Consumer agreement with DoorDash, with arbitration and a class-action waiver
These Consumer Terms and Conditions are a legal agreement between you and DoorDash. The agreement's Section 14 sets out an arbitration agreement that requires disputes to be submitted to arbitration with limited exceptions, including that U.S. consumers do not need to arbitrate individual claims of sexual harassment or sexual assault. Unless you opt out and to the extent permitted by law, you may pursue claims only individually (except Australia consumers) and you waive the right to seek relief in court and to a jury trial; the notice says this could affect your right to take part in pending or proposed class actions. Section 14 does not apply to Canada consumers in Québec.
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THESE CONSUMER TERMS AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOORDASH
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
UNITED STATES CONSUMERS DO NOT NEED TO ARBITRATE INDIVIDUAL CLAIMS OF SEXUAL HARASSMENT OR SEXUAL ASSAULT IN CONNECTION WITH THEIR USE OF THE SERVICES
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (EXCEPT FOR AUSTRALIA CONSUMERS); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.
Highlights: privacy consent, User Content use, DashPass
The opening notice points out that Section 4 requires consent to the Privacy Policy, Section 8 covers DoorDash's use of certain User Content, Section 13 covers DashPass, and Section 20 limits DoorDash's liability. You may use the Services only if you are 18 or older and of legal age in your jurisdiction to form a binding contract.
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SECTION 4 OF THIS AGREEMENT REQUIRES YOU TO CONSENT TO OUR PRIVACY POLICY.
SECTION 8 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO OUR USE OF CERTAIN USER CONTENT.
SECTION 13 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO DASHPASS.
SECTION 20 OF THIS AGREEMENT CONTAINS PROVISIONS WHICH LIMIT OUR LIABILITY TO YOU.
YOU MAY ONLY USE THE SERVICES IF YOU ARE 18 YEARS OF AGE OR OLDER AND ARE OF LEGAL AGE IN THE JURISDICTION IN WHICH YOU RESIDE TO FORM A BINDING CONTRACT WITH DOORDASH.
data: demographics
Legal Rights & Agreement Rules · Context
Your DoorDash contracting entity depends on your order location
“DoorDash” means DoorDash, Inc., a Nevada corporation, and its subsidiaries and affiliates. For United States Orders the agreement is with DoorDash, Inc. and/or its subsidiaries and affiliates, including DoorDash G&C, LLC depending on the Merchant, with separate entities named for Australia, Canada, New Zealand and Puerto Rico orders. Some provisions apply by the country of your primary residence or of your selected delivery or pickup address, using defined terms such as United States Consumer and United States Order, which include Puerto Rico.
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“DoorDash,” “we,” “us,” and “our” mean DoorDash, Inc., a Nevada corporation, and its subsidiaries and affiliated companies
With respect to United States Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and DoorDash, Inc. and/or its subsidiaries and affiliated companies, including DoorDash G&C, LLC (depending on the Merchant, as defined below).
Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address
“United States Consumer” means your primary residence is in the United States, including Puerto Rico, a United States territory.
“United States Order” means you have selected a delivery or pickup address in the United States, including Puerto Rico, a United States territory (except as otherwise noted).
DoorDash is a marketplace platform, not a merchant
DoorDash operates an online marketplace and connection platform to broker exchanges among consumers, Merchants such as restaurants and businesses, and independent third-party Contractors who provide delivery or other services, and to give access to information on the Services. For delivery orders it notifies Contractors (or for certain orders, Merchants) of delivery opportunities, and for pickup orders it communicates availability to the consumer. DoorDash says it is not a merchant, retailer, restaurant, grocer, delivery service or food preparation business, except as specified in Section 6.
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DoorDash operates an online marketplace and connection platform to (a) broker the exchange of goods and services among you and other consumers, restaurants and other businesses (“Merchants”), and independent third-party contractors who provide delivery and/or other services (“Contractors”); and (b) provide you with access to information on the Services.
DoorDash is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business (except as otherwise specified in Section 6 below).
Using or registering means you accept; features vary by address and app version
If you access DoorDash's websites, install or use its or Caviar's mobile apps or other technology, use any information, function, feature or service, click or tap to accept, or complete account registration, you represent and warrant that you have read and agree to be bound by the agreement and future amendments, that you are of legal age in your jurisdiction, and that you can enter the agreement personally and on behalf of any organization named on your account. Available Services and information may vary by the address you selected, some features may not be available to all Users or at all times, and some may only be in the latest app version. If you do not agree you may not access or use the Services.
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you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with DoorDash; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you have created an account
The specific Services or information available to you may vary based on the delivery or pickup address that you have selected.
Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
data: location
Legal Rights & Agreement Rules · Procedure
DoorDash may change the terms by posting; continued use means acceptance
Subject to Section 14(k), DoorDash may modify the agreement or its policies about the Technology or Services at any time, effective on posting an updated version or through the Technology. For material changes it will notify you by email at the address you provided or by other means. Your continued use after changes constitutes agreement, and if you do not agree you should immediately stop using the Technology and Services.
Supporting quotations
DoorDash reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement
If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means.
You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Subject to Section 14(k) of this Agreement, DoorDash reserves the right to modify
Legal Rights & Agreement Rules · Restriction or exception
No harmful or harassing conduct; follow the Community Guidelines
You agree not to engage in conduct that harms, attempts to harm or threatens the safety of other Users, Merchants, Contractors, DoorDash or its employees or community, and to take reasonable steps to prevent it, and not to engage in threatening, harassing, racist, sexist or other behavior DoorDash deems inappropriate. You agree to follow the Community Guidelines, which are incorporated by reference to the extent permitted by law, and to report errors, bugs, unauthorized access methods or breaches of DoorDash's intellectual property rights you uncover.
Supporting quotations
You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, DoorDash, DoorDash employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.
You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that DoorDash deems inappropriate when using the Services, and you agree to follow the DoorDash Community Guidelines
You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.
Not stated here
The Community Guidelines were not supplied.
Legal Rights & Agreement Rules · Restriction or exception
Merchants and Contractors are independent
DoorDash says it connects you with independent Merchants and independent Contractors, is not a merchant, retailer, restaurant, grocer, pharmacy, delivery service or food preparation business and is not a common carrier, and has no responsibility or liability for the acts or omissions of any Merchant or Contractor. Delivery, pickup and preparation times are estimates, not promises. You agree DoorDash is not responsible for food preparation, product offerings, handling or safety, or whether photographs, menus, descriptions or nutrition, ingredient and allergen information accurately reflect goods sold, and it does not verify Merchants' legal compliance. Listing information may not have come directly from the Merchant and may have been generated or enhanced with artificial intelligence. Goods are prepared by the Merchant and title passes from the Merchant to you at the Merchant's location, and neither the Contractor nor DoorDash acquires ownership of goods you order.
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You understand and agree that DoorDash provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Contractors who provide delivery and other services.
DoorDash is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor.
Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by DoorDash.
You agree that DoorDash is not responsible for Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, videos, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Merchants
may not have been provided directly by the Merchant and/or may have been generated or enhanced with the assistance of artificial intelligence
title to the goods passes from the Merchant to you at the Merchant’s location
neither the Contractor nor DoorDash holds title to or acquires any ownership interest in any goods that you order through the Services
DashMart, Canadian DashMart and gift-card sales are made by separate entities
Despite the general rule, for United States Orders with DoorDash Essentials, LLC (dba DashMart or other brands), that subsidiary is the Merchant and retailer of the goods sold. For Canada Orders with Rapid Retail Canada, Inc., an affiliate of DoorDash Technologies Canada, Inc., that company is the Merchant. For closed-loop and open-loop gift or other prepaid cards and DoorDash credits sold in the United States by DoorDash Giftcards LLC, a subsidiary of DoorDash, Inc., that entity is the Merchant.
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For United States Orders placed through the Services with DoorDash Essentials, LLC (dba DashMart or other brands), DoorDash Essentials, LLC is the Merchant and is therefore the retailer of the goods sold.
For Canada Orders placed through the Services with Rapid Retail Canada, Inc. (dba DashMart or other brands), Rapid Retail Canada, Inc. is the Merchant and is therefore the retailer of the goods sold.
DoorDash Giftcards LLC is the Merchant and is therefore the retailer of the cards and credits sold. DoorDash Giftcards LLC is a subsidiary of DoorDash, Inc.
By creating an account or using the Services you consent to electronic records and agree that terms, agreements, notices and disclosures DoorDash provides electronically satisfy any legal requirement that they be in writing. You agree to keep your contact information, including email address, current, and need a device with browser and internet access and printer or storage to view and keep the agreement. This does not affect your statutory rights.
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you consent to the use of electronic records. You also agree that all terms and conditions, agreements, notices, disclosures, and other communications that DoorDash provides to you electronically satisfy any legal requirement for such communications to be in writing.
This paragraph does not affect your statutory rights.
To view and retain a copy of this Agreement, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access, and (b) either a printer or storage space on such device.
data: identifiers
Legal Rights & Agreement Rules · Restriction or exception
Arbitration Agreement: scope includes older claims
Section 14 is the Arbitration Agreement. It requires, unless you are a Canada consumer in Québec, that all claims between you and DoorDash be resolved by binding arbitration or in small claims court or tribunal, arbitration is required if your country of residence enforces arbitration agreements, and if you are outside the U.S., Canada, Australia or New Zealand but bring a claim in one of those countries, arbitration decides threshold issues such as whether Section 14 applies. It applies to claims that arose or were asserted before, on or after the effective date, and to disputes relating to the agreement, your use of the Services, advertising or marketing, products or services sold through the Services, or your relationship with DoorDash, including contract, tort, statutory and unfair competition claims. Exceptions include individual claims for sexual assault or sexual harassment by United States Consumers, equitable relief in court for infringement or misuse of intellectual property, and temporary or preliminary injunctive relief to prevent the arbitration being rendered ineffectual. United States and New Zealand consumers may use small claims court or tribunal for individual claims.
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THIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
It requires, unless you are a Canada Consumer who resides in the Province of Québec, that any and all claims between you and DoorDash be resolved by binding arbitration or in small claims court or tribunal.
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
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.
will be resolved by binding arbitration, rather than in court, except as otherwise required by law—such as individual claims for sexual assault or sexual harassment arising from use of the Services by United States Consumers—or as otherwise provided in this Arbitration Agreement.
either you or DoorDash may seek equitable relief in court for infringement or other misuse of intellectual property rights
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.
You may assert claims in small claims court or tribunal if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Legal Rights & Agreement Rules · Restriction or exception
You elect not to take part in class actions against DoorDash
The agreement states that cases have been filed and others may be filed in the future attempting to assert class action claims, and by accepting the Arbitration Agreement you elect not to participate in them. By agreeing you advance-agree not to participate in or seek to recover monetary or other relief in any class, collective or representative lawsuit, and may instead bring claims in an individual arbitration proceeding, where if successful you could be awarded money or other relief.
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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.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
THIS SECTION14(f) DOES NOT APPLY TO AUSTRALIA CONSUMERS.
Qualifications & exceptions
Section 14 does not apply to Canada consumers residing in Québec.
The class-action waiver does not apply to Australia consumers.
Informal resolution: a written notice and a meet-and-confer within 60 days
Before either side demands or attempts arbitration, you and DoorDash agree to personally meet and confer by telephone or videoconference to try to resolve the claim informally. The conferences are individualized, so multiple individuals cannot participate in the same one unless agreed, and if represented your counsel may participate but both parties must also participate. The initiating party must give written notice of its intent to start the conference, which occurs within 60 days after the other party receives it unless extended by agreement. To notify DoorDash you email an address with your name, phone number associated with your account, account email and a description of your claim. The statute of limitations and filing fee deadlines are tolled, the conference is a requirement before arbitration, and an arbitration filed without full compliance is to be dismissed, with the arbitrator able to order a willfully non-compliant party to pay the other's filing fees and costs.
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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.
multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties.
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
email Informal.Resolution@doordash.com, 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.
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.
An arbitration shall be dismissed if it was filed without fully and completely complying with these informal dispute resolution procedures. If an arbitration is dismissed because a party willfully failed to comply with these informal dispute resolution procedures, the arbitrator may order the non-compliant party to pay any arbitration filing fees and costs incurred by the other party.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
Qualifications & exceptions
Section 14 does not apply to Canada consumers residing in Québec.
US arbitration: FAA, ADR Services for California residents, NAM elsewhere
For United States Consumers the Federal Arbitration Act governs. Before arbitration a party must send notice of intent and certify completion of the informal conference; notice to DoorDash goes by email to the counsel from that process or by mail to General Counsel in San Francisco. California consumers' arbitrations are conducted by ADR Services, Inc. and all other U.S. consumers' by National Arbitration and Mediation, each under its rules, and filing with a different provider is to be dismissed. The demand must include the party's contact details, the claims and factual bases, the remedy sought with a good-faith amount in United States dollars, and a signature. DoorDash pays the portion of initial case-opening fees exceeding the court filing fee, and pays fees if the arbitrator finds you cannot afford them and cannot obtain a waiver. Claims violating Rule 11 standards entitle the other party to fees and costs, and an unaccepted offer of judgment that is not beaten shifts post-offer costs. If the provider is unavailable the parties select another forum, then the AAA, then a court may appoint an arbitrator; only a court resolves disputes over which provider applies. You may choose video conference, and arbitration proceedings and discovery are confidential to the fullest extent permitted by law.
Supporting quotations
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects.
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 you reside in California (“California Consumer”), the arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. If you reside outside of California (“Non-California Consumer”), the arbitration will be conducted by National Arbitration and Mediation (“NAM”) under its rules and pursuant to the terms of this Agreement.
If the arbitration is filed with a different arbitration provider than the one required by this Agreement, that provider shall immediately dismiss the arbitration demand.
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
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.
If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from the applicable arbitration provider, 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 ADR Services, Inc. (for California Consumers) or NAM (for Non-California Consumers) is not available or willing to arbitrate, the parties will mutually select an alternative arbitral forum. If, and only if, the parties are unable to agree on an alternative arbitral forum, the arbitration shall be administered by the American Arbitration Association (“AAA”)
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 video conference. 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.
Awards over $1,000,000 can be appealed to an arbitration appellate panel
If an arbitration involves an injunction or monetary relief exceeding $1,000,000, either party may appeal the award to an arbitration appellate panel by serving written notice on the opposing party within fourteen days after the award has become final. The provider, ADR Services for California consumers or NAM otherwise, administers the appeal under the NAM Appellate Dispute Resolution Rules and Procedures.
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If the arbitration involves a request for an injunction or monetary relief that exceeds $1,000,000 (one million dollars), 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.
Legal Rights & Agreement Rules · Restriction or exception
Canada, Australia and New Zealand consumers have their own arbitration forums
Canada consumers outside Québec arbitrate under their province's domestic arbitration act and the ADR Institute of Canada rules before a single lawyer or former judge, seated in the capital city of their province of primary residence with a hearing within 45 kilometres on request and virtual arbitration possible; filing and similar administrative costs are shared equally unless law provides otherwise, and DoorDash pays costs unique to arbitration such as ADRIC and the arbitrator. Australia consumers begin by sending a letter to DoorDash's Melbourne agent and arbitrate before the Australian Disputes Centre; DoorDash pays fees if you cannot afford them and reimburses the fees for claims under AUD $10,000. New Zealand consumers are governed by the Arbitration Act 1996 and, where they are consumers under that Act, the agreement to arbitrate is subject to a separate written agreement after the dispute arises.
Supporting quotations
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
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
you and DoorDash shall pay equal shares of the applicable filing fees and other similar and usual administrative costs, as are common to bothcourt and administrative proceedings. DoorDash shall pay any additional costs uniquely associated with arbitration
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, General Counsel, at Level 15, 222 Exhibition Street, Melbourne VIC 3000 Australia.
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.
This Arbitration Agreement is governed by the Arbitration Act 1996 and Schedule 2 of the Arbitration Act 1996 will not apply to any arbitration. 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
The arbitrator decides arbitrability, may allow discovery
The arbitrator, not a court or agency, has exclusive authority over disputes about the interpretation, applicability, enforceability or formation of the Arbitration Agreement, except the enforceability of the class, consolidated and representative action waiver, which only a court determines. Arbitrations are not consolidated with other matters except under grouped arbitrations. The arbitrator may issue discovery orders, including subpoenas to third parties to the extent permitted by law, the Apex Doctrine applies to bar depositions of high-level officers absent unique personal knowledge and exhaustion of less burdensome methods, and the arbitrator may decide dispositive motions, award individual monetary and non-monetary relief, and must issue a written statement of decision. The award binds only the parties, has no preclusive effect for different parties, the arbitrator follows applicable law, and the decision is final and binding.
Supporting quotations
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
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.
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 parties agree that the Apex Doctrine shall apply and therefore preclude depositions 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 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’s decision is final and binding on you and DoorDash.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
Qualifications & exceptions
Section 14 does not apply to Canada consumers residing in Québec.
Legal Rights & Agreement Rules · Restriction or exception
You and DoorDash waive court and jury trial, to the extent permitted by law
To the extent permitted by applicable law, you and DoorDash waive constitutional and statutory rights to sue in court and receive a judge or jury trial, electing instead to resolve disputes by binding arbitration except as specified in Section 14(a). The agreement notes there is no judge or jury in arbitration and court review of an award is limited.
Supporting quotations
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 binding 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.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
Qualifications & exceptions
Section 14 does not apply to Canada consumers residing in Québec.
Legal Rights & Agreement Rules · Restriction or exception
Class and representative action waiver, and waiver of public injunctive relief
For United States, Canada (except Québec) and New Zealand consumers, and to the extent permitted by law, you and DoorDash waive any right to resolve claims within the Arbitration Agreement's scope on a class, collective or representative basis, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated. If a civil court finds all or part of the waiver unenforceable, a class, collective or representative action must be litigated in court, the enforceable part is enforced in arbitration, and the court portion is stayed pending arbitration. Claims that the waivers are unenforceable are for a court only, and settling claims on a class basis is not prevented. To the extent permitted by law the parties waive public injunctive relief; if that right cannot be waived, a request for public injunctive relief is severed and resolved in court after arbitration of the rest. The section does not apply to Australia consumers.
Supporting quotations
THIS SECTION14(f) DOES NOT APPLY TO AUSTRALIA CONSUMERS.
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.
CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
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.
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. To the extent permitted by law (after taking into account FAA preemption), the parties waive the right to seek public injunctive relief.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
Qualifications & exceptions
Section 14 does not apply to Canada consumers residing in Québec.
Grouped arbitrations: 100 or more similar demands in 30 days are organized
If 100 or more similar arbitration demands are presented to a provider within a 30-day period, the parties cooperate to organize them into randomized groups of no more than 100, claimants' counsel presents the grouped demands in the provider's format, the provider assesses one set of fees per group and assigns one arbitrator per group with one Arbitration Management Conference, the arbitrator resolves all arbitrations in a group individually, and no final award has preclusive effect in other arbitrations. You agree to cooperate in good faith, grouped arbitrations take place in person or, if preferred, by video conference, and the parties may agree to proceed on written submissions.
Supporting quotations
in the event 100 or more similar arbitration demands are presented to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to organize the arbitration demands into randomized groups of no more than 100 demands
(C) the arbitration provider shall assess one set of filing and administrative fees per group and shall assign one arbitrator per group
(E) regardless of the grouping described above, the arbitrator shall resolve all arbitrations within a group on an individual basis; and (F) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration.
grouped arbitrations shall take place in person or, if the parties prefer, by video conference. The parties may also agree to conduct arbitration based on written submissions alone.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
Qualifications & exceptions
Section 14 does not apply to Canada consumers residing in Québec.
Legal Rights & Agreement Rules · User right or choice
New account holders can opt out of arbitration within 30 days by email
Updates to the terms do not give a new opportunity to opt out to customers who previously agreed to a version of DoorDash's or Caviar's terms without validly opting out, and DoorDash will continue to honor valid prior opt-outs. If you create a DoorDash or Caviar account for the first time on or after the effective date, you may opt out, in which case neither you nor DoorDash can force the other to arbitrate under the agreement. To opt out you must notify DoorDash in writing no later than 30 days after first becoming subject to the Arbitration Agreement, including your name and address, username if any, current account email and a clear statement that you want to opt out, sent to the stated email address. If you opt out, the rest of the agreement continues to apply, and it does not affect other arbitration agreements with DoorDash.
Supporting quotations
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.
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.
To opt out, you must notify DoorDash in writing no later than 30 days after first becoming subject to this Arbitration Agreement.
You must send your opt-out notice to: opt-out@doordash.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
Qualifications & exceptions
The opt-out is available to customers who first create an account on or after the effective date.
Section 14 does not apply to Canada consumers residing in Québec.
The agreement does not supersede or modify any separate agreement relating to your work as an employee or independent contractor, and if you are a Contractor, opting out of this arbitration agreement does not affect your agreement to arbitrate under your Independent Contractor Agreement. The Arbitration Agreement survives termination of your relationship with DoorDash. Any future material change to it will not apply to individual claims you had already given notice of, it is the full agreement on formal resolution of covered disputes, and if any portion is unenforceable the remainder remains enforceable.
Supporting quotations
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
This Arbitration Agreement will survive any termination of your relationship with DoorDash.
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.
In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.
SECTION 14 OF THIS AGREEMENT (WHICH DOES NOT APPLY TO CANADA CONSUMERS RESIDING IN THE PROVINCE OF QUÉBEC) CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED
Qualifications & exceptions
Section 14 does not apply to Canada consumers residing in Québec.
Legal Rights & Agreement Rules · Restriction or exception
Third-party websites, apps and advertisements are outside DoorDash’s control
The Services may contain links to third-party websites, applications and advertisements, and DoorDash will not warn you when you leave its Services or become subject to another party's terms and privacy policies. It does not control, review, approve, endorse or warrant them and is not responsible for them. You use all links at your own risk and should review those parties' terms and data practices before transacting.
Supporting quotations
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.
DoorDash is not responsible for any Third-Party Websites and Advertisements.
You use all links in Third-Party Websites and Advertisements at your own risk.
Legal Rights & Agreement Rules · Restriction or exception
App stores are not parties; you represent you are not in an embargoed country
Availability of the Technology depends on the app store you used, such as Apple or Android, and the agreement is between you and DoorDash, not the store, with DoorDash solely responsible for the Technology, content, support and warranty. You must have wireless network access and pay all fees for it and any app store fees, and comply with applicable third-party terms. You represent you are not in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country or listed on any U.S. or Canadian Government list of prohibited or restricted parties, and each app store and its affiliates is an intended third-party beneficiary with the right to enforce the agreement.
Supporting quotations
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
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.
data: location · data: device
Legal Rights & Agreement Rules · Restriction or exception
Alcohol and age-restricted orders need ID
You may order alcohol only if you, the recipient and anyone who may consume it are of legal age, the recipient must show valid government-issued ID and must not be intoxicated, and the order is delivered only if the Merchant accepts it. The deliverer may be legally required to refuse delivery, including if the recipient is underage, visibly intoxicated or not physically present, and if delivery cannot be completed your purchase is non-refundable, you or the recipient may not receive any part of the order including non-alcohol items, and you may be subject to a non-refundable Undeliverable Item Fee. Alcohol is not available everywhere and may be removed for specific Users at DoorDash's sole discretion. Other age-restricted items follow similar ID rules.
Supporting quotations
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 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 Undeliverable Item Fee.
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
Legal Rights & Agreement Rules · Restriction or exception
You must indemnify DoorDash for claims from your content, misuse or breach
To the extent permitted by law you agree to indemnify and hold harmless DoorDash and its officers, directors, employees, agents and affiliates from losses, claims, actions, costs, damages, penalties, fines and expenses, including legal fees, arising from your User Content, misuse of the Technology or Services, breach of the agreement, or violation of laws through or related to use of the Services. You will pay for the defense of an Indemnified Party and DoorDash may assume exclusive defense and control at its own cost. You need not indemnify for an Indemnified Party's unconscionable commercial practice, negligence, fraud, deception, false promise, misrepresentation or concealment of material fact, and the section survives termination.
Supporting quotations
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.
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.
This Section 17 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 17 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.
Legal Rights & Agreement Rules · Restriction or exception
Services are provided “as is”; availability is not guaranteed
Your use of the Technology and Services is entirely at your own risk. Changes may be made at any time without notice, and DoorDash will use reasonable endeavors to keep the Services available as much as possible but does not guarantee continuous availability. They are provided “as is” without guarantees, warranties or conditions of any kind, including merchantability, fitness and non-infringement, and DoorDash makes no warranties about the accuracy, reliability, completeness or timeliness of content, and does not warrant error-free operation or freedom from malware or responsibility for equipment or data costs. Some jurisdictions do not allow certain exclusions, and for Australia and New Zealand Orders nothing excludes rights that cannot lawfully be excluded, such as under the Australian Consumer Law or the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
Supporting quotations
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 18 MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
DOORDASH WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE THEY 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
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.
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
Legal Rights & Agreement Rules · Restriction or exception
Internet delays and failures are not DoorDash’s responsibility
The Technology and Services may be subject to limitations, delays and other problems inherent in the Internet and electronic communications. Except as required by applicable law and subject to Non-Excludable Provisions, DoorDash is not responsible for delays, delivery failures, damage, loss, injury or other economic damage resulting from such problems.
Supporting quotations
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.
Legal Rights & Agreement Rules · Restriction or exception
US and Canada consumers: liability capped at six months of payments
For United States and Canada Consumers, to the fullest extent permitted by law, DoorDash's aggregate liability may not exceed the greater of amounts actually paid by and/or due from you to DoorDash in the six months before the event giving rise to the claim, and the cap applies fully to New Jersey residents. DoorDash is not liable to you or anyone else for indirect, punitive, special, exemplary, incidental, consequential or other damages of any type, including personal injury, lost profits, pain and suffering, emotional distress and loss of data, revenue, use and economic advantage. The disclaimer of punitive and exemplary damages, and of damages for personal injury or property damage or injury caused by fraud or fraudulent misrepresentation, does not apply to users residing in New Jersey or the Province of Québec.
Supporting quotations
This Section 20(a) applies to United States and Canada Consumers.
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.
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).
SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES OR THE PROVINCE OF QUÉBEC IN CANADA.
Qualifications & exceptions
Applies to the fullest extent permitted by applicable law; New Jersey and Québec residents have narrower exclusions.
Not stated here
The text says “the greater of” amounts paid or due in six months and gives no alternative fixed figure.
Legal Rights & Agreement Rules · Restriction or exception
Australia and New Zealand consumers: statutory remedies preserved
For Australia Consumers, liability for breach of a non-excludable provision is limited, at DoorDash's option, to replacing or repairing goods or paying the cost, or supplying services again or paying the cost of doing so. For New Zealand Consumers the Consumer Guarantees Act provides replacement or refund for a failure of substantial character and possible compensation, and lesser remedies for other failures, and DoorDash's liability is limited to those remedies; consumers in trade acquiring for business purposes agree the Act does not apply, the parties contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act where permitted, part 3 of the Contract and Commercial Law Act 2017 does not apply, and you agree you do not rely on DoorDash's representations. For both, liability is capped at the greater of six months of payments or the statutory remedy or penalty, except for death or personal injury caused by negligence or willful misconduct or injury caused by fraud, and indirect and similar damages are excluded subject to non-excludable provisions.
Supporting quotations
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
OUR SERVICES COME WITH CONSUMER GUARANTEES UNDER THE CONSUMER GUARANTEES ACT 1993. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A FAILURE OF SUBSTANTIAL CHARACTER
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 Consumer Guarantees Act 1993, then the Consumer Guarantees Act 1993 does not apply
the parties agree to contract out of sections 9, 12A, 13, and 14(1) of that Act.
part 3 of the Contract and Commercial Law Act 2017 will not apply.
you do not rely on the representations or other conduct by DoorDash
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.
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
Qualifications & exceptions
Applies only to Australia and New Zealand consumers.
Legal Rights & Agreement Rules · Restriction or exception
Court cases: San Francisco County or your district (US); Toronto (Canada)
To the extent litigation in court is permitted, United States Consumers litigate exclusively in state or federal courts in San Francisco County if they are a California citizen or resident, and otherwise in the U.S. District Court for the district where they reside. Canada Consumers, where not prohibited by law, litigate exclusively in the Superior Court of Justice or Federal Court of Canada in Toronto, Ontario. For Australia and New Zealand Consumers, litigation is non-exclusive in courts in Victoria and the Commonwealth of Australia, or in New Zealand.
Supporting quotations
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.
will be litigated exclusively in the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.
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.
data: location
Legal Rights & Agreement Rules · Context
General terms: no partnership, governing law by order location
No joint venture, partnership, employment or agency relationship exists between you, DoorDash or a third-party provider. The agreement is governed by Delaware law for United States Orders consistent with the Federal Arbitration Act, by the law of the Province of Ontario and Canadian law for Canada Orders except where prohibited (including Québec), by Victorian law for Australia Orders and by New Zealand law for New Zealand Orders. If a provision is invalid the rest remains in effect, and delay or failure to enforce is not a waiver. Complaints go to Customer Support, and California residents may also contact the Complaint Assistance Unit of the California Department of Consumer Affairs in Sacramento.
Supporting quotations
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.
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.
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
any delay or failure of either party to enforce or insist upon strict compliance with any provision of this Agreement or assert or exercise any right, power, or privilege under any provision of this Agreement shall not be construed as a waiver
For United States Consumers who are residents of the State of California, and in accordance with California Civil Code § 1789.3, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210
data: location
Legal Rights & Agreement Rules · Restriction or exception
Apple App Store apps: Apple is not responsible and is a third-party beneficiary
For Technology accessed through or downloaded from the Apple App Store, you acknowledge the agreement is with DoorDash only, DoorDash is solely responsible for the app and its content, and use must comply with the App Store Terms of Service. Apple has no obligation to provide maintenance and support; if the app fails to conform to a warranty you may notify Apple, which will refund any purchase price and otherwise has no warranty obligation, and DoorDash is otherwise responsible. Apple is not responsible for product liability, legal compliance or consumer protection claims, and DoorDash, not Apple, is solely responsible for investigating and defending intellectual property infringement claims. Apple and its subsidiaries are third-party beneficiaries with the right to enforce the agreement as to your license, and you must comply with applicable third-party terms.
Supporting quotations
(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.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
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
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
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.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application
you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
data: device
Legal Rights & Agreement Rules · Context
Notices by email and posting, assignment by DoorDash, language
If the last email address you gave is invalid or cannot deliver notices, DoorDash's dispatch of the email still constitutes effective notice; electronic communications satisfy legal requirements for writing, and you can give notice to DoorDash through customer support chat, deemed given the next business day after receipt. The agreement may not be transferred or assigned by you but may be assigned by DoorDash without restriction. Prices are in the currency where delivery or pickup occurs, you may not use the Services where not legally allowed, DoorDash may subcontract obligations without your consent and may vary or discontinue its websites or Technology temporarily or permanently. The official language is English, and French for Québec consumers. The agreement is the final and complete agreement, but does not modify separate employee or contractor agreements with DoorDash.
Supporting quotations
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 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.
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.
Unless otherwise indicated, all prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs.
DoorDash may subcontract any of its obligations under this Agreement without your prior written consent.
We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.
the official language of these Terms is English and French for Canada Consumers who reside in the Province of Québec and English for all other consumers
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.
data: identifiers
Legal Rights & Agreement Rules · Context
DoorDash’s contact details and phone numbers for each country
DoorDash lists its contact information by country, with a Customer Support link for each. For the United States it lists DoorDash, Inc. at 303 2nd Street, Suite 800, San Francisco, California and a telephone number, with separate company addresses and numbers for Canada, Australia and New Zealand.
Supporting quotations
DoorDash welcomes your questions or comments regarding this Agreement. Please find our contact information below: