Merchant Terms of Service - CA - English - Flexible fullfillment addendum
Flexible Fulfillment Addendum Effective Date: 28 July 2022
This DoorDash Flexible Fulfillment Product Addendum (this “Flexible Fulfillment Addendum”) is incorporated into the Agreement. All capitalized terms used and not defined herein shall have the meanings ascribed to them in the Sign-Up Sheet, in this Flexible Fulfillment Addendum, or in the Terms of Service between the parties.
1. PREAMBLE. DoorDash (i) owns and operates the DoorDash Platform that connects merchants and Customers for Customers to place Orders for delivery fulfillment by Merchant (“Self-Delivery”), and (ii) provides certain website drafting, coding, integration, and implementation services and products related to DoorDash’s provision of an online ordering platform for merchants (“Storefront”). The “Merchant” listed above uses or will use DoorDash’s Self-Delivery and/or Storefront products. In connection with Self-Delivery and/or Storefront, Merchant desires to have the option to use DoorDash’s delivery facilitations services for Order delivery by Dashers for Orders originally placed for delivery by Merchant (“Flexible Fulfillment”).
2. FLEXIBLE FULFILLMENT.
2.1. Flexible Fulfillment. Flexible Fulfillment allows Merchant to designate Orders placed through DoorDash’s Self-Delivery and/or Storefront products that are intended to be delivered by Merchant or Merchant personnel to instead be re-routed for delivery fulfillment through DoorDash for delivery by Dashers.
2.2. Eligibility. Merchant shall have the option to use DoorDash’s Flexible Fulfillment product (i) for Self-Delivery of Orders placed through the DoorDash Platform, and (ii) for Storefront Orders (A) if Merchant uses Self-Delivery for Orders placed through the DoorDash Platform, or (B) if Merchant does not receive Orders through the DoorDash Platform. Notwithstanding the foregoing, DoorDash may later make available functionality that allows Merchant to toggle between self-delivery or Dasher delivery for Storefront Orders even if Merchant uses Dasher delivery for Orders placed on the DoorDash Platform.
2.3. DoorDash Responsibilities. If Merchant uses Flexible Fulfillment for any Order, DoorDash will: (a) receive Order requests for Flexible Fulfillment from Merchant; (b) forward requests to Dashers, so that Dashers can pick up Merchant Product(s) from the designated Merchant Location to deliver to Customers; (c) if applicable, provide any Merchant Customer tips to Dashers; and (d) update Merchant on the status of Orders.
2.4. Merchant Responsibilities. If Merchant uses Flexible Fulfillment, Merchant will: (a) as applicable, provide information required for DoorDash to fulfill its obligations under this Flexible Fulfillment Addendum (including the Merchant Customer’s address, contact information, and any special instructions required for delivery); (b) if Flexible Fulfillment is used for Storefront Orders, make all necessary notifications to Merchant Customers and collect any necessary consents required under applicable legislation which relates to the privacy or protection or processing of Personal Information from Merchant Customers to share their Personal Information (such as their telephone numbers and other personal contact information) with third party service providers such as DoorDash (if a reference to third party service providers complies with Applicable Law; if not, a specific reference to DoorDash) and for DoorDash to use such Merchant Customer Personal Information to fulfill its obligations under this Flexible Fulfillment Addendum; and (c) use commercially reasonable efforts to ensure the Merchant Products are available for pick up at the quoted time. If DoorDash provides status updates or delivery confirmations for Orders via text message or email confirmations, Merchant hereby consents to receiving text messages and email confirmations from DoorDash in connection with each Order.
2.5. Refunds. The Fee for a Flexible Fulfillment Order canceled after a Dasher has been dispatched is non-refundable. Merchant shall be responsible for Customer complaints and/or refunds in accordance with the terms of Merchant’s Self-Delivery and/or Storefront agreement with DoorDash, as applicable.
3. FEES. DoorDash shall receive a Flexible Fulfillment Fee in exchange for receiving the Flexible Fulfillment services plus applicable taxes thereon. The Flexible Fulfillment Fee for Flexible Fulfillment Orders is set forth on the cover page of this Flexible Fulfillment Addendum or on the Rate Card, as applicable. The Flexible Fulfillment Fee will be in addition to, as applicable, the Self-Delivery Commission Rate or the Storefront payment processing fees charged to Merchant. Merchant acknowledges that DoorDash is continuously analyzing the performance and evolution of the Flexible Fulfillment services and may find it necessary to adjust certain economic terms of the program from time to time to account for product changes. Accordingly, Merchant agrees that DoorDash may update the Flexible Fulfillment Fee and/or the pricing structure of Flexible Fulfillment by providing Merchant with reasonable advance notice and the opportunity to opt out of Flexible Fulfillment prior to the effective date of such updates. In the event of a change pertaining to independent contractors or the delivery of certain goods (or enforcement thereof) that increases costs for DoorDash’s business, DoorDash may, with 15 days’ written notice, pass through fees to Merchant generated directly as a result of such change in law in the affected jurisdiction(s) on Flexible Fulfillment Orders; provided that Merchant may terminate this Flexible Fulfillment Addendum in part with respect to the affected jurisdiction by providing DoorDash with 15 days’ written notice from the date of DoorDash’s notice.
4. Taxes. Merchant is responsible for all taxes, duties and other governmental charges on the sale of Merchant Products, and remitting such taxes, duties and other governmental charges to the appropriate authorities. Merchant is responsible for paying all taxes duties and other governmental charges imposed on Fees charged by DoorDash under this Agreement including, for example, value-added, goods and services, harmonized sales, provincial sales, transaction, transfer, excise, or withholding taxes.
5. TERM AND TERMINATION. This Flexible Fulfillment Addendum may be terminated pursuant to the terms of the Terms of Service. If either Party terminates the Self-Delivery Addendum or Storefront Addendum, as applicable, this Flexible Fulfillment Addendum shall automatically terminate in whole or in part with respect to the terminated applicable DoorDash Product.
