Effective: April 2, 2018
We can't wait to deliver you food happiness, but before you place a food order from Grubhub via Groupon, please read these terms carefully.
THE SECTION BELOW ENTITLED "DISPUTE RESOLUTION" HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
Grubhub and Groupon have joined forces to enable you to place orders using your Groupon account from Grubhub’s vast network of restaurants, for fulfillment by Grubhub and such restaurants. As used in these terms (the “Agreement”), (i) "Grubhub," "we," "us," and "our" shall mean Grubhub Holdings Inc. and its subsidiaries and affiliates, and (ii) the “Service” shall mean the content and services provided by Grubhub and its contractors and representatives in connection with food ordering and delivery via Groupon.
Grubhub is not a restaurant or food preparation entity. The restaurants available to order from operate independently and have entered into agreements with Grubhub to provide the food and delivery services available to you through Groupon. The restaurants are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure; Grubhub is not responsible for the restaurants' food preparation or safety and does not verify any restaurant's compliance with applicable laws. In addition, Grubhub does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by the restaurant, including in those cases where the restaurant provides the delivery services. In addition, Grubhub does not independently verify representations made by restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors or disclosures.
Some deliveries are provided by Grubhub's network of independent delivery service providers ("DSPs"). DSPs have entered into agreements with Grubhub, which require DSPs to comply with all applicable federal, state and local laws, rules and regulations, including without limitation traffic laws, requirements of the applicable Department of Motor Vehicles, and applicable insurance requirements. Grubhub shall not be liable or responsible for any delivery services provided by DSPs or any errors or misrepresentations made by them.
You represent that any information you provide to Grubhub via Groupon is accurate, current, complete and yours. Further, you may only place an order and use the Service if you are the authorized holder of the credit card used for payment and if you are able to form a binding contract with Grubhub. In the event of your breach of this Agreement, Grubhub has the right to block your current or future use of the Service (or any portion thereof) and/or terminate this Agreement with you.
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 Service, and your parent or legal guardian must read and agree to this Agreement prior to your placing an order. Notwithstanding the foregoing, you are prohibited from using the Service if you are under the age of 13. If you are using the Service 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 organization.
The placement of an order through Groupon may require you to make certain payments. Such payments will be inclusive of applicable taxes where required by law, as well as other applicable fees and/or surcharges. When paid by you, these payments are final and non-refundable, unless otherwise determined by Grubhub. Grubhub, at its sole discretion, may offer credits or refunds on a case-by-case basis.
Grubhub will charge, and you authorize Grubhub to charge, the payment method you specify at the time of purchase. 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.
Grubhub reserves the right to establish, remove and/or revise prices, fees, and/or surcharges for any or all services or goods obtained through the use of the services at any time. Grubhub also, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on the prices, fees and/or surcharges available to you.
By voluntarily providing your cell phone number to Grubhub via Groupon, you agree that Grubhub may contact you by telephone, text (SMS), or multimedia (MMS) messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such messages may be sent using an automatic telephone dialing system. You may unsubscribe from receiving text messages from Grubhub at any time. To revoke your consent to receiving SMS or MMS messages from Grubhub, please follow the unsubscribe procedures described below.
Diners placing orders through Groupon may receive two or more messages from or on behalf of Grubhub about each order. To unsubscribe from order-related text messages, just reply to the message by texting "STOP" to the number sending the message (i.e., 30368 or 94833) using the phone number that is receiving the message. To resubscribe, text “START” to the same number. If you need assistance, text “HELP”. Groupon diners may also receive messages from or on behalf of Grubhub in response to certain Customer Care requests. To unsubscribe from Customer Care text messages, just reply to the message by texting “STOP” to the number sending the message (i.e., 312-273-6718). Please note that unsubscribing from order-related or Customer Care texts will not prevent you from receiving other texts from Grubhub, the restaurant, or your delivery person to enable successful delivery of your order.
If you unsubscribe from receiving text messages from Grubhub through the process described above, you may continue to receive text messages for a short period while Grubhub processes your request(s). If you change or deactivate the phone number you provided to Grubhub, you must update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you.
Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. If you require assistance, please call our Customer Care team at 1-877-585-7878.
GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED THROUGH THE SERVICE AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED.
IN NO EVENT SHALL GRUBHUB BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF GRUBHUB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. GRUBHUB ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH GROUPON, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO GROUPON, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL GRUBHUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO GRUBHUB OR A GRUBHUB PARTNERED RESTAURANT, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION IS ENFORCEABLE IN NEW JERSEY.
Your rights under this Agreement will terminate automatically without notice at Grubhub’s sole discretion if you fail to comply with any provision of this Agreement. Further, Grubhub reserves the right to seek all remedies available at law and in equity for violations of the Agreement. Grubhub also reserves the right to modify, suspend, or discontinue at any time, with or without notice, the Service (or any part thereof), including but not limited to any features and functional elements and related Service.
We may change this Agreement from time to time and without prior notice (such updated Agreement, the “Updated Terms”). If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be available at http://groupon.com/legal/grubhubterms . If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Service 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 Service. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
You acknowledge and agree that your use of the Service is subject to all applicable international, federal, state and local laws and regulations. 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 conflict of laws principles.
I. Arbitration and Class Action Waiver You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Service shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and Grubhub are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding . Further, unless both you and Grubhub otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.
II. Arbitration Rules The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available atwww.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425& or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
III. Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased and a separate affidavit for waiver of fees for California residents only at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTG_004304&RevisionSelectionMethod=LatestReleased .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
IV. Arbitration Location and Procedure Unless you and Grubhub otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Grubhub submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
V. Arbitrator's Decision The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. Grubhub will not seek, and hereby waives all rights Grubhub may have under applicable law to recover attorneys' fees and expenses if Grubhub prevails in arbitration.
VI. Fees Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $25,000, Grubhub will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
VII. Changes Grubhub reserves the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, 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 Service after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing Grubhub written notice of such rejection by mail or hand delivery to: Grubhub, Attn: Dispute Resolutions, 111 West Washington Street, Chicago, Illinois 60602, or by email from the email address associated with your account to: email@example.com, within 30 days of the date such change became effective, as indicated in the "Effective" date above. 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. 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).
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. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
Any waiver by Grubhub of any provision of this Agreement must be in writing. 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, except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.