The Partners shall establish accounts at Restaurant. UNLESS BOTH YOU AND GRUBHUB OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account to the following email address: disputeresolution@grubhub.com. Member FDIC. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. Merchant's Delivery Service Fee is specifically set forth in the Order Form. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. As a driver, you'll use your smartphone and vehicle to accept and deliver orders. As part of their contractual agreement, third-party food delivery services retain all customer data. You agree to: (a) immediately notify Grubhub of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Grubhub will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) or (b) above, or for any acts or omissions by you or someone else using your Account and/or password. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. You agree to keep your contact information, including email address, current. A) Agree to not enter into a contract with any other Delivery Service for the. Get warming bags from Grubhub or use your own. Regardless of the cause, Grubhub reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes. You agree that you will review this Agreement periodically and check the Effective date in this Agreement to stay aware of any changes. Centerview Partners (Financial adviser to Grubhub) +1 212 380 2650. 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. This subparagraph does not affect your statutory rights. Bank for the Restaurant's financial needs. To opt out, you must notify Grubhub in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. To resubscribe, text START to the same number from the phone number associated with your account. Grubhub has a more flexible hiring policy than some of its competing brands. The terms and conditions stated on the physical card apply. UberEats allows you to cash out the moment you earn money and Grubhub has a three-day bank info verification window before it allows you to cash out your earnings when you first start. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF USING THE SITE. You agree not to communicate in any way that: is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of anothers privacy, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable; has a commercial, political or religious purpose; is false, misleading and/or not written in good faith; infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; is illegal and/or promotes illegal activity; contains unauthorized advertising and/or solicits users to a business other than those on the Sites; is disruptive and/or incites others to violate industry standards and/or Grubhubs standards; and/or. In jurisdictions that permit the ordering and delivery of alcoholic beverages, if you deliver an order that includes any alcoholic beverage, you acknowledge that you have a responsibility, upon delivery, to examine a government-issued identification card of the recipient and confirm that: (i) the recipient is at least 21 years of age; (ii) the individuals name matches the name on the order; and (iii) the recipient does not appear intoxicated. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW. 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. Ratings and Reviews are not endorsed by Grubhub, and do not represent the views of Grubhub or of any affiliate or partner of Grubhub. Any Rating and/or Review that we determine, in our sole, good faith discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Driver App may be removed or excluded by us without notice. Use of the Driver App requires that you register and/or create an account (Account) by providing certain personal information. If you violate any of the offer terms, the offer will be invalid. III. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Except as provided by your Partner Agreement, 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 Driver App from a particular device and/or IP address. 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. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to Grubhub through the Platform or otherwise in connection with your use of our Services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (Your Content). 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 also makes physical gift cards available for purchase. 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 . Grubhub does not endorse Delivery Partners Ratings or Reviews, and does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. This line of work is brutal 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. All drivers must also be at least 19 years of age, but no previous delivery experience is required! for bike riders, Smartphone (iPhone with iOS 11 or later or Android with 5.0 or later). The Delivery Partner may electronically scan the identification card of the individual receiving the order to confirm that the recipient is at least 21 years of age and the delivery may be completed. Why you should consider driving for Grubhub. There might be instances when a Dispute (as defined below) arises between you and Grubhub. 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. Drivers are posting that they have received emails notifying them they were suspended for 30 . You agree that Your Content will not: We do our best to encourage civility and discourage disruptive communication on the Platform. Because with Grubhub: Click, click, food! for bike riders Smartphone (iPhone with iOS 11 or later or Android with 5.0 or later) We make your hungry team happy. By signing below, both parties hereby enter into this service delivery agreement with one another as of the date of this agreement. By electing to make a Donation (defined in the Donate the Change Terms of Use) and participating in the Grubhub Donate the Change program, you agree to this Agreement and the additional Donate the Change Terms of Use. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Please continue to follow the guidance of your public health authorities. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND GRUBHUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Such Ratings and Reviews are considered Your Content and are governed by the terms and conditions of this Agreement. Grubhubs restaurants and diners expect a high quality experience in using the Platform. 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. 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. You grant Grubhub the right to freely and fully exploit and share any suggestions, input or other feedback or content you provide relating to the Platform or other Grubhub services we provide in connection with its business, without additional notice to, approval by or compensation to you. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. 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. Delivery Partners are auto-assigned to orders by Grubhub. Delivery partners must have a valid driver's license and minimum auto insurance. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement as well as claims that may arise after the termination of this Agreement. Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated to you from time to time. If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. Therefore, for any Dispute that arises between you and Grubhub, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. You agree to (a) immediately notify Grubhub of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the Driver App; and (b) ensure that you exit from your Account at the end of each session. We strive to maintain a high level of integrity with our Ratings and Reviews and other aspects of Your Content. Place your order from two hours to four days in advance for food delivered right when you know you'll need it. 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. You agree to be professional at all times in all communications with any Diner and/or Restaurant. This service delivery agreement shall be governed by the laws of [Sender.State]. Here are some of the top reasons to consider becoming a Grubhub gig delivery driver: 1. "Delivery Service Fee" means a Fee paid by Merchant to Noon Food in consideration for the use of the Noon Food Delivery Services. We may change this Agreement from time to time and without prior notice to you. 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. 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 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. Nikki Lawson, Taco Bell's chief global brand officer, said in the press release that growing delivery has "always been a priority for the brand" and this partnership proves just that. (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 . Before you start delivering, please read these terms of use carefully, including the Privacy Policy incorporated herein. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed. The Platform and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Your Content includes, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a Grubhub diner, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise. diners names, phone numbers, email, and physical addresses) and any other information subject to applicable privacy and/or data security laws, rules or regulations (collectively, Diner Data), transaction logs and other Materials (as defined below), solely for the purpose of providing the Services. Sponsored: On average, every 1,000 miles tracked reduces your tax bill by $150. be unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; have a commercial, political, or religious purpose; be false, misleading, and/or not written in good faith; infringe any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; be illegal and/or promote illegal activity; contain confidential information belonging to a third party; contain unauthorized advertising and/or solicits users to a business other than those on the Platform; and/or. 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. By accessing the Platform or the Services, you agree: You agree to comply with the above conduct requirements and agree not assist or permit any person in engaging in any conduct that does not comply with the above conduct. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein. not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked sites (including, without limitation, those of our Merchant). Please note that standard voice, data and message rates will apply for all forms of communication. Please note that unsubscribing from one of the branded properties in our Platform will not automatically unsubscribe you from another separately branded property in our Platform. To resubscribe, text "START" to the number sending the feedback messages using the phone number associated with your account. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRUBHUB DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Grubhub may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. 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"). Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and Grubhub, except as necessary to obtain court confirmation of the arbitration award. The clause always begins with the word WHILE. This includes first sending a written description of the Dispute to the other party. pick-up and delivery partners (" PDP ") who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the . The provider of Services is set forth herein. You grant Grubhub an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use your Ratings and Reviews in connection with Grubhubs business and in all forms of media now known or hereafter invented, without additional notification to and/or approval by you. Grubhub reserves the right to deactivate your access to the Driver App if your service falls below the industry standard for like services in your region, as determined by Grubhub in its good faith discretion. You consent to receive communications from us or on our behalf electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Offer is non-transferable and may not be resold. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys fees, costs and expenses in favor of a party. What Is Grubhub? Notwithstanding the foregoing, you are not authorized to use the Platform or otherwise access the Services if you are under the age of 16. 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. To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. 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. PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. DoorDash and Grubhub offer monthly subscription services that can be canceled at any time: DashPass is a DoorDash subscription service that costs $9.99. 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. Once your background check clears and you sign your delivery partner agreement, you'll be able . The preceding requirements are intended to comply with Grubhubs rights and obligations under the DMCA, including 17 U.S.C. Most food delivery companies have similar rules and parameters for drivers. by email or instant message), sending of viruses or other harmful files, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any of the Materials or from any portion of the Platform or the Services; not to rent, lease, redistribute, sell, sublicense, decompile, reverse engineer, disassemble, or otherwise reduce the Platform and/or the Materials, in whole or in part, to a human-perceivable form for any purpose, including, without limitation, to build a product and/or service competitive with the Platform and its Services; and. As a result, we save our clients up to 30 percent on food-related costs . You and Grubhub agree that to the extent any dispute, claim, or controversy is permitted to proceed in court (except for small claims court), it shall be brought and heard exclusively in the state and federal courts of New York County, New York. Here are the current requirements. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. 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 company relies on user reviews to improve the delivery experience. Any other use of the Platform is strictly prohibited. about how Grubhub is prioritizing the health and safety of delivery partners. If Grubhub changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform or Services after such change will be deemed acceptance of those changes. Grubhubs updates to this Agreement do not provide you with a new opportunity to opt out of the Mutual Arbitration Agreement if you previously agreed to an Agreement and did not validly opt out of arbitration. What are the requirements for partnering with Grubhub? Your access to the Driver App may be deactivated if Grubhub determines in its good faith, reasonable discretion that you have materially violated these Quality of Service standards. With more than 30,000 restaurants in 500+ cities, food delivery or takeout is just a click away. It's now a household name, and it's always on the lookout for new delivery drivers. to comply with the Agreement and all applicable laws, rules and regulations in connection with your use of the Platform and Services, including, without limitation, laws regarding online conduct and Your Content (as defined below); not to use the Platform or Services for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us; not to access the Platform or Services using a third party's account/registration without the express consent of the Account holder and not to attempt to impersonate another user or person; not to avoid, bypass, remove, deactivate, impair, descramble, or attempt, through any means, to circumvent any technological measure implemented by Grubhub to protect the Platform, or otherwise attempt to gain unauthorized access to any part of the Platform and/or any Service, other Account, computer system, and/or network connected to any Grubhub server; not to use the Platform or Services in any manner that could damage, disable, overburden, and/or impair the Platform, any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other party's use and enjoyment of the Platform; not to advertise to, or solicit, any user, Merchant, or other business to buy or sell any products or services, or use any information obtained from the Platform or the Services in order to contact, solicit, or advertise or sell to any user, Merchant, or other business, in each case, unless specifically authorized in writing by Grubhub; not to deep-link to or frame the Platform and/or access the Platform manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Platform and/or any Materials and/or other content on the Platform, unless specifically authorized in writing by Grubhub; not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Platform; not to create or compile, directly or indirectly, any collection, compilation, database, or directory from the Platform or Materials; not to create Merchant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to copy, publish, or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers; not to harass, annoy, intimidate, threaten or engage in any racist, sexist, or other behavior that Grubhub finds objectionable to any Grubhub employees, contractors, or agents engaged in providing any portion of the Services and not to engage in any other behavior that Grubhub deems inappropriate when using the Platform or Services; not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming (e.g.
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