grubhub delivery partner agreement grubhub delivery partner agreement

To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. To ensure safety in your community, we default customers to, and recommend that all delivery partners take, Valid driver's license and auto insurance for drivers, Driver's license or valid state I.D. You may opt out of Grubhub driver-specific text messages by texting STOP in response to a Grubhub driver SMS. Any waiver by Grubhub of any term of this Agreement must be in writing. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES. If you pay any amounts with a credit card, Grubhub may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. Enjoy $0 food delivery fees Sign in Offer limited to Prime members in the U.S. Offer limited to one per customer and account. Applying to be a Grubhub Delivery Partner Sponsored: On average, every 1,000 miles tracked reduces your tax bill by $150. We also do our best to discourage communications that incite others to violate our standards. It means that by accessing and/or using the Platform or our Services, or by clicking a button or checking a box marked I Agree (or something similar), you agree to all the terms and conditions of this Agreement. IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW: (A) THE DISCLAIMER OF LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, NEW JERSEY PRODUCTS LIABILITY ACT, NEW JERSEY UNIFORM COMMERCIAL CODE, AND NEW JERSEY CONSUMER FRAUD ACT); (B) THE LIMITATION ON LIABILITY FOR LOST PROFITS OR LOSS OR MISUSE OF ANY DATA (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY IDENTITY THEFT PROTECTION ACT AND NEW JERSEY CONSUMER FRAUD ACT); (C) APPLICATION OF THE LIMITATIONS OF LIABILITY TO THE RECOVERY OF DAMAGES THAT ARISE UNDER CONTRACT AND TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY (FOR EXAMPLE, TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE BY A CONSUMER UNDER NEW JERSEY LAW, INCLUDING, WITHOUT LIMITATION, THE NEW JERSEY PRODUCTS LIABILITY ACT); AND (D) THE NEW YORK GOVERNING LAW PROVISION (FOR EXAMPLE, TO THE EXTENT THAT YOUR RIGHTS AS A CONSUMER RESIDING IN NEW JERSEY ARE REQUIRED TO BE GOVERNED BY NEW JERSEY LAW). Grubhub reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular Account, device and/or IP address. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. Delivery partners must have a valid driver's license and minimum auto insurance. If you do any of the aforementioned, Grubhub will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Make money on your own terms and start earning with Grubhub.*. Excited about my transition to better ways of making money. You may have another Account if you are using the Platform for business purposes, including as part of an enterprise Account, pursuant to a separate agreement with Grubhub. To be eligible for the Program, each applicant ("Applicant" or "you") must have valid and operative Delivery Partner Agreements with Grubhub, and be "Active" Grubhub delivery partners. [11] Grubhub: As one of the largest third-party delivery services in the United States, Grubhub is offered in most major cities. Please contact your mobile phone carrier for details. Please be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law. Grubhub is not liable or responsible for Merchants' food preparation or safety and does not verify their compliance with all applicable laws. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF USING THE SITE. Any use, reproduction, release, performance, display, or disclosure of the Platform and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Learn more about how Grubhub is prioritizing the health and safety of delivery partners. For clarity, you shall not retain, use or disclose Diner Data beyond what is necessary to provide the Services without the express consent of the Diner, nor download, store and/or sell any information you process in connection with the provision of Services outside of the Driver App or otherwise use Diner Data for any purpose other than providing the Services. All such Additional Terms are hereby incorporated into this Agreement by reference. Rather, Delivery Partners have entered into agreements with Grubhub which require them to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. References to "Delivery Partners" should be read to include both Noon Food Delivery Partners and Merchant Delivery Partners. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. This Batch Arbitrations provision shall in no way be interpreted as authorizing class arbitration of any kind. If you require assistance, please call our Customer Care team at 1-877-585-7878. Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) Your Content and Conduct; (ii) Disclaimer; (iii) Limitation of Liability; (iv) Important Note to New Jersey Consumers; (v) Termination and Violations of this Agreement; (vi) Dispute Resolution; (vii) Indemnification and (viii) Waiver and Severability.. You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. Published: February 6, 2020 - Last updated: July 11, 2022. Further, you agree that the consequences of commercial use or re-publication of Your Content (defined below) or Materials from the Platform or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages. Australia: 1800-717-576. Grubhhub 30 Day Suspensions - What Now? - EntreCourier Those who wish to partner with Grubhub using a Car must: Have an original, valid driver's license If 19 years old or more: 2 years' valid license If 18 years old: at least 1 year valid license Have auto insurance Those who wish to partner with Grubhub using a Bicycle must have ONE of the following: Original, Valid state ID This might include an informal telephonic dispute resolution conference between you and Grubhub if such a conference is requested by Grubhub. The provider of Services is set forth herein. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS DISPUTE RESOLUTION SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR GRUBHUB IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. Your written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. Using contact-free delivery, supporting local restaurants & COVID-19's impact Billing, payments & refunds Check your refund status, update billing & payment info, etc. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GRUBHUB EACH WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. Accordingly, and without limiting any of the provisions set forth in the Partner Agreement, by using the Platform, including the Driver App, you acknowledge and agree that you are permitted to use the information disclosed or otherwise made available to you, including without limitation diners data (e.g. Grubhub will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with any communication. Postmates is a delivery service that promises to be able to deliver just about anything. Access learning materials covering topics like the app, scheduling, picking up orders and more. Grubhub will charge, and you authorize Grubhub to charge, the payment method you specify at the time of purchase. If after sixty (60) days the Informal Dispute Resolution Procedure above is unsuccessful in resolving the parties dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. Grubhub Corporate Accounts are part of Grubhub, one of the nation's leading takeout and delivery marketplace. Place your order from two hours to four days in advance for food delivered right when you know you'll need it. Use of the Driver App requires that you register and/or create an account (Account) by providing certain personal information. You agree to keep your contact information, including email address, current. You are responsible for maintaining the confidentiality and security of your Account and password, and for all activities and any other actions that occur under or are taken in connection with your password or Account. As of this agreement, take something else has been in the discretion determined were suspended or strangers during busy periods shown, grubhub delivery partner agreement and tips and into taking from. Welcome! We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Materials, solely as permitted by these Terms of Use and subject to all the terms and conditions of the Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. The parties will first attempt to agree on an arbitrator. To revoke your consent to receiving SMS or MMS messages from Grubhub, you agree to follow the unsubscribe procedures described below. If an order has been prepared but requires remaking due to a late pickup, restaurants are empowered to remake an order and contact Grubhub for a credit. Here are the current requirements. Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 5 Bryant Park, 15th Floor, New York, NY 10018. If any conduct on or outside of our App violates the standards above, or any other terms and conditions of this Agreement; or interferes with other peoples enjoyment of the Materials or our App; or that we believe is inappropriate; in our sole, good faith judgment, we reserve the right to change, delete or remove, in part or in full, any such content; and we further reserve the right to terminate access to the Driver App or to any information available through the Driver App. Merchant's Delivery Service Fee is specifically set forth in the Order Form. You and Grubhub then agree to negotiate in good faith about the Dispute. DoorDash vs. Grubhub: Which Is Better for Drivers? - GOBankingRates The Platform and other Interactive Areas may allow you to rate (each, a Rating) and post reviews (each, a Review) of Merchants. Grubhub: Food Delivery on the App Store Grubhub does not review, monitor, operate and/or control the Third Party Websites and Grubhub makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content, products or services available on or through and/or the functioning of the Third Party Websites. Furthermore Grubhub's ""GrubHub Delivery Partner Agreement"" (Date: Jan 10th 2019) states the following: GrubHub will have no right to, and will not, control or prescribe the manner, method or means Delivery Partner uses to complete Delivery Services. The Driver App may allow you to rate and post reviews of Restaurants and other businesses (each a Rating or Review). By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Grubhub in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable). Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from Grubhub, the Merchant, or your delivery person regarding your order or its delivery unless you also text "STOP" to the number sending the order-related messages, and even in such event, you may still receive individual texts from the Merchant or your delivery person to enable successful delivery of your order. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. The company writes that "listing restaurants on platforms. Become an Uber Eats Merchant Partner | Uber Eats Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Grubhub will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. We own and operate this app (Driver App), and the related consumer web- and mobile-sites and mobile application(s), and selected other domains (collectively, the Platform). You understand and agree that such messages may be sent using automated technology. Rather, Delivery Partners have entered into agreements with Grubhub which require them to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. Amazon on Wednesday agreed to take a stake in Grubhub as part of a deal that will also give members of its Prime subscription program a one-year membership to the food delivery service. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forums rules, and this Agreement. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Driver App and/or Materials (including without limitation all Diner. Before you start delivering, please read these terms of use carefully, including the Privacy Policy incorporated herein. There might be instances when a Dispute (as defined below) arises between you and Grubhub. GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF THE FOOD OR OTHER PRODUCTS ORDERED ON THE SITES. We may manage the Platform in a manner intended to protect our property and rights and to facilitate the proper functioning of the Platform. Notwithstanding the foregoing, you are not authorized to use the Platform or otherwise access the Services if you are under the age of 16. Grubhub expressly reserves its right to raise unique defenses as to each claimant in connection with this process. The company relies on user reviews to improve the delivery experience. The terms and conditions stated on the physical card apply. 512(c), but do not constitute legal advice. So signing the delivery partner agreement with grubhub pretty much (NYSE: GRUB) ("Grubhub") have entered into a definitive agreement whereby the Company is to acquire 100% of the shares of Grubhub in an all-stock transaction (the . Grubhubs restaurants and diners expect a high quality experience in using the Platform. With the exception of Your Content (defined below), the Platform and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the "Materials") is owned by or licensed to Grubhub. Grubhub and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the Released Parties) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your Ratings and Reviews. Any other use of the Platform is strictly prohibited. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF. You and Grubhub acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. These Terms of Use, taken together with the Delivery Service Provider Agreement or Delivery Partner Agreement (the Partner Agreement) you have entered into with Grubhub Holdings Inc. or its subsidiaries and affiliates, constitute a contract between you and us (collectively, the Agreement) and govern your access to and use of the Platform. In comparison, I've done over 1,100 DoorDash orders, 200+ UberEats and 1,000+ Instacart orders so I know a thing or two about food delivery apps. A) Agree to not enter into a contract with any other Delivery Service for the. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Software; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Grubhub as provider of the software. When you provide your phone number to Grubhub, you warrant that you are the current subscriber or authorized user of the relevant account. Certain features of the Platform, including, without limitation, the placing or receipt of orders, may require you to make certain payments, including commissions or other fees. Therefore, you agree that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages. The following applies to any Mobile Applications you acquire from the Google Play Store (Google-Sourced Software): (i) you acknowledge that the Agreement is solely between you and Grubhub only, and not with Google, Inc. (Google); (ii) your use of Google-Sourced Software must comply with Googles then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Grubhub, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Grubhubs Google-Sourced Software. If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that entity, organization, or company. Additionally, your use of the Driver App is subject to any and all additional terms, policies, rules or guidelines applicable to Grubhubs services or certain features of the Driver App that we may post or link to on the Driver App (collectively, the Additional Terms), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Driver App. Join now for a 14-day free trial or get Grubhub+ for $9.99/month. GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. What are the requirements for partnering with Grubhub? TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GRUBHUB BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF GRUBHUB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY GRUBHUB. This Agreement does not cover or address certain end user services provided by our affiliate SCVNGR, Inc. d/b/a LevelUp (LevelUp) on behalf of its merchant clients; please see the LevelUp User Terms of Service for more information. If you are a California resident, in accordance with Cal. The arbitrator will render an award within the time frame specified in the applicable AAA Rules. As a result of this material breach of Section 4 of your Delivery Partner Agreement ("Agreement"), you are being notified that Grubhub is terminating your Agreement, effective immediately, in accordance with Section 11 of your Agreement. The terms and conditions for e-gift card use are located at https://grubhub.cashstar.com/about/terms_and_conditions and the privacy policy for gift cards is located at https://grubhub.cashstar.com/about/privacy_policy; and both are incorporated into this Agreement by reference. IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A MERCHANT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Grubhub as provider of the software. By purchasing or using a Grubhub membership subscription service (including Grubhub+ and Seamless+), you agree to this Agreement and the additional Membership Terms of Use. Grubhub, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.