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. Civ. "Delivery Service Fee" means a Fee paid by Merchant to Noon Food in consideration for the use of the Noon Food Delivery Services. Any other use of the Platform is strictly prohibited. Grubhub is a leading food delivery service in the US. Grubhub publicly released the letter they sent to shareholders, in which they estimate delivery is a $200 billion industry in the U.S. Grubhub reserves all rights not expressly granted under this Agreement with respect to the Mobile Applications and otherwise. If you do not agree, do not use the Driver App. 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. The foregoing Governing Law and Venue provisions do not apply to the Dispute Resolution section, and we refer you to that section for the applicable provisions for such disputes. Maximum $15 Lowest Price Guarantee GHG Perk (which includes a $5 Extra Perk). Failure to strictly adhere to this policy will result in termination of your Partner Agreement. If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Platform, and your parent or legal guardian must read and agree to this Agreement on your behalf prior to your using the Platform. Grubhub is not a delivery company or a common carrier. Postmates is a delivery service that promises to be able to deliver just about anything. Join now for a 14-day free trial or get Grubhub+ for $9.99/month. The company relies on user reviews to improve the delivery experience. In consideration of the use of the Driver App, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current, and complete; if you fail to do any of the foregoing, Grubhub will have the right to terminate your Partner Agreement and restrict your access to the Driver App. The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section. 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. This allows Grubhub to promptly offer the order to another driver. With Grubhub, its easy to earn competitive pay, keep 100% of your tips and create your own flexible schedule. Drivers are posting that they have received emails notifying them they were suspended for 30 . Member FDIC, You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. In all events, you are required to provide another form of payment to submit an order, even if this payment method is not charged. 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. 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. If you need assistance, text HELP. Code 1798.100 et seq. You understand and consent that such messages may be sent using an automatic telephone dialing system. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM GRUBHUB AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. For any Dispute that Grubhub raises, we will send our written description of the Dispute to the email address associated with your account. 512(c), but do not constitute legal advice. 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. Grubhub may monitor any and all use of the Driver App, and may manage the Driver App in a manner intended to protect our property and rights and to facilitate its proper functioning. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. 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. You agree that you will act as a Service Provider, as such term is defined in the California Consumer Privacy Act, Cal. Access learning materials covering topics like the app, scheduling, picking up orders and more. The following applies to any Mobile Application you acquire from the Apple App Store (Apple-Sourced Software): You acknowledge and agree that this Agreement is solely between you and Grubhub, not Apple, Inc. (Apple) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. 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. 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. Partnering with delivery aggregators squeeze margins even tighter. Code 1798.100 et seq. 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. Grubhub also charges a premium for more visibility. Grubhub is not a restaurant or food preparation entity. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. 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. Such Ratings and Reviews are considered Your Content and are governed by the terms and conditions of this Agreement. Grubhubs white label convenience menus source products from select third party providers, including existing Merchants on the Grubhub Platform. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Please note that standard voice, data and message rates will apply for all forms of communication. 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. The Merchants available on our Platform operate independently of Grubhub. 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"). 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. Your right and ability to continue using the Driver App for the purpose of fulfilling delivery orders will terminate immediately if your Partner Agreement is terminated. Your written description must be personally signed by you. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the Payment Due Date), you grant Grubhub the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law. 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. We help thousands of companies feed their teams by simplifying the process of ordering meals and paying for those purchases. Use the fields below to e-sign this template. length of this agreement, B) Agree to a 15% discount on the total food order, (sales taxes shall be. You also agree to comply with any written requests from Diners or Grubhub to delete Diners Data. ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. The contract is entered into as of [Contract.CreatedDate] and shall remain in effect until [Contract.ExpirationDate] unless cancelled pursuant to the terms listed below. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTYS CLAIM. The clause always begins with the word WHILE. You can also earn bonus pay by completing incentives and challenges. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, you may forfeit the cost of such beverages, and you may be responsible for restocking fees. Grubhub is the leader in food ordering and delivery, a.k.a. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of the complete written description of the Dispute, you and Grubhub agree to the further dispute resolution provisions below. T-Mobile, AT&T, Verizon, etc.) Published: February 6, 2020 - Last updated: July 11, 2022. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Grubhub or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). 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. THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED "AS IS" AND AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. 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. 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. Amazon reserves the right to modify or cancel the offer at any time. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this Dispute Resolution section as written. By accessing the Platform, you agree and acknowledge that Merchants are solely responsible for, and Grubhub shall not be liable or responsible for, the services provided to you by any Merchant or any subcontractor of any Merchant, nor shall Grubhub be responsible for any acts, omissions, errors or misrepresentations made by any Merchant or any subcontractor of any Merchant. With over 300,000 restaurants on the app, customers have a ton of optionswhich means you have a ton of opportunities to make money. 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. If we make a material change to the Agreement, we will notify you. You may order food through the Platform to be delivered from particular merchants, including their authorized licensees and franchisees, or other purveyors of food in cities throughout the United States and other territories where Grubhub provides such Services (collectively, the Merchants). You agree that Your Content will not: We do our best to encourage civility and discourage disruptive communication on the Platform. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration. What does that mean? 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. III. Grubhub: As one of the largest third-party delivery services in the United States, Grubhub is offered in most major cities. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. Grubhub Delivery Let us deliver your food for you with our fleet of professional drivers. 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. We may change this Agreement from time to time and without prior notice to you. Returning Christmas gifts for my family to go to $2k+ in car repairs. 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. The provider of Services is set forth herein. 1. Welcome! When paid by you, these payments are final and non-refundable, unless otherwise determined by Grubhub. By accessing the Driver App, you agree to the following conditions: You will not accept orders offered through the Driver App that you do not intend to deliver; You will not disclose, and will maintain the strict confidentiality of, the Diner Data and transaction logs available through the Driver App; You will not violate any applicable law(s) or Grubhubs Terms of Use; You will not deliver alcohol unless you and the alcohol recipient are 21 or older, and you have verified the recipients name and age using a valid photo identification at the time of alcohol delivery; You will not access the Driver App or related services using a third-partys account/registration, or attempt to impersonate another person, particularly any Delivery Partner; You will not falsely report your geographic location or prevent or otherwise attempt to prevent the Driver App from accurately reporting your geographic location; You will not attempt, through any means, to gain unauthorized access to any part of the Driver App and/or any related service, or any other account, computer system and/or network connected to any Grubhub server; You will not attempt to deceive, mislead, confuse, or defraud Grubhub through any means of circumvention related to the Driver App or the Services you are purporting to provide; You will not decompile or reverse-engineer the Driver App and/or monitor any portion of the Driver App and/or any Materials and/or other content on the Driver App, unless an authorized representative of Grubhub has given you specific permission to do so in writing; You will not conduct any kind of systematic retrieval of data or other content from the Driver App; You will not create or compile, directly or indirectly, any collection, compilation, database or directory from the Driver Apps content; You will not use the Driver App in any manner that could damage, disable, overburden and/or impair any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other Delivery Partners use of the Driver App; You will not use any information obtained from the Driver App or the Grubhub services (apart from authorized use of Grubhub services) in order to contact, solicit, or buy or sell any products or services to anyone, including but not limited to any Diner, Restaurant or another Delivery Partner; You will not copy or republish any content, including, but not limited to Diner Data and transaction logs; You will not license, sell and/or otherwise provide access to and/or use of your Account or the Driver App to any third party (other than subcontractors, pursuant to your Partner Agreement), including without limitation to build a competitive product and/or service; You will not harass, annoy, intimidate or threaten any Grubhub employees or agents engaged in providing any portion of Grubhubs services; You will not contact any Diners or Restaurants beyond what is necessary to fulfill your delivery services, unless the Diner(s) or Restaurant(s) expressly consents to such contact; You will not delete the copyright or other proprietary rights notice from any Materials or any portion of the Driver App or Grubhubs services; You will not upload or transmit viruses or other harmful, disruptive or destructive files; You will not disrupt, interfere with, or otherwise harm or violate the security of the Driver App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Driver App or affiliated or linked sites (including those of our restaurant partners); and. We strive to maintain a high level of integrity with our Ratings and Reviews and other aspects of Your Content. "It is a very large expense. 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. Nothing contained on the Platform should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Platform without the express written permission of Grubhub or the appropriate third party owner, as applicable. By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF USING THE SITE. 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. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the Mobile Application in the event there is no automatic update.
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