Consumer Terms and Conditions - US - English (Section 15 - 26)
15. Third-Party Interactions
(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites, (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click or tap on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, DoorDash will not warn you that you have left DoorDash’s website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of DoorDash. DoorDash is not responsible for any Third-Party Websites & Advertisements. DoorDash provides links to these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(b) App Stores. You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and DoorDash and not with the App Store. DoorDash, not the App Store, is solely responsible for the Technology and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement). In order to use the Technology and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Technology or the Services. You agree to comply with, and your license to use the Technology and the Services is conditioned upon your compliance with, all applicable third-party terms or agreements (for example, the App Store’s terms and policies) when using the Technology or the Services. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or similar laws of other countries where applicable, or that has been designated by the United States or Canadian Government as a “terrorist supporting” country, and you represent and warrant that you are not listed on any United States or Canadian Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
16. Social Media Guidelines
DoorDash maintains certain social media pages for the benefit of the DoorDash community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.
17. Transactions Involving Alcohol and Other Age-Restricted Products
You may have the option to request delivery or pickup of alcohol products in some locations and from certain Merchants. You agree that you will only order alcohol products if you, the intended recipient, and anyone who may consume the alcohol products are of legal age to purchase and consume alcohol products in the relevant jurisdiction. You also agree that, upon delivery or pickup of alcohol products, the recipient of any alcohol products will provide valid government-issued identification proving the requisite legal age and that the recipient will not be intoxicated when receiving such products. If you order alcohol products, you understand and acknowledge that the order will only be delivered if the Merchant accepts your order. The person delivering alcohol may be legally obligated to refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient is not of legal age, is visibly intoxicated, or is not physically present to accept the delivery, and will be prompted to refuse delivery if the recipient cannot provide a valid government-issued identification proving requisite legal age, is visibly intoxicated, or is not physically present to accept the delivery. If the delivery of alcohol products cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you or the intended recipient may not receive any part of the applicable order, including any non-alcohol items that you may have purchased with your alcohol products, and you may also be subject to a non-refundable restocking fee. Alcohol is not available in all locations that are served by the DoorDash platform. Alcohol may be removed from the platform for specific Users at DoorDash’s sole discretion.
You may also have the option to request delivery or pickup of other age-restricted items from certain Merchants, such as certain over-the-counter medication or other products subject to applicable federal, state, provincial, or local laws, rules, or regulations or Merchant or DoorDash policies requiring age verification. You agree that you will only order age-restricted items if you, the intended recipient, or anyone who may consume such products are of legal age to purchase the items. You also agree that, upon delivery or pickup of age-restricted items, the recipient will provide valid government-issued identification proving the requisite legal age for such age-restricted items. The person delivering age-restricted items will refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient cannot provide a valid government-issued identification proving requisite legal age or is not physically present to accept the delivery. If the delivery of age-restricted items cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you may not receive any part of your order, including items that are not age-restricted that you may have purchased with your age-restricted items, and you may also be subject to a non-refundable restocking fee.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless DoorDash and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section 18, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and/or attorneys’ fees incurred by the Indemnified Party. DoorDash reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DoorDash in asserting any available defenses. This Section 18 does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Technology or Services. You agree that the provisions of this Section 18 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.
19. Disclaimer of Warranties
UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 19 MAY NOT APPLY TO YOU. SECTION 19 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. DOORDASH WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE IT WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. DOORDASH MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS.
DOORDASH DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DOORDASH SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
AUSTRALIA AND NEW ZEALAND ORDERS: FOR AUSTRALIA AND NEW ZEALAND ORDERS, NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY GUARANTEE, TERM, CONDITION, WARRANTY, OR ANY RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY LEGISLATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING: (a) FOR AUSTRALIA ORDERS, THE AUSTRALIAN CONSUMER LAW, WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES; and (b) FOR NEW ZEALAND ORDERS, THE CONSUMER GUARANTEES ACT 1993 AND THE FAIR TRADING ACT 1986, WHICH CONTAIN GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES (EACH, A “NON-EXCLUDABLE PROVISION”).
20. Internet Delays
The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, DoorDash is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.
21. Breach and Limitation of Liability
This Section 21 applies to the fullest extent permitted by applicable law, and some provisions in this Section 21 may not apply in certain jurisdictions.
(a) United States and Canada Consumers. This Section 21(a) applies to United States and Canada Consumers. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Technology and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 21(a) to keep the Technology and Services simple and efficient, and costs low, for all Users.
(i) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE UNITED STATES.
(ii) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES OR THE PROVINCE OF QUÉBEC IN CANADA.
(b) Australia and New Zealand Consumers
(i) Australia Consumers. THIS SECTION 21(b)(i) APPLIES TO AUSTRALIA CONSUMERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF DOORDASH FOR BREACH OF ANY NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT DOORDASH’S OPTION: (A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR (B) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
(ii) New Zealand Consumers. THIS SECTION 21(b)(ii) APPLIES TO NEW ZEALAND CONSUMERS.
(A) OUR SERVICES COME WITH CONSUMER GUARANTEES UNDER THE CONSUMER GUARANTEES ACT 1993 (“CGA”). YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A FAILURE OF SUBSTANTIAL CHARACTER AND YOU MAY ALSO BE ENTITLED TO COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. IF THE FAILURE IS NOT OF SUBSTANTIAL CHARACTER, YOU MAY BE ENTITLED TO: (1) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS, THE REPAIR OF THE GOODS, OR A REFUND IF THE GOODS CANNOT BE REASONABLY REPAIRED OR REPLACED; OR (2) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR A REFUND. THERE MAY BE OTHER REMEDIES AVAILABLE UNDER THE CGA, DEPENDING ON THE CIRCUMSTANCES. DOORDASH’S LIABILITY IN RELATION TO ITS PROVISION OF THE SERVICES OR GOODS IS LIMITED TO THE REMEDIES THAT ARE PROVIDED PURSUANT TO THE NON-EXCLUDABLE PROVISIONS AND THE GUARANTEES SET OUT IN SECTION 21(b) OF THIS AGREEMENT.
(B) You agree and acknowledge that if you are in trade and acquire, or hold yourself out as acquiring, the goods or services (as applicable) for business purposes in terms of section 43(2) of the CGA, then the CGA does not apply and that its non-application is fair and reasonable.
(C) To the extent permitted by law, where the goods or services (as applicable) are supplied in trade within the meaning of the Fair Trading Act 1986, the parties agree to contract out of sections 9, 12A, 13, and 14(1) of that Act.
(D) You agree and acknowledge that part 3 of the Contract and Commercial Law Act 2017 will not apply.
(E) You agree and acknowledge that you do not rely on the representations or other conduct by DoorDash, including any of its officers, employees, and sales representatives, whether during negotiations prior to these Terms being entered into or at any time subsequent to the entry into the Agreement.
(iii) Cap on Liability (Australia and New Zealand Consumers). THIS SECTION 21(b)(iii) APPLIES TO AUSTRALIA AND NEW ZEALAND CONSUMERS. SUBJECT TO THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH’S AGGREGATE LIABILITY UNDER ALL THEORIES OF LAW AND EQUITY (INCLUDING NEGLIGENCE) SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF DOORDASH FOR (Y) DEATH OR PERSONAL INJURY CAUSED BY DOORDASH’S NEGLIGENCE OR WILLFUL MISCONDUCT, OR (Z) ANY INJURY CAUSED BY DOORDASH’S FRAUD OR FRAUDULENT MISREPRESENTATION.
(iv) Disclaimer of Certain Damages (Australia and New Zealand Consumers). THIS SECTION 21(b)(iv) APPLIES TO AUSTRALIA AND NEW ZEALAND CONSUMERS. SUBJECT TO THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY OR LOSS OR CORRUPTION OF DATA, GOODWILL, REVENUE, PROFITS, ANTICIPATED SAVINGS, USE, OR OTHER ECONOMIC ADVANTAGE), UNDER ANY THEORIES OF LAW AND EQUITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT SUCH LOSS OR DAMAGE WAS FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 6 AND 12, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, OUR WEBSITES, THE TECHNOLOGY, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE OUR WEBSITES, THE TECHNOLOGY, OR THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MERCHANT, CONTRACTOR, ADVERTISER, OR SPONSOR WHOSE ADVERTISING APPEARS ON OUR WEBSITES OR THE TECHNOLOGY, OR IS REFERRED BY THE TECHNOLOGY OR SERVICES, EVEN IF DOORDASH AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. Exclusive Venue
(a) United States Consumers. If you are a United States Consumer, to the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and DoorDash agree that all claims and disputes arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding DoorDash or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with DoorDash as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the state or federal courts located in San Francisco County if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.
(b) Canada Consumers. If you are a Canada Consumer, except where prohibited by applicable law (which includes the Province of Québec), to the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and DoorDash agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.
(c) Australia and New Zealand Consumers. If you are an Australia or New Zealand Consumer, to the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and DoorDash irrevocably agree that all claims and disputes arising out of or relating to the Agreement will be litigated non-exclusively in: (i) for Australia Consumers, the state or federal courts located in the State of Victoria, Australia and the Commonwealth of Australia; and (ii) for New Zealand Consumers, the courts located in New Zealand.
23. Termination
If you violate this Agreement, DoorDash may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
In addition, at its sole discretion, DoorDash may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Technology or the Services, DoorDash reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
24. Procedure for Making Claims of Copyright Infringement
It is DoorDash’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to DoorDash by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the specific location on the Services of the material that you claim is infringing, including enough information to allow DoorDash to locate the material; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice of a copyright infringement claim should be sent to DoorDash’s Copyright Agent at the address set forth below, based on the country in which the copyright owner primarily resides or was formed:
United States: General Counsel, DoorDash, Inc., 303 2nd St., Suite 800 South, San Francisco, CA 94107
Canada: General Counsel, DoorDash Technologies Canada, Inc., 1066 West Hastings St., Suite 2000, Vancouver, BC V6E 3X2, Canada
Australia: General Counsel, DoorDash Technologies Australia Pty Ltd, Level 8, 222 Exhibition St., Melbourne, VIC 3000, Australia
New Zealand: General Counsel, DoorDash Technologies New Zealand, Quigg Partners, Level 7, 36 Brandon St., Wellington, 6011, New Zealand
25. General
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, DoorDash, or any third-party provider as a result of this Agreement or use of the Technology or Services.
(b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of: (i) for United States Orders, the State of Delaware consistent with the Federal Arbitration Act; (ii) for Canada Orders, and except where prohibited by applicable law (which includes the Province of Québec), the Province of Ontario and the laws of Canada applicable therein; (iii) for Australia Orders, the State of Victoria, Australia; and (iv) for New Zealand Orders, New Zealand.
(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
(d) Consumer Complaints. You may report complaints to: (i) for United States Consumers, and in accordance with California Civil Code § 1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210; and (ii) for Australia, Canada, and New Zealand Consumers, your local state, province, or territory consumer protection agency.
(e) Accessing and Downloading the Application from the Apple App Store. The following applies to any Technology accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
(i) You acknowledge and agree that (A) the Agreement is concluded between you and DoorDash only, and not Apple; and (B) DoorDash, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(ii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(iii) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between DoorDash and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty or condition will be the sole responsibility of DoorDash.
(iv) You and DoorDash acknowledge that, as between DoorDash and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (A) product liability claims; (B) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.
(v) You and DoorDash acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between DoorDash and Apple, DoorDash, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(vi) You and DoorDash acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(vii) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
(f) Notice. Where DoorDash requires that you provide an email address, you are responsible for providing DoorDash with your most current email address. In the event that the last email address you provided to DoorDash is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, DoorDash’s dispatch of the email containing such notice will nonetheless constitute effective notice. You agree that all agreements, notices, disclosures, payment or renewal notifications, and other communications that DoorDash provides to you electronically (such as through email or posting through the Services, including in your DoorDash account) satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You may give notice to DoorDash by visiting our Customer Support page and initiating a chat with us. Such notice shall be deemed given on the next business day after such notice is actually received by DoorDash.
(g) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DoorDash without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
(h) Currency. Unless otherwise indicated, all prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs.
(i) Use Only Where Legally Allowed. You shall not access or use any portion of the
Services if you are not legally allowed to do so where you are located.
(j) Subcontracting. DoorDash may subcontract any of its obligations under this Agreement without your prior written consent.
(k) Variation of Our Websites or the Technology. We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.
(l) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and DoorDash relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.
26. Contact Information
DoorDash welcomes your questions or comments regarding this Agreement. Please find our contact information below:
United States:
DoorDash, Inc.
303 2nd St, Suite 800
San Francisco, CA 94107
Telephone Number: +1 (855) 973-1040
Canada:
DoorDash Technologies Canada, Inc.
1055 West Hastings Street
Suite 1700
Vancouver BC V6E 2E9
Telephone Number: +1 (647) 957-7219
Australia:
DoorDash Technologies Australia Pty Ltd ACN 634 446 030
DoorDash Essentials Australia Pty Ltd ACN 647 941 053
Level 8
222 Exhibition Street
Melbourne, VIC 3000, Australia
Telephone Number: 1800 958 316
New Zealand:
DoorDash Technologies New Zealand NZCN 8252064
Quigg Partners
Level 7, 36 Brandon Street,
Wellington, 6011, New Zealand
Telephone Number: 64-800-001-188
