New Zealand Drive Product Addendum

Drive Addendum Effective Date: 22 January 2022

This DoorDash Drive Product Addendum (the “Drive 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 Drive Addendum, or in the Terms of Service between the Parties.

1. PREAMBLE. DoorDash provides a suite of products, services, and technology solutions to enable merchants to grow their businesses, including DoorDash Drive. Merchants are restaurants, grocery stores, and businesses that sell products to consumers. DoorDash and Merchant wish to enter into a partnership pursuant to the terms set forth in this Drive Addendum. This Drive Addendum applies to all Merchant Locations owned or operated by Merchant, unless excluded in an attached exhibit or mutually agreed in writing.

2. OPERATING PROCEDURES.

2.1. DoorDash Responsibilities. During the Term, DoorDash will: (a) provide Merchant with access to DoorDash Drive to exchange information, via the Merchant Application, DoorDash’s online order form, DoorDash’s application programming interface (API), and/or a Third Party Platform; (b) forward requests to Dashers, so that Dashers can pick up Merchant Product(s) from the designated Merchant Location to deliver to Merchant Customers; (c) if applicable, provide any Merchant Customer tips to Dashers; and (d) update Merchant on the status of Orders.

2.2. Merchant Responsibilities. During the Term, Merchant will: (a) provide information required for DoorDash to fulfil its obligations under this Drive Addendum including the Merchant Customer’s address, contact information, and any special instructions required for delivery via the Merchant Application, DoorDash’s online order form, the Delivery API, and/or a Third Party Platform; (b) accept and collect payments from Merchant Customers for their Orders; (c) collect consent from Merchant Customers to share 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 fulfil its obligations under this Drive Addendum; (d) use commercially reasonable efforts to ensure the Merchant Products are available for pick up at the quoted time; and (e) if Merchant is also on the DoorDash Marketplace, not charge Customers more on the DoorDash Marketplace than Merchant charges in the Merchant Application(s). Merchant hereby consents to receiving text messages and email confirmations from DoorDash providing status updates and delivery confirmations in connection with each Order. Merchant shall specify in its Merchant Customer Terms that title to Merchant Products transfers from Merchant directly to the Merchant Customer once the Merchant Product leaves the physical possession of the Merchant.

3. PAYMENTS.

3.1. Fees. DoorDash shall invoice Merchant for the applicable Fees set forth in the Rate Card on a monthly basis. Payment for each invoice shall be due 15 days from DoorDash’s delivery of such invoice.

3.2. Tips. Unless otherwise agreed to by the parties, Merchant will enable a minimum 15% pre-selected tip for orders sent via DoorDash Drive. The tip amount will be passed directly to DoorDash to pass directly to Dashers.

3.3. Refunds. The Fee for an Order cancelled after a Dasher has been dispatched is non-refundable. Merchant shall be solely responsible for any Merchant Customer complaints regarding Merchant Product(s), including without limitation, complaints regarding the nature, quality, content, number, or packaging of Merchant Product(s). Any complaints regarding the timeliness or quality of a Dasher’s delivery service shall be reported by Merchant to DoorDash. If Merchant elects to refund a Customer for any reason, such election shall not automatically obligate DoorDash to provide a corresponding reimbursement to Merchant.

3.4. Unattended Orders. Merchant has the option to enable Unattended Orders. If Merchant has Unattended Orders enabled, DoorDash will leave the Order at the delivery address, a signature will not be obtained, and DoorDash’s record showing a completed delivery shall be conclusive proof that the delivery was completed. Unattended Orders are provided solely at Merchant’s risk, and DoorDash will not be liable for any damages arising from an Unattended Order. Merchant may refer to the Refunds Matrix for specific scenarios. This section may not apply with regard to sales of alcohol products, if the applicable jurisdiction does not allow for Unattended Orders.

3.5. 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, GST or any other similar taxes.

4. LICENSE. During the Term of this Drive Addendum, Merchant grants to DoorDash a non-exclusive, royalty-free, non-assignable, non-transferable, non-sublicensable, revocable, limited, and fully paid-up license to access the Merchant Application and Merchant Customer Data solely to transmit information to facilitate Delivery Orders in accordance with the terms of this Drive Addendum. Merchant is responsible for securing the third-party rights (if any) that Merchant needs to affect this paragraph.

5. TERM AND TERMINATION. This Drive Addendum may be terminated pursuant to the terms of the Terms of Service.

6. DEFINITIONS.

6.1. “DoorDash Drive” means DoorDash’s white label delivery product whereby Merchant can send Merchant Customer Orders to DoorDash’s application interface and/or other software, and is considered a “DoorDash Product” as defined in the Terms of Service.