Consumer Terms and Conditions - US - English (Section 12 - 14)
12. Payment Terms
(a) Prices & 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 plus goods and services tax (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 restocking 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 restocking 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 the DoorDash Terms and Conditions for Promotional Offers and Credits, 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. DoorDash reserves the right to modify or cancel an offer at any time. The DoorDash Terms and Conditions for Promotional Offers and Credits apply to all promotional offers. You agree that we may change the DoorDash Terms and Conditions for Promotional Offers and Credits at any time. DoorDash may also offer gratuitous credits, which can be used for the Services. 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. 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 redeemed through 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) Referral Program. DoorDash’s Referral Program Terms and Conditions are incorporated herein by reference. Under the referral program (“Referral Program”), DoorDash offers its registered Users in good standing the opportunity to earn gratuitous DoorDash credits as promotional rewards by inviting their eligible friends to register as new DoorDash Users and place their initial order through the Services by using a unique referral ID link (“Personal Link”). For each eligible referral generated through a User’s Personal Link, the User may receive a gratuitous credit as specified on DoorDash’s Referral Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time. If you do not agree to these changes, you should immediately cease participating in the Referral Program. Any credit issued by DoorDash under this Section 12(f) 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. 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 redeemed through that respective brand’s Services.
(g) Gift Cards. 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. Gift cards are governed by the following Gift Card Terms and Conditions, which are incorporated herein by reference:
(i) For gift cards purchased in United States dollars, see here.
(ii) For gift cards purchased in Canadian dollars, see here.
(iii) For gift cards purchased in Australian dollars, see here.
(iv) For gift cards purchased in New Zealand dollars, see here.
(h) SNAP/EBT (United States Orders but Excluding Puerto Rico Orders). This Section 12(h) 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.
(i) Invoice or Other Taxable Supply Information (Australia and New Zealand Orders). This Section 12(i) applies to Australia and New Zealand Orders. A tax invoice (or alternative taxable supply information if and when permitted to be issued under Australia 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).
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 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. 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 in the United States or Canada. 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 the DoorDash Terms and Conditions for Promotional Offers and Credits.
(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 the DoorDash Terms and Conditions for Promotional Offers and Credits 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 Subscription 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 the DoorDash Terms and Conditions for Promotional Offers and Credits as well as the following card-specific terms:
(B) Chase Sapphire® & 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 the DoorDash Terms and Conditions for Promotional Offers and Credits 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 the DoorDash Terms and Conditions for Promotional Offers and Credits. 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) 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.
(i) 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 that any and all claims between you and DoorDash be resolved by binding arbitration or in small claims court and, to the extent permitted by applicable law, 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 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 and Australian Consumers only:
(i) United States and Australia Consumers Only. You may assert claims in small claims court 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 [email protected], 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. 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 January 3, 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 January 3, 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 January 3, 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 [email protected]. 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 [email protected]. 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 8, 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. 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. 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. 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: [email protected]. 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.
