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Consumer Terms and Conditions




Effective: May 16, 2024




PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS
AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A
LEGAL AGREEMENT BETWEEN YOU AND DOORDASH, AS DEFINED BELOW.




SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING
IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU
AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY
CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT.
IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL
REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, WITH LIMITED
EXCEPTIONS (FOR EXAMPLE, NEW ZEALAND CONSUMERS ARE GOVERNED BY SECTION 14(c)(iv)
OF THIS AGREEMENT, AND UNITED STATES CONSUMERS DO NOT NEED TO ARBITRATE
INDIVIDUAL CLAIMS OF SEXUAL HARASSMENT OR SEXUAL ASSAULT IN CONNECTION WITH
THEIR USE OF THE SERVICES). UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AND
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) YOU WILL ONLY BE PERMITTED TO
PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING
(EXCEPT, FOR AUSTRALIA CONSUMERS AND UNITED STATES CONSUMERS, AS SET FORTH IN
SECTION 14(f)); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF
LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD
AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.




IN ADDITION: 

 * SECTION 4 OF THIS AGREEMENT REQUIRES YOU TO CONSENT TO OUR PRIVACY POLICY.
 * SECTION 8 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO OUR USE OF
   CERTAIN USER CONTENT.
 * SECTION 13 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO DASHPASS.
 * SECTION 20 OF THIS AGREEMENT CONTAINS PROVISIONS WHICH LIMIT OUR LIABILITY TO
   YOU.

1. Application of this Agreement




This Agreement governs your use of the Technology and Services (each as defined
below) and is between you and DoorDash. “DoorDash,” “we,” “us,” and “our” mean
DoorDash, Inc., a Delaware corporation, and its subsidiaries and affiliated
companies, including, without limitation, the entities listed in the remainder
of this paragraph. With respect to United States Orders (as defined below),
these Terms and Conditions constitute a legal agreement between you and
DoorDash, Inc. and/or its subsidiaries and affiliated companies, including
DoorDash G&C, LLC (depending on the Merchant, as defined below). With respect to
Australia Orders (as defined below), these Terms and Conditions constitute a
legal agreement between you and DoorDash Technologies Australia Pty Ltd ACN 634
446 030 and/or its subsidiaries and affiliated companies. With respect to Canada
Orders (as defined below), these Terms and Conditions constitute a legal
agreement between you and DoorDash Technologies Canada, Inc. and/or its
subsidiaries and affiliated companies. With respect to New Zealand Orders (as
defined below), these Terms and Conditions constitute a legal agreement between
you and DoorDash Technologies New Zealand NZCN 8252064, a New Zealand company,
and/or its subsidiaries and affiliated companies. With respect to Puerto Rico
Orders (as defined below), these Terms and Conditions constitute a legal
agreement between you and DoorDash Technologies Puerto Rico, LLC and/or its
subsidiaries and affiliated companies.




Certain provisions of this Agreement apply based on the country of your primary
residence or the country in which you have selected a delivery or pickup
address, and such provisions are designated as such using one or more of the
following definitions:




 * “Australia Consumer” means your primary residence is in Australia.
 * “Australia Order” means you have selected a delivery or pickup address in
   Australia.
 * “Canada Consumer” means your primary residence is in Canada.
 * “Canada Order” means you have selected a delivery or pickup address in
   Canada.
 * “New Zealand Consumer” means your primary residence is in New Zealand.
 * “New Zealand Order” means you have selected a delivery or pickup address in
   New Zealand.
 * “Puerto Rico Order” means you have selected a delivery or pickup address in
   Puerto Rico, a United States territory.
 * “United States Consumer” means your primary residence is in the United
   States, including Puerto Rico, a United States territory.
 * “United States Order” means you have selected a delivery or pickup address in
   the United States, including Puerto Rico, a United States territory (except
   as otherwise noted).

2. Acceptance of this Agreement




DoorDash uses its online marketplace platform to connect you and other consumers
with restaurants and other businesses (“Merchants”) and independent third-party
contractors who provide delivery and/or other services (“Contractors”).
DoorDash’s Technology permits consumers to place orders for food and/or other
goods from Merchants, either for delivery or pickup, and/or request services
from Merchants. If a delivery order is made, DoorDash uses the Technology to
notify Contractors (or, for certain orders, Merchants) that a delivery
opportunity is available and to facilitate completion of the delivery to the
consumer. If a pickup order is made, DoorDash uses the Technology to communicate
with the consumer regarding the availability of the order for pickup. DoorDash
is not a merchant, retailer, restaurant, grocer, delivery service, or food
preparation business (except as otherwise specified in Section 6 below).




If you access any of our websites located at https://www.doordash.com/ and
https://trycaviar.com, install or use the DoorDash or Caviar mobile application,
install or use any other technology supplied by DoorDash (collectively, the
“Technology”), access or use any information, function, feature, or service made
available or enabled by DoorDash (collectively, the “Services,” which includes
the Technology), click or tap a button or take similar action to signify your
affirmative acceptance of this Agreement, or complete the DoorDash account
registration process, you, your heirs, assigns, and successors (collectively,
“you” or “your”) hereby represent and warrant that: (a) you have read,
understand, and agree to be bound by this Agreement and any future amendments
and additions to this Agreement as published from time to time at
https://www.doordash.com/terms/ or through the Technology; (b) you are of legal
age in the jurisdiction in which you reside to form a binding contract with
DoorDash; and (c) you have the authority to enter into the Agreement personally
and, if applicable, on behalf of any organization for whom you have created an
account or been named as the User during the DoorDash account registration
process and to bind such organization to the Agreement.




The specific Services available to you may vary based on the delivery or pickup
address that you have selected. A certain function, feature, or Service (y)
available to one User may not be available to all Users or at all times, and (z)
may only be available in the latest version of the DoorDash or Caviar mobile
application. “User” means any individual or other person who accesses or uses
the Services, including, without limitation, any organization that registers an
account or otherwise accesses or uses the Services through its respective
employees, agents, or representatives. Except as otherwise provided in this
Agreement, if you do not agree to be bound by the Agreement, you may not access
or use the Services.




3. Modifications




Subject to Section 14(k) of this Agreement, DoorDash reserves the right to
modify the terms and conditions of this Agreement or its policies relating to
the Technology or Services at any time, effective upon posting an updated
version of this Agreement at https://www.doordash.com/terms/ or through the
Technology. If we make any material changes to this Agreement, we will notify
you by email at the email address that you have provided to us or by another
means. You should regularly review this Agreement, as your continued use of the
Services after any such changes constitutes your agreement to such changes. If
you do not agree to this Agreement or any modifications to this Agreement, you
should immediately cease using the Technology and Services.




4. Additional Terms and Policies




By using the Services, you agree to be bound by this Agreement and acknowledge
and agree to the collection, use, and disclosure of your personal information in
accordance with DoorDash’s Privacy Policy, which is incorporated in this
Agreement by reference. You also agree to abide by any additional DoorDash terms
or policies for Users that are published on our website or mobile application,
whether or not such terms or policies are directly referenced or linked
elsewhere in this Agreement. Certain features of our Services may be subject to
additional terms and conditions, which, to the extent permitted by applicable
law, are incorporated herein by reference.




5. Rules and Prohibitions




Without limiting other rules and prohibitions in this Agreement, by using the
Services, you agree that:




(a) You will only use the Services for lawful purposes and you will not use or
attempt to use the Services for sending or storing any unlawful material or for
deceptive or fraudulent purposes.




(b) You will only use the Services in accordance with all applicable laws,
including copyrights, trade secrets, other intellectual property rights, or
other rights of any third party, including privacy, personality, or publicity
rights.




(c) You will only use or access the Services using means explicitly authorized
by DoorDash. If applicable, it is your responsibility to ensure you download the
correct Technology for your device. We are not liable if you do not have a
compatible device or if you have downloaded the wrong version of the Technology
for your device. We reserve the right to terminate your use of the Technology
and/or Services if you are using the Technology or Services with an incompatible
or unauthorized device.




(d) You will not use or attempt to use another User’s account, impersonate any
person or entity, or forge or manipulate headers or identifiers to disguise the
origin of any content transmitted through the Services.




(e) You will not use or attempt to use the Services to cause nuisance,
annoyance, or inconvenience.




(f) You will not use or attempt to use the Services, or any content accessible
through the Services, for any commercial purpose, including but not limited to
contacting, advertising to, soliciting, or selling to any Merchant, User, or
Contractor, unless DoorDash has given you prior permission to do so in writing.




(g) You will not copy or distribute, or attempt to copy or distribute, the
Technology or any content displayed through the Services, including any reviews
or Merchants’ menu content or catalogs, for republication in any format or
media.




(h) You will not directly or indirectly create or compile, or attempt to create
or compile, any content or collection, compilation, or other directory from any
content displayed through the Services except for your personal, noncommercial
use.




(i) The information you provide to us when you register an account or otherwise
communicate with us is accurate, you will promptly notify us of any changes to
such information, and you will provide us with whatever proof of identity we may
reasonably request.




(j) You will keep secure and confidential your account password and any other
login or identification credentials you use to access the Services.




(k) You will use the Technology and Services only for your own use and will not
directly or indirectly resell, license, or transfer the Technology, Services, or
content displayed through the Services to a third party.




(l) You will not use or attempt to use the Services in any way that could
damage, disable, overburden, or impair any DoorDash server or the networks
connected to any DoorDash server.




(m) You will not attempt to gain unauthorized access to any part of the
Technology or the Services and/or to any account, resource, computer system,
and/or network connected to any DoorDash server.




(n) You will not probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures DoorDash may use
to prevent or restrict access to the Services or use of the Services or the
content therein, and you will not attempt any of the foregoing.




(o) You will not deep-link to our websites or access our websites manually or
with any robot, spider, web crawler, extraction software, automated process,
and/or device to scrape, copy, index, frame, or monitor any portion of our
websites or any content on our websites, and you will not attempt any of the
foregoing.




(p) You will not scrape or otherwise conduct any systematic retrieval of data or
other content from the Services, and you will not attempt any of the foregoing.




(q) You will not engage in conduct that harms, attempts to harm, or threatens
the safety of other Users, Merchants, Contractors, DoorDash, DoorDash employees,
or our community in any way whatsoever, and you will take reasonable steps to
prevent the foregoing.




(r) You will not engage in threatening, harassing, racist, or sexist behavior or
any other behavior that DoorDash deems inappropriate when using the Services.




(s) You will report any errors, bugs, unauthorized access methodologies, or any
breach of our intellectual property rights that you uncover in your use of the
Services.




(t) You will not abuse or attempt to abuse our promotional or credit code
system, including by redeeming multiple coupons at once or by opening multiple
accounts to benefit from offers available only to first-time Users.




(u) Your participation in using the Services is for your sole, personal, or
internal business use.




(v) You will not falsely or fraudulently claim that your order or items from
your order were missing, incorrect, of poor quality, defective, or never
delivered and you will return any order mistakenly delivered to you if requested
by DoorDash, a Merchant, or a Contractor.




(w) You will not, in connection with your use of the Services and/or the
DoorDash platform: (i) ask a Contractor to purchase or deliver any goods or
perform any services not ordered through the DoorDash platform; or (ii) give or
offer to give any goods to a Contractor related to your DoorDash order.




In the event that we believe or determine that you have breached any of the
aforementioned or any other provision of these Terms, we reserve the right to
suspend and/or permanently deactivate your account at our sole discretion. Where
required by law, which may include in the Province of Québec, we will provide
you with written notice of the suspension or deactivation of your account,
including the reasons which led us to take such action.




6. Contractors and Merchants Are Independent




(a) You understand and agree that DoorDash provides the Services to connect you
with independent Merchants that provide the products and services offered
through the Services, and independent third-party Contractors who provide
delivery and other services. You acknowledge and agree that DoorDash is not a
merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or
food preparation business, and has no responsibility or liability for the acts
or omissions of any Merchant or any Contractor. Merchants are the retailers of
the products or services offered through the Services. DoorDash is not in the
delivery business, does not provide delivery services, and is not a common
carrier. DoorDash provides the Services to facilitate the transmission of orders
by Users to Merchants, including orders for pickup or delivery by Contractors
and/or Merchants. Any delivery, pickup, or preparation times displayed through
the Services are purely estimates and do not represent a promise, commitment, or
guarantee by DoorDash. DoorDash will not assess or guarantee the suitability,
legality, or ability of any Contractor or Merchant. You agree that DoorDash is
not responsible for Merchants’ food preparation or product offerings, food or
product handling, or the safety of the food or other products, or whether the
photographs, images, menu or product listings, catalog, item descriptions, or
other menu, product, or catalog information (including nutrition, ingredient,
and/or allergen information) displayed through the Services accurately reflect
the goods and services sold by Merchants and/or delivered by the Contractor
and/or Merchant, and does not verify Merchants’ compliance with applicable laws
or regulations. You also acknowledge and agree that menu, product, or catalog
listings, descriptions, or other information (including photographs or images or
nutrition, ingredient, and/or allergen information) displayed through the
Services may not have been provided directly by the Merchant. DoorDash has no
responsibility or liability for acts or omissions by any Merchant or Contractor.
You agree that the goods that you purchase will be prepared by the Merchant you
have selected, that title to the goods passes from the Merchant to you at the
Merchant’s location, and that, for delivery orders, the Contractor and/or
Merchant will be directed by your instructions to transport the products to your
designated delivery location. You agree that neither the Contractor nor DoorDash
holds title to or acquires any ownership interest in any goods that you order
through the Services. You must not do anything which seeks to create an
encumbrance, lien, charge, or other interest in or over the goods that you order
until title has passed to you.




(b) Notwithstanding Section 6(a):




(i) United States Orders. For United States Orders placed through the Services
with DoorDash Essentials, LLC (dba DashMart or other brands), DoorDash
Essentials, LLC is the Merchant and is therefore the retailer of the goods sold.
DoorDash Essentials, LLC is a subsidiary of DoorDash, Inc. and is a Merchant
listed on the Services.




(ii) Canada Orders. For Canada Orders placed through the Services with Rapid
Retail Canada, Inc. (dba DashMart or other brands), Rapid Retail Canada, Inc. is
the Merchant and is therefore the retailer of the goods sold. Rapid Retail
Canada, Inc. is an affiliate of DoorDash Technologies Canada, Inc. and is a
Merchant listed on the Services.




(iii) Australia Orders. For Australia Orders placed through the Services with
DoorDash Essentials Australia Pty Ltd ACN 647 941 053 trading as DashMart,
DashMart is the Merchant and is therefore the retailer of the goods sold.
DashMart is an affiliate of DoorDash Technologies Australia Pty Ltd ACN 634 446
030 and is a Merchant listed on the Services.




7. User Account




You may be required to register for an account to use parts of the Services. You
must provide accurate, current, and complete information during the registration
process and at all other times when you use the Services, and to update the
information to keep it accurate, current, and complete. You are the sole
authorized User of any account you create through the Services. You are solely
and fully responsible for all activities that occur under your password or
account. You agree that you shall monitor your account to prevent use by minors,
and you will accept full responsibility for any unauthorized use of your
password or your account. You may not authorize others to use your User account,
and you may not assign or otherwise transfer your User account to any other
person or entity. Should you suspect that any unauthorized party may be using
your password or account, you will notify DoorDash immediately. DoorDash will
not be liable, and you may be liable, for losses, damages, liability, expenses,
and fees incurred by DoorDash or a third party arising from someone else using
your account; however, if you are a Canada Consumer who resides in the Province
of Québec, the foregoing does not limit DoorDash’s liability for the
consequences of its own acts or the acts of its representatives. If you provide
any information that is untrue, inaccurate, not current, or incomplete, or if
DoorDash has reasonable grounds to suspect that such information is untrue,
inaccurate, not current, or incomplete, DoorDash has the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof). We may enable or require you to use a single
set of login credentials to use the DoorDash and/or Caviar services. You agree
not to create an account or use the Services if you have been previously removed
from the DoorDash platform by DoorDash or if you have been previously banned
from use of the Services.




8. User Content




(a) User Content. DoorDash may provide you with interactive opportunities
through the Services, including, by way of example, the ability to post or
otherwise provide to DoorDash Ratings and Reviews (each as defined below),
Feedback (as defined below), or other text, photos, images, or audio and video
content (collectively, “User Content”). You represent and warrant that you are
the owner of, or otherwise have the right to provide, all User Content that you
submit, post, and/or otherwise transmit through the Services. You further
represent and warrant that any User Content submitted, posted, and/or otherwise
transmitted through the Services by you or someone on your behalf or through
your User account does not (i) violate any third-party right, including any
copyright, trademark, patent, trade secret, privacy right, right of publicity,
or any other intellectual property or proprietary right; (ii) contain material
that is false, intentionally misleading, deceptive, defamatory, offensive,
abusive, or pornographic, including material that racially or religiously
vilifies, incites violence or hatred, or is likely to insult or humiliate others
based on race, religion, ethnicity, gender, age, sexual orientation, or any
physical or mental disability; (iii) contain sexually explicit or violent
content or photos, images, or videos of weapons, illegal drugs, or hate symbols;
(iv) contain any material that is unlawful or relates to unlawful conduct
(including phishing and spoofing); (v) create a privacy or security risk to any
person, including by soliciting personal information from any person, or contain
any confidential, sensitive, private, or personally identifiable information;
(vi) solicit money from any person; (vii) contain financial, legal, medical, or
other professional advice; (viii) harm, abuse, harass, stalk, threaten, or
otherwise offend; (ix) reflect negatively on DoorDash, including DoorDash’s
goodwill, name, and reputation; (x) tamper with, hinder the operation of, or
make unauthorized modifications to our websites or Technology; (xi) otherwise
result in civil or criminal liability for you, DoorDash, or any third party;
(xii) violate any law or regulation; or (xiii) violate this Agreement or any
community or content guidelines that DoorDash may publish from time to time
(including but not limited to the DoorDash Review and Photo Guidelines). You
hereby grant DoorDash (including DoorDash’s service providers) a perpetual,
irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide,
fully sublicensable right and license to use, copy, display, publish, modify,
remove, publicly perform, translate, create derivative works from, distribute,
and/or otherwise use the User Content in connection with DoorDash’s business and
in all forms now known or hereafter invented (collectively, “Uses”), without
notification to and/or approval by you. You further grant DoorDash a license to
use your username, first name and last initial, profile photo (if available),
and/or other User profile information, including, without limitation, your
ratings history, to attribute User Content to you in connection with such Uses,
without notification to or approval by you. You acknowledge, however, that
DoorDash has no obligation to attribute any User Content to you in connection
with any Use. You agree that this license includes the right for other Users to
access and use your User Content in conjunction with participation in the
Services and as permitted through the functionality of the Services. In the
interest of clarity, the license granted to DoorDash herein shall survive
termination of the Services or your account. DoorDash reserves the right in its
sole discretion to remove or disable access to any User Content from the
Services, suspend or terminate your account at any time, or pursue any other
remedy or relief available under equity or law if you post any User Content that
violates this Agreement or any community or content guidelines we may publish or
that we consider to be objectionable for any reason. You agree that DoorDash may
monitor and/or delete your User Content (but does not assume the obligation to
do so) or may decide to not publish, display, or otherwise make available your
User Content for any reason at DoorDash’s sole discretion. DoorDash may also
access, read, preserve, and disclose any information as DoorDash reasonably
believes is necessary to satisfy any applicable law, regulation, legal process,
or governmental request; enforce this Agreement, including investigation of
potential violations hereof; detect, prevent, or otherwise address fraud,
security, or technical issues; respond to User, Contractor, or Merchant support
requests; or protect the rights, property, or safety of DoorDash, our Users, and
the public.




(b) Feedback. You agree that any submission of any ideas, suggestions, and/or
proposals to DoorDash through its suggestion, feedback, wiki, forum, or similar
pages (“Feedback,” which is considered User Content) is at your own risk and
that DoorDash has no obligations (including, without limitation, obligations of
confidentiality) with respect to such Feedback. You represent and warrant that
you have all rights necessary to submit the Feedback and you hereby grant to
DoorDash (including DoorDash’s service providers) a perpetual, irrevocable,
transferable, fully paid, royalty-free, non-exclusive, worldwide, fully
sublicensable right and license to use, copy, display, publish, modify, remove,
publicly perform, translate, create derivative works from, distribute, and/or
otherwise use such Feedback.




(c) Ratings and Reviews. To the extent that you rate or post reviews of
Merchants or other businesses, which may include but is not limited to text,
photos, images, audio, or videos that you provide (“Ratings” and “Reviews”),
such Ratings and Reviews are considered User Content and are governed by this
Agreement. Ratings and Reviews are not endorsed by DoorDash and do not represent
the views of DoorDash or its affiliates. DoorDash shall have no liability for
Ratings and Reviews or for any claims of economic loss resulting from such
Ratings and Reviews. Because we strive to maintain a high level of integrity
with respect to Ratings and Reviews posted or otherwise made available through
the Services, you acknowledge and agree that: (i) you will base any Rating or
Review on first-hand experience with the Merchant or business; (ii) you will not
provide a Rating or Review for any Merchant or business for which you have an
ownership interest, employment relationship, or other affiliation or for any
competitor of such a Merchant or business; (iii) you will not submit a Rating or
Review in exchange for payment, free food items, or other benefits from a
Merchant or business; (iv) for United States Orders, any Rating or Review you
submit will comply with the Federal Trade Commission’s Guides Concerning the Use
of Endorsements and Testimonials in Advertising; (v) for Canada Orders, any
Rating or Review you submit will comply with the Competition Bureau’s
Enforcement Guidelines and Advertising Standards Canada's Interpretation
Guideline for Testimonials, Endorsements and Reviews; (vi) your Rating or Review
will comply with the terms of this Agreement; (vii) we may decide to not
publish, display, or otherwise make available your Rating or Review for any
reason in our sole discretion; (viii) any Rating or Review you submit will
comply with our Review and Photo Guidelines; (ix) a Rating, Review, or photo
displayed in connection with a restaurant may reflect an in-person dining
experience; and (x) a Rating, Review, or photo may not have originally been
submitted on the DoorDash platform and/or may not have been submitted by a
DoorDash customer. If we determine, in our sole discretion, that any Rating or
Review could diminish the integrity of the Ratings and Reviews or otherwise
violates this Agreement, we may remove such Rating or Review without notice and
take any additional action, in DoorDash’s sole discretion, as we deem necessary
or appropriate.




9. Communications with DoorDash




By creating a DoorDash account or using the Technology or Services, you agree
to: (a) accept and receive communications from or on behalf of DoorDash,
Contractors, Merchants, partners, and/or third parties providing services to you
or DoorDash, including via email, text message, direct message, chat, and calls,
to the contact information you provide to DoorDash when registering an account
or using the Technology or Services; and (b) receive communications via push
notification or in-app messages in the DoorDash or Caviar mobile application.
Further, you understand and agree that you may receive communications (e.g.,
calls, text messages, etc.) that are generated by an automatic telephone dialing
system, and/or which will deliver prerecorded or automated messages, sent by or
on behalf of DoorDash and Merchants (e.g., Merchants facilitating the delivery
of your order), including but not limited to communications concerning orders
you place through your account on the Services. For clarification, you
acknowledge and agree that you will receive communications from Contractors who
are facilitating your receipt of the benefit of the Services (including
multimedia messaging service (“MMS”) messages to confirm the delivery of your
order). Message and data rates may apply and message frequency may vary. The
communications in this Section 9 may include, without limitation, commercial or
marketing messages, transactional or relationship messages (e.g., messages about
the availability of our services (e.g., interruptions in service), security
and/or fraud (e.g., password reset messages), safety, responses to
communications initiated by you, updates to policies/legal agreements (e.g.,
privacy policies, terms of service)), newsletters, and messages relating to
research, political advocacy, or customer support (those initiated by you and by
us). You acknowledge that receiving commercial or marketing messages or calls is
not a requirement or condition for you to use the Services. For purposes of
clarity, any message (including text message) or call you may receive from us, a
Merchant, or a Contractor regarding an order is a transactional message, not a
commercial, marketing, or promotional message or call. If there are changes to
your contact information (e.g., email address, phone number), you agree to
update your account to help prevent or limit DoorDash inadvertently
communicating with someone else.




The opt-out options for communications are set out below. If you opt out of
receiving communications via one channel, that opt out will only apply to the
specific channel for which the opt out is submitted (e.g., if you opt out of
receiving email communications, it will not apply to any other channels through
which communications can be sent). Please see the following for more
information:




 * For email communications that permit opting out (e.g., commercial/marketing
   messages), there is an opt-out mechanism in the messages. For transactional
   or relationship email messages, the only opt-out option is to delete your
   account.
 * Notwithstanding any provision in this Agreement to the contrary, DoorDash
   does not send commercial or marketing text messages to Users. To opt out of
   receiving transactional or relationship text messages (e.g., order updates),
   you can: (x) toggle or slide off this type of message in your account
   settings; (y) reply “STOP” to a text message you receive; or (z) send “STOP”
   to 87424 to opt out of all text messages from DoorDash. For MMS messages sent
   by Contractors to confirm the delivery of your order, you cannot opt out of
   receiving these messages unless you stop using the Services and delete your
   account.
 * For phone calls, you can submit a request to be added to DoorDash’s internal
   do not call list by making the request during the call or contacting DoorDash
   Support at (855) 431-0459.
 * For push notifications, you can toggle or slide off these notifications in
   the mobile application.
 * To opt out of all communications, the only option is to delete your account. 

Review the DoorDash Privacy Policy for more information about DoorDash’s privacy
practices, contact information, and opt-out options.




You authorize your wireless carrier to use or disclose information about your
account and your wireless device, if available, to DoorDash or its service
provider for the duration of your business relationship, solely to help them
identify you or your wireless device and to prevent fraud. See our Privacy
Policy for how we treat your data.




10. Electronic Records




By creating a DoorDash account or using the Technology or Services, you consent
to the use of electronic records. You also agree that all terms and conditions,
agreements, notices, disclosures, and other communications that DoorDash
provides to you electronically satisfy any legal requirement for such
communications to be in writing. You agree to keep your contact information,
including email address, current. This paragraph does not affect your statutory
rights.




To view and retain a copy of this Agreement, you will need (a) a device (such as
a computer or mobile phone) with a web browser and Internet access, and (b)
either a printer or storage space on such device.




11. Intellectual Property Ownership




DoorDash alone (and its licensors, where applicable) shall own all right, title,
and interest, including all related intellectual property rights, in and to the
Technology and the Services. This Agreement is not a sale and does not convey to
you any rights of ownership in or related to the Technology or the Services, or
any intellectual property rights owned by DoorDash. DoorDash names, DoorDash
logos, and the product names associated with the Technology and Services are
trademarks of DoorDash or third parties, and no right or license is granted to
use them. You agree that you will not remove, alter, or obscure any copyright,
trademark, service mark, or other proprietary rights notices incorporated in or
accompanying the Technology or the Services.




12. Payment Terms




(a) Prices and Charges. You understand that: (i) the prices for menu or other
items displayed through the Services may differ from the prices offered or
published by Merchants for the same menu or other items and/or from prices
available at third-party websites and that such prices may not be the lowest
prices at which the menu or other items are sold and may change at any time
without notice; (ii) DoorDash has no obligation to itemize its costs, profits,
or margins when publishing such prices; and (iii) pricing may change at any
time, in the discretion of DoorDash or the Merchant (depending on which party
sets the given price). For certain transactions, the subtotals shown at checkout
are estimates that may be higher or lower depending on the final in-store
totals. In those situations, DoorDash reserves the right to temporarily
authorize or place a hold on your payment method for an amount that may be
greater than the amount shown at checkout and to charge your payment method the
final price after checkout. You are liable for all transaction taxes (other than
taxes based on DoorDash’s income), including sales tax, use tax, goods and
services tax, and other transaction taxes if applicable, on the Services
provided under this Agreement (which, for the avoidance of doubt, includes any
fees DoorDash charges for DashPass subscriptions). If transaction taxes,
including sales tax, use tax, goods and services tax, and other transaction
taxes, are applicable, DoorDash reserves the right to charge you additional
amounts on account of such taxes. For Australia and New Zealand Orders, all
dollar amounts (including any fees, charges, prices, or amounts payable or
receivable) displayed through the Services are stated on a goods and services
tax-inclusive (if any) basis, except where noted; goods and services tax will be
payable in addition to and at the same time as any amounts payable under these
Terms. In the event that the charge to your payment method may incorrectly
differ from the total amount, including subtotal, fees, and gratuity, displayed
to you at checkout and/or after gratuity is selected, DoorDash reserves the
right to make an additional charge to your payment method after the initial
charge so that the total amount charged is consistent with the total amount
displayed to you at checkout and/or after gratuity is selected. All payments
will be processed by DoorDash and/or its payments processor, using the preferred
payment method designated in your account. If your payment details change, you
or your card provider may provide us with updated payment details. We may use
these new details or details from other payment methods on file in order to help
prevent any interruption to your use of the Services. This includes our right to
charge any payment method on file if your initial form of preferred payment
fails. It is your responsibility to keep your billing information up to date.




(b) Strikethrough Pricing (United States Orders). This Section 12(b) applies to
United States Orders. DoorDash may use strikethrough pricing for certain items
(for example, when presenting a discount or promotional price for items).
DoorDash does not represent that the strikethrough price was the regular or
former price of items for any particular period of time and the time period may
vary widely depending on the items. DoorDash may also rely on Merchants or a
third party to provide information about the regular or former price of items
offered by those Merchants or a third party, and DoorDash’s strikethrough price
therefore may represent the price that DoorDash, a Merchant, or a third party
offered the item for sale for some period of time. The strikethrough price may
also be an introductory price that was offered for a short period of time.
Unless otherwise specified, the strikethrough price represents a non-member
discount to the extent the Merchant has a membership program.




(c) Refunds




(i) United States, Canada, and New Zealand Orders. This Section 12(c)(i) applies
to United States, Canada, and New Zealand Orders. Charges paid by you for
completed and delivered orders, or for orders confirmed by a Merchant, are final
and non-refundable. DoorDash has no obligation to provide refunds or credits but
may grant them gratuitously at DoorDash’s sole discretion in each case. You may
be required to provide identification information and/or a signature upon pick
up and/or receipt of certain orders, as communicated at the time you place your
order; if you fail to provide the required identification information or
signature for such an order, you agree and acknowledge that we will not honor
any claim that your order was not delivered and you may be subject to a
non-refundable Undeliverable Item Fee. For New Zealand Orders, nothing in this
Section 12(c)(i) takes away from any rights you may have under the Consumer
Guarantees Act 1993 or the Fair Trading Act 1986.




(ii) Australia Orders. This Section 12(c)(ii) applies to Australia Orders. For
orders placed with Merchants, to the extent permitted by law: (A) charges paid
by you for completed and delivered orders are final and DoorDash has no
obligation to provide refunds or credits; and (B) you may be required to provide
identification information and/or a signature upon pick up and/or receipt of
certain orders, as communicated at the time you place your order; if you fail to
provide the required identification information or signature for such an order,
you agree and acknowledge that we will not honor any claim that your order was
not delivered and you may be subject to a non-refundable Undeliverable Item Fee.
Nothing in this clause takes away from any rights you may have under the
Australian Consumer Law. The Merchant will be liable for any major or minor
problems with Merchant orders for which they are responsible, though DoorDash
may assist, at its sole discretion, with remedies such as refunds or credits.




For products sold by DoorDash Essentials Australia Pty Ltd ACN 647 941 053
trading as DashMart, DoorDash acknowledges that the Australian Consumer Law
provides consumer guarantees, warranties, and conditions for the supply of goods
and services to consumers that cannot be excluded. Nothing in this Agreement
seeks to exclude or restrict the application of any such terms. To the extent
permitted by law, DashMart's liability for any breach of consumer guarantees
under the Australian Consumer Law will be limited to the refund or crediting of
any DashMart order or part of any DashMart order for which there is a major or
minor problem. You may make a claim for a refund or credit if: (Y) you believe
that you did not receive the DashMart order that you were charged for and notify
DoorDash within a reasonable period of time; or (Z) there is a minor or major
problem with the DashMart order and you notify DoorDash within a reasonable
period of time.




In order to make a claim for a refund or credit, please follow the procedures
set out in the Technology or Services.




(d) Promotional Offers and Credits. DoorDash, at its sole discretion, may make
promotional offers with different features and different pricing to any User.
These promotional offers are subject to the terms of this Agreement and may be
valid only for certain Users as indicated in the offer. You agree that
promotional offers: (i) may only be used by the intended audience, for the
intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or
transferred in any manner, or made available to the general public, unless
expressly permitted by DoorDash; (iii) are subject to the specific terms that
DoorDash establishes for such promotional offer; (iv) cannot be redeemed for
cash or cash equivalent; and (v) are not valid for use after the date indicated
in the offer or in DoorDash’s Promotional Offers and Credits Terms and
Conditions, which is, to the extent permitted by applicable law, incorporated in
this Agreement by reference. DoorDash reserves the right to withhold or deduct
credits or benefits obtained through a promotion, or to charge additional
amounts that would have applied to the transaction had the promotion not
applied, in the event that DoorDash determines or believes on reasonable grounds
that the redemption of the promotion or receipt of the credit or benefit was in
error, fraudulent, illegal, or in violation of the applicable promotion terms or
this Agreement. Where required by law, which may include in the Province of
Québec, we will provide you with written notice of any such withholding or
deduction, including the reasons which led us to take such action. DoorDash
reserves the right to modify or cancel an offer at any time. DoorDash’s
Promotional Offers and Credits Terms and Conditions apply to all promotional
offers. You agree that we may change the Promotional Offers and Credits Terms
and Conditions at any time. DoorDash may also offer gratuitous credits, which
can be used for the Services; such credits include, without limiting the
foregoing, any credits earned through the DoorDash consumer referral program
(the “Referral Program”). The Referral Program is governed by DoorDash’s
Referral Program Terms and Conditions (the “Referral Terms”), which are
incorporated herein by reference. You agree that we may change the Referral
Terms or terminate the Referral Program at any time. Any credit issued by
DoorDash under this Section 12(d) is valid for 6 months from the date of issue
except to the extent prohibited under applicable law and may not be redeemed for
cash or cash equivalent; however, your credits may expire earlier if your
account is deactivated or deleted. Upon expiration, credits will be removed from
your account. Expired credits are no longer redeemable and cannot be used
towards any order. Credits issued to a User’s DoorDash or Caviar account may
only be used on that respective brand’s Services.




(e) Fees for Services. DoorDash may change the fees that DoorDash charges you as
we deem necessary or appropriate for our business, including but not limited to
Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, Regulatory
Response Fees, and Surge Fees. DoorDash may offer different pricing to customers
based on a variety of factors, including but not limited to geographic areas or
usage. DoorDash may also charge you additional fees as required by law. Further,
DoorDash may charge Merchants fees on orders that you place through the
Services, including commissions and other fees, and may change those Merchant
fees as we deem necessary or appropriate for our business or to comply with
applicable law. DoorDash may charge you a Service Fee for the convenience of
ordering through the DoorDash platform. None of the Service Fee, Delivery Fee,
Small Order Fee, Surge Fee, or any other fee charged to you by DoorDash is for
any right to access, install, or use any Technology.




(f) Gift Cards. Gift cards are governed by DoorDash’s Gift Card Terms and
Conditions, which are incorporated herein by reference. Except as provided
below, gift cards may be redeemable towards eligible orders placed on
www.doordash.com or in the DoorDash mobile application or, for United States
Orders only, on www.trycaviar.com or in the Caviar mobile application. But if
you have a gift card that was purchased and used before September 15, 2020 in
the United States, you must use any remaining balance of that gift card on the
service (Caviar or DoorDash) where the card was first redeemed. Gift cards are
issued by the following entities: DoorDash Giftcards LLC in the United States;
DoorDash Technologies Canada, Inc. in Canada; DoorDash Technologies Pty Ltd in
Australia; and DoorDash Technologies New Zealand in New Zealand. Gift cards are
not redeemable for cash except when required by applicable law. Once a gift card
is redeemed, the amount of the gift card is converted into credits linked to
your account, and such credits may be used towards eligible DoorDash or, if
applicable, Caviar orders. While credits from gift cards do not expire, you will
lose access to such credits if your account is deactivated or deleted. Credits
issued to a User’s DoorDash or Caviar account may only be used on that
respective brand’s Services.




(g) SNAP/EBT (United States Orders but Excluding Puerto Rico Orders). This
Section 12(g) applies to United States Orders (but excluding Puerto Rico
Orders). DoorDash permits customers in the United States (but excluding Puerto
Rico) to purchase Supplemental Nutrition Assistance Program (“SNAP”) eligible
items from select Merchants using a valid Electronic Benefits Transfer (“EBT”)
card. For any transactions involving use of your SNAP EBT funds, a credit or
debit card must also be linked to your DoorDash account to pay for any fees,
taxes, delivery tips, and any other items you purchase that are not
SNAP-eligible. You have the option to view SNAP-eligible items on the DoorDash
platform by using a “SNAP” filter. SNAP-eligible items will also have a “SNAP”
tag on their respective item details pages. By providing DoorDash with your SNAP
EBT card information, you represent and warrant that (i) you are legally
authorized to use the SNAP EBT card provided; (ii) your SNAP EBT card is current
and valid; and (iii) you authorize DoorDash to use your SNAP EBT card
information for transactions involving use of your SNAP EBT benefits. DoorDash
cannot accept EBT cash at this time.




(h) Invoice or Other Taxable Supply Information (Australia, Canada, and New
Zealand Orders). This Section 12(h) applies to Australia, Canada, and New
Zealand Orders. A tax invoice (or alternative taxable supply information if and
when permitted to be issued under Australia, Canada, or New Zealand tax law
instead of a tax invoice) for DoorDash fees will be made available by DoorDash
to you when DoorDash is legally required to do so, or otherwise at DoorDash’s
sole discretion, upon you having submitted a request for a tax invoice (or tax
information) at our Customer Support page. You agree that invoices (or
alternative taxable supply information) will only be made in electronic form. In
accordance with applicable laws, for tax invoices (or alternative taxable supply
information) for menu items, you should contact the relevant Merchant(s).




(i) Checkout Merchants. DoorDash provides certain checkout-related services to
third-party merchants outside of the DoorDash platform to facilitate the
completion of transactions with such merchants (“Checkout Merchants”). If you
are completing a transaction directly with a Checkout Merchant outside of the
DoorDash platform and we determine that you are a registered DoorDash User, we
may share certain information about you, including loyalty or rewards
information, DashPass subscription status, and/or payment card, payment method,
billing, and contact information, with the Checkout Merchant for the purpose of
facilitating the transaction. The processing of such information by the Checkout
Merchant is subject to the Checkout Merchant’s privacy policy, terms of service,
and/or other applicable terms. DoorDash is not a party to any such transaction
and DoorDash is not liable or responsible for the Checkout Merchant’s processing
of your information. Any questions or disputes regarding such transactions or
the processing of your information by the Checkout Merchant should be directed
to the Checkout Merchant or your payment provider.




13. DashPass Subscriptions




(a) General. DashPass is an automatically renewing subscription requiring
recurring payments until canceled. A DashPass subscription grants you access to
certain benefits (“DashPass Benefits”) on eligible orders placed through the
Services for eligible Merchants with a minimum subtotal (excluding taxes, fees,
and tips) as indicated through the Services. DashPass Benefits include reduced
fees for United States Orders and Canada Orders and $0 delivery fees for
Australia Orders and New Zealand Orders. For certain DoorDash orders that may
have alternative fee structures (for example, a flat DoorDash fee), DashPass
Benefits may vary. DoorDash reserves the right to change whether a Merchant is
eligible for DashPass at any time with or without notice. If you are a United
States Consumer (excluding a United States Consumer whose primary residence is
in Puerto Rico), you acknowledge that you are purchasing a DashPass subscription
exclusively from DoorDash, Inc. DashPass orders are subject to delivery driver
and geographic availability, and taxes may apply to the cost of the items you
order and/or to fees charged. You may provide an optional gratuity. Service Fees
and other fees may apply. We reserve the right to add and modify fees that may
apply to your DashPass orders. Your DashPass Benefits will extend to both
DoorDash and Caviar (if applicable) when you register for a DashPass
subscription. 




DashPass is offered for a monthly or yearly fee payable at the start of the
relevant period. By signing up for DashPass, you agree that: (i) you will be
charged your first DashPass subscription fee and any applicable taxes (such as
sales tax, use tax, goods and services tax, and other transaction taxes) on the
date you purchase your DashPass subscription or, if your subscription includes a
free trial, on the day after your free trial ends; (ii) you authorize DoorDash
and its service providers to store your payment method for the purpose of
executing future DashPass auto-renewal transactions; (iii) UNLESS YOU CANCEL, BY
DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW),
YOUR DASHPASS SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE
THEN-CURRENT SUBSCRIPTION PERIOD; and (iv) AT THE TIME OF RENEWAL, DOORDASH WILL
AUTOMATICALLY CHARGE THE THEN-CURRENT DASHPASS SUBSCRIPTION FEE AND ANY
APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If
your payment details change, your card provider may provide us with updated
payment details. We may use these new details or details from other payment
methods on file in order to help prevent any interruption to your DashPass
subscription. This includes our right to charge any payment method on file if
your initial form of preferred payment fails. It is your responsibility to keep
your billing information up to date. If any subscription fee is not paid in a
timely manner or your transaction cannot be processed, we reserve the right to
suspend, disable, cancel, or terminate your access to the Services or your
DashPass subscription. Where required by law, which may include in the Province
of Québec, we will provide you with written notice of the suspension, disabling,
cancellation, or termination of your access to the Services or your DashPass
subscription, including the reasons which led us to take such action. You will
be responsible for paying all past due amounts.




(b) Corporate DashPass Subscriptions. Notwithstanding any other provision in
these Terms, you may be eligible for a complimentary DashPass subscription when
your employer registers for a corporate DashPass subscription. If you have a
complimentary DashPass subscription through your employer, your account will
begin and end in accordance with the terms of your employer’s corporate
subscription unless your subscription is otherwise canceled. To receive the
subscription benefits, you must register using your corporate email address and
be an authorized User added by your employer, and then click or tap the
activation button. 




(c) DashPass Student Plan. DoorDash may offer DashPass student plan
subscriptions at a discounted price on either a monthly or annual basis to
qualifying individuals who meet the eligibility requirements stated at sign up,
including but not limited to current enrollment at an accredited college or
university. Individuals may be required to provide documentation so that
DoorDash may verify their eligibility for a DashPass student plan. DashPass
student plan subscriptions are subject to this Agreement and DoorDash’s
Promotional Offers and Credits Terms and Conditions.




(d) Trial or Promotional Subscriptions. From time to time, DoorDash may offer
some customers trial or other promotional subscriptions to DashPass, whether
directly from DoorDash or in partnership with a third party. Such trial or
promotional subscriptions are available only for Users who have not previously
subscribed to DashPass (whether on a free or paid plan) and are subject to this
Agreement and DoorDash’s Promotional Offers and Credits Terms and Conditions
except as otherwise stated in the promotional offer. If you do not cancel your
free trial or promotional subscription within the trial or promotional pricing
period, you agree to purchase a paid DashPass subscription at the then-current
fee. When your free trial or promotional pricing period has expired, your
subscription will automatically convert into a paid, automatically renewing
DashPass subscription, and DoorDash will bill you the applicable fee (plus
applicable taxes, such as sales tax, use tax, goods and services tax, and other
transaction taxes) unless you cancel. If you cancel DashPass before the trial
period has expired, DoorDash will not charge you for the DashPass subscription.
If you purchase a DashPass subscription with a promotional code, each time your
DashPass subscription renews, you will be charged the full billing amount. Only
one trial or promotional subscription is available per household. If your
DashPass subscription is ever terminated for any reason, you shall not be
eligible for a free trial on any subsequent DashPass subscription.




(e) DashPass Gift Subscriptions. DoorDash may offer customers the opportunity to
purchase DashPass gift subscriptions (“DashPass Gift Subscriptions”) and then
send these DashPass Gift Subscriptions to other customers to redeem (“Gift
Subscription Recipients”). Such DashPass Gift Subscriptions are subject to this
Agreement and the DashPass Gift Membership Terms and Conditions. DashPass Gift
Subscriptions can only be purchased and redeemed by Users who have or create a
valid DoorDash account with a valid form of accepted payment on file. A DashPass
Gift Subscription entitles the Gift Subscription Recipient to a DashPass
subscription for the length of time identified in the DashPass Gift Subscription
confirmation (the “DashPass Gift Subscription Period”).




DashPass Gift Subscriptions are issued by the following entities: DoorDash
Giftcards LLC in the United States; DoorDash Technologies Canada, Inc. in
Canada; DoorDash Technologies Australia Pty Ltd in Australia; and DoorDash
Technologies New Zealand in New Zealand.




DashPass Gift Subscriptions cannot be redeemed by DashPass subscribers currently
enrolled in any free, paid, or discounted partnership subscription plan
(“Excluded Subscription Plans”). Any Gift Subscription Recipients of a DashPass
Gift Subscription currently enrolled in an Excluded Subscription Plan may choose
to transfer their DashPass Gift Subscription to another customer. For Gift
Subscription Recipients enrolled in an eligible existing paid DashPass
subscription at the time of redemption of a DashPass Gift Subscription, such
eligible existing paid DashPass subscription will continue through the end of
the Gift Subscription Recipient’s current DashPass billing cycle before the
DashPass Gift Subscription will be applied. For Gift Subscription Recipients
enrolled in an eligible existing DashPass subscription currently in a free
period at the time of redemption of a DashPass Gift Subscription, the DashPass
Gift Subscription will be applied immediately upon redemption and any unused
days in the previous free period will be forfeited.




For all Gift Subscription Recipients, after the DashPass Gift Subscription
Period ends, that subscription will automatically convert into a paid monthly
DashPass subscription, and DoorDash will charge the Gift Subscription Recipient
the applicable monthly fee to the preferred payment method designated in the
Gift Subscription Recipient’s DoorDash account. All purchases of DashPass Gift
Subscriptions are final and non-refundable.




(f) Cancellations. When you cancel a DashPass subscription, you cancel only
future charges associated with your DashPass subscription. You may initiate your
cancellation at any time through the Services, but the cancellation will become
effective at the end of your current subscription period. Instructions on how to
cancel are available here. You must cancel at least one (1) day before the
next-scheduled subscription renewal date to avoid being charged for the next
subscription period (for example, if the renewal date is January 10, you must
cancel by 11:59:59 pm on January 9).




If you participated in a free trial or other promotional subscription period for
DashPass, you may cancel within the first 48 hours of your first paid DashPass
subscription period and receive a full refund of your DashPass fee (as
applicable). 




For both monthly and annual subscribers, if you cancel your DashPass
subscription within the first 48 hours of your first subscription period and
have not placed a DashPass-eligible order during that period, DoorDash may, in
its sole discretion, refund your DashPass fee. If we issue a refund, credit, or
discount, we are under no obligation to issue the same or similar refund in the
future.




UNLESS YOU ARE A CANADA CONSUMER WHO RESIDES IN THE PROVINCE OF QUÉBEC AND
EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW (INCLUDING THE
AUSTRALIAN CONSUMER LAW FOR AUSTRALIAN CONSUMERS AND THE CONSUMER GUARANTEES ACT
1993 OR FAIR TRADING ACT 1986 FOR NEW ZEALAND CONSUMERS), YOUR SUBSCRIPTION FEE
IS NONREFUNDABLE and if you cancel your DashPass subscription, you will not
receive a refund, but you can continue to enjoy the DashPass Benefits through
the end of your then-current subscription period. For Canada Consumers who
reside in the Province of Québec, if you cancel your annual subscription, you
may request a prorated refund by calling Support at 855-431-0459.




(g) DashPass Benefits for Certain Cardmembers




(i) Chase Cardmembers (United States Only but Excluding Puerto Rico). Chase
cardmembers in the United States (but excluding Puerto Rico) are eligible for
certain DashPass benefits on both DoorDash and Caviar when an eligible Chase
credit card is added to either account. The specific benefits depend upon which
Chase credit card is added to your account. These benefits are subject to this
Agreement and DoorDash’s Promotional Offers and Credits Terms and Conditions as
well as the following card-specific terms:




(A) Chase Sapphire Reserve® 

(B) Chase Sapphire® and Chase Sapphire Preferred® 

(C) Chase Freedom

(D) Chase Slate

(E) Chase Co-Brand




Additional information about the DashPass benefits for Chase cardmembers can be
found at our DashPass for Chase Cardmembers page.




(ii) Mastercard Cardmembers (United States Only but Excluding Puerto Rico).
Eligible World and World Elite Mastercard cardmembers in the United States (but
excluding Puerto Rico) are eligible for certain DashPass benefits on both
DoorDash and Caviar when they sign up for DashPass with their eligible World and
World Elite Mastercard. These benefits are subject to this Agreement and
DoorDash’s Promotional Offers and Credits Terms and Conditions as well as the
program-specific benefit disclosures available here.




(iii) RBC Cardmembers (Canada Only). RBC cardmembers in Canada are eligible for
complimentary DashPass on DoorDash (length of complimentary subscription depends
on which RBC credit card is used) when an eligible RBC credit card is added to
their DoorDash account. DoorDash is responsible for DashPass and the use of
DashPass through these complimentary subscriptions is subject to this Agreement
and DoorDash’s Promotional Offers and Credits Terms and Conditions. Eligibility
for the complimentary DashPass subscription for eligible RBC cardmembers and
other offer terms are available in the DoorDash/RBC Complimentary DashPass
Terms. Additional information about the DashPass benefits for RBC cardmembers
can be found at our DashPass for RBC Cardmembers page.




(h) DashPass Student Plan with Chegg (United States Only). Current Chegg Study
or Chegg Study Pack subscribers who are at least 18 years old, reside in the
United States, and are enrolled in an accredited college or university in the
United States are eligible to activate a free DashPass Student subscription
until November 1, 2023. If you cancel your Chegg Study or Chegg Study Pack
subscription or upon 30 days’ prior notice from DoorDash, you will continue to
be enrolled in the DashPass for Students subscription and will be automatically
charged the then-current monthly DashPass for Students subscription fee (plus
any applicable taxes) on a recurring basis until you cancel your DashPass for
Students subscription. See full Chegg x DashPass Student Membership Offer terms
and conditions here.




(i) Complimentary DashPass for Amazon Prime Members (Canada Only). Amazon Prime
members in Canada are eligible for 12 months of complimentary monthly DashPass
on DoorDash. At the end of this 12-month period, the complimentary DashPass
subscription will automatically renew as a paid monthly DashPass plan at the
then-current monthly fee plus applicable taxes unless you cancel your DashPass
subscription prior to renewal. The offer terms and conditions can be found here.




(j) Updates and Changes. DoorDash does not represent or warrant that particular
DashPass benefits or features will be offered indefinitely and reserves the
right to, in its sole discretion, change the fees or alter the features and
benefits associated with a DashPass subscription. If DoorDash changes the
monthly or annual fee charged for a DashPass subscription, DoorDash will notify
you and provide you with the opportunity to cancel your subscription before your
DashPass subscription is renewed for another subscription term. If you do not
wish to continue subscribing with the new subscription fees, you may cancel your
DashPass subscription within the specified notice period. We may also notify you
of DashPass feature changes. Your continued use of the Services after a fee or
feature change becomes effective will constitute your acceptance of the change,
and any updated terms and conditions will apply for the remaining subscription
term and all renewals going forward.




(k) No Transfer or Assignments and Cancellations by DoorDash. Your DashPass
subscription cannot be transferred or assigned. DoorDash reserves the right to
accept, refuse, suspend, or cancel your DashPass subscription at any time in its
sole discretion. If DoorDash cancels your DashPass subscription, you will
receive a refund of your subscription fee on a pro rata basis based on the
amount of time remaining in your pre-paid subscription, unless DoorDash
terminates your account or your DashPass subscription because it determines, in
its sole discretion, that your actions or your use of the Services violates this
Agreement or has harmed another User.




14. Arbitration Agreement




THIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION
AGREEMENT.”




Please read this Section 14 carefully. It requires, unless you are a Canada
Consumer who resides in the Province of Québec, that any and all claims between
you and DoorDash be resolved by binding arbitration or in small claims court or
tribunal. Unless you are an Australia Consumer and to the extent permitted by
applicable law, this Section 14 also prevents you from pursuing a class action
or similar proceeding in any forum. Arbitration is required if your country of
residence enforces arbitration agreements. If you are outside the United States,
Canada, Australia, or New Zealand, but attempt to bring a claim in one of those
countries, arbitration is required for determination of the threshold issue of
whether this Section 14 applies to you, as well as all other threshold
determinations, including residency, arbitrability, venue, and applicable law.
If your country of residence does not enforce arbitration agreements, the
mandatory pre-arbitration dispute resolution and notification and prohibition on
class actions or representative proceedings provided below still apply to the
extent enforceable by law.




(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply,
without limitation, to all claims that arose or were asserted before, on, or
after the effective date of this Agreement. You agree that any dispute or claim
arising out of or relating in any way to the subject matter of the Agreement, to
your access or use of the Services as a User of the Services, to any advertising
or marketing communications regarding DoorDash or the Services, to any products
or services sold or distributed through the Services that you received as a User
of our Services, or to any aspect of your relationship or transactions with
DoorDash as a User of our Services (this includes, without limitation, any
contract claim, tort claim, statutory claim, or claim for unfair competition),
will be resolved by binding arbitration, rather than in court, except as
otherwise required by law—such as individual claims for sexual assault or sexual
harassment arising from use of the Services by United States Consumers—or as
otherwise provided in this Arbitration Agreement. In addition, to the extent
permitted by applicable law, either you or DoorDash may seek equitable relief in
court for infringement or other misuse of intellectual property rights (such as
trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Either you or DoorDash may also, to the extent permitted by applicable law,
apply to a court of competent jurisdiction for temporary or preliminary
injunctive relief on the ground that without such relief the arbitration
provided in this paragraph may be rendered ineffectual. The following additional
jurisdiction-specific exception to the foregoing applies to United States,
Australia, and New Zealand Consumers only:




(i) United States and New Zealand Consumers Only. You may assert claims in small
claims court or tribunal if your claims qualify, so long as the matter remains
in such court and advances only on an individual (non-class, non-representative)
basis.




CASES HAVE BEEN FILED AGAINST DOORDASH—AND OTHERS MAY BE FILED IN THE
FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS
ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.




IF YOU AGREE TO ARBITRATION WITH DOORDASH, YOU ARE AGREEING IN ADVANCE THAT YOU
WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH
CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO
ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST DOORDASH IN AN INDIVIDUAL
ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY
OR OTHER RELIEF BY AN ARBITRATOR.




(b) Informal Resolution. You and DoorDash agree that good-faith informal efforts
to resolve disputes often can result in a prompt, low-cost, and mutually
beneficial outcome. You and DoorDash therefore agree that, before either you or
DoorDash demands or attempts to commence arbitration against the other, we will
personally meet and confer, via telephone or videoconference, in a good-faith
effort to resolve informally any claim covered by this mutual Arbitration
Agreement. For sake of clarification only, the informal dispute resolution
conferences 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, unless mutually agreed to by the parties. If you
are represented by counsel, your counsel may participate in the conference, but
you shall also fully participate in the conference. The party initiating the
claim must give notice to the other party in writing of their intent to initiate
an informal dispute resolution conference, which shall occur within 60 days
after the other party receives such notice, unless an extension is mutually
agreed upon by the parties. To notify DoorDash that you intend to initiate an
informal dispute resolution conference, email Informal.Resolution@doordash.com,
providing your name, telephone number associated with your DoorDash account (if
any), the email address associated with your DoorDash account, and a description
of your claim. DoorDash may then send you an Informal Dispute Resolution
Conference Request form, which you must fill out completely to initiate the
informal dispute resolution conference. In the interval between the party
receiving such notice and the informal dispute resolution conference, the
parties shall be free to attempt to resolve the initiating party’s claims.
Engaging in an informal dispute resolution conference is a requirement that must
be fulfilled before commencing arbitration. The statute of limitations and any
filing fee deadlines shall be tolled while the parties engage in the informal
dispute resolution process required by this paragraph.




(c) Arbitration Rules and Forum




(i) United States Consumers Only. This Arbitration Agreement is governed by the
Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the
rules and procedures of the FAA cannot apply, the state law governing
arbitration agreements in the state in which you reside shall apply. Before a
party may begin an arbitration proceeding, that party must send notice of an
intent to initiate arbitration and certify completion of the informal dispute
resolution conference pursuant to Section 14(b). If this notice is being sent to
DoorDash, it must be sent by email to the counsel who represented DoorDash in
the informal dispute resolution process, or if there was no such counsel, then
by mail to General Counsel, at 303 2nd Street, Suite 800, San Francisco, CA,
94107. The arbitration will be conducted by ADR Services, Inc. under its rules
and pursuant to the terms of this Agreement. Once the notice certifying
completion of the informal dispute resolution conference has been served, the
party seeking to arbitrate must then file their arbitration demands with ADR
Services, Inc. The demand must include (A) the name, telephone number, mailing
address, and email address of the party seeking arbitration; (B) a statement of
the legal claims being asserted and the factual bases of those claims; (C) a
description of the remedy sought and an accurate, good-faith calculation of the
amount in controversy, enumerated in United States Dollars (any request for
injunctive relief or attorneys’ fees shall not count toward the calculation of
the amount in controversy unless such injunctive relief seeks the payment of
money); and (D) the signature of the party seeking arbitration. Disputes shall
be subject to ADR Services, Inc.’s most current version of its Arbitration
Rules, available as of July 21, 2023 at
https://www.adrservices.com/services/arbitration-rules or by calling ADR
Services, Inc. at 310-201-0010. The fees that shall apply to arbitrations
administered by ADR Services, Inc. are set forth on ADR Services, Inc.’s
website, available as of July 21, 2023 at
https://www.adrservices.com/rate-fee-schedule/. Specifically, the fees set forth
in ADR Services, Inc.’s Mass Consumer Non-Employment Arbitration Fee Schedule
shall apply when twenty (20) or more arbitration claims are filed which: (X)
involve the same or similar parties; (Y) are based on the same or similar claims
which arise from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact; and (Z) involve the same or coordinated counsel for
the parties. In all other circumstances, the fees set forth in ADR Services,
Inc.’s General Fee Schedule shall apply, except that DoorDash will pay the
portion of the initial case opening fees (if any) that exceeds the filing fee to
file the case in a court of competent jurisdiction embracing the location of the
arbitration. Payment of all filing, administration, and arbitration fees will be
governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot
afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other
fees and cannot obtain a waiver of fees from ADR Services, Inc., DoorDash will
pay them for you. Any finding that a claim or counterclaim violates the
standards set forth in Federal Rule of Civil Procedure 11 shall entitle the
other party to recover their attorneys’ fees, costs, and expenses associated
with defending against the claim or counterclaim. If a party timely serves an
offer of judgment under Federal Rule of Civil Procedure 68 or a state or local
equivalent, if applicable, and the judgment that the other party finally obtains
is not more favorable than the unaccepted offer, then the other party shall pay
the costs, including filing fees, incurred after the offer was made. 




If ADR Services, Inc. is not available to arbitrate, the parties will mutually
select an alternative arbitral forum. To the extent there is a dispute over
which arbitration provider shall administer the arbitration, only a court (and
not an arbitrator or arbitration administrator) can resolve that dispute, and
the arbitration shall be stayed until the court resolves that dispute. You may
choose to have the arbitration conducted by telephone, video conference, or in
person in the county where you live or at another mutually agreed location. The
parties agree that all of the arbitration proceedings, including any discovery,
hearings, and rulings, shall be confidential to the fullest extent permitted by
applicable law. If at any time the arbitrator or arbitration administrator fails
to enforce the terms of this Agreement, either party may seek to enjoin the
arbitration proceeding in court, and the arbitration shall automatically be
stayed pending the outcome of that proceeding.




If the arbitration award includes any injunction or a monetary award that
exceeds $100,000, then either party shall have the right to appeal that award to
an arbitration appellate panel. The notice of appeal must be served, in writing,
on the opposing party within fourteen (14) days after the award has become
final. ADR Services shall administer the appeal consistent with the JAMS
Optional Arbitration Appeal Procedures, available as of July 21, 2023 at
https://www.jamsadr.com/appeal/.




(ii) Canada Consumers Only (Except Those who Reside in the Province of Québec).
To the extent permitted by applicable law, this Arbitration Agreement is
governed by the domestic arbitration act in the province in which you reside and
ADR Institute of Canada, Inc.’s Arbitration Rules
(https://adric.ca/case-administration-services/) (“ADRIC Rules”) as applicable,
in all respects except as otherwise expressly agreed herein. Before a party may
begin an arbitration proceeding, that party must send notice of an intent to
initiate arbitration and certify completion of the informal dispute resolution
conference pursuant to Section 14(b). If this notice is being sent to DoorDash,
it must be sent by email to the counsel who represented DoorDash in the informal
dispute resolution process, or if there was no such counsel, then by mail to
General Counsel, DoorDash at 1066 West Hastings Street, Suite 2000, Vancouver BC
V6E 3X2, Canada; and legal@doordash.com. Arbitration demands shall be filed with
ADR Institute of Canada, Inc. (“ADRIC”) and shall be submitted in accordance
with the ADRIC Rules and must include: (A) the name, telephone number, mailing
address, and email address of the party seeking arbitration; (B) a statement of
the legal claims being asserted and the factual bases of those claims; (C) a
description of the remedy sought and an accurate, good-faith calculation of the
amount in controversy (any request for injunctive relief or attorneys’ fees
shall not count toward the calculation of the amount in controversy unless such
injunctive relief seeks the payment of money); and (D) the signature of the
party seeking arbitration. Your demand for arbitration must also be delivered to
General Counsel, DoorDash at 1066 West Hastings Street, Suite 2000, Vancouver BC
V6E 3X2, Canada; and legal@doordash.com. Notwithstanding anything to the
contrary in the ADRIC Rules, the arbitration shall be heard by a single
arbitrator (selected in accordance with the ADRIC Rules), who shall be a lawyer
or former judge. The seat of the arbitration shall be the capital city of the
province of your primary residence as of the effective date of this Agreement.
However, at your request, the arbitration hearing may take place at a location
that is within 45 kilometres of your primary residence as of the effective date
of this Agreement. The parties agree that the arbitration may proceed virtually,
and the arbitrator has the discretion to order a virtual arbitration at the
request of either party. Unless applicable law provides otherwise, you and
DoorDash shall pay equal shares of the applicable filing fees and other similar
and usual administrative costs, as are common to both court and administrative
proceedings. DoorDash shall pay any additional costs uniquely associated with
arbitration, such as payment of the costs of ADRIC and the Arbitrator, as well
as room rental or technical assistance required to support a virtual
arbitration. The current fee schedule under the ADRIC Rules is available at the
following link: https://adric.ca/case-administration-services/. If ADRIC is not
available to arbitrate, the parties will mutually select an alternative arbitral
forum.




(iii) Australia Consumers Only. To begin an arbitration proceeding, you must
send a letter requesting arbitration and describing your claim to our registered
agent, General Counsel, at Level 15, 222 Exhibition Street, Melbourne VIC 3000
Australia. The arbitration will be conducted by the Australian Disputes Centre
(“ADC”) under then-current arbitration rules and pursuant to the terms of this
Agreement. The ADC’s arbitration rules are available at:
https://www.disputescentre.com.au/adc-rules-for-domestic-arbitration. Payment of
all filing, administration, and arbitration fees will be governed by the ADC’s
rules. If the arbitrator finds that you cannot afford to pay the ADC’s filing,
administrative, hearing, and/or other fees and cannot obtain a waiver of fees
from the ADC, DoorDash will pay them for you. In addition, DoorDash will
reimburse all such ADC’s filing, administrative, hearing, and/or other fees for
claims with an amount in controversy totaling less than AUD $10,000. If the ADC
is not available to arbitrate, the parties will select an alternative arbitral
forum. You may choose to have the arbitration conducted by telephone, video
conference, based on written submissions, or in person in the country where you
live or at another mutually agreed location.




(iv) New Zealand Consumers Only. This Arbitration Agreement is governed by the
Arbitration Act 1996 and Schedule 2 of the Arbitration Act 1996 will not apply
to any arbitration. Where you are a “consumer” for the purposes of the
Arbitration Act 1996, this agreement to arbitrate is subject to a separate
written agreement after the dispute has arisen in accordance with section 11 of
the Arbitration Act 1996.




(d) Arbitrator Powers. The arbitrator, and not any federal, state, provincial,
or local court or agency, shall have exclusive authority to resolve any dispute
relating to the interpretation, applicability, enforceability, or formation of
this Arbitration Agreement including, but not limited to, any claim that all or
any part of this Arbitration Agreement is void or voidable, to the extent
permitted by applicable law except with respect to Section 14(f) below (Waiver
of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive
Relief), the enforceability of which can only be determined by a court. All
disputes regarding the payment of arbitrator or arbitration-organization fees,
including the timing of such payments and remedies for nonpayment, shall be
determined exclusively by an arbitrator, and not by any court or arbitration
administrator. The arbitration will decide the rights and liabilities, if any,
of you and DoorDash. Except as expressly agreed to in Section 14(g) of this
Agreement, the arbitration proceeding will not be consolidated with any other
matters or joined with any other proceedings or parties. The arbitrator may
issue orders (including subpoenas to third parties, to the extent permitted by
law) allowing the parties to conduct discovery sufficient to allow each party to
prepare that party's claims and/or defenses, taking into consideration that
arbitration is designed to be a speedy and efficient method for resolving
disputes. For example, the arbitrator shall preclude oral discovery of either
party’s current or former high-level officers absent a showing that the officer
has unique, personal knowledge of discoverable information and less burdensome
discovery methods have been exhausted. The arbitrator will have the authority to
grant motions dispositive of all or part of any claim or dispute. The arbitrator
will have the authority to award, on an individual basis, monetary damages and
to grant any non-monetary remedy or relief available to an individual under
applicable law, the arbitral forum’s rules, and this Agreement (including this
Arbitration Agreement). The arbitrator will issue a written statement of
decision describing the essential findings and conclusions on which any award
(or decision not to render an award) is based, including the calculation of any
damages awarded. The award shall be binding only among the parties and shall
have no preclusive effect in any other arbitration or other proceeding involving
a different party. The arbitrator shall follow the applicable law. The
arbitrator has the same authority to award relief on an individual basis that a
judge in a court of law would have. The arbitrator’s decision is final and
binding on you and DoorDash. 




(e) Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND
DOORDASH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND
RECEIVE A JUDGE OR JURY TRIAL. You and DoorDash are instead electing to have all
disputes resolved by arbitration, except as specified in Section 14(a) above.
There is no judge or jury in arbitration, and court review of an arbitration
award is limited.




(f) Waiver of Class, Consolidated, and Representative Actions; Waiver of Public
Injunctive Relief (United States, Canada, and New Zealand Consumers Only). THIS
SECTION14(f) DOES NOT APPLY TO AUSTRALIA CONSUMERS. EXCEPT AS EXPRESSLY AGREED
TO IN SECTION 14(g) OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE
LAW, YOU AND DOORDASH AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE
SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE
BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT
MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR
REPRESENTATIVE BASIS EXCEPT AS SET FORTH IN SECTION 14(g). CLAIMS OF MORE THAN
ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED
WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 14(g).
In any case in which (1) the dispute is filed as a class, collective, or
representative action and (2) a civil court of competent jurisdiction finds all
or part of the Waiver of Class, Consolidated, and Representative Actions is
unenforceable, the class, collective, or representative action must be litigated
in a civil court of competent jurisdiction, but the portion of the Waiver of
Class, Consolidated, and Representative Actions that is enforceable shall be
enforced in arbitration. The portion of such dispute proceeding in court shall
be stayed pending the conclusion of the arbitration. Notwithstanding any other
provision in this Agreement, any claim that all or part of the waivers set forth
in Section 14(f) is unenforceable, unconscionable, void, or voidable may be
determined only by a court of competent jurisdiction and not by an arbitrator.
This provision does not prevent you or DoorDash from settling claims on a class,
collective, or representative basis.




(g) Batch Arbitrations. To the extent permitted by applicable law, to increase
efficiency of resolution, in the event 100 or more similar arbitration demands
against DoorDash, presented by or with the assistance or involvement of the same
law firm or organization, are submitted to an arbitration provider selected in
accordance with the rules described above within a 30-day period: (A) the
parties shall cooperate to group the arbitration demands into randomized batches
of no more than 100 demands per batch (plus, to the extent there are fewer than
100 arbitration demands left over after the batching described above, a final
batch consisting of the remaining demands); (B) claimants’ counsel shall
organize and present the batched demands to the arbitration provider in a format
as directed by the arbitration provider; (C) the arbitration provider shall
provide for resolution of each batch as a single arbitration with one set of
filing and administrative fees and one arbitrator assigned per batch; and (D)
the arbitration provider shall send one set of disclosures per batch and will
set up one Arbitration Management Conference per batch. You agree to cooperate
in good faith with DoorDash and the arbitration provider to implement such a
batch approach to resolution and fees. Disagreements over the applicability of
this batch arbitration process will be settled in a single, consolidated
arbitration proceeding that includes all affected parties and is resolved by a
single arbitrator subject to the requirements of this Section 14(g).
Notwithstanding any provision in the Agreement to the contrary, batch
arbitrations shall take place in San Francisco, California or, if the parties
prefer, by video conference. The parties may also agree to conducting
arbitration based on written submissions alone.




(h) Opt Out. DoorDash’s updates to these Terms and Conditions do not provide a
new opportunity to opt out of the Arbitration Agreement for customers or Users
who had previously agreed to a version of DoorDash’s or Caviar’s Terms and
Conditions and did not validly opt out of arbitration. DoorDash will continue to
honor the valid opt outs of customers or Users who validly opted out of the
Arbitration Agreement in a prior version of the Terms and Conditions. If you are
a customer or User who creates a DoorDash or Caviar account for the first time
on or after the effective date of these Terms and Conditions, you may opt out of
this Arbitration Agreement. If you do so, neither you nor DoorDash can force the
other to arbitrate as a result of this Agreement. To opt out, you must notify
DoorDash in writing no later than 30 days after first becoming subject to this
Arbitration Agreement. Your notice must include your name and address, your
DoorDash username (if any), the email address you currently use to access your
DoorDash account (if you have one), and a CLEAR statement that you want to opt
out of this Arbitration Agreement. You must send your opt-out notice to:
opt-out@doordash.com. If you opt out of this Arbitration Agreement, all other
parts of this Agreement will continue to apply to you. Opting out of this
Arbitration Agreement has no effect on any other arbitration agreements that you
may have entered into with us or may enter into in the future with us.




(i) No Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE,
AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND DOORDASH
RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING
WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES
AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING OUT
OF THE ARBITRATION AGREEMENT SET FORTH IN SECTION 14 HAS NO EFFECT ON YOUR
AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT
WITH DOORDASH.




(j) Survival. This Arbitration Agreement will survive any termination of your
relationship with DoorDash. 




(k) Modification. Notwithstanding any provision in the Agreement to the
contrary, we agree that if DoorDash makes any future material change to this
Arbitration Agreement, it will not apply to any individual claim(s) that you had
already provided notice of to DoorDash.




(l) Entire Agreement; Severability. This Arbitration Agreement is the full and
complete agreement relating to the formal resolution of disputes covered by this
Arbitration Agreement. In the event any portion of this Arbitration Agreement is
deemed unenforceable, the remainder of this Arbitration Agreement will be
enforceable.




15. Third-Party Interactions




(a) Third-Party Websites, Applications, and Advertisements. The Services may
contain links to third-party websites (“Third-Party Websites”), applications
(“Third-Party Applications”), and advertisements (“Third-Party Advertisements”)
(collectively, “Third-Party Websites and Advertisements”). When you click or tap
on a link to a Third-Party Website, Third-Party Application, or Third-Party
Advertisement, DoorDash will not warn you that you have left DoorDash’s website
or Services and will not warn you that you are subject to the terms and
conditions (including privacy policies) of another website or destination. Such
Third-Party Websites and Advertisements are not under the control of DoorDash.
DoorDash is not responsible for any Third-Party Websites and Advertisements.
DoorDash provides links to these Third-Party Websites and Advertisements only as
a convenience and does not review, approve, monitor, endorse, warrant, or make
any representations with respect to such Third-Party Websites and Advertisements
or their products or services. You use all links in Third-Party Websites and
Advertisements at your own risk. You should review applicable terms and
policies, including privacy and data gathering practices, of any Third-Party
Websites or Third-Party Applications, and make whatever investigation you feel
necessary or appropriate before proceeding with any transaction with any third
party.




(b) App Stores. You acknowledge and agree that the availability of the
Technology and the Services is dependent on the third party from which you
received the application license, such as the Apple or Android app store (each,
an “App Store”). You acknowledge and agree that this Agreement is between you
and DoorDash and not with the App Store. DoorDash, not the App Store, is solely
responsible for the Technology and the Services, including the mobile
application(s), the content thereof, maintenance, support services, and warranty
therefor, and addressing any claims relating thereto (for example, product
liability, legal compliance, or intellectual property infringement). In order to
use the Technology and the Services, you must have access to a wireless network,
and you agree to pay all fees associated with such access. You also agree to pay
all fees (if any) charged by the App Store in connection with the Technology or
the Services. You agree to comply with, and your license to use the Technology
and the Services is conditioned upon your compliance with, all applicable
third-party terms or agreements (for example, the App Store’s terms and
policies) when using the Technology or the Services. You represent and warrant
that you are not located in a country that is subject to a United States
Government embargo or similar laws of other countries where applicable, or that
has been designated by the United States or Canadian Government as a “terrorist
supporting” country, and you represent and warrant that you are not listed on
any United States or Canadian Government list of prohibited or restricted
parties. You acknowledge and agree that each App Store (and its affiliates) is
an intended third-party beneficiary of this Agreement and has the right to
enforce the terms and conditions of this Agreement.




16. Transactions Involving Alcohol and Other Age-Restricted Products




You may have the option to request delivery or pickup of alcohol products in
some locations and from certain Merchants. You agree that you will only order
alcohol products if you, the intended recipient, and anyone who may consume the
alcohol products are of legal age to purchase and consume alcohol products in
the relevant jurisdiction. You also agree that, upon delivery or pickup of
alcohol products, the recipient of any alcohol products will provide valid
government-issued identification proving the requisite legal age and that the
recipient will not be intoxicated when receiving such products. If you order
alcohol products, you understand and acknowledge that the order will only be
delivered if the Merchant accepts your order. The person delivering alcohol may
be legally obligated to refuse delivery pursuant to applicable federal, state,
provincial, or local laws, rules, or regulations, including if the recipient is
not of legal age, is visibly intoxicated, or is not physically present to accept
the delivery, and will be prompted to refuse delivery if the recipient cannot
provide a valid government-issued identification proving requisite legal age, is
visibly intoxicated, or is not physically present to accept the delivery. If the
delivery of alcohol products cannot be completed for one or more of these
reasons, you agree and acknowledge that your purchase is non-refundable and you
or the intended recipient may not receive any part of the applicable order,
including any non-alcohol items that you may have purchased with your alcohol
products, and you may also be subject to a non-refundable Undeliverable Item
Fee. Alcohol is not available in all locations that are served by the DoorDash
platform. Alcohol may be removed from the platform for specific Users at
DoorDash’s sole discretion.




You may also have the option to request delivery or pickup of other
age-restricted items from certain Merchants, such as certain over-the-counter
medication or other products subject to applicable federal, state, provincial,
or local laws, rules, or regulations or Merchant or DoorDash policies requiring
age verification. You agree that you will only order age-restricted items if
you, the intended recipient, or anyone who may consume such products are of
legal age to purchase the items. You also agree that, upon delivery or pickup of
age-restricted items, the recipient will provide valid government-issued
identification proving the requisite legal age for such age-restricted items.
The person delivering age-restricted items will refuse delivery pursuant to
applicable federal, state, provincial, or local laws, rules, or regulations,
including if the recipient cannot provide a valid government-issued
identification proving requisite legal age or is not physically present to
accept the delivery. If the delivery of age-restricted items cannot be completed
for one or more of these reasons, you agree and acknowledge that your purchase
is non-refundable and you may not receive any part of your order, including
items that are not age-restricted that you may have purchased with your
age-restricted items, and you may also be subject to a non-refundable
Undeliverable Item Fee.




17. Indemnification




To the extent permitted by law, you agree to indemnify and hold harmless
DoorDash and its officers, directors, employees, agents, and affiliates (each,
an “Indemnified Party”) from and against any losses, claims, actions, costs,
damages, penalties, fines, and expenses, including without limitation, legal
and/or attorneys’ fees and expenses, that may be incurred by an Indemnified
Party arising out of, relating to, or resulting from (a) your User Content; (b)
your misuse of the Technology or Services; (c) your breach of this Agreement or
any representation, warranty, condition, or covenant in this Agreement; or (d)
your violation of any applicable laws, rules, or regulations through or related
to the use of the Technology or Services. In the event of any claim, allegation,
suit, or proceeding alleging any matter potentially covered by the agreements in
this Section 17, you agree to pay for the defense of the Indemnified Party,
including reasonable costs and legal and/or attorneys’ fees incurred by the
Indemnified Party. DoorDash reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with DoorDash in asserting any
available defenses. This Section 17 does not require you to indemnify any
Indemnified Party for any unconscionable commercial practice by such party, or
for such party’s negligence, fraud, deception, false promise, misrepresentation
or concealment, suppression, or omission of any material fact in connection with
the Technology or Services. You agree that the provisions of this Section 17
will survive any termination of your account, this Agreement, or your access to
the Technology and/or Services.




18. Disclaimer of Warranties




UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME
OF THE EXCLUSIONS IN THIS SECTION 18 MAY NOT APPLY TO YOU. SECTION 18 APPLIES TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.




YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES
IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY
AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. DOORDASH WILL
USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS
MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE THEY WILL BE AVAILABLE ALL
OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS
WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND
NON-INFRINGEMENT. DOORDASH MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE
AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT,
GRAPHICS, OR LINKS.




DOORDASH DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE
ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND
OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DOORDASH SHALL NOT BE
RESPONSIBLE FOR THOSE ECONOMIC COSTS.




AUSTRALIA AND NEW ZEALAND ORDERS: FOR AUSTRALIA AND NEW ZEALAND ORDERS, NOTHING
IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY GUARANTEE, TERM,
CONDITION, WARRANTY, OR ANY RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY
LEGISLATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING: (a) FOR
AUSTRALIA ORDERS, THE AUSTRALIAN CONSUMER LAW, WHICH CONTAINS GUARANTEES THAT
PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES; and (b)
FOR NEW ZEALAND ORDERS, THE CONSUMER GUARANTEES ACT 1993 AND THE FAIR TRADING
ACT 1986, WHICH CONTAIN GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND
SERVICES IN CERTAIN CIRCUMSTANCES (EACH, A “NON-EXCLUDABLE PROVISION”).




19. Internet Delays




The Technology and Services may be subject to limitations, delays, and other
problems inherent in the use of the Internet and electronic communications.
Except as otherwise required by applicable law and subject to the Non-Excludable
Provisions, DoorDash is not responsible for any delays, delivery failures,
damage, loss, injury, or other economic damage resulting from such problems.




20. Breach and Limitation of Liability




This Section 20 applies to the fullest extent permitted by applicable law, and
some provisions in this Section 20 may not apply in certain jurisdictions.




(a) United States and Canada Consumers. This Section 20(a) applies to United
States and Canada Consumers. You understand and agree that a key element of the
Services and this Agreement is your and our mutual desire to keep the Services
simple and efficient and to provide the Technology and Services at low cost. You
understand and agree to the limitations on remedies and liabilities set forth in
this Section 20(a) to keep the Technology and Services simple and efficient, and
costs low, for all Users.




(i) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
DOORDASH’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY
PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY
FULLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE UNITED STATES.




(ii) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, DOORDASH SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER
DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC
ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE
ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY
INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT
APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES OR THE
PROVINCE OF QUÉBEC IN CANADA.




(b) Australia and New Zealand Consumers




(i) Australia Consumers. THIS SECTION 20(b)(i) APPLIES TO AUSTRALIA CONSUMERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF DOORDASH FOR
BREACH OF ANY NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE
FOLLOWING AT DOORDASH’S OPTION: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE
GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF
THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT
OF THE COST OF HAVING THE GOODS REPAIRED; OR (B) IN THE CASE OF SERVICES, THE
SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE
SERVICES SUPPLIED AGAIN.




(ii) New Zealand Consumers. THIS SECTION 20(b)(ii) APPLIES TO NEW ZEALAND
CONSUMERS.




(A) OUR SERVICES COME WITH CONSUMER GUARANTEES UNDER THE CONSUMER GUARANTEES ACT
1993. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A FAILURE OF SUBSTANTIAL
CHARACTER AND YOU MAY ALSO BE ENTITLED TO COMPENSATION FOR ANY OTHER REASONABLY
FORESEEABLE LOSS OR DAMAGE. IF THE FAILURE IS NOT OF SUBSTANTIAL CHARACTER, YOU
MAY BE ENTITLED TO: (1) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS, THE
REPAIR OF THE GOODS, OR A REFUND IF THE GOODS CANNOT BE REASONABLY REPAIRED OR
REPLACED; OR (2) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR
A REFUND. THERE MAY BE OTHER REMEDIES AVAILABLE UNDER THE CONSUMER GUARANTEES
ACT 1993, DEPENDING ON THE CIRCUMSTANCES. DOORDASH’S LIABILITY IN RELATION TO
ITS PROVISION OF THE SERVICES OR GOODS IS LIMITED TO THE REMEDIES THAT ARE
PROVIDED PURSUANT TO THE NON-EXCLUDABLE PROVISIONS AND THE GUARANTEES SET OUT IN
SECTION 20(b) OF THIS AGREEMENT.




(B) You agree and acknowledge that if you are in trade and acquire, or hold
yourself out as acquiring, the goods or services (as applicable) for business
purposes in terms of section 43(2) of the Consumer Guarantees Act 1993, then the
Consumer Guarantees Act 1993 does not apply and that its non-application is fair
and reasonable.




(C) To the extent permitted by law, where the goods or services (as applicable)
are supplied in trade within the meaning of the Fair Trading Act 1986, the
parties agree to contract out of sections 9, 12A, 13, and 14(1) of that Act. 

 

(D) You agree and acknowledge that part 3 of the Contract and Commercial Law Act
2017 will not apply.

 

(E) You agree and acknowledge that you do not rely on the representations or
other conduct by DoorDash, including any of its officers, employees, and sales
representatives, whether during negotiations prior to these Terms being entered
into or at any time subsequent to the entry into the Agreement.




(iii) Cap on Liability (Australia and New Zealand Consumers). THIS SECTION
20(b)(iii) APPLIES TO AUSTRALIA AND NEW ZEALAND CONSUMERS. SUBJECT TO THE
NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
DOORDASH’S AGGREGATE LIABILITY UNDER ALL THEORIES OF LAW AND EQUITY (INCLUDING
NEGLIGENCE) SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS ACTUALLY PAID BY AND/OR
DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE
EVENT GIVING RISE TO SUCH CLAIM, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE
STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT
APPLY TO LIABILITY OF DOORDASH FOR (Y) DEATH OR PERSONAL INJURY CAUSED BY
DOORDASH’S NEGLIGENCE OR WILLFUL MISCONDUCT, OR (Z) ANY INJURY CAUSED BY
DOORDASH’S FRAUD OR FRAUDULENT MISREPRESENTATION.




(iv) Disclaimer of Certain Damages (Australia and New Zealand Consumers). THIS
SECTION 20(b)(iv) APPLIES TO AUSTRALIA AND NEW ZEALAND CONSUMERS. SUBJECT TO THE
NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
DOORDASH SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND
(INCLUDING PERSONAL INJURY OR LOSS OR CORRUPTION OF DATA, GOODWILL, REVENUE,
PROFITS, ANTICIPATED SAVINGS, USE, OR OTHER ECONOMIC ADVANTAGE), UNDER ANY
THEORIES OF LAW AND EQUITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT SUCH LOSS
OR DAMAGE WAS FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 6 AND 12, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, DOORDASH SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE,
OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS,
DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, OUR WEBSITES,
THE TECHNOLOGY, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR
INABILITY TO USE OUR WEBSITES, THE TECHNOLOGY, OR THE SERVICES, ANY RELIANCE
PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR
AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MERCHANT,
CONTRACTOR, ADVERTISER, OR SPONSOR WHOSE ADVERTISING APPEARS ON OUR WEBSITES OR
THE TECHNOLOGY, OR IS REFERRED BY THE TECHNOLOGY OR SERVICES, EVEN IF DOORDASH
AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.




21. Exclusive Venue




(a) United States Consumers. If you are a United States Consumer, to the extent
the parties are permitted under this Agreement to initiate litigation in a
court, both you and DoorDash agree that all claims and disputes arising out of
or relating in any way to the subject matter of the Agreement, to your access or
use of the Services as a User of the Services, to any advertising or marketing
communications regarding DoorDash or the Services, to any products or services
sold or distributed through the Services that you received as a User of our
Services, or to any aspect of your relationship or transactions with DoorDash as
a User of our Services (this includes, without limitation, any contract claim,
tort claim, statutory claim, or claim for unfair competition), will be litigated
exclusively in the state or federal courts located in San Francisco County if
you are a California citizen or resident, and in the United States District
Court for the District in which you reside if you are not a California citizen
or resident.




(b) Canada Consumers. If you are a Canada Consumer, except where prohibited by
applicable law (which includes the Province of Québec), to the extent the
parties are permitted under this Agreement to initiate litigation in a court,
both you and DoorDash agree that all claims and disputes arising out of or
relating to the Agreement will be litigated exclusively in the Superior Court of
Justice or Federal Court of Canada residing in Toronto, Ontario.




(c) Australia and New Zealand Consumers. If you are an Australia or New Zealand
Consumer, to the extent the parties are permitted under this Agreement to
initiate litigation in a court, both you and DoorDash irrevocably agree that all
claims and disputes arising out of or relating to the Agreement will be
litigated non-exclusively in: (i) for Australia Consumers, the state or federal
courts located in the State of Victoria, Australia and the Commonwealth of
Australia; and (ii) for New Zealand Consumers, the courts located in New
Zealand.




22. Termination




If you violate this Agreement, DoorDash may respond based on a number of factors
including, but not limited to, the egregiousness of your actions and whether a
pattern of harmful behavior exists.




In addition, at its sole discretion, DoorDash may modify or discontinue the
Technology or Services, or may modify, suspend, or terminate your access to the
Technology or the Services, for any reason, with or without notice to you and
without liability to you or any third party. Where required by law, which may
include in the Province of Québec, we will provide you with written notice of
the suspension or termination of your access to the Technology or the Services,
including of the reasons which led us to take such action. In addition to
suspending or terminating your access to the Technology or the Services,
DoorDash reserves the right to take appropriate legal action, including without
limitation, pursuing civil, criminal, or injunctive redress. Even after your
right to use the Technology or the Services is terminated, this Agreement will
remain enforceable against you. All provisions which by their nature should
survive to give effect to those provisions shall survive the termination of this
Agreement.




23. Procedure for Making Claims of Copyright Infringement




It is DoorDash’s policy to terminate membership privileges of any User who
repeatedly infringes copyright upon prompt notification to DoorDash by the
copyright owner or the copyright owner’s legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Services in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: (a) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (b) a description of the copyrighted work that you claim has
been infringed; (c) a description of the specific location on the Services of
the material that you claim is infringing, including enough information to allow
DoorDash to locate the material; (d) your address, telephone number, and email
address; (e) a written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law; and (f) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. This notice of a copyright
infringement claim should be sent to DoorDash’s Copyright Agent at the address
set forth below, based on the country in which the copyright owner primarily
resides or was formed:




 * United States: General Counsel, DoorDash, Inc., 303 2nd St., Suite 800 South,
   San Francisco, CA 94107
 * Canada: General Counsel, DoorDash Technologies Canada, Inc., 1066 West
   Hastings St., Suite 2000, Vancouver, BC V6E 3X2, Canada
 * Australia: General Counsel, DoorDash Technologies Australia Pty Ltd, Level
   15, 222 Exhibition St., Melbourne, VIC 3000, Australia
 * New Zealand: General Counsel, DoorDash Technologies New Zealand, Quigg
   Partners, Level 7, 36 Brandon St., Wellington, 6011, New Zealand




24. General




(a) No Joint Venture or Partnership. No joint venture, partnership, employment,
or agency relationship exists between you, DoorDash, or any third-party provider
as a result of this Agreement or use of the Technology or Services.




(b) Choice of Law. Without giving effect to any principles that provide for the
application of the law of any other jurisdiction, this Agreement is governed by
the laws of: (i) for United States Orders, the State of Delaware consistent with
the Federal Arbitration Act; (ii) for Canada Orders, and except where prohibited
by applicable law (which includes the Province of Québec), the Province of
Ontario and the laws of Canada applicable therein; (iii) for Australia Orders,
the State of Victoria, Australia; and (iv) for New Zealand Orders, New Zealand.




(c) Severability. Except as otherwise provided in this Agreement, if any
provision of this Agreement is found to be invalid or unenforceable under
applicable law, the invalidity or unenforceability of such provision shall not
affect the validity or enforceability of the remaining provisions of this
Agreement, which shall remain in full force and effect.




(d) Consumer Complaints. If you have a complaint about the Services, please
visit our Customer Support page. For United States Consumers who are residents
of the State of California, and in accordance with California Civil Code §
1789.3, you may also contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at
(800) 952-5210.




(e) Accessing and Downloading the Application from the Apple App Store. The
following applies to any Technology accessed through or downloaded from the
Apple App Store (an “App Store Sourced Application”):




(i) You acknowledge and agree that (A) the Agreement is concluded between you
and DoorDash only, and not Apple; and (B) DoorDash, not Apple, is solely
responsible for the App Store Sourced Application and content thereof. Your use
of the App Store Sourced Application must comply with the App Store Terms of
Service.




(ii) You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App Store Sourced
Application.




(iii) In the event of any failure of the App Store Sourced Application to
conform to any applicable warranty, you may notify Apple, and Apple will refund
the purchase price, if any, for the App Store Sourced Application to you and to
the fullest extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the App Store Sourced
Application. As between DoorDash and Apple, any other claims, losses,
liabilities, damages, costs, or expenses attributable to any failure to conform
to any warranty or condition will be the sole responsibility of DoorDash.




(iv) You and DoorDash acknowledge that, as between DoorDash and Apple, Apple is
not responsible for addressing any claims you have or any claims of any third
party relating to the App Store Sourced Application or your possession and use
of the App Store Sourced Application, including, but not limited to: (A) product
liability claims; (B) any claim that the App Store Sourced Application fails to
conform to any applicable legal or regulatory requirement; and (C) claims
arising under consumer protection or similar legislation.




(v) You and DoorDash acknowledge that, in the event of any third-party claim
that the App Store Sourced Application or your possession and use of that App
Store Sourced Application infringes that third party’s intellectual property
rights, as between DoorDash and Apple, DoorDash, not Apple, will be solely
responsible for the investigation, defense, settlement, and discharge of any
such intellectual property infringement claim to the extent required by this
Agreement.




(vi) You and DoorDash acknowledge and agree that Apple, and Apple’s
subsidiaries, are third-party beneficiaries of this Agreement as related to your
license of the App Store Sourced Application, and that, upon your acceptance
of this Agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this Agreement as related to your license of the
App Store Sourced Application against you as a third-party beneficiary thereof.




(vii) Without limiting any other terms of this Agreement, you must comply with
all applicable third-party terms of agreement when using the App Store Sourced
Application.




(f) Notice. Where DoorDash requires that you provide an email address, you are
responsible for providing DoorDash with your most current email address. In the
event that the last email address you provided to DoorDash is not valid, or for
any reason is not capable of delivering to you any notices required or permitted
by this Agreement, DoorDash’s dispatch of the email containing such notice will
nonetheless constitute effective notice. You agree that all agreements, notices,
disclosures, payment or renewal notifications, and other communications that
DoorDash provides to you electronically (such as through email or posting
through the Services, including in your DoorDash account) satisfy any legal
requirement that such communications be in writing or be delivered in a
particular manner. You agree that you have the ability to store such electronic
communications such that they remain accessible to you in an unchanged form. You
may give notice to DoorDash by visiting our Customer Support page and initiating
a chat with us. Such notice shall be deemed given on the next business day after
such notice is actually received by DoorDash.




(g) Transfer and Assignment. This Agreement, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by
DoorDash without restriction. Any attempted transfer or assignment in violation
hereof shall be null and void. This Agreement binds and inures to the benefit of
each party and the party’s successors and permitted assigns.




(h) Currency. Unless otherwise indicated, all prices and other amounts displayed
through the Services are in the currency of the jurisdiction where delivery or
pickup occurs.




(i) Use Only Where Legally Allowed. You shall not access or use any portion of
the 

Services if you are not legally allowed to do so where you are located.




(j) Subcontracting. DoorDash may subcontract any of its obligations under this
Agreement without your prior written consent.




(k) Variation of Websites or Technology. We may from time to time vary, modify,
or discontinue, temporarily or permanently, any or all of our websites or the
Technology.




(l) Language Versions. You acknowledge and agree that (i) the official language
of these Terms is English and French for Canada Consumers who reside in the
Province of Québec and English for all other consumers, (ii) any discrepancy or
conflict between the official language version and any other language version
will be resolved with reference to and by interpreting the official language
version, and (iii) any other language version that we may make available is
being provided only as a courtesy.




(m) Entire Agreement. This Agreement is the final, complete, and exclusive
agreement of the parties with respect to the subject matter hereof and
supersedes and merges all prior discussions between the parties with respect to
such subject matter. However, nothing in this Agreement shall supersede, amend,
or modify the terms of any separate agreement(s) between you and DoorDash
relating to your work as an employee or independent contractor, including,
without limitation, any Independent Contractor Agreement governing your efforts
as a Contractor.




25. Contact Information




DoorDash welcomes your questions or comments regarding this Agreement. Please
find our contact information below:




United States:

DoorDash, Inc.

303 2nd St, Suite 800

San Francisco, CA 94107

Customer Support

Telephone Number: +1 (855) 973-1040




Canada:

DoorDash Technologies Canada, Inc.

1055 West Hastings Street

Suite 1700

Vancouver BC V6E 2E9

Customer Support

Telephone Number: +1 (647) 957-7219




Australia:

DoorDash Technologies Australia Pty Ltd ACN 634 446 030

DoorDash Essentials Australia Pty Ltd ACN 647 941 053

Level 15

222 Exhibition Street

Melbourne, VIC 3000, Australia

Customer Support

Telephone Number: 1800 958 316




New Zealand:

DoorDash Technologies New Zealand NZCN 8252064

Quigg Partners

Level 7, 36 Brandon Street,

Wellington, 6011, New Zealand

Customer Support

Telephone Number: 64-800-001-188

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