The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. As part of their contractual agreement, third-party food delivery services retain all customer data. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. It's now a household name, and it's always on the lookout for new delivery drivers. Just Eat Takeaway.com to combine with Grubhub to create a leading global online food delivery player . Access support when you need it. 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. Except as modified by this Dispute Resolution section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a consumer agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 5 Bryant Park, 15th Floor, New York, NY 10018. Civ. 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. Making Money with Grubhub is Easy You only need a few things to get started: Car (or bike in select areas) Valid driver's license and auto insurance for drivers Driver's license or valid state I.D. The new contract, sent out on Wednesday and seen by Guardian Australia, stated drivers who signed the agreement were self-employed contractors and there was no "employment relationship between. Grubhub has a more flexible hiring policy than some of its competing brands. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. Class Action Suit in the Southern District of New York In April 2020, private plaintiffs filed a class action lawsuit against the four major food delivery companies (Grubhub, DoorDash, UberEats and Postmates) in the Southern District of New York, accusing them of occupying monopoly power in the delivery market. Except for the Dispute Resolution section below, the terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice or conflict of laws principles. The On-Time Delivery Guarantee offers claimants GHG Perks in connection with eligible online delivery orders that are delivered late. Except as otherwise provided in this Agreement (see Dispute Resolution section III), if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The arbitrators award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. To revoke your consent to receiving SMS or MMS messages from Grubhub, you agree to follow the unsubscribe procedures described below. Grubhub Corporate Accounts are part of Grubhub, one of the nation's leading takeout and delivery marketplace. If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. What does that mean? 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. As between you and Grubhub, the Platform, including the Driver App, and everything on it (collectively, the Materials), except for the Diner Data and data that you directly provide about yourself on the Driver App, are owned by or licensed to Grubhub and protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other proprietary rights and laws of the United States and other countries, including without limitation, all trademarks, service marks, logos, trade dress and trade names related to Grubhub; Seamless; AllMenus; MenuPages; gH; gH delivery; OrderHub; GrubCentral; Golden Grub; Track Your Grub; Taste of Seamless; Craved; Your Food is Here; and the Grubhub.com and Seamless.com trade dress. * *Grubhub Delivery Only Processing Orders for Grubhub Diners If we make a change to this Agreement, we will make the most current version of this Agreement available at the Terms of Use link (Updated Terms). In those instances, Grubhub is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each others concerns. Any other use of the Materials is strictly prohibited. Because with Grubhub: Click, click, food! (the CCPA), in the performance of your obligations pursuant to the Agreement. Can I apply to deliver in more than one market? By participating in perks, which includes all promotions, discounts, coupons or loyalty programs available on the Platform (collectively, Perks), you agree to this Agreement and the additional Perks Terms of Use. All drivers must also be at least 19 years of age, but no previous delivery experience is required! 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 use the Driver App only if you are an authorized Grubhub delivery partner (Delivery Partner) with a validly executed and current Partner Agreement, and solely for the purpose of obtaining and fulfilling delivery orders and providing delivery services to diners (Services). - Order food using the Grubhub app and avoid the hassle of over-the-phone mistakes - Grubhub's customer support is there for you 24/7 - Whether it's Chinese food, Greek, Italian, or any other food type you're craving, it's covered. Grubhub may provide you with interactive opportunities (i) on the Platform, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked Merchants, user profiles and pictures, (ii) on social media pages maintained by Grubhub, as well as (iii) through other communications with you, including, without limitation, through text (SMS) or multimedia (MMS) messages (collectively, "Interactive Areas"). Delivery partners must have a valid driver's license and minimum auto insurance. You can also earn bonus pay by completing incentives and challenges. It's also likely a blow for Grubhub, once Taco Bell's exclusive delivery partner after that 2018 agreement, which also included Yum Brands' KFC system. You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. I. Grubhub reserves the right to change this "Dispute Resolution" section. For example, the same menu item may be available at both the existing merchant and Grubhubs white label convenience, but the price on the existing merchant's menu may be higher than the price on Grubhubs white label convenience menu. This subparagraph does not affect your statutory rights. Members also enjoy a donation match on Grubhub+ orders through Grubhub's Donate the Change program, which raised more than $25 million in 2021 alone, benefiting more than 20 charitable organizations. Amazon has the option to take a 2% stake in Grubhub (GRUB), with the possibility to acquire up to 15% if certain business performance conditions are met, according to an announcement from Grubhub . - Food delivery from exclusive restaurant partners, so you'll find that mom and pop shop AND the . You agree to cooperate in good faith with Grubhub and the arbitration provider to implement such a batch approach or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. Please contact your mobile phone carrier for details. 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. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. Amazon reserves the right to modify or cancel the offer at any time. You may use the Driver App only if you are an authorized Grubhub delivery partner ("Delivery Partner") with a validly executed and current Partner Agreement, and solely for the purpose of obtaining and fulfilling delivery orders and providing delivery services to diners ("Services"). GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. This Agreement, together with any amendments and any additional agreements you may enter into with Grubhub in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and Grubhub concerning the Platform, any orders placed through the Platform, and the Services hereunder. Get it now! All such Additional Terms are hereby incorporated into this Agreement by reference. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein. The gross assets of Grubhub as at 31 December 2021 were 6,521 million and the loss before tax for the 12 months ending 31 December 2021 was 403 million. 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. This Agreement constitutes a contract between you and us that governs your access and use of the Platform and Services. 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. Welcome! You acknowledge that Grubhub may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of any Mobile Applications that you are using on your mobile device. Please contact your mobile phone carrier for details. If you are a California resident, in accordance with Cal. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. The. The subscription service offers subscribers a $0 delivery fee and reduces other fees on orders of at least $12 from a DashPass eligible restaurant. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. {"title":"Terms Of Use - GH ","pageTitle":"Food Delivery | Restaurant Takeout | Order Food Online | Grubhub","metaDescription":"Free online ordering from restaurants near you! If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit through the Driver App. By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Platform. You can learn more about Google's practices at http://www.google.com/policies/privacy/partners. You understand and agree that such messages may be sent using automated technology. This might include an informal telephonic dispute resolution conference between you and Grubhub if such a conference is requested by Grubhub. Add your business' information or feel free to modify any of its content. Grubhub will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with any communication. Except as provided by your Partner Agreement, this Agreement will govern any disputes arising before the effective date of the Updated Terms. 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. Grubhub may provide you with one or more prepaid cards for the purpose of paying for orders at restaurants (a Payment Card). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST GRUBHUB, WHETHER NOW PENDING OR FILED IN THE FUTURE. What are the requirements for partnering with Grubhub? for bike riders, Smartphone (iPhone with iOS 11 or later or Android with 5.0 or later). Grubhub is a virtual marketplace Platform that connects hungry diners with third-party service providers, including local merchants and independent delivery service providers. You may also opt out of certain Grubhub driver-specific email communications by following the unsubscribe link at the bottom of a Grubhub driver-related email. Amazon tried but then ultimately stepped away from building its own cost-intensive Grubhub and DoorDash competitor in the U.S. back in 2019.Now three years on, it's taking a different approach . For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount due. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. 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. If any Mobile Application is being acquired on behalf of the United States Government, then the following provision applies: The Mobile Application will be deemed to be commercial computer software and commercial computer software documentation, respectively, pursuant to DFAR 227.7202 and FAR 12.212, as applicable. Merchants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. What's in it for you If you do register with the Merchants promotional or loyalty program, you understand that you may be required to agree to additional terms and conditions provided by the Merchant and/or you may be directed to a Third Party Website. Grubhubs restaurants and diners expect a high quality experience in using the Platform. You may also receive text messages in response to certain Customer Care requests. Once signed, the template can be downloaded as a PDF for your records. 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. Grubhub reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed for Merchant food and beverage items. Unless made available to you, these Perks and promotional offers will have no bearing on your obligation to pay the amounts charged. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. You may also opt out of certain Grubhub driver-specific email communications by following the unsubscribe link at the bottom of a Grubhub driver-related email. Therefore, all Ratings and Reviews must comply with the following criteria, in addition to and without limiting other requirements applicable to Your Content as set forth in these Terms: (1) before posting a Rating or Review, you must have had recent first-hand experience with the Merchant; (2) you may not have a proprietary or other affiliation with either the Merchant or any of its competitors; (3) you may not draw any legal conclusions regarding the Merchants' products, services, or conduct; (4) your Review must otherwise comply with the terms of this Agreement as well as all applicable laws, rules, and regulations, including without limitation the Federal Trade Commissions Guides Concerning the Use of Endorsements and Testimonials in Advertising (which may be found at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including that your Review must disclose any material connection you may have with Grubhub or the Merchant; and (5) you will not submit a Rating or Review in exchange for payment, free food or beverage items, or other benefits from any Merchant or third party. For any Dispute that Grubhub raises, we will send our written description of the Dispute to the email address associated with your account. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Platform may be removed or excluded by us without notice. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works; Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Platform; Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; and.
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