Terms & Conditions

TERMS OF SERVICE 

EFFECTIVE: MARCH 25, 2022

Welcome! We are excited that you’re here. Please read these Terms of Service (the “Agreement”) carefully.

This Agreement governs your use of the Grabhub services, including Grabhub’s mobile applications, websites and APIs that are operated by Grabhub (collectively, the “Services”), and constitutes a contract between you and Grabhub Inc, a Canadian corporation (“Grabhub” “we” and “us”). This Agreement applies to all users, visitors, and anyone who accesses the Services (“user” or “you”). 

By accessing and using our Services, or by checking a box marked “I Agree” (or something similar), you agree to be bound by all the terms of this Agreement and acknowledge the collection and use of your personal information in accordance with our privacy policy. If you do not agree, do not access, or use the Services.

IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ANY CLAIMS AND DISPUTES WITH GRABHUB, INCLUDING WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE, THROUGH BINDING INDIVIDUAL ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU AND GRABHUB EACH WAIVE THE RIGHT TO A TRIAL BY JURY. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST GRABHUB ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE THE “DISPUTE RESOLUTION” SECTION BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

• ABOUT GRABHUB

Grabhub is an on-demand grocery shopping platform that facilitates the purchase of discounted food items, groceries, and other home essentials with a near expiration date or a dent on the packaging. Our eco-friendly business model allows shoppers save money by presenting them with groceries that are still safe to consume at much affordable rates and save the planet by reducing food waste. The Services present you with a set of one or more Retailer virtual storefronts nearby that offers such goods for in-store pick up. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, may be performed by third parties, which may include Retailer personnel and independent contractors, (collectively, “Third Party Providers”) who are not employed by us. You acknowledge that Grabhub does not have direct control on the performance of services provided by Third Party Providers.

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select, and we act as your agent in ordering those goods. You acknowledge that Grabhub is not a reseller, nor a retailer of the goods you purchase and not liable nor responsible for the goods sold by the Retailer. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes directly to you when they are purchased and received at the applicable Retailer’s store.

You also acknowledge and agree that, except as expressly provided for otherwise in this Agreement or a separate agreement, Grabhub does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

• YOUR USE OF THE SERVICE

To use the Services, you may need to create a user account for personal use. You agree that you are responsible for all conduct and transactions that take place on your account and that you will take precautions to keep your password, third party login and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including our personnel, and representatives who support Grabhub’s Help Center. If you are using Grabhub Services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind them. Grabhub reserves the right to terminate accounts if you provide any information that is untrue, inaccurate, or incomplete and/or cancel orders at any time if we believe that you have breached this 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 Service, and your parent or legal guardian must read and agree to this Agreement on your behalf prior to your using the Platform. Notwithstanding the foregoing, you are not authorized to use the Services if you are under the age of 16. You are responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify Grabhub of any known or suspected unauthorized use(s) of your 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. Grabhub will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.

• PAYMENTS AND CREDIT CARD 

Using the Service to place orders may require you to make certain payments, including commissions or other fees. When paid by you, these payments are final and non-refundable, unless otherwise determined by Grabhub. It is within our sole discretion to offer credits or refunds on a case-by-case basis including, for example, an error with your order or in the amounts you were charged. If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests. You hereby authorize Grabhub to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, and we 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. Grabhub reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained using the Services at any time. 

Grabhub may from time to time offer users trial or other promotional memberships. Such trial or promotional memberships are subject to this Agreement except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Occasionally there may be information on the Services with typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Grabhub reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount due. We reserve the right to charge you the final price after checkout, including without limitation all applicable transaction taxes. 

• END USER LICENCE AND RESTRICTION OF USE

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for the intended purposes and duration of use. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Grabhub’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Grabhub provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services. Some portions of software in the Services may be governed by open-source licenses. In that case, Grabhub will make such licenses available to you and, should there be a conflict between such a license and this Agreement, the open-source license will control but only with respect to the portion of the software which it applies.

You have the option of accessing the Services through downloadable software and this software may periodically update itself automatically on your device. To use any of our mobile Applications, you need a mobile device that is compatible with it. Grabhub does not warrant that any of our software will be compatible with your mobile device. You may incur significant charges from your wireless provider if you use mobile data in connection with the mobile Applications. You agree that you are solely responsible for any such charges. We’re constantly modifying and improving the Services and you acknowledge that we may introduce new features, change existing features, or remove features from the Services at any time without notice, issue upgraded versions and you consent to it. 

Nothing contained in this Agreement should be interpreted as granting to you any license or right to use any of the Services and third-party proprietary contents (other than as provided herein) without our express written permission or that of the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Grabhub. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void.

• GRABHUB COMMUNICATIONS

When you use our Services, you consent to receive  and accept communications from Grabhub or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided. You understand and agree that you may receive communications generated by automatic telephone dialing systems sent by or on behalf of Grabhub, its affiliated companies and/or Third-Party Providers. Standard message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings or by clicking the “unsubscribe” link in the communication. You may also opt-out of receiving text messages from Grabhub by replying “STOP” to the number sending the message.

• USER CONTENT AND CONDUCT

User conduct. By accessing the Platform or the Services, you agree:

• to comply with the terms of 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;
• not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Services;
• 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 Grabhub finds objectionable to any of our employees, contractors, or agents engaged in providing the Services;
• not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming by e-mail, 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 on our Services;

Your Content. Some parts of the Services may allow you to upload or submit content such as text, images, video, lists, links, and other similar materials. You warrant that you are the owner and are solely responsible for all and any content that you upload or submit. You agree that your content will not be unlawful; false or misleading; infringe any Intellectual properties of any person; contain confidential information; or have a commercial, political, or religious purpose. You grant Grabhub a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. We may exercise our sole discretion to remove or take down any content that you upload or submit to the Services for any reason, including violation of this Agreement or any other policies.

Third-Party Content and Products. You understand and agree that you may be exposed to third-party content that may be inaccurate or objectionable. Grabhub does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, and we do not assume responsibility for your interactions with any third-Party Provider (including a Retailer). If you purchase, use, or access any such content, through the Services, you agree that you do so at your own risk and that Grabhub will have no liability based on such engagement. Grabhub reserves the right to discontinue links to any third-Party content at any time and for any reason, without notice.

• DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRABHUB DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, GRABHUB MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GRABHUB DOES NOT GUARANTEE THE QUALITY, FITNESS, CONDUCT, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU, REMAINS SOLELY WITH YOU AND THAT GRUBHUG IS NOT LIABLE FOR ANY CLAIM OR INJURY ARISING IN CONNECTION WITH THEIR ACTS OR OMMISSIONS. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.

GRABHUB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GRABHUB'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GRABHUB IS NOT RESPONSIBLE FOR ANY DELAYS, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. GRABHUB DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT GRABHUB WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC LOSS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.

If you have a dispute with one or more Third Party Providers, you agree to release Grabhub and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

 

• LIMITATION OF LIABILITY

IN NO EVENT SHALL GRABHUB (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, CONTRACT, TORT, EVEN IF GRABHUB OR GRABHUB’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GRABHUB (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, PAIN AND SUFFERING, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF GRABHUB OR GRABHUB’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GRABHUB, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO GRABHUB DURING THE PAST 12 MONTHS IN CONNECTION WITH THE SERVICES. FOR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.

YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND FACTORED INTO THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND GRABHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SERVICES, WHICH YOU MAY DO AT ANY TIME.

• INDEMNIFICATION

You agree to defend, indemnify and hold harmless Grabhub and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach of this Agreement, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.

• DISPUTES & ARBITRATION

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM GRABHUB AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS.

This Section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Grabhub that arises out of or relates to: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) any transactions through the Services, including any goods or services purchased or sold through, by, or using the Services; (c) access to or use of the Services, including receipt of any advertising or marketing communications; or (d) any other aspect of your relationship or transactions with Grabhub as a consumer. Any such dispute shall be submitted exclusively to binding arbitration.

Informal Dispute Resolution Procedure: For any dispute that arises, before initiating proceedings against Grabhub, both parties agree that they will first make a good faith effort to resolve any such dispute amicably. This might include an informal telephonic dispute resolution conference between you and Grabhub if such a conference is requested by Grabhub. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding.

Mutual Arbitration Agreement: This Arbitration Agreement shall apply, without limitation, to all claims that arose before the Effective Date of the Agreement or anytime thereafter. If amicable settlement of any dispute between you and Grabhub fails, you agree to resolve it through binding arbitration, rather than in court. Notwithstanding this mandatory arbitration provision, each party retain the right to (a) assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.

For California residents, the arbitration shall be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules (the “ADR Services Rules”) in effect at the time the arbitration demand is made. In the event of any conflict between the ADR Services Rules and this Arbitration Agreement, this Arbitration Agreement shall apply.

Trial by Jury Waiver: ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND GRABHUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Class Action and Collective Relief Waiver:  BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND GRABHUB ARE EACH WAIVING THE RIGHT TO BRING, JOIN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE THAT, UNLESS YOU AND GRABHUB OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT ANYONE WHO IS NOT A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION.

Arbitrator's Decision: At the end of the proceedings, the arbitrator will render an award within the time frame specified in the applicable Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. 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 consistent with the terms of the "Limitation of Liability" section above and to the extent available under applicable law. The arbitrator’s 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.

How to Opt-out of Mandatory Arbitration: You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting this Agreement by emailing Grabhub at social@grabhub.io with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement including the provisions regarding controlling law or in which courts any disputes must be brought.

• COPYRIGHT AND TRADEMARK POLICY

Grabhub respects the intellectual property of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our platform in a way that constitutes copyright infringement, please contact us with necessary information required by the Digital Millennium Copyright Act or other relevant laws. Grabhub will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Grabhub’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights. 

Please send your notification to the address in the Contact us section. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means to identify the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

In similar manner, if you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Grabhub's using the contact us information. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s). 

• TERMINATION

Your rights under this Agreement will terminate automatically without notice if you breach any term of this Agreement. It is within your discretion to stop using the Services at any time and without notice to us. Similarly, Grabhub may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, all sections of this Agreement except for section 11 shall continue to apply to you. 

• GOVERNING LAW

To the extent permitted by applicable law, the Agreement will be governed by the laws of the Province of Ontario for residents of Canada, without respect to its conflicts of laws principles, except the Arbitration Agreement which would be governed by the Federal Arbitration Act. Any claims arising out of or relating to the Agreement or use of the Services that are not subject to the Arbitration Section of this Agreement shall be brought exclusively in the courts of competent jurisdiction in the City of Toronto and you consent to the personal jurisdiction of those courts.

• CHANGES TO THE TERMS

We may make changes to this Agreement from time to time and without prior notice to you. When we do so, we will post the most current version of the Agreement under the Terms of Service and becomes effective on the day posted.  If a revision to the Terms is material, Grabhub will notify you of the new Terms (for example, by email or a notification on the Services). If you do not agree to the modified terms, you should discontinue your use of the Services. Changes to this Agreement will not apply retroactively. 

• ENTIRE AGREEMENT AND SEVERABILITY

This Agreement, together with any amendments and any additional agreements you may enter into with Grabhub in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and Grabhub. Except as otherwise provided in this Agreement if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, then that portion shall be deemed to be severable. The remainder of this Agreement shall remain in full force and effect.

• NO WAIVER

Any waiver by Grabhub of any term of this Agreement must be in writing. Grabhub’s failure to monitor or enforce a provision of this Agreement does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or this Agreement as a whole.

1. CONTACT INFORMATION

If you have any questions, or comments about this Agreement please contact Grabhub at: info@grabhub.io or send a mail to:

Grabhub Inc.

Attention: Privacy Team

56 Scarbell dr Scarborough

M1C5G8, ON.

Canada

For customer service inquiries, please visit Grabhub’s Help Center. Please note that email communications may not be secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.