Merchant Terms of Service - NZ - English (Section 10 - 16)
10. CONFIDENTIALITY.
10.1. Precedence. The terms of this Section 10 supersede any non-disclosure or confidentiality agreement entered into by the Parties prior to the Effective Date of this Agreement.
10.2. Includes. Confidential Information includes information about the Discloser’s business, including product designs, product plans, software and technology, financial information, marketing plans, business opportunities, pricing information, discounts, inventions, and know-how, to the extent disclosed to the Recipient hereunder, and all other information that the Recipient knew, or reasonably should have known, was Confidential Information of the Discloser. Confidential Information also includes the terms and conditions of this Agreement and the existence of the discussions between the Parties. Confidential Information includes trade secrets as defined under applicable law (which includes the Uniform Trade Secrets Act).
10.3. Does Not Include. Confidential Information does not include information that: (a) is independently developed; (b) is or becomes public knowledge through no breach of this Agreement; or (c) is received from a third party under circumstances that do not create a reasonable suspicion that such information has been misappropriated or improperly disclosed.
10.4. Recipient Obligations. The Recipient shall: (a) use Confidential Information only as necessary to perform its obligations and/or exercise its rights under this Agreement; (b) hold Confidential Information in strict confidence and take reasonable precautions to protect such Confidential Information (including, without limitation, all precautions Recipient employs with respect to its own confidential materials); (c) not divulge any Confidential Information to any third party except as provided herein; and (d) not copy or reverse engineer any materials disclosed under this Agreement, or remove any proprietary markings from any Confidential Information.
10.5. Recipient Personnel. The Discloser acknowledges that the Recipient’s Personnel may have access to the Discloser’s Confidential Information. Any such Recipient Personnel given access to any Confidential Information must have a legitimate “need to know,” and the Recipient shall remain responsible for Recipient Personnel’s compliance with the terms of this Agreement.
10.6. Disclosure of Confidential Information. A Recipient may disclose Confidential Information as compelled by a court or regulator of competent authority, provided that the Recipient provides the Discloser with prompt written notice of such request, to the extent such notice is legally permissible and reasonably practicable.
11. DATA PRIVACY AND SECURITY.
11.1. Any additional data privacy and security terms required in order to comply with the privacy regulations applicable to the Parties’ partnership in other countries may be set forth in the applicable Product Addendum. The Recipient will establish, maintain, and implement an information security program, including appropriate administrative, technical, organizational, and physical safeguards, that are designed to: (a) ensure the security and confidentiality of Personal Information provided by the Discloser; (b) protect against threats or hazards to the security or integrity of such Personal Information; (c) protect against unauthorized access to or use of such Personal Information; and (d) ensure the proper disposal or destruction of such Personal Information. Each Party shall at all times comply with applicable data privacy and security Laws. If the Recipient becomes aware of any unauthorized access to or loss of Personal Information, it shall promptly report such incident to the Discloser and take appropriate remedial actions.
11.2. To the extent that DoorDash Data includes any Personal Information, the Merchant agrees:
(a) not to access, collect, store, retain, transfer, use or otherwise process in any manner the DoorDash Data other than as permitted by this Agreement or otherwise permitted by law;
(b) not to access, collect, store, retain, transfer, use or otherwise process in any manner the DoorDash Data for Merchant’s own purposes;
(c) not to disclose the DoorDash Data to any person except as permitted by this Agreement or required by law;
(d) to only process DoorDash Data to the extent reasonably necessary for lawful purposes connected with this Agreement and to ensure that its methods of processing are fair, lawful and do not unreasonably intrude on the affairs of any individual;
(e) if Merchant becomes aware or reasonably suspects any unauthorised or unlawful processing of, or any accidental loss, damage, destruction, alteration of or disclosure of the DoorDash Data, including any security incident, (“Breach”) Merchant will:
(i) immediately (and in any event no later than 24 hours after becoming aware of the Breach) report the Breach to DoorDash;
(ii) provide DoorDash with all reasonable assistance to enable DoorDash to comply with its legal obligations in respect of the Breach (including in making any necessary notifications to regulatory authorities and/or affected individuals);
(iii) cooperate in any investigations or enquiries of the Breach by any regulatory authority or law enforcement agency; and
(iv) take such actions to mitigate the Breach and, at its own cost, cooperate in investigating and mitigating the effects of the same;
(f) not transfer the DoorDash Data outside of New Zealand without DoorDash’s prior written consent;
(g) notify DoorDash if the Merchant receives a request from an individual to exercise the individual’s rights under the Privacy Act 2020 to access and/or correct their personal information and provide reasonable assistance in responding to each such access or correction request;
(h) not retain the DoorDash Data for longer than is needed to fulfil the purpose for which it was provided;
(i) to comply at all times with applicable data privacy and security Laws, including the Privacy Act 2020; and;
(j) Merchant will ensure that any subcontractor, subprocessor, or other third party processing DoorDash Data (a “Subprocessor”) on the Merchant’s behalf is aware of, and has agreed for the benefit of, and enforceable by both the Merchant and DoorDash for the purposes of Part 2, Subpart 1 of the Contract and Commercial Law Act 2017, to comply fully with all of the Merchant’s obligations under this clause, provided that the Merchant will at all times remain primarily liable to DoorDash for all of that Subprocessor's acts and omissions and DoorDash will not be deemed to have accepted any liability to any Subprocessor, or to have released the Merchant from any liability under this clause, by reason of the Merchant having appointed any Subprocessor under this clause.
12. INSURANCE.
12.1. General. The insurance amounts indicated are minimum requirements and not limits of liability, and they are not to be construed as a Party’s consent to substitute its financial liability in excess of the amounts provided in Section 9.
12.2. Minimum Requirements.
12.2.1. For Merchants with greater than $1,500,000.00 in annual sales across all DoorDash Product(s), each Party will maintain at its sole cost and expense: (a) commercial general liability insurance, including product liability, and excess liability endorsements of $1,500,000.00 per occurrence; (b) cybersecurity insurance up to $3,000,000.00 per claim and in the aggregate; and (c) umbrella/excess liability insurance up to $7,500,000.00 and in the aggregate.
12.2.2. For Merchants with less than $1,500,000.00 in annual sales across all DoorDash Product(s), each Party will maintain at its sole cost and expense: (a) commercial general liability insurance, including product liability, and excess liability endorsements of $1,500,000.00 per occurrence; (b) cybersecurity insurance up to $1,500,000.00 per claim and in the aggregate; and (c) umbrella/excess liability insurance up to $3,000,000.00 and in the aggregate.
12.3. DoorDash Requirements. In addition, DoorDash will maintain automobile liability insurance covering DoorDash and Dashers (regardless of whether the vehicles driven by such Dashers are owned by DoorDash, Dashers or a third party) of $1,000,000.00 per occurrence. DoorDash will require all Dashers to maintain a current and valid automobile insurance policy with limits of liability at least equal to any minimum limits of liability required under Law.
12.4. Coverage. The policy limits stated above may be met in the form of primary and umbrella/excess coverage. Such insurance is primary and not contributory with the other Party’s insurance.
13. GOVERNING LAW, ARBITRATION, CONSOLIDATED ACTIONS WAIVER.
13.1. Governing Law and Arbitration. This Agreement is governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to this Agreement. To the extent relevant, the parties agree that the provisions of the United Nations Convention on Contracts for the International Sales of Goods will not apply to this Agreement.
13.2. Arbitration Agreement. Any Dispute shall be finally resolved by binding arbitration except claims: (a) in small claims court, so long as the matter advances only on an individual (non-class, non-representative) basis; and (b) for injunctive relief arising out of the infringement or other misuse of intellectual property rights (such as a Party’s Marks or DoorDash IP). Any reference to arbitration under this clause will be deemed a submission to arbitration within the meaning of the Arbitration Act 1996. The Parties further agree that any and all arbitration proceedings, including any discovery, hearings and rulings, shall be confidential to the fullest extent permitted by Law provided that if the parties involved in any Dispute are unable to agree on an arbitrator within five (5) business days after delivery by one party to the other of any written notice setting out the Dispute and requiring the matter in Dispute to be referred to arbitration by a single arbitrator in accordance with this clause, either party may by written notice request that an arbitrator be appointed by the President of the New Zealand Law Society, whose appointment will be binding on the parties. Judgment on the resulting award may be entered in any court having jurisdiction. This arbitration agreement explicitly supersedes any and all different or contradictory terms included in the Agreement. This arbitration agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement, and explicitly supersedes any and all different or contradictory terms included in the Agreement.
13.3. Consolidated Actions Waiver. To the extent allowed by Law, separate and apart from Section 13.2, Merchant agrees that any proceeding to litigate in court any Dispute arising out of or relating to this Agreement will be conducted solely on an individual basis, and Merchant agrees not to seek to have any controversy, claim or Dispute heard as on a class, representative, or collective basis (“Consolidated Actions Waiver”). Merchant further agrees that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all Parties to any such proceeding. The enforceability of this Consolidated Actions Waiver shall only be determined by a court of competent jurisdiction. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void, or voidable with respect to a particular claim or Dispute, then all such claims or Disputes will be resolved in court, after the conclusion of the arbitration of any arbitrable claims or Disputes, and the remainder of this Section 13.3 shall remain in full force and effect. The Parties also waive the right to bring any claims for public injunctive relief. If, however, this waiver of public injunctive relief claims is deemed invalid or unenforceable with respect to a particular claim or Dispute, then all such claims and Disputes will then be resolved in arbitration.
13.4. Fees. In the event of any Dispute, the Party prevailing in such Dispute shall be entitled to collect from the other Party all costs incurred in such Dispute, including administrative, attorneys’ fees, costs of collection, and filing fees and the arbitrator’s fees and costs.
14. MISCELLANEOUS.
14.1. Relationship of the Parties. Notwithstanding any provision herein to the contrary, each Party is an independent contractor with respect to its performance of its obligations hereunder. Nothing contained herein is deemed to create the relationship of partnership, principal, and agent, or joint venture between the Parties. Neither Party has any right or authority to incur obligations of any kind in the name of, or for the account of, the other Party nor to commit or bind the other Party to any contract or other obligation. Under no circumstances is either Party considered to be, nor will either Party hold itself out as, an employee, agent, franchisee, or joint venturer of the other Party.
14.2. Regulatory Fees. If there is a Change in Law, DoorDash may pass through such fees and/or costs generated as a result of the Change in Law to Merchant in the affected jurisdiction(s) with 15 days’ written notice. Merchant may terminate this Agreement in part with respect to the affected jurisdiction by providing DoorDash with 15 days’ written notice from the date of DoorDash’s notice. Notwithstanding the foregoing, either Party may exercise its termination rights hereunder, either in whole or in part as it pertains to the affected store or jurisdiction.
14.3. Partner Code of Conduct. Merchant will comply with the version of the Partner Code of Conduct published as of the Effective Date at the following hyperlink: https://www.doordash.com/partner/code-of-conduct, or such other internal code of conduct in effect with Merchant, that Merchant affirms substantially conforms with the Partner Code of Conduct. DoorDash shall also comply with the Partner Code of Conduct.
14.4. Counterparts. This Agreement may be executed in one or more counterparts and signed copies may be delivered by email, in which event, each of which is deemed an original, and all of which together constitute one agreement.
14.5. Entire Agreement. This Agreement represents the entire agreement between DoorDash and Merchant with respect to the subject matter hereof, and supersedes all prior agreements with respect to the subject matter hereof.
14.6. No Waiver. No amendment to, or waiver of, any provision of this Agreement will be effective unless in writing and signed by both Parties. The waiver by any Party of any breach or default will not constitute a waiver of any different or subsequent breach or default.
14.7. Assignment. Neither Party may assign this Agreement, or any of its rights or obligations under this Agreement, without the prior written consent of the other Party, which consent may not be unreasonably withheld, and any attempted assignment without such consent will be void; provided that either Party may assign this Agreement without such consent, to an Affiliate, or in connection with any merger, consolidation, sale of all or substantially all of the assigning Party’s assets, or any other similar transaction. Subject to the foregoing in this Section 14.7, this Agreement will be binding upon, and inure to the benefit of, the permitted successors and assigns of each Party. This Agreement will not confer any rights or remedies upon any person other than the Parties, their respective successors, and permitted assigns.
14.8. Enforcement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
14.9. Notices. Legal notices to either Party shall be sent to the applicable address on the first page of the Sign-Up Sheet, or such other address as the Party communicates in writing.
14.10. Promotional Programs; Future Program Changes. This Section 14.10 applies only if Merchant operates a franchisee or similar structure.
14.10.1. Future Program Changes. From time to time during the Term, Merchant and DoorDash may desire to implement efficient enrollment processes that will enable Eligible Franchisees to participate in new DoorDash products, promotions or services and/or effect changes to the commercial terms pursuant to which DoorDash provides its services to such Eligible Franchisees (“Future Program Changes”).
14.10.2. To the extent that Merchant is responsible for enrolling Eligible Franchisees to Future Program Changes, DoorDash agrees that Merchant may do so in the form of an opt-in, an opt-out, or similar mass sign-up system (“Enrollment Protocol”), provided that Merchant shall administer such Enrollment Protocol in compliance with Law and pursuant to its franchise Product Addendums with the Eligible Franchisees. Furthermore, Merchant agrees to defend, indemnify, and hold DoorDash harmless from and against Losses with respect to claims of Eligible Franchisees arising out of or related to the Enrollment Protocol or the enrollment of such Eligible Franchisee to the Future Program Changes.
14.10.3. To the extent that DoorDash is responsible for enrolling Eligible Franchisees to Future Program Changes, Merchant agrees that DoorDash may do so in the form of an Enrollment Protocol, provided that DoorDash shall administer such Enrollment Protocol in compliance with Law. Furthermore, DoorDash agrees to defend, indemnify, and hold Merchant harmless from and against Losses with respect to claims of Eligible Franchisees arising out of or related to the Enrollment Protocol or for DoorDash’s error during the enrollment of such Eligible Franchisee to the Future Program Changes.
14.11. Franchisees. This Section 14.11 applies only if Merchant operates a franchisee or similar structure. Merchant’s Eligible Franchisees may use certain DoorDash Products hereunder pursuant to the terms and conditions of this Agreement, provided that: (a) Merchant has executed the requisite Product Addenda; and (b) the individual franchisee enters into an agreement in substantially the same form as the Franchisee Agreement attached to this Agreement as Exhibit A. For purposes of the Agreement, an “Eligible Franchisee” means a franchisee of Merchant that has signed the Franchisee Agreement. Merchant shall indemnify, defend, and hold DoorDash harmless against any third-party suits, fees, costs or expenses resulting from a dispute between Merchant and any of Merchant’s Franchisees relating to or arising from conduct of the Merchant (including former Franchisees). DoorDash acknowledges that Merchant is not responsible or liable for any Eligible Franchisee’s acts, omissions or performance, including an Eligible Franchisee’s payment obligations, under the Franchisee Agreement or other agreement between DoorDash and Eligible Franchisee. In Sections 2 (Operating Procedures), 3 (Payments), 4 (Taxes), 5.1 (Use of DoorDash Products), and 5.2 (DoorDash Product Restrictions), “Merchant” shall be replaced with “Eligible Franchisee.” In Sections 6 (Term and Termination), 7 (Representations and Warranties), 8 (Indemnification), 10 (Confidentiality), 11 (Data Privacy and Security), and 12 (Insurance) “Merchant” shall be replaced with “Merchant and Eligible Franchisee”.
14.12. Partner Code of Conduct. Merchant agrees to comply with the Partner Code of Conduct (https://help.doordash.com/s/partner-code-of-conduct-nz) which may be updated by DoorDash from time to time.
14.13. No relationship. Other than as provided for in the Section 14.11, no obligation or other legal relationship is created between DoorDash and an Eligible Franchisee by this Agreement, other than, in the case of an Eligible Franchisee, by virtue of the Franchisee Agreement. This agreement does not confer any right, benefit or privilege on any such Eligible Franchisee or any other person.
14.14. Tipping. The Parties acknowledge and agree that tips are not customary in New Zealand and any tip requirements provided for in the Agreement will only apply to the extent tips are implemented.
15. ADDITIONAL TERMS FOR NON-ENTERPRISE MERCHANTS.
15.1. Fees.
15.1.1. DoorDash shall be entitled to deduct from such payments DoorDash’s Commission, marketing fees (for identifiable orders), Activation Fees, subscription fees, and any other fees which DoorDash may notify you regarding with at least 7 days’ advance written notice.
15.1.2. To the extent that a third party provider provides services to Merchant on basis of an agreement between third party provider and Merchant via the Platform (for example, a middleware provider) and charges fees to DoorDash, DoorDash may pass through such third party’s fees to Merchant.
15.1.3. Merchant agrees, on an ongoing basis, to review and confirm its transactions, fees and charges on orders and invoices and via the Merchant Portal, and to promptly communicate to DoorDash in writing (email shall suffice for written notice) any claimed inaccuracies, so that DoorDash has the prompt opportunity to address and resolve any issues and so such issues do not persist, which DoorDash and Merchant agree is in the best interests of both parties and their commercial relationship. Merchant agrees to communicate to DoorDash any disagreement, non-conformity or any issue with any transaction, fee, charge or order, including in connection with fraudulent transactions or payments, within 14 days of the transaction, fee or order.
15.2. Premier Plan Rebate. If DoorDash offers Merchant a Premier Plan then, as part of such Premier Plan, DoorDash will make available a feature to eligible Merchants where DoorDash will refund a Merchant’s commission fees for a given month if the Merchant completed less than 20 orders during such month (the “Premier Plan Rebate”). In order to qualify for the Premier Plan Rebate for a given month, Merchants must (1) have a Commission Rate higher than 28%, (2) sign up for the Premier Plan via the Sign-Up Sheet, (3) cancel fewer than 5 orders during the month, and (4) maintain "open hours" on DoorDash at least for 90% of the store hours the Merchant has set on the Merchant Portal. DoorDash may cancel the Premier Plan upon seven (7) days’ prior notice at its discretion.
16. DEFINITIONS. Note that certain terms may not appear in these Terms of Service but may appear in the Sign-Up Sheet, Rate Card, or a Product Addendum.
16.1. “Affiliate” means an entity controlled by, controlling or under common control with a Party.
16.2. “Change in Law” means a material change in (or change in enforcement thereof) Law, labor standard or unionization pertaining to independent contractors and/or the delivery of goods.
16.3. “Commission” means the fee DoorDash charges Merchant for an Order, which is calculated by multiplying (i) the applicable Commission Rate by (ii) the subtotal inclusive of GST for the Merchant Products ordered by the Customer.
16.4. “Commission Rate” means the percentage, indicated in the Rate Card for the applicable DoorDash Product, that DoorDash shall charge Merchant on each Order.
16.5. “Confidential Information” means all confidential, proprietary, or nonpublic information provided by the Discloser to the Recipient that a reasonable industry participant would deem to be confidential, as further described in Section 10.
16.6. “Customer” means “DoorDash Customer” and “Merchant Customer” collectively or individually, as the context requires.
16.7. “Dasher” means a person contracted by DoorDash to perform the applicable services.
16.8. “DashPass” means DoorDash’s subscription program for DoorDash Customers pursuant to which DoorDash Customers will receive $0 delivery fees and reduced service fees on qualifying Orders placed with participating Merchant Locations on the applicable DoorDash Product. In order to continue to qualify for DashPass inclusion, Merchant and/or Merchant Locations may be required to meet and maintain certain additional eligibility requirements as communicated by DoorDash. Merchant acknowledges that the terms of participation in DashPass do not conflict with, or result in a breach of, any previously existing agreements or terms to which Merchant may be bound.
16.9. “Delivery Order” means an Order that is delivered by a Dasher.
16.10. “Discloser” means the Party disclosing Confidential Information.
16.11. “Dispute” means any dispute, claim or controversy arising out of, relating to, or in connection with this Agreement, including the breach, termination, enforcement, interpretation or validity thereof (as well as the determination of the formation, scope, or applicability of the arbitration agreement in Section 13) or the relationship between the Parties, their affiliates and subsidiaries, and each of their respective owners, directors, managers, and personnel.
16.12. “DoorDash Customer” means the end user accessing the DoorDash Product to place an Order.
16.13. “DoorDash Data” means any information that DoorDash provides or makes accessible to Merchant, including Personal Information.
16.14. “DoorDash IP” includes all patents, patent applications, inventions, copyrights, trade secrets, Marks, ideas, images (including descriptions of such images), domain names, and any and all other works and materials developed by DoorDash (including all intellectual property rights therein and thereto), and similar rights owned by DoorDash that are embodied in the DoorDash Product or any other DoorDash technology or platform.
16.15. “DoorDash Product” means the DoorDash technology that Merchant accesses or DoorDash provides, as defined in the applicable Product Addendum, in each case, that will allow information to be exchanged between Merchant (which may include Merchant Applications and/or a Third Party Platform) and DoorDash. References to the “DoorDash Product” include the DoorDash Product Documentation.
16.16. “DoorDash Product Documentation” means documentation, specifications, and other materials (whether written or electronic) that describe the operation or function of a DoorDash Product.
16.17. “Exclusive Platform” means that the DoorDash Platform is the Merchant’s exclusive third-party food ordering and/or delivery provider or platform.
16.18. “Fee” means the fee or commission rate indicated in the Rate Card for the applicable DoorDash Product, plus all tips paid by Customer, and may include separate fees for different Order types, if applicable.
16.19. “Feedback” means any comments, suggestions, or ideas for improvement regarding the DoorDash Product or the DoorDash Product Documentation, or Merchant’s evaluation and use thereof.
16.20. “GST” means goods and services tax charged under the GST Act at the rate prevailing from time to time.
16.21. “GST Act” means the Goods and Services Tax Act 1985.
16.22. “including” means “including without limitation”.
16.23. “Indemnified Party” means the Party entitled to or seeking indemnification, pursuant to the terms of this Agreement, and its affiliates, respective officers, directors, shareholders, Personnel, successors, and permitted assigns.
16.24. “Indemnifying Party” means the Party indemnifying the other Party pursuant to the terms of this Agreement.
16.25. “Law” means all laws, statutes, ordinances, rules, regulations, permits, certificates, judgments, decisions, decrees, or orders of any governmental authority applicable to the referenced Party.
16.26. “Licensee” means the Party receiving the license described in Section 5.
16.27. “Licensor” means the Party granting the license described in Section 5. As it pertains to DoorDash, an Affiliate of DoorDash may be considered a “Licensor” hereunder.
16.28. “Losses” means the resulting judgments, fines, settlements, court costs, and attorneys’ fees that are incurred by the Indemnified Party, in each case finally awarded by a court of competent jurisdiction.
16.29. “Marks” means the corporate names, trade names, trademarks, service marks, and logos (including third-party marks to which the Licensor has rights and uses in its business). This includes “DOORDASH”, “DASHER” , “DASHMART”, “”, and “” marks, as well as any successor marks or designations.
16.30. “Merchant Application” means the software and/or system(s) that are used by Merchant (if any) to provide digital order solutions and services to Customers generally, including Merchant’s website.
16.31. “Merchant Content” includes, without limitation, menus, photographs (either provided by Merchant or on Merchant’s website), business information and Merchant Product descriptions (either provided by Merchant or on Merchant’s website), trademarks, logos, Merchant name, location, url, phone number, and other materials provided by Merchant to DoorDash.
16.32. “Merchant Customer” means the Customer accessing the Merchant Application(s) to place an Order.
16.33. “Merchant Location” means the Merchant store, location, warehouse, or restaurant that are within the territory serviced by DoorDash and includes: (a) Merchant Locations owned and operated by Merchant and/or its affiliates, and/or (b) Merchant Locations owned and operated by franchisees of Merchant or its affiliates which have signed the Franchisee Agreement.
16.34. “Merchant Portal” means the portal made available by DoorDash to Merchant which provides Merchant with Order sales information and other functionality in connection with Merchant’s relationship with DoorDash. For purposes of the Agreement, the Merchant Portal is a DoorDash Product.
16.35. “Merchant Product” means the products (e.g., food, beverages, groceries, retail items, etc.) prepared, distributed, or sold by Merchant.
16.36. “Personnel” means a Party’s employees, agents, contractors, or subcontractors.
16.37. “Personal Information” has the meaning given to that term set out in the Privacy Act 2020.
16.38. “Order” means Delivery Orders and Pick Up Orders collectively.
16.39. “Order Equipment” means any equipment reasonably required by DoorDash for Merchant to receive, process and accept Orders (including a tablet or other technology capable of receiving Orders).
16.40. “Party” means DoorDash or Merchant, as the context requires.
16.41. “Personal Information” means any information that (a) relates to an identified or identifiable natural person (including names, telephone numbers, addresses, signatures, email addresses, and/or other unique identifiers); or (b) that can reasonably be used to identify or authenticate an individual, directly or indirectly (including name, contact information, precise location information, access credentials, persistent identifiers, and any information that may be considered ‘personal data’ or ‘personal information’ under applicable law, including, if applicable, the General Data Protection Regulation (GDPR)), which is collected and/or handled by any of the Parties in connection with this Agreement.
16.42. “Pick Up Order” means an Order that the Customer picks up at the Merchant Location, instead of being delivered by a Dasher.
16.43. “Product Addendum” means an addendum to this Agreement that describes the DoorDash Product that Merchant accesses pursuant to the terms herein.
16.44. “Rate Card” means the schedule that details the rates and fees that Merchant shall pay for the DoorDash Product(s) that Merchant opts into and/or uses.
16.45. “Recipient” means the Party receiving Confidential Information.
16.46. “Scheduled Order” means an Order that the Customer or Merchant indicates should be delivered at some point in the future.
16.47. “Term” means the period from the Effective Date until the date of termination.
16.48. “Third Party Platform” means a third party’s technology interface, such as a middleware technology platform, other than the DoorDash Product and Merchant Applications, that enables Merchant to request delivery fulfillment and/or provide information necessary to enable such delivery fulfillment.
16.49. “Unattended Order” means an Order that the Dasher leaves at the Customer’s front door or similar location.
16.50. “Weblink” means a link from Merchant’s website through an “order now” button that directs traffic to the Merchant Location online ordering page on the DoorDash Product.
