DoorDash Consumer Terms and Conditions (United States)

DoorDash · agreement dated October 16, 2026 · Official agreement

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Legal Rights & Agreement Rules · Context

Terms form a legal agreement between you and DoorDash, effective October 16, 2026

This is the Consumer Terms and Conditions, which the document says constitute a legal agreement between the user and DoorDash. The document states that it is effective October 16, 2026. The preamble asks the reader to read it carefully, and it points to the sections that follow for who DoorDash is.

Details
Who
You and DoorDash
When
Effective October 16, 2026

Supporting quotations

Effective: October 16, 2026
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOORDASH, AS DEFINED BELOW

Legal Rights & Agreement Rules · Context

Which DoorDash entity you contract with depends on where your order is

The agreement governs the user's access to and use of the Technology and Services and is between the user and DoorDash. 'DoorDash' means DoorDash, Inc., a Delaware corporation, and its subsidiaries and affiliates. For United States Orders the contracting party is DoorDash, Inc. and/or its subsidiaries and affiliates, including DoorDash G&C, LLC, depending on the Merchant. For Australia, Canada, New Zealand and Puerto Rico Orders, the agreement is with the named local DoorDash company and/or its subsidiaries and affiliates.

Details
Who
DoorDash, Inc. and/or subsidiaries and affiliates, including DoorDash G&C, LLC
Where
United States Orders
Condition
Depending on the Merchant

Supporting quotations

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).
With respect to Puerto Rico Orders (as defined below), these Terms and Conditions constitute a legal agreement between you and DoorDash Technologies Puerto Rico, LLC and/or its subsidiaries and affiliated companies.

Qualifications & exceptions

  • The entity for United States Orders depends on the Merchant
  • Other regions name different contracting entities (Australia, Canada, New Zealand, Puerto Rico)

Not stated here

  • Which merchants correspond to DoorDash G&C, LLC is not stated here

Legal Rights & Agreement Rules · Context

Some terms apply by country of residence or by delivery or pickup address

The agreement says certain provisions apply based on the country of the user's primary residence or the country of the delivery or pickup address the user selected, and marks those provisions with defined terms. A 'Consumer' definition for Australia, Canada and New Zealand turns on primary residence in that country, while an 'Order' definition for each turns on selecting a delivery or pickup address there. These definitions are what later sections use to say which rules apply to whom.

Details
Condition
Country of primary residence or of the selected delivery or pickup address

Supporting quotations

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
“Australia Consumer” means your primary residence is in Australia.
“Australia Order” means you have selected a delivery or pickup address in Australia.
“Canada Consumer” means your primary residence is in Canada.
“Canada Order” means you have selected a delivery or pickup address in Canada.
“New Zealand Consumer” means your primary residence is in New Zealand.
“New Zealand Order” means you have selected a delivery or pickup address in New Zealand.

Qualifications & exceptions

  • Consumer status follows primary residence; Order status follows the selected delivery or pickup address
  • Definitions here cover Australia, Canada and New Zealand

Legal Rights & Agreement Rules · Restriction or exception

Cover notice: disputes go to binding arbitration, with individual-only claims and a jury waiver, unless you opt out

The opening notice says Section 14 governs how the user and DoorDash resolve claims, including claims that arose or were asserted before the effective date. Section 14 sets out an arbitration agreement that requires disputes to be submitted to arbitration, with limited exceptions. Unless the user opts out of the arbitration agreement, and to the extent applicable law permits, the user may pursue claims only individually and not in a class or representative action (Australia consumers are excepted from that class-action limit), and waives the right to seek relief in court and to a jury trial. The notice warns this could affect participation in pending or proposed class actions. Section 14 does not apply to Canada consumers residing in Québec. United States consumers do not need to arbitrate individual claims of sexual harassment or sexual assault in connection with use of the Services. New Zealand consumers are governed by Section 14(c)(iv). The class waiver itself is spelled out in Section 14(f), and the general description is at the start of Section 14.

Details
Who
User and DoorDash
What it does
Resolve claims by binding arbitration; individual claims only; waive court and jury
Condition
Unless the user opts out and to the extent permitted by applicable law
Exception
United States consumers need not arbitrate individual sexual harassment or sexual assault claims
Where
Not Québec Canada consumers; Australia consumers excepted from class limit; New Zealand under 14(c)(iv)

Supporting quotations

IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, WITH LIMITED EXCEPTIONS
UNITED STATES CONSUMERS DO NOT NEED TO ARBITRATE INDIVIDUAL CLAIMS OF SEXUAL HARASSMENT OR SEXUAL ASSAULT IN CONNECTION WITH THEIR USE OF THE SERVICES
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS
YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.
Arbitration is required if your country of residence enforces arbitration agreements.

Qualifications & exceptions

  • Applies unless the user opts out of the arbitration agreement and only to the extent permitted by applicable law
  • Does not apply to Canada consumers residing in the Province of Québec
  • Australia consumers are excepted from the individual-claims-only limit
  • United States consumers do not need to arbitrate individual claims of sexual harassment or sexual assault in connection with use of the Services
  • New Zealand consumers are governed by Section 14(c)(iv)
  • Covers claims that arose or were asserted before the effective date

Not stated here

  • How to opt out is not stated in this notice

Cross-references

Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Context

Cover notice: Section 13 covers DashPass and Section 20 limits DoorDash's liability

The opening notice highlights two sections: Section 13, which contains provisions relating to DashPass, and Section 20, which contains provisions that limit DoorDash's liability to the user. These are pointers; the actual DashPass terms and liability limits appear in those sections.

Details
What it covers
DashPass; limits on DoorDash's liability

Supporting quotations

SECTION 13 OF THIS AGREEMENT CONTAINS PROVISIONS RELATING TO DASHPASS.
SECTION 20 OF THIS AGREEMENT CONTAINS PROVISIONS WHICH LIMIT OUR LIABILITY TO YOU.

Not stated here

  • The specific DashPass terms and liability limits are not described in the notice

Legal Rights & Agreement Rules · Context

Definitions: United States Consumers and Orders include Puerto Rico

A 'United States Consumer' is someone whose primary residence is in the United States, which includes Puerto Rico, a United States territory. A 'United States Order' means the user has selected a delivery or pickup address in the United States, including Puerto Rico, 'except as otherwise noted'. A 'Puerto Rico Order' is a separate defined term for an order with a delivery or pickup address in Puerto Rico. These definitions decide which regional provisions later in the agreement reach a United States user.

Details
Where
United States including Puerto Rico

Supporting quotations

“Puerto Rico Order” means you have selected a delivery or pickup address in Puerto Rico, a United States territory.
“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).

Qualifications & exceptions

  • Consumer status follows primary residence; Order status follows the selected delivery or pickup address
  • The United States Order definition applies except as otherwise noted
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company practice

DoorDash runs a marketplace linking you to independent Merchants and Delivery Providers and says it is not a merchant

DoorDash describes its service as an online marketplace and connection platform that brokers exchanges among the user, Merchants (restaurants and other businesses) and independent Delivery Providers, including human delivery persons and autonomous vehicles, and gives access to information on the Services. For delivery orders, DoorDash uses its Technology to notify Delivery Providers (or, for certain orders, Merchants) of the opportunity and to help complete delivery; for pickup orders it tells the consumer when the order is ready. DoorDash says it is not a merchant, retailer, restaurant, grocer, delivery service or food preparation business, 'except as otherwise specified in Section 6'. In Section 6(a), DoorDash repeats that it has no responsibility or liability for the acts or omissions of any Merchant or Delivery Provider and is not in the delivery business or a common carrier, and says displayed delivery, pickup or preparation times are estimates rather than promises.

Details
Who
DoorDash
What it does
Brokers orders between consumers, Merchants and independent Delivery Providers
Exception
Except as otherwise specified in Section 6

Supporting quotations

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-parties
DoorDash is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business (except as otherwise specified in Section 6 below).
DoorDash is not in the delivery business, does not provide delivery services, and is not a common carrier.
Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by DoorDash.

Qualifications & exceptions

  • The 'not a merchant' statement is made except as otherwise specified in Section 6
  • Delivery notifications go to Delivery Providers or, for certain orders, Merchants

Not stated here

  • The Section 6 exception is not detailed in this section
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

Using the Services or accepting in any way binds you to the Agreement and you represent three things

The agreement treats several actions as acceptance: accessing DoorDash's websites (doordash.com and trycaviar.com), installing or using the DoorDash or Caviar mobile app or other DoorDash technology, using any information, function, feature or service DoorDash makes available, clicking or tapping a button to signify acceptance, or completing account registration. By doing any of these the user, along with heirs, assigns and successors, represents and warrants that (a) they have read, understand and agree to be bound by the Agreement and future amendments and additions as published at doordash.com/terms or through the Technology, (b) they are of legal age in their jurisdiction to form a binding contract, and (c) they have authority to enter the Agreement personally and, if applicable, on behalf of any organization for which they created an account or were named User, and to bind that organization.

Details
Who
User, heirs, assigns and successors; any organization the user binds
What it does
Accept by access, use, clicking accept or registering, and represent legal age and authority

Supporting quotations

you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that
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
you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization
click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the DoorDash account registration process

Qualifications & exceptions

  • Applies to the websites and apps named, other DoorDash technology, and any DoorDash information, function, feature or service
  • The user also binds heirs, assigns and successors, and any organization the user has authority to bind

Legal Rights & Agreement Rules · Permission or license

DoorDash can change the terms, and continued use counts as agreeing to material changes

Subject to Section 14(k), DoorDash reserves the right to modify the Agreement or its policies on the Technology or Services at any time. For future material changes, DoorDash says it will notify the user by email at the address provided or by other means consistent with how it communicates about the Services. Continued use of the Services after such notice is the user's agreement to the changes. A material change will not apply to any individual claim the user had already provided notice of to DoorDash. A user who does not agree to the Agreement or a modification should immediately stop using the Technology and Services.

Details
Who
DoorDash
What it does
Modify the Agreement and policies; notify of material changes
Condition
Continued use after notice means agreement
Exception
Does not apply to individual claims already noticed to DoorDash

Supporting quotations

Subject to Section 14(k) of this Agreement, 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.
Your continued use of the Services after any such notice constitutes your agreement to such changes.
it will not apply to any individual claim(s) that you had already provided notice of to DoorDash.
you should immediately cease using the Technology and Services

Qualifications & exceptions

  • Subject to Section 14(k)
  • Notice duty applies to future material changes only
  • A material change does not apply to individual claims the user had already given DoorDash notice of

Not stated here

  • What Section 14(k) provides is not stated in this section

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Other DoorDash policies and feature terms also bind you, even if not linked here

The user also agrees to abide by any additional DoorDash terms or policies for Users that are published on the website or mobile application, whether or not they are referenced or linked elsewhere in the Agreement. Certain features may have their own additional terms and conditions, which, to the extent permitted by applicable law, are incorporated by reference. The document does not list those policies or feature terms.

Details
Who
User
What it covers
Additional DoorDash terms, policies and feature terms

Supporting quotations

You also agree to abide by any additional DoorDash terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement.
Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

Qualifications & exceptions

  • Feature terms are incorporated to the extent permitted by applicable law
  • Covers policies published on the website or app, linked or not

Not stated here

  • Which additional policies and feature terms exist is not listed here
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Developer Portal users also accept the Developer Portal terms, which control for the Portal

A user of the DoorDash Developer Portal also accepts and agrees to be bound by the Developer Portal Technology License and Terms of Use when using the Developer Portal. If those Developer Portal Terms conflict with the Agreement, the Developer Portal Terms control to the extent related to the Developer Portal. The Developer Portal Terms are a separate document that is not supplied here.

Details
Condition
User of the DoorDash Developer Portal

Supporting quotations

If you use the DoorDash Developer Portal, you also accept and agree to be bound by the
If there’s any conflict between the Developer Portal Terms and this Agreement, the Developer Portal Terms shall control to the extent related to the Developer Portal.

Qualifications & exceptions

  • Applies only to users of the Developer Portal
  • Developer Portal Terms control only to the extent related to the Developer Portal

Not stated here

  • The Developer Portal Terms are not supplied in this document

Legal Rights & Agreement Rules · Restriction or exception

Use rules apply whenever you use the Services, with or without an account, and require lawful, honest use

By using or accessing the Services, whether or not the user has created an account or is logged in, the user agrees to the rules in this section, in addition to other rules in the agreement. The user will use the Services only for lawful purposes, will not use them under false pretenses or to send or store unlawful material or for deceptive or fraudulent purposes, and will use them in accordance with applicable laws, including copyrights, trade secrets, other intellectual property rights and the privacy, personality or publicity rights of third parties.

Details
Who
User
Condition
Whether or not the user has an account or is logged in

Supporting quotations

by using or accessing the Services (whether or not you have created an account or are logged into an account), you agree that:
You will only use or access the Services for lawful purposes
You will only use or access the Services in accordance with all applicable laws

Qualifications & exceptions

  • Applies whether or not the user has an account or is logged in

Legal Rights & Agreement Rules · Restriction or exception

No commercial use, reselling or transferring the Services or their content without DoorDash written permission

The user will not use or attempt to use the Services, or content accessible through them (including content available without logging in), for any commercial purpose, including contacting, advertising to, soliciting or selling to any Merchant, User or Delivery Provider, unless DoorDash has given prior written permission. The user will use the Technology and Services only for their own use and will not directly or indirectly resell, license or transfer the Technology, Services or displayed content, including content accessible without logging in, to a third party. The written-permission exception is stated for the commercial-purpose rule, not in the resale and transfer rule.

Details
What it does
Commercial use, contacting or soliciting others, reselling or transferring the Services
Exception
Prior written permission from DoorDash, for the commercial-purpose rule

Supporting quotations

for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Delivery Providers, unless DoorDash has given you prior permission to do so in writing.
You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed through the Services

Qualifications & exceptions

  • Prior written permission from DoorDash is the stated exception to the commercial-purpose rule
  • Covers content accessible without being logged in

Legal Rights & Agreement Rules · Restriction or exception

No threatening, harassing, racist or sexist behavior; the Community Guidelines are part of the Agreement

The user will not engage in threatening, harassing, racist or sexist behavior, or any other behavior that DoorDash deems inappropriate, when using the Services. The user also agrees to follow the DoorDash Community Guidelines, which, to the extent permitted by applicable law, are incorporated into the Agreement by reference. The standard for 'inappropriate' is DoorDash's own judgment, and the Community Guidelines text is not part of this document.

Details
Who
User
What it covers
Community Guidelines

Supporting quotations

You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that DoorDash deems inappropriate when using the Services
which are, to the extent permitted by applicable law, incorporated in this Agreement by reference.

Qualifications & exceptions

  • Other behavior is covered when DoorDash deems it inappropriate
  • Community Guidelines incorporated to the extent permitted by applicable law

Not stated here

  • The Community Guidelines text is not supplied in this document

Legal Rights & Agreement Rules · Restriction or exception

You may not ask Delivery Providers to buy or deliver items outside the order, or give them goods related to the order

In connection with use of the Services and the DoorDash platform, the user will not ask a Delivery Provider to purchase or deliver any goods or perform any services not ordered through the DoorDash platform, and will not give or offer to give any goods to a Delivery Provider related to the user's DoorDash order. The text does not say whether tips through the platform count as goods.

Details
Who
User
What it covers
Delivery Providers

Supporting quotations

ask a Delivery Providers to purchase or deliver any goods or perform any services not ordered through the DoorDash platform
give or offer to give any goods to a Delivery Providers related to your DoorDash order

Not stated here

  • Whether tips or payments made through the platform are covered by the giving-goods rule is not stated

Legal Rights & Agreement Rules · Restriction or exception

Merchants and Delivery Providers are independent, and DoorDash disclaims responsibility for their acts and omissions

DoorDash says it provides the Services to connect the user with independent Merchants that provide the products and services offered and independent third-party Delivery Providers who provide delivery and other services. The user acknowledges that 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 Delivery Provider. Merchants are the retailers of the products or services. DoorDash says it is not in the delivery business and is not a common carrier, and that displayed delivery, pickup or preparation times are purely estimates and not a promise, commitment or guarantee. This is subject to the exception in Section 6(b).

Details
Who
DoorDash; Merchants; Delivery Providers
What it does
Disclaims responsibility and liability for Merchant and Delivery Provider acts and omissions

Supporting quotations

DoorDash provides the Services to connect you with independent Merchants that provide the products and services offered through the Services, and independent third-party Delivery Providers who provide delivery and other services.
has no responsibility or liability for the acts or omissions of any Merchant or any Delivery Provider.
Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by DoorDash.

Qualifications & exceptions

  • Subject to Section 6(b) for certain United States Orders
  • Displayed times are estimates only

Cross-references

Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

DoorDash does not vouch for Merchants, Delivery Providers, food safety or listing accuracy; listings may be AI-generated

DoorDash says it will not assess or guarantee the suitability, legality or ability of any Delivery Provider or Merchant. The user agrees that DoorDash is not responsible for Merchants' food preparation or product offerings, food or product handling, or the safety of food or products, or for whether photographs, images, videos, menu or product listings, catalogs, item descriptions or other information, including nutrition, ingredient and allergen information, accurately reflect what Merchants sell. DoorDash says it does not verify Merchants' compliance with applicable laws or regulations. The user also acknowledges that such listings and information may not have been provided directly by the Merchant and may have been generated or enhanced with the assistance of artificial intelligence.

Details
Who
DoorDash
What it covers
Merchant listings, food safety, nutrition, ingredient and allergen information

Supporting quotations

DoorDash will not assess or guarantee the suitability, legality, or ability of any Delivery Provider or Merchant.
DoorDash is not responsible for Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products
may not have been provided directly by the Merchant and/or may have been generated or enhanced with the assistance of artificial intelligence

Qualifications & exceptions

  • Covers nutrition, ingredient and allergen information shown through the Services
  • Listings may not come directly from the Merchant and may be AI-generated or AI-enhanced
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

For some US Orders DoorDash Essentials, LLC is the Merchant and retailer, notwithstanding the independence rule

Notwithstanding Section 6(a), 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. The text says it is a subsidiary of DoorDash, Inc. and a Merchant listed on the Services. For these orders the Section 6(a) statements that Merchants are independent and that DoorDash is not a merchant do not apply as written.

Details
Who
DoorDash Essentials, LLC
Where
United States Orders
Condition
Order placed with DoorDash Essentials, LLC (dba DashMart or other brands)

Supporting quotations

(b) Notwithstanding Section 6(a):
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.

Qualifications & exceptions

  • Applies to United States Orders placed with DoorDash Essentials, LLC (dba DashMart or other brands)
  • Stated notwithstanding Section 6(a)

Not stated here

  • Other DoorDash-affiliated Merchants beyond those named are not addressed

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

For some Canada Orders Rapid Retail Canada, Inc. is the Merchant and retailer

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 therefore the retailer of the goods sold. The text describes it as an affiliate of DoorDash Technologies Canada, Inc. and a Merchant listed on the Services. This is an exception to the rule that Merchants are independent third parties.

Details
Who
Rapid Retail Canada, Inc.
Where
Canada Orders

Supporting quotations

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.

Qualifications & exceptions

  • Applies to Canada Orders placed with Rapid Retail Canada, Inc. (dba DashMart or other brands)

Cross-references

Legal Rights & Agreement Rules · Permission or license

You consent to electronic records, and electronic notices count as written

By creating a DoorDash account or using the Technology or Services, the user consents to the use of electronic records. All terms, agreements, notices, disclosures and other communications that DoorDash provides electronically satisfy any legal requirement for them to be in writing. The user agrees to keep contact information, including email address, current. The paragraph does not affect statutory rights. To view and retain a copy of the Agreement the user needs a device with a web browser and Internet access, and either a printer or storage space on the device.

Details
Who
User; DoorDash
Exception
Does not affect statutory rights

Supporting quotations

you consent to the use of electronic records
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

Qualifications & exceptions

  • The paragraph does not affect the user's statutory rights

Legal Rights & Agreement Rules · Restriction or exception

Section 14 is the Arbitration Agreement: claims go to binding arbitration or small claims, and class actions are barred

The section is referred to as the 'Arbitration Agreement' and asks the user to read it carefully. It requires, unless the user is a Canada Consumer who resides in the Province of Québec and with limited exceptions, that any and all claims between the user and DoorDash be resolved by binding arbitration or in small claims court or tribunal. Unless the user is an Australian Consumer and to the extent permitted by law, it prevents class actions or similar proceedings in any forum. Arbitration is required if the user's country of residence enforces arbitration agreements. A user outside the United States, Canada, Australia and New Zealand who tries to bring a claim in one of those countries must arbitrate the threshold question of whether Section 14 applies, including residency, arbitrability, venue and applicable law. If the country of residence does not enforce arbitration agreements, the pre-arbitration dispute resolution, notification and class and representative proceedings prohibition still apply to the extent enforceable by law.

Details
Who
User and DoorDash
What it does
Resolve claims by binding arbitration or small claims; no class actions
Exception
Canada Consumers residing in Québec; Australian Consumers for the class bar

Supporting quotations

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, with limited exceptions, any and all claims between you and DoorDash be resolved by binding arbitration or in small claims court or tribunal.
Unless you are an Australian Consumer and to the extent permitted by applicable law, this Section 14 prevents you from pursuing a class action or similar proceeding in any forum.
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
“Canada Consumer” means your primary residence is in Canada.

Qualifications & exceptions

  • Does not apply to Canada Consumers residing in the Province of Québec
  • The class action bar does not apply to Australian Consumers and applies to the extent permitted by applicable law
  • Arbitration is required if the user's country of residence enforces arbitration agreements

Not stated here

  • The pre-arbitration dispute resolution and notification steps are described later in the section

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

The arbitration scope covers nearly any dispute about the Services, including past ones, and any type of claim

The user agrees that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement will be resolved by binding arbitration rather than in court. This includes the user's access or use of the Services as a User, advertising or marketing communications regarding DoorDash or the Services, products or services sold or distributed through the Services that the user received as a User, and any aspect of their relationship or transactions with DoorDash as a User. It covers contract, tort, statutory and unfair competition claims. The Arbitration Agreement applies to disputes and claims that arose or were asserted before, on or after the effective date of the Agreement.

Details
What it does
Resolve disputes by binding arbitration rather than in court
When
Disputes arising before, on or after the effective date

Supporting quotations

any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, including but not limited to your access or use of the Services as a User of the Services
(this includes, without limitation, any contract, tort, or statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court
This Arbitration Agreement applies to all such disputes and claims that arose or were asserted before, on, or after the effective date of this Agreement.

Qualifications & exceptions

  • Applies to claims relating to the user's use of the Services, communications, products or services received, and relationship or transactions as a User
  • Applies to disputes that arose or were asserted before, on or after the effective date

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Claims that cannot legally be arbitrated, such as US sexual assault or harassment claims, are excluded

The Arbitration Agreement does not cover claims that cannot be arbitrated under governing law or for which a pre-dispute arbitration agreement is unenforceable, after taking into account Federal Arbitration Act preemption in the United States. The example given is individual claims for sexual assault or sexual harassment arising from use of the Services by United States Consumers. It also does not cover matters otherwise provided in the Arbitration Agreement. Either the user or DoorDash may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without it the arbitration might be rendered ineffectual.

Details
Exception
Claims that cannot be arbitrated under governing law; individual sexual assault or harassment claims by United States Consumers
What it does
Apply to court for temporary or preliminary injunctive relief

Supporting quotations

This Arbitration Agreement does not cover claims that cannot be arbitrated under governing law or for which a pre-dispute arbitration agreement is unenforceable
such as individual claims for sexual assault or sexual harassment arising from use of the Services by United States Consumers
Either you or DoorDash may also apply to a court of competent jurisdiction for temporary or preliminary injunctive relief

Qualifications & exceptions

  • Sexual assault and sexual harassment example applies to individual claims by United States Consumers
  • Court applications for temporary or preliminary injunctive relief are available to either party

Not stated here

  • Which other claims cannot be arbitrated depends on governing law and is not listed

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · User right or choice

United States and New Zealand consumers may use small claims court or tribunal for qualifying claims, individually

The lead-in sentence says the following additional jurisdiction-specific exception applies to United States, Australia and New Zealand Consumers only, but the exception that follows is headed 'United States and New Zealand Consumers Only', and no Australia-specific item appears in this passage. It says the user may assert claims in small claims court or tribunal if their claims qualify, so long as the matter remains in that court and advances only on an individual, non-class, non-representative basis.

Details
Where
United States and New Zealand Consumers
Condition
Claim qualifies; matter remains in small claims court or tribunal on an individual basis

Supporting quotations

The following additional jurisdiction-specific exception to the foregoing applies to United States, Australia, and New Zealand Consumers only:
(i) United States and New Zealand Consumers Only. 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.

Qualifications & exceptions

  • Applies to United States and New Zealand Consumers, as the exception is headed
  • The matter must remain in the small claims court or tribunal and proceed on an individual basis only

Not stated here

  • The lead-in names Australia Consumers, but the exception that follows is limited to United States and New Zealand Consumers

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

By accepting the Arbitration Agreement you elect not to take part in class cases already or later filed against DoorDash

The notice says cases have been filed against DoorDash, and others may be filed, that attempt to assert class action claims. By accepting the Arbitration Agreement the user elects not to participate in such cases.

Details
Who
User
What it does
Elect not to participate in class cases

Supporting quotations

BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

Qualifications & exceptions

  • Applies to class action cases filed against DoorDash now or in the future

Not stated here

  • The text does not identify any particular case

Legal Rights & Agreement Rules · Restriction or exception

Agreeing to arbitration means you will not join or seek recovery in class, collective or representative lawsuits

The notice says that by agreeing to arbitration with DoorDash, the user agrees not to participate in or seek to recover monetary or other relief in any such class, collective or representative lawsuit. Instead the user may bring their claims against DoorDash in an individual arbitration, in which an arbitrator could award money or other relief if the claims succeed. The class waiver itself appears in the waiver paragraph, which requires claims to be arbitrated on an individual basis and not on a class, collective or representative basis.

Details
Who
User
What it does
Not join or seek recovery in class, collective or representative lawsuits; arbitrate individually

Supporting quotations

IF YOU AGREE TO ARBITRATION WITH DOORDASH, YOU ARE AGREEING THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT.
YOU MAY BRING YOUR CLAIMS AGAINST DOORDASH IN AN INDIVIDUAL ARBITRATION
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

Qualifications & exceptions

  • Applies to class, collective and representative lawsuits covered by the Arbitration Agreement
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

The Arbitration Agreement extends to DoorDash's affiliates, vendors and named partners, who can enforce it

The Arbitration Agreement extends to disputes between the user and DoorDash's Related Third Parties, and between the user's Related Third Parties and DoorDash, that arise out of or relate to the Agreement or use of the Services. 'Related Third Parties' includes a party's affiliates, subsidiaries, successors, related entities, agents, employees, contractors, subcontractors, insurers, licensees, assignees, vendors and suppliers. DoorDash's Related Third Parties include but are not limited to Amplitude, Persona, Checkr, Blue Star, Stripe, Payfare and their affiliates. The Arbitration Agreement is intended to benefit and be enforceable by and against Related Third Parties, so either the user or DoorDash may compel arbitration of disputes against the other party's Related Third Parties, to the maximum extent permitted by law and consistent with Section 14, including Section 14(f) where applicable.

Details
Who
User; DoorDash; Related Third Parties
What it covers
Disputes with Related Third Parties

Supporting quotations

This Arbitration Agreement extends to disputes between you and DoorDash’s Related Third Parties, and to disputes between your Related Third Parties and DoorDash, that arise out of or relate to this Agreement, or your use of the Services.
DoorDash’s Related Third Parties include but are not limited to Amplitude, Persona, Checkr, Blue Star, Stripe, Payfare, and their respective affiliates.
either you or DoorDash may compel arbitration of disputes against the other party’s Related Third Parties, to the maximum extent permitted by law and consistent with this Section 14 (including Section 14(f), where applicable).

Qualifications & exceptions

  • Applies to disputes that arise out of or relate to the Agreement or use of the Services
  • Enforcement is to the maximum extent permitted by law and consistent with Section 14, including Section 14(f) where applicable
  • DoorDash's Related Third Parties include but are not limited to the named companies

Not stated here

  • The full list of DoorDash's Related Third Parties is not given

Cross-references

Legal Rights & Agreement Rules · Procedure

Before arbitration you and DoorDash must hold a personal informal conference per claimant, within 60 days

Before either side demands or starts arbitration, the user and DoorDash agree to meet and confer personally by telephone or videoconference in a good-faith effort to resolve the claim informally. Each conference must be individualized: a separate conference for each intended individual arbitration, and multiple individuals cannot join the same conference unless the parties mutually agree. Either side may be represented by counsel, but both parties must also fully participate. A party satisfies the obligation by attending the whole conference and conferring in good faith. The party starting the claim must give written notice of intent to initiate a conference, and the conference occurs within 60 days after the other party receives it unless the parties agree to extend. Between notice and conference the parties may try to resolve the claim.

Details
Who
User and DoorDash
When
Within 60 days after notice is received
Condition
Before demanding or commencing arbitration; separate conference for each claimant

Supporting quotations

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.
which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties.

Qualifications & exceptions

  • Conferences are individualized, one for each intended individual arbitration
  • Conference must occur within 60 days after the notice is received unless an extension is mutually agreed
  • Both parties must participate even when represented by counsel
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Procedure

To start the informal process with DoorDash you email Informal.Resolution@doordash.com with your details and claim

To notify DoorDash of an intent to start an informal dispute resolution conference, the user emails Informal.Resolution@doordash.com with their name, the telephone number associated with their DoorDash account (if any), the email address associated with the account, and a description of the claim. When DoorDash initiates the process it emails the user at the account email address with a description of DoorDash's claim.

Details
Who
User; DoorDash
What it does
Email notice of intent with name, phone, account email and claim description

Supporting quotations

To notify DoorDash that you intend to initiate an informal dispute resolution conference, email
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
DoorDash will email you using the email address associated with your DoorDash account and include a description of DoorDash’s claim.

Qualifications & exceptions

  • Telephone number is required only if one is associated with the DoorDash account
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · User right or choice

Limitation periods and filing-fee deadlines are tolled while the informal process runs

The statute of limitations and any filing fee deadlines are tolled while the parties engage in the required informal dispute resolution process. The agreement also says that, in the interval between notice and the conference, the parties are free to try to resolve the initiating party's claims.

Details
When
While the informal dispute resolution process is under way

Supporting quotations

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.

Qualifications & exceptions

  • Tolling lasts while the parties engage in the informal dispute resolution process

Not stated here

  • Whether the text tolls deadlines under other agreements or rules is not stated
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Skipping the informal conference gets an arbitration dismissed; a willful failure can mean paying the other side costs

Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. An arbitration filed without fully and completely complying with the informal procedures is dismissed. If it is dismissed because a party willfully failed to comply, the arbitrator may order the non-compliant party to pay arbitration filing fees and costs incurred by the other party because of the willful failure.

Details
What it does
Dismiss the arbitration; order the non-compliant party to pay filing fees and costs
Condition
Arbitration filed without complying; willful failure for cost-shifting

Supporting quotations

Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. An arbitration shall be dismissed if it was filed without fully and completely complying 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 as a result of the willful failure to comply.

Qualifications & exceptions

  • Cost-shifting applies where dismissal results from a party's willful failure to comply
  • Arbitrator may, not must, order payment

Legal Rights & Agreement Rules · Procedure

US Consumers: the FAA governs, and notice of intent to arbitrate goes to DoorDash counsel or a San Francisco address

For United States Consumers, the Arbitration Agreement is governed by the Federal Arbitration Act in all respects. If for any reason the FAA's rules cannot apply, the arbitration law of the state where the user resides applies. Before beginning an arbitration, a party must send notice of intent to initiate arbitration and certify completion of the informal dispute resolution conference. Notice to DoorDash must be sent by email to the counsel who represented DoorDash in the informal process or, if there was none, by mail to General Counsel at 303 2nd Street, Suite 800, San Francisco, CA, 94107.

Details
Where
United States Consumers
What it does
Send notice of intent to arbitrate and certify the informal conference

Supporting quotations

(i) United States Consumers Only. This Arbitration Agreement is governed by the 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).
or if there was no such counsel, then by mail to General Counsel, at 303 2nd Street, Suite 800, San Francisco, CA, 94107.

Qualifications & exceptions

  • Applies to United States Consumers only
  • State arbitration law of the user's residence applies if the FAA cannot
  • Notice must certify completion of the informal dispute resolution conference

Legal Rights & Agreement Rules · Procedure

US arbitration is run by JAMS, and a demand filed with another provider is to be dismissed

Any arbitration is conducted by JAMS under its rules and the terms of the Agreement. Once the notice certifying completion of the informal dispute resolution conference has been served, the party seeking to arbitrate must file the arbitration demand with JAMS. If an arbitration is filed with a different arbitration provider than the one the Agreement requires, that provider is to dismiss the demand immediately.

Details
Who
JAMS; party seeking arbitration
What it does
File the arbitration demand with JAMS

Supporting quotations

Any arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement.
the party seeking to arbitrate must then file the arbitration demand with JAMS
that provider shall immediately dismiss the arbitration demand

Qualifications & exceptions

  • Demand is filed after the notice certifying completion of the informal conference is served
  • Appears after the United States Consumers Only paragraph and before the Canada Consumers Only paragraph

Not stated here

  • The text does not separately state whether these paragraphs also apply to consumers outside the United States

Legal Rights & Agreement Rules · Procedure

An arbitration demand must include contact details, claims and facts, the remedy and amount sought, and a signature

The demand must include the name, telephone number, mailing address and email address of the party seeking arbitration; a statement of the legal claims and the factual bases; a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; and the signature of the party. Requests for injunctive relief or attorneys' fees do not count toward the amount in controversy unless the injunctive relief seeks the payment of money.

Details
Who
Party seeking arbitration
What it covers
Arbitration demand contents

Supporting quotations

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
an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars
and (D) the signature of the party seeking arbitration

Qualifications & exceptions

  • Amount in controversy is stated in United States Dollars
  • Injunctive relief and attorneys' fees do not count toward the amount unless the injunctive relief seeks the payment of money
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Procedure

JAMS Comprehensive and Mass Arbitration rules apply, and grouped arbitrations handle 100 or more similar demands

Disputes are subject to JAMS's most current Comprehensive Arbitration Rules and Procedures and, if applicable, its most current Mass Arbitration Procedures and Guidelines, with fees set by the JAMS fee schedules, including a mass arbitration schedule where it applies. The grouped arbitration clause adds that, notwithstanding other provisions, when 100 or more similar arbitration demands are presented to the selected provider within a 30-day period, the parties cooperate to organize them into randomized groups of no more than 100 demands, with one set of filing and administrative fees per group. Within a group the arbitrator resolves each arbitration individually.

Details
Who
JAMS; parties
Condition
100 or more similar demands within a 30-day period for grouping

Supporting quotations

Disputes shall be subject to JAMS’s most current version of its Comprehensive Arbitration Rules and Procedures
The fees that shall apply to arbitrations administered by JAMS are set forth in JAMS Arbitration Schedule of Fees and Costs
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
the parties shall cooperate to organize the arbitration demands into randomized groups of no more than 100 demands
the arbitrator shall resolve all arbitrations within a group on an individual basis

Qualifications & exceptions

  • Mass arbitration procedures apply if applicable
  • Grouping applies when 100 or more similar demands are presented within a 30-day period
  • Each arbitration in a group is resolved on an individual basis

Not stated here

  • The JAMS rules and fee schedules are not supplied in this document
Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Procedure

If JAMS is unavailable the parties pick another forum, then AAA, then a court appoints an arbitrator

If JAMS is not available or willing to arbitrate, the parties mutually select an alternative arbitral forum. If, and only if, they cannot agree, the arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules and, if applicable, its Supplementary Rules for Mass Arbitrations. If AAA is also not available or willing and the parties still cannot agree, either party may invoke 9 U.S.C. § 5 to ask a court of competent jurisdiction to appoint an arbitrator.

Details
What it does
Select an alternative forum; administer under AAA; request court appointment of an arbitrator

Supporting quotations

If JAMS 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”) under its Consumer Arbitration Rules
either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitrator

Qualifications & exceptions

  • AAA applies only if the parties cannot agree on an alternative forum
  • Court appointment applies only if AAA is also unavailable and the parties still cannot agree

Legal Rights & Agreement Rules · Procedure

Only a court decides which arbitration provider applies; either side may go to court if the terms are not enforced

If there is a dispute over which arbitration provider will administer the arbitration, only a court, and not an arbitrator or administrator, can resolve it, and the arbitration is stayed until the court does. If at any time the arbitrator or administrator fails to enforce the terms of the Arbitration Agreement, either party may seek to enjoin the arbitration in court, and the arbitration is automatically stayed pending the outcome of that proceeding.

Details
Who
Court; either party
What it does
Decide provider disputes; enjoin arbitration that fails to enforce the terms

Supporting quotations

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.
If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Arbitration Agreement, either party may seek to enjoin the arbitration proceeding in court, and the arbitration shall automatically be stayed pending the outcome of that proceeding.

Qualifications & exceptions

  • Court decides provider disputes; arbitration is stayed meanwhile
  • Either party may seek to enjoin arbitration if the arbitrator or administrator fails to enforce the Arbitration Agreement's terms

Legal Rights & Agreement Rules · User right or choice

Awards over $1,000,000 in injunction or monetary relief can be appealed to an arbitration appellate panel within 14 days

If the arbitration involves a request for an injunction or monetary relief that exceeds $1,000,000, either party has the right to appeal the award to an arbitration appellate panel. The notice of appeal must be served in writing on the opposing party within fourteen days after the award has become final. JAMS administers the appeal under its Arbitration Appeal Procedures.

Details
When
Within fourteen days after the award becomes final
Condition
Request exceeds $1,000,000

Supporting quotations

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 the 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.

Qualifications & exceptions

  • Applies only if the request for an injunction or monetary relief exceeds $1,000,000
  • Notice of appeal must be served in writing within fourteen days after the award has become final

Not stated here

  • The JAMS Arbitration Appeal Procedures are not supplied in this document

Legal Rights & Agreement Rules · Restriction or exception

All arbitration hearings and rulings are confidential

The parties agree that all of the arbitration hearings and rulings are confidential. The sentence does not say who may disclose what to whom or list exceptions.

Details
What it covers
Arbitration hearings and rulings

Supporting quotations

The parties agree that all of the arbitration hearings and rulings shall be confidential.

Not stated here

  • Exceptions to confidentiality, such as disclosure to counsel or as required by law, are not stated in this sentence

Legal Rights & Agreement Rules · Procedure

Canada Consumers (outside Québec): provincial arbitration law and ADRIC rules apply; notices go to Vancouver

For Canada Consumers other than those residing in Québec, the Arbitration Agreement is governed, to the extent permitted by applicable law, by the domestic arbitration act of the user's province and the ADR Institute of Canada, Inc. Arbitration Rules, as applicable, except as otherwise expressly agreed. Before arbitrating, a party must send notice of intent and certify completion of the informal dispute resolution conference. Notice to DoorDash goes by email to the counsel who represented it in the informal process or, if none, by mail to General Counsel, DoorDash at 1066 West Hastings Street, Suite 2000, Vancouver BC V6E 3X2, Canada, with a copy to legal@doordash.com. Demands are filed with ADRIC under its rules and must include the claimant's contact details, the legal claims and facts, the remedy sought with a good-faith amount in controversy, and a signature. The demand must also be delivered to General Counsel, DoorDash at the Vancouver address and legal@doordash.com.

Details
Where
Canada Consumers other than Québec residents
Who
ADRIC; party seeking arbitration; DoorDash General Counsel

Supporting quotations

(ii) Canada Consumers Only (Except Those who Reside in the Province of Québec).
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
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).
Arbitration demands shall be filed with ADR Institute of Canada, Inc. (“ADRIC”) and shall be submitted in accordance with the ADRIC Rules
Your demand for arbitration must also be delivered to General Counsel, DoorDash at 1066 West Hastings Street, Suite 2000, Vancouver BC V6E 3X2, Canada

Qualifications & exceptions

  • Applies to Canada Consumers other than those residing in the Province of Québec
  • Injunctive relief and attorneys' fees do not count toward the amount in controversy unless the injunctive relief seeks the payment of money

Not stated here

  • The ADRIC Rules are not supplied in this document
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

Canada Consumers: one lawyer or former-judge arbitrator, a provincial-capital seat, and DoorDash-paid arbitration costs

The arbitration is heard by a single arbitrator selected under the ADRIC Rules, who must be a lawyer or former judge. The seat is the capital city of the province of the user's primary residence as of the effective date of the Agreement, but at the user's request the hearing may be within 45 kilometres of that residence. The arbitration may proceed virtually, and the arbitrator may order a virtual arbitration at either party's request. Unless applicable law provides otherwise, the user and DoorDash pay equal shares of applicable filing fees and usual administrative costs common to court and administrative proceedings; DoorDash pays additional costs uniquely associated with arbitration, such as ADRIC and arbitrator costs and room rental or technical help for a virtual arbitration. If ADRIC is not available, the parties mutually select an alternative arbitral forum.

Details
Where
Canada Consumers other than Québec residents
What it does
Share basic fees equally; DoorDash pays arbitration-specific costs

Supporting quotations

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.
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
DoorDash shall pay any additional costs uniquely associated with arbitration, such as payment of the costs of ADRIC and the Arbitrator

Qualifications & exceptions

  • Applies to Canada Consumers other than those residing in the Province of Québec
  • Equal sharing of filing fees and usual administrative costs applies unless applicable law provides otherwise
  • Hearing location within 45 kilometres of the user's residence is available at the user's request

Not stated here

  • The text does not state the amount of the shared fees
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

Australia Consumers: arbitration starts by letter to DoorDash in Melbourne and runs under the Australian Disputes Centre

To begin arbitration, an Australia Consumer must send a letter requesting arbitration and describing the claim to DoorDash's registered agent, General Counsel, at Level 15, 222 Exhibition Street, Melbourne VIC 3000 Australia. The arbitration is conducted by the Australian Disputes Centre under its then-current arbitration rules and the terms of the Agreement. If the Centre is not available, the parties select an alternative arbitral forum. The user may choose to have the arbitration conducted by telephone, video conference, written submissions, or in person in the country where they live or at another mutually agreed location.

Details
Where
Australia Consumers
Who
Australian Disputes Centre

Supporting quotations

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.
The arbitration will be conducted by the Australian Disputes Centre (“ADC”) under then-current arbitration rules and pursuant to the terms of this Agreement.
You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.

Qualifications & exceptions

  • Applies to Australia Consumers only
  • The hearing format is the user's choice among telephone, video conference, written submissions and in person

Not stated here

  • The ADC rules are not supplied in this document
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

New Zealand Consumers: the Arbitration Act 1996 governs, and arbitration depends on a post-dispute written agreement

For New Zealand Consumers, the Arbitration Agreement is governed by the Arbitration Act 1996, and Schedule 2 of the Act does not apply to any arbitration. The text says that where the user is a 'consumer' for the purposes of the Arbitration Act 1996, the agreement to arbitrate is subject to a separate written agreement made after the dispute has arisen, in accordance with section 11 of the Arbitration Act 1996. The document does not describe what happens if no such separate agreement is made.

Details
Where
New Zealand Consumers
Condition
User is a consumer under the Arbitration Act 1996

Supporting quotations

(iv) New Zealand Consumers Only. 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 in accordance with section 11 of the Arbitration Act 1996.

Qualifications & exceptions

  • Applies to New Zealand Consumers only
  • The post-dispute written agreement requirement applies where the user is a consumer for the purposes of the Arbitration Act 1996

Not stated here

  • What happens if no separate post-dispute written agreement is made is not stated

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator decides disputes about the Arbitration Agreement itself, except the class waiver, which a court decides

Except for Section 14(f), the enforceability of which can only be determined by a court, the arbitrator, and not any federal, state, provincial or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or waiver of the Arbitration Agreement, including any claim that all or part of it is void or voidable, to the extent permitted by applicable law. The class waiver provision adds that any claim that all or part of the Section 14(f) waivers is unenforceable, unconscionable, void, voidable or waived may be determined only by a court of competent jurisdiction and not by an arbitrator.

Details
Who
Arbitrator; court of competent jurisdiction
Exception
Section 14(f) enforceability decided only by a court

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 waiver of this Arbitration Agreement
the enforceability of which can only be determined by a court
may be determined only by a court of competent jurisdiction and not by an arbitrator

Qualifications & exceptions

  • Applies to the extent permitted by applicable law
  • Section 14(f) is the exception: only a court determines its enforceability
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Procedure

Each arbitration stands alone, with no consolidation outside grouped arbitrations; the Apex Doctrine limits discovery

The arbitration decides the rights and liabilities, if any, of the user and DoorDash. Except as expressly agreed in Section 14(g), it will not be consolidated with other matters or joined with other proceedings or parties. The arbitrator may issue orders, including subpoenas to third parties to the extent permitted by law, allowing discovery sufficient for each party to prepare its claims or defenses, bearing in mind that arbitration is designed to be speedy and efficient. The parties agree that the Apex Doctrine applies, which precludes depositions of either party's current or former high-level officers unless the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted.

Details
Who
Arbitrator; parties
Exception
Grouped arbitrations under Section 14(g)

Supporting quotations

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 arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses
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

Qualifications & exceptions

  • Consolidation and joinder are excluded except as expressly agreed in Section 14(g)
  • Depositions of high-level officers require unique, personal knowledge and exhaustion of less burdensome discovery methods
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Procedure

The arbitrator can decide cases early and award individual relief like a judge, in a reasoned, final decision

The arbitrator has authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator may award, on an individual basis, monetary damages and any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules and the Agreement, must follow applicable law, and has the same authority to award individual relief as a judge in a court of law. The arbitrator issues a written statement of decision describing the essential findings and conclusions on which any award, or decision not to render an award, is based, including the calculation of any damages. The arbitrator's decision is final and binding on the user and DoorDash.

Details
Who
Arbitrator
What it does
Decide dispositive motions; award individual relief; issue a written decision

Supporting quotations

The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute.
The arbitrator shall follow applicable law and has the same authority to award individual relief as a judge in a court of law.
The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded.
The arbitrator’s decision is final and binding on you and DoorDash.

Qualifications & exceptions

  • Relief is awarded on an individual basis
  • The decision is final and binding on the user and DoorDash
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

An arbitration award binds only the parties and has no preclusive effect in other arbitrations

The award is binding only among the parties and has no preclusive effect in any other arbitration or other proceeding involving a different party. Rulings in arbitrations involving DoorDash and other consumers have no preclusive effect in any arbitration between DoorDash and a consumer, and the arbitrator will not give binding effect, against either DoorDash or the consumer, to any decision or award in another arbitration involving a different party. The grouped arbitrations clause also provides that no final award from an arbitrator in any one arbitration has preclusive effect in any other arbitration.

Details
What it covers
Arbitration awards and rulings

Supporting quotations

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 shall not give binding effect, as against either DoorDash or consumer, to any decision or award rendered in any other arbitration proceeding involving a different party
(G) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration

Qualifications & exceptions

  • Applies to proceedings involving a different party
Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Restriction or exception

You and DoorDash waive court and jury trial; an arbitrator gives a final decision with limited court review

To the extent permitted by applicable law, the user and DoorDash waive any constitutional and statutory rights to sue in court and receive a judge or jury trial, and instead elect to have all disputes resolved by binding arbitration, except as specified in Section 14(a). The section describes binding arbitration as a process in which a neutral third party, the arbitrator, makes a final and binding decision. It says there is no judge or jury in arbitration and that court review of an arbitration award is limited.

Details
Who
User and DoorDash
What it does
Waive court and jury trial; elect binding arbitration
Exception
Disputes specified in Section 14(a)

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.
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.

Qualifications & exceptions

  • Applies to the extent permitted by applicable law
  • Disputes excluded from arbitration under Section 14(a) are outside the waiver

Legal Rights & Agreement Rules · Restriction or exception

US, Canada and New Zealand consumers waive class, collective and representative actions; Australia is excluded

This waiver is labeled for United States, Canada and New Zealand Consumers and states that it does not apply to Australia Consumers. Except as expressly agreed in Section 14(g) and to the extent permitted by applicable law, the user and DoorDash waive any right to resolve claims within the scope of the Arbitration Agreement on a class, collective or representative basis. All such claims must be arbitrated individually, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If a civil court finds all or part of the waiver unenforceable in a dispute filed as a class, collective or representative action, that action must be litigated in court, the enforceable portion is enforced in arbitration, and the court portion is stayed pending the arbitration. The provision does not prevent settling claims on a class, collective or representative basis.

Details
Where
United States, Canada and New Zealand Consumers; not Australia
What it does
Waive class, collective and representative proceedings; arbitrate individually
Exception
Grouped arbitrations under Section 14(g)

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 court, but the portion of the Waiver of Class, Consolidated, and Representative Actions that is enforceable shall be enforced in arbitration.
This provision does not prevent you or DoorDash from settling claims on a class, collective, or representative basis.

Qualifications & exceptions

  • Applies to United States, Canada and New Zealand Consumers and not to Australia Consumers
  • Applies to the extent permitted by applicable law and except as expressly agreed in Section 14(g)
  • The court-litigation fallback applies where a civil court finds the waiver unenforceable in whole or part

Cross-references

Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

Public injunctive relief is waived where the law allows; if not waivable it is severed and decided in court afterwards

To the extent permitted by law, after taking FAA preemption into account, the parties waive the right to seek public injunctive relief. If that right cannot be waived and a party seeks public injunctive relief in any form, only that request is severed from the rest of the claim and any other claims in the action and resolved in court after the arbitration of the remainder. Only a court decides whether a complaint seeks public injunctive relief. Any claim that all or part of the Section 14(f) waivers is unenforceable, unconscionable, void, voidable or waived may be determined only by a court of competent jurisdiction and not by an arbitrator.

Details
What it does
Waive public injunctive relief; sever and litigate it in court if it cannot be waived
Who
Court of competent jurisdiction

Supporting quotations

the parties waive the right to seek public injunctive relief
that request for public injunctive relief (and only that request for public injunctive relief) shall be severed from the rest of any claim
only a court will decide whether a complaint seeks public injunctive relief
may be determined only by a court of competent jurisdiction and not by an arbitrator

Qualifications & exceptions

  • Applies to the extent permitted by law after taking FAA preemption into account
  • Applies to United States, Canada and New Zealand Consumers, because Section 14(f) does not apply to Australia Consumers

Cross-references

Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Procedure

When 100 or more similar demands arrive in 30 days, they are grouped in randomized batches of up to 100

Notwithstanding any other provision, if 100 or more similar arbitration demands are presented to the selected arbitration provider within a 30-day period, the parties must cooperate to organize them into randomized groups of no more than 100 demands, with a final group for any remainder. Claimants' counsel organizes and presents the grouped demands in the format the provider directs. The provider assesses one set of filing and administrative fees per group, sets up one Arbitration Management Conference per group, and no arbitrator is to be appointed to more than five groups without the parties' written consent, subject to applicable disclosure and disqualification procedures. The user agrees to cooperate in good faith with DoorDash and the provider to implement this approach. Grouped arbitrations take place in person or, if the parties prefer, by video conference, and the parties may agree to proceed on written submissions alone.

Details
Who
Parties; claimants' counsel; arbitration provider
Condition
100 or more similar demands within a 30-day period

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
the parties shall cooperate to organize the arbitration demands into randomized groups of no more than 100 demands
the arbitration provider shall assess one set of filing and administrative fees per group
(D) the arbitration provider shall set up one Arbitration Management Conference per group
You agree to cooperate in good faith with DoorDash and the arbitration provider to implement such a grouped approach to administration and fees.
Grouped arbitrations shall take place in person or, if the parties prefer, by video conference.

Qualifications & exceptions

  • Applies when 100 or more similar demands are presented within a 30-day period
  • Applies notwithstanding any other provision of the Agreement
  • No arbitrator appointed to more than five groups absent the parties' written consent

Not stated here

  • The sentence on the five-group limit and disqualification procedures reads as run together in the source text
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

Grouped arbitrations are still decided individually, do not delay any claim, and do not become class arbitrations

Regardless of grouping, the arbitrator resolves all arbitrations within a group on an individual basis. Grouping does not delay the filing or adjudication of any individual demand, and groups proceed concurrently unless the parties agree otherwise. No final award in any one arbitration has preclusive effect in any other arbitration. The parties agree that nothing in the grouped arbitrations clause converts traditional, individual, bilateral arbitrations into representative or class arbitrations.

Details
Who
Arbitrator
What it covers
Arbitrations within a group

Supporting quotations

(E) regardless of the grouping described above, the arbitrator shall resolve all arbitrations within a group on an individual basis
grouping shall not delay the filing or adjudication of any individual arbitration demand, and groups shall proceed concurrently unless the parties agree otherwise
(G) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration
The parties agree that nothing herein converts traditional, individual, bilateral arbitrations into representative or class arbitrations.

Qualifications & exceptions

  • Applies to arbitrations within a group formed under the grouped arbitrations clause
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · User right or choice

Only new account holders on or after the effective date can opt out of arbitration; earlier opt-outs are honored

DoorDash's updates to the Terms do not give a new opportunity to opt out of the Arbitration Agreement to customers or Users who previously agreed to a version of DoorDash's or Caviar's Terms and did not validly opt out. DoorDash will continue to honor valid opt-outs from a prior version. A customer or User who creates a DoorDash or Caviar account for the first time on or after the effective date of these Terms may opt out of the Arbitration Agreement. If they do, neither they nor DoorDash can force the other to arbitrate as a result.

Details
Who
Customers and Users; DoorDash
Condition
Created a DoorDash or Caviar account for the first time on or after the effective date

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.
DoorDash will continue to honor the valid opt outs of customers or Users who validly opted out of the Arbitration Agreement in a prior version of the Terms and Conditions.
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. If you do so, neither you nor DoorDash can force the other to arbitrate as a result.

Qualifications & exceptions

  • The opt-out opportunity applies to customers or Users who create a DoorDash or Caviar account for the first time on or after the effective date
  • Valid opt-outs from a prior version continue to be honored
  • Prior customers who did not validly opt out get no new opportunity

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

To opt out, email opt-out@doordash.com within 30 days with set details; only you can opt yourself out

To opt out, the user must notify DoorDash in writing no later than 30 days after first becoming subject to the Arbitration Agreement. The notice must include the user's name and address, DoorDash username (if any), the email address currently used to access the DoorDash account (if any), and a clear statement that they want to opt out. It must be sent to opt-out@doordash.com, and any attempt to opt out by another method is ineffective. Each notice must come from the user and not an agent or representative, may opt out at most only that user, and a notice purporting to opt out multiple users is not effective as to any. If the user opts out, all other parts of the Agreement continue to apply, and opting out has no effect on any other arbitration agreements the user has or later enters with DoorDash.

Details
When
No later than 30 days after first becoming subject to the Arbitration Agreement
What it does
Send a written opt-out notice to opt-out@doordash.com

Supporting quotations

To opt out, you must notify DoorDash in writing no later than 30 days after first becoming subject to this Arbitration Agreement.
Your notice must include your name and address, your DoorDash username (if any), the email address you currently use to access your DoorDash account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement.
Any attempt to opt out by any method other than the one listed above will be ineffective.
Each opt-out notice must be sent by you, and not by any agent or representative.
If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.

Qualifications & exceptions

  • Notice must be given in writing no later than 30 days after first becoming subject to the Arbitration Agreement
  • Only the email address given works; other methods are ineffective
  • Each notice opts out only the sender; no agent or representative may opt out for other users
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Delivery Provider contractor agreements are unaffected; opting out here does not end arbitration under them

Notwithstanding anything to the contrary, nothing in the Agreement supersedes, amends or modifies the terms of any separate agreement between the user and DoorDash relating to their work as an employee or independent contractor, including an independent contractor agreement governing services as a Delivery Provider. For the avoidance of doubt, a Delivery Provider who opts out of the Arbitration Agreement in Section 14 does not thereby change their agreement to arbitrate disputes covered by their independent contractor agreement.

Details
Who
Delivery Providers
What it covers
Separate employee or independent contractor agreements

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
IF YOU ARE A DELIVERY PROVIDER, OPTING OUT OF THE ARBITRATION AGREEMENT SET FORTH IN SECTION 14 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH DOORDASH

Qualifications & exceptions

  • Applies to separate agreements relating to work as an employee or independent contractor
  • For Delivery Providers, opting out of Section 14 does not affect the independent contractor agreement's arbitration

Not stated here

  • The terms of any independent contractor agreement are not part of this document

Legal Rights & Agreement Rules · Restriction or exception

The Arbitration Agreement survives termination until limitation periods expire; later changes skip noticed claims

The Arbitration Agreement survives any termination of the user's relationship with DoorDash until the expiration of all applicable statutes of limitations. If DoorDash makes a future material change to the Arbitration Agreement, it will not apply to any individual claim the user had already provided notice of to DoorDash.

Details
When
Until all applicable statutes of limitations expire
Exception
Future material changes do not apply to claims already noticed

Supporting quotations

This Arbitration Agreement will survive any termination of your relationship with DoorDash until the expiration of all applicable statutes of limitations.
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.

Qualifications & exceptions

  • Survival lasts until the expiration of all applicable statutes of limitations
  • A later material change does not apply to individual claims already noticed to DoorDash

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

The Arbitration Agreement is the full agreement on formal dispute resolution; an unenforceable part leaves the rest

The Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes it covers. If any portion is deemed unenforceable, the remainder of the Arbitration Agreement remains enforceable.

Details
What it covers
The Arbitration Agreement

Supporting quotations

This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement.
In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.

Qualifications & exceptions

  • Applies to disputes covered by the Arbitration Agreement

Legal Rights & Agreement Rules · Restriction or exception

DoorDash does not warn you when a link leaves its Services and is not responsible for third-party sites, apps or ads

The Services may contain links to third-party websites, applications and advertisements. When the user clicks or taps such a link, DoorDash will not warn them that they have left DoorDash's website or Services or that another site's terms and privacy policies now apply. These third-party sites and ads are not under DoorDash's control and DoorDash says it is not responsible for them. Links are provided only as a convenience; DoorDash does not review, approve, monitor, endorse, warrant or make representations about them or their products or services. The user uses all such links at their own risk and should review the applicable terms and policies, including privacy and data gathering practices, and make whatever investigation they consider appropriate before any transaction with a third party.

Details
Who
DoorDash; third parties
What it covers
Third-party websites, applications and advertisements

Supporting quotations

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.
does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites and Advertisements or their products or services
You use all links in Third-Party Websites and Advertisements at your own risk.

Qualifications & exceptions

  • Applies to links to Third-Party Websites, Third-Party Applications and Third-Party Advertisements
  • The user is told to review third-party terms and privacy practices themselves

Legal Rights & Agreement Rules · Restriction or exception

The agreement is with DoorDash, not the App Store; DoorDash is solely responsible for the app, and you pay related fees

The availability of the Technology and Services depends on the third party from which the user received the app license, such as the Apple or Android app store. The agreement is between the user and DoorDash and not the App Store. DoorDash, not the App Store, is solely responsible for the Technology and Services, including the mobile applications, content, maintenance, support services, warranty and addressing claims such as product liability, legal compliance or intellectual property infringement. The Apple-specific terms add that, as between DoorDash and Apple, Apple is not responsible for addressing claims the user or any third party has about the app. The user must have access to a wireless network and pays all fees for that access and any fees charged by the App Store. The user's licence to use the Technology and Services is conditioned on compliance with applicable third-party terms, such as the App Store's terms and policies.

Details
Who
DoorDash; App Store; Apple
What it does
Pay wireless and App Store fees; comply with third-party terms

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, and addressing any claims relating thereto
You also agree to pay all fees (if any) charged by the App Store in connection with the Technology or the Services.
your license to use the Technology and the Services is conditioned upon your compliance with, all applicable third-party terms or agreements
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

Qualifications & exceptions

  • The licence is conditioned on compliance with applicable third-party terms or agreements
  • Apple's non-responsibility statement is made as between DoorDash and Apple
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

You warrant you are not in an embargoed country or on a prohibited-party list, and App Stores can enforce the Agreement

The user represents and warrants that they are not located in a country subject to a United States Government embargo or similar laws of other countries where applicable, or designated by the United States or Canadian Government as a 'terrorist supporting' country, and that they are not listed on any United States or Canadian Government list of prohibited or restricted parties. The user also acknowledges that each App Store and its affiliates is an intended third-party beneficiary of the Agreement and has the right to enforce its terms and conditions.

Details
Who
User; App Stores and their affiliates
Condition
Not in an embargoed country; not on a prohibited-party list

Supporting quotations

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
you represent and warrant that you are not listed on any United States or Canadian Government list of prohibited or restricted parties
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

Qualifications & exceptions

  • Representations cover embargo laws and designations by the United States or Canadian Government and similar laws where applicable
  • App Stores and their affiliates may enforce the Agreement as third-party beneficiaries
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Alcohol orders require legal age and ID at delivery, and the recipient must not be intoxicated

Alcohol delivery or pickup may be available in some locations and from certain Merchants. The user agrees to order alcohol only if they, the intended recipient and anyone who may consume it are of legal age in the relevant jurisdiction. On delivery or pickup, the recipient must provide valid government-issued identification proving the requisite age and must not be intoxicated. An alcohol order is delivered only if the Merchant accepts it.

Details
Who
User; recipient
Condition
Legal age, valid identification, not intoxicated

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.
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
the order will only be delivered if the Merchant accepts your order

Qualifications & exceptions

  • Applies in some locations and from certain Merchants
  • Legal age is judged in the relevant jurisdiction for the user, the recipient and anyone who may consume the products
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Other age-restricted items need legal age and ID at delivery, or the whole order may be lost and non-refundable

The user may be able to order other age-restricted items, such as certain over-the-counter medication or products under age-verification rules or Merchant or DoorDash policies, from certain Merchants. The user agrees to order them only if they, the intended recipient or anyone who may consume them are of legal age to purchase, and that on delivery or pickup the recipient provides valid government-issued identification proving the age. The person delivering will refuse delivery under applicable law if the recipient cannot provide that identification or is not physically present. If delivery cannot be completed for those reasons, the purchase is non-refundable, the user may not receive any part of the order, including items that are not age-restricted bought with it, and a non-refundable Undeliverable Item Fee may apply.

Details
Who
User; recipient
Condition
Delivery cannot be completed because identification is not provided or the recipient is not present

Supporting quotations

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.
the recipient will provide valid government-issued identification proving the requisite legal age for such age-restricted items
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 Undeliverable Item Fee

Qualifications & exceptions

  • Applies to age-restricted items other than alcohol, from certain Merchants
  • Loss of the whole order applies when delivery cannot be completed because identification is not provided or the recipient is not present

Not stated here

  • The amount of the Undeliverable Item Fee is not stated

Legal Rights & Agreement Rules · Restriction or exception

You must indemnify DoorDash and its related parties for losses from your content, misuse, breaches and legal violations

To the extent permitted by law, the user agrees 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 and attorneys' fees, that arise out of, relate to or result from (a) the user's User Content, (b) the user's misuse of the Technology or Services, (c) the user's breach of the Agreement or any representation, warranty, condition or covenant in it, or (d) the user's violation of applicable laws, rules or regulations through or related to use of the Technology or Services.

Details
Who
User; DoorDash and its officers, directors, employees, agents and affiliates
What it does
Indemnify and hold harmless

Supporting quotations

To the extent permitted by law, you agree to indemnify and hold harmless DoorDash and its officers, directors, employees, agents, and affiliates
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 (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services

Qualifications & exceptions

  • Applies to the extent permitted by law
  • Covers four sources: User Content, misuse, breach of the Agreement, and violation of law
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

You pay to defend indemnified claims, and DoorDash may take over the defense at its own cost with your cooperation

For any claim, allegation, suit or proceeding alleging a matter potentially covered by the indemnity, the user agrees to pay for the defense of the Indemnified Party, including reasonable costs and legal or attorneys' fees. DoorDash reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which case the user must fully cooperate in asserting any available defenses.

Details
Who
User; DoorDash
What it does
Pay for defense; DoorDash may assume defense; user cooperates

Supporting quotations

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.

Qualifications & exceptions

  • Applies to claims alleging a matter potentially covered by the indemnity
  • DoorDash's takeover of defense is at its own cost
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

The indemnity excludes an indemnified party own misconduct and claims between you and DoorDash; it survives termination

The indemnity does not require the user to indemnify an Indemnified Party for any unconscionable commercial practice by it, or for its negligence, fraud, deception, false promise, misrepresentation, or concealment, suppression or omission of any material fact in connection with the Technology or Services. The indemnity survives termination of the account, the Agreement or access to the Technology or Services. It applies solely to claims asserted by third parties and does not apply to any claim or dispute between the user and DoorDash.

Details
Exception
Indemnified Party's own negligence, fraud, deception and similar conduct
What it covers
Third-party claims only

Supporting quotations

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.
This indemnity applies solely to claims asserted by third parties and does not apply to any claim or dispute between you and DoorDash.

Qualifications & exceptions

  • Excludes the Indemnified Party's unconscionable commercial practices, negligence, fraud, deception, false promise, misrepresentation, or concealment, suppression or omission of material facts
  • Applies solely to claims asserted by third parties
  • Survives termination of the account, the Agreement or access
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

The Technology and Services are provided as is, at your own risk, with no warranties, including on content accuracy

The user expressly understands and agrees that use of the Technology and Services is entirely at their own risk. They are provided on an 'as is' basis without guarantees, warranties or conditions of any kind, express or implied, including 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 content made available through the Technology or Services, or of the Services, Technology, text, graphics or links.

Details
Who
DoorDash; User
What it does
Provide the Technology and Services as is without warranties

Supporting quotations

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED
DOORDASH MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES

Qualifications & exceptions

  • Applies to the fullest extent permitted by applicable law
  • Some exclusions may not apply in jurisdictions that do not allow limiting certain implied warranties

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

DoorDash may change the Services without notice and does not guarantee availability, error-free use or no malware

Changes are periodically made to the Technology and Services and may be made at any time without notice. DoorDash will use reasonable endeavors to keep them available as much of the time as possible but does not guarantee they will be available all of the time. It does not warrant that they will operate error-free or be free of computer viruses and other harmful malware. If use results in a need to service or replace equipment or data, DoorDash says it is not responsible for those economic costs.

Details
Who
DoorDash
What it does
Change the Services without notice; disclaim availability, error-free operation and malware freedom

Supporting quotations

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 THEY WILL BE AVAILABLE ALL OF THE TIME.
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.
DOORDASH SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS

Qualifications & exceptions

  • Availability commitment is reasonable endeavors, not a guarantee
  • Applies to the fullest extent permitted by applicable law
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

The disclaimers give way to non-excludable laws, including the Australian Consumer Law and New Zealand consumer statutes

The disclaimer section applies to the fullest extent permitted by applicable law, and United States federal law and some states, provinces and other jurisdictions may not allow the exclusion or limitation of certain implied warranties, so some exclusions may not apply. For Australia and New Zealand Orders, nothing in the Agreement excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by legislation that cannot lawfully be excluded or limited, including the Australian Consumer Law for Australia Orders and the Consumer Guarantees Act 1993 and Fair Trading Act 1986 for New Zealand Orders. The refund terms for Australia Orders likewise preserve Australian Consumer Law rights.

Details
Where
Australia and New Zealand Orders
Exception
Rights and remedies that cannot lawfully be excluded or limited

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.
SECTION 18 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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
Nothing in this clause takes away from any rights you may have under the Australian Consumer Law in respect to the Services.

Qualifications & exceptions

  • Some exclusions may not apply where the law does not allow limiting certain implied warranties
  • The Australia and New Zealand statement applies to Australia and New Zealand Orders
  • Covers rights and remedies that cannot lawfully be excluded or limited

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

DoorDash disclaims responsibility for internet and electronic communication problems, subject to law

The Technology and Services may be subject to limitations, delays and other problems inherent in using the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, DoorDash is not responsible for delays, delivery failures, damage, loss, injury or other economic damage resulting from such problems.

Details
Who
DoorDash
Exception
Applicable law and the Non-Excludable Provisions

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.

Qualifications & exceptions

  • Except as otherwise required by applicable law
  • Subject to the Non-Excludable Provisions

Legal Rights & Agreement Rules · Restriction or exception

The liability limits apply to the fullest extent of the law, and some may not apply in certain places

The Breach and Limitation of Liability section applies to the fullest extent permitted by applicable law, and the section says some of its provisions may not apply in certain jurisdictions. For United States and Canada Consumers, the section explains that the limits reflect a mutual desire to keep the Services simple, efficient and low cost, and the user agrees to the limitations on remedies and liabilities for that reason.

Details
Where
United States and Canada Consumers
Condition
Applies to the fullest extent permitted by applicable law

Supporting quotations

This Section 20 applies to the fullest extent permitted by applicable law, and some provisions in this Section 20 may not apply in certain jurisdictions.
(a) United States and Canada Consumers. This Section 20(a) applies to United States and Canada Consumers.
You understand and agree to the limitations on remedies and liabilities set forth in this Section 20(a) to keep the Technology and Services simple and efficient, and costs low, for all Users.

Qualifications & exceptions

  • Applies to the fullest extent permitted by applicable law
  • The rationale paragraph is stated for United States and Canada Consumers

Not stated here

  • Which jurisdictions the section may not apply in is not listed beyond the specific carve-outs below

Legal Rights & Agreement Rules · Restriction or exception

US and Canada: the limits do not cover injury from negligence, gross negligence, sexual assault or amounts you paid

Nothing in the US and Canada liability section limits or excludes liability for death or bodily injury caused by DoorDash's own negligence; DoorDash's gross negligence or willful misconduct; claims of sexual assault or sexual harassment; refund or restitution of amounts the user actually paid DoorDash for the transaction at issue; or any other liability or remedy that may not be limited or waived under applicable law.

Details
Exception
Death or bodily injury from DoorDash negligence; gross negligence or willful misconduct; sexual assault or harassment; refund of amounts paid; other non-waivable liability

Supporting quotations

NOTHING IN THIS SECTION LIMITS OR EXCLUDES LIABILITY FOR: (a) DEATH OR BODILY INJURY CAUSED BY
(c) CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT
(d) REFUND OR RESTITUTION OF AMOUNTS YOU ACTUALLY PAID TO DOORDASH FOR THE TRANSACTION AT ISSUE
(e) ANY OTHER LIABILITY OR REMEDY THAT MAY NOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW

Qualifications & exceptions

  • Applies in the section for United States and Canada Consumers
  • Refund or restitution is limited to amounts actually paid to DoorDash for the transaction at issue

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Australia: for breach of non-excludable guarantees, DoorDash may limit liability to replace, repair or re-supply

For Australia Consumers, to the fullest extent permitted by applicable law, DoorDash's liability for breach of any Non-Excludable Provision is limited to one or more of the following at DoorDash's option. For goods: replacing them or supplying equivalent goods, repairing them, or paying the cost of replacing them, acquiring equivalent goods or having them repaired. For services: supplying the services again or paying the cost of having them supplied again.

Details
Where
Australia Consumers
What it does
Replace, repair or re-supply, or pay the cost

Supporting quotations

THIS SECTION 20(b)(i) APPLIES TO AUSTRALIA CONSUMERS.
THE LIABILITY OF DOORDASH FOR BREACH OF ANY NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT DOORDASH’S OPTION
IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

Qualifications & exceptions

  • Applies to Australia Consumers
  • Applies to breach of a Non-Excludable Provision and to the fullest extent permitted by applicable law
  • The choice among listed remedies is at DoorDash's option

Legal Rights & Agreement Rules · User right or choice

New Zealand: services carry Consumer Guarantees Act remedies, and DoorDash limits its liability to those remedies

For New Zealand Consumers, the section says the services come with consumer guarantees under the Consumer Guarantees Act 1993. The user is entitled to a replacement or refund for a failure of substantial character and may also be entitled to compensation for other reasonably foreseeable loss or damage. If the failure is not of substantial character, remedies may include, for goods, replacement, repair or a refund if repair or replacement is not reasonably possible, and for services, supplying them again or a refund. Other remedies may be available under the Act depending on circumstances. DoorDash's liability in relation to the provision of services or goods is limited to the remedies provided under the Non-Excludable Provisions and the guarantees set out in Section 20(b).

Details
Where
New Zealand Consumers
What it does
Replacement, refund, repair or re-supply as the Consumer Guarantees Act 1993 provides

Supporting quotations

THIS SECTION 20(b)(ii) APPLIES TO NEW ZEALAND CONSUMERS.
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
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 20(b) OF THIS AGREEMENT.

Qualifications & exceptions

  • Applies to New Zealand Consumers
  • Remedies differ for failures of substantial character and other failures
  • DoorDash's liability is limited to the remedies under the Non-Excludable Provisions and the guarantees in Section 20(b)

Legal Rights & Agreement Rules · Restriction or exception

New Zealand: business acquirers lose Consumer Guarantees Act cover; parts of the Fair Trading Act are contracted out

For New Zealand Consumers, the user agrees and acknowledges that if they are in trade and acquire, or hold themselves out as acquiring, goods or services for business purposes under section 43(2) of the Consumer Guarantees Act 1993, that Act does not apply and its non-application is fair and reasonable. To the extent permitted by law, where goods or services 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.

Details
Where
New Zealand Consumers
Condition
In trade; acquiring for business purposes; goods or services supplied in trade

Supporting quotations

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 and that its non-application is fair and reasonable
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.

Qualifications & exceptions

  • Applies to New Zealand Consumers
  • The Consumer Guarantees Act clause applies where the user is in trade and acquires or holds themselves out as acquiring for business purposes
  • The Fair Trading Act contracting out applies where goods or services are supplied in trade and to the extent permitted by law

Legal Rights & Agreement Rules · Restriction or exception

New Zealand: Part 3 of the Contract and Commercial Law Act 2017 is excluded; you acknowledge non-reliance

For New Zealand Consumers, the user agrees and acknowledges that part 3 of the Contract and Commercial Law Act 2017 will not apply. The user also acknowledges that they do not rely on representations or other conduct by DoorDash, including its officers, employees and sales representatives, whether during negotiations before the Terms were entered into or at any time after entering the Agreement.

Details
Where
New Zealand Consumers
What it does
Exclude part 3 of the Contract and Commercial Law Act 2017; acknowledge non-reliance

Supporting quotations

You agree and acknowledge that part 3 of the Contract and Commercial Law Act 2017 will not apply.
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

Qualifications & exceptions

  • Applies to New Zealand Consumers
  • The non-reliance acknowledgment covers conduct before and after entering the Agreement

Legal Rights & Agreement Rules · Restriction or exception

Australia and New Zealand: DoorDash also disclaims losses from use of the Services and from advertisers and Merchants

For Australia and New Zealand Consumers, except as expressly provided in Sections 6 and 12 and to the fullest extent permitted by applicable law, DoorDash is not liable for any loss, damage or injury the user may incur, including loss arising out of or connected with its websites, the Technology or the Services, such as the use or inability to use them, reliance on the completeness, accuracy or existence of any advertising, or any relationship or transaction with a Merchant, contractor, advertiser or sponsor whose advertising appears on or is referred by the websites or Technology. This applies even if DoorDash or its licensors were previously advised of the possibility of such damages.

Details
Where
Australia and New Zealand Consumers
Exception
Sections 6 and 12 as expressly provided

Supporting quotations

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
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

Qualifications & exceptions

  • Applies to Australia and New Zealand Consumers
  • Except as expressly provided in Sections 6 and 12
  • Applies to the fullest extent permitted by applicable law
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

United States Consumers: permitted court cases go exclusively to San Francisco County or the user's federal district

For a United States Consumer, to the extent the parties are permitted under the Agreement to start litigation in a court, both the user and DoorDash agree that all claims and disputes relating in any way to the subject matter of the Agreement, the user's access or use of the Services, advertising or marketing communications, products or services received through the Services, or any aspect of the relationship or transactions, including contract, tort, statutory and unfair competition claims, will be litigated exclusively in the state or federal courts located in San Francisco County if the user is a California citizen or resident, and in the United States District Court for the district in which they reside if they are not.

Details
Where
United States Consumers; California citizens or residents
Condition
Litigation in court is permitted under the Agreement

Supporting quotations

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
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.
“United States Consumer” means your primary residence is in the United States, including Puerto Rico, a United States territory.

Qualifications & exceptions

  • Applies to United States Consumers, a term that includes Puerto Rico residents
  • Applies only where the Agreement permits litigation in a court
  • Venue depends on whether the user is a California citizen or resident
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Canada Consumers: permitted court cases go exclusively to Toronto courts, except where the law prohibits

For a Canada Consumer, except where prohibited by applicable law, which includes the Province of Québec, and to the extent the parties are permitted under the Agreement to start litigation in a court, both the user 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 the Federal Court of Canada residing in Toronto, Ontario.

Details
Where
Canada Consumers; not where prohibited, including Québec
Condition
Litigation in court is permitted under the Agreement

Supporting quotations

If you are a Canada Consumer, except where prohibited by applicable law (which includes the Province of Québec)
will be litigated exclusively in the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.
“Canada Consumer” means your primary residence is in Canada.

Qualifications & exceptions

  • Applies to Canada Consumers
  • Does not apply where prohibited by applicable law, which includes the Province of Québec
  • Applies only where the Agreement permits litigation in a court

Legal Rights & Agreement Rules · Restriction or exception

Australia and New Zealand: permitted court cases may be heard non-exclusively in Victoria or New Zealand courts

For Australia or New Zealand Consumers, to the extent the parties are permitted under the Agreement to start litigation in a court, both the user and DoorDash irrevocably agree that claims and disputes arising out of or relating to the Agreement will be litigated non-exclusively in the state or federal courts located in the State of Victoria and the Commonwealth of Australia for Australia Consumers, and in the courts located in New Zealand for New Zealand Consumers.

Details
Where
Australia and New Zealand Consumers

Supporting quotations

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
for Australia Consumers, the state or federal courts located in the State of Victoria, Australia and the Commonwealth of Australia
for New Zealand Consumers, the courts located in New Zealand
“New Zealand Consumer” means your primary residence is in New Zealand.

Qualifications & exceptions

  • Applies to Australia and New Zealand Consumers
  • The courts named are non-exclusive
  • Applies only where the Agreement permits litigation in a court

Legal Rights & Agreement Rules · Restriction or exception

DoorDash may also take legal action, and the Agreement and its surviving provisions stay enforceable after termination

In addition to suspending or terminating access, DoorDash reserves the right to take appropriate legal action, including civil, criminal or injunctive redress. Even after the user's right to use the Technology or Services is terminated, the Agreement remains enforceable against the user, and all provisions that by their nature should survive to give effect to them survive termination of the Agreement.

Details
Who
DoorDash
When
After termination of the right to use the Services

Supporting quotations

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.

Qualifications & exceptions

  • Provisions survive where by their nature they should survive to give effect to them

Not stated here

  • The text does not list which provisions survive
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

The Agreement creates no joint venture, partnership, employment or agency relationship

No joint venture, partnership, employment or agency relationship exists between the user, DoorDash or any third-party provider as a result of the Agreement or use of the Technology or Services.

Details
What it covers
Joint venture, partnership, employment and agency relationships

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.

Legal Rights & Agreement Rules · Restriction or exception

Governing law depends on the order: user state, Ontario, Victoria or New Zealand, with the FAA governing Section 14

The Agreement is governed by the laws of the state where the user resides for United States Orders, consistent with the Federal Arbitration Act, which governs Section 14 (the Mutual Arbitration Agreement). For Canada Orders it is the Province of Ontario and the laws of Canada applicable there, except where prohibited by applicable law, which includes the Province of Québec. For Australia Orders it is the State of Victoria, Australia, and for New Zealand Orders it is New Zealand.

Details
Where
United States, Canada, Australia and New Zealand Orders
What it covers
Governing law

Supporting quotations

for United States Orders, the state where you reside and consistent with the Federal Arbitration Act which governs Section 14 (Mutual Arbitration Agreement)
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
for Australia Orders, the State of Victoria, Australia; and (iv) for New Zealand Orders, New Zealand

Qualifications & exceptions

  • For United States Orders, the law of the state where the user resides, consistent with the Federal Arbitration Act for Section 14
  • For Canada Orders, Ontario law except where prohibited by applicable law, which includes the Province of Québec

Legal Rights & Agreement Rules · Restriction or exception

If part of the Agreement is invalid the rest stays in force, and delay in enforcing a right is not a waiver

Except as otherwise provided in the Agreement, if any provision is found invalid or unenforceable under applicable law, that does not affect the validity or enforceability of the remaining provisions, which remain in full force and effect. Unless otherwise required by law, any delay or failure by either party to enforce or insist on strict compliance with a provision, or to assert or exercise a right, power or privilege, is not a waiver of it and does not prevent that party from enforcing it or any other provision later.

Details
Who
Either party
Exception
Unless otherwise required by law

Supporting quotations

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 of such provision

Qualifications & exceptions

  • Severability applies except as otherwise provided in the Agreement
  • No-waiver applies unless otherwise required by law

Legal Rights & Agreement Rules · User right or choice

Complaints go to Customer Support; California residents can also contact the state Complaint Assistance Unit

A user with a complaint about the Services is directed to the Customer Support page. For United States Consumers who are residents of California, in accordance with California Civil Code section 1789.3, they 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.

Details
Where
California residents who are United States Consumers

Supporting quotations

If you have a complaint about the Services, please visit our
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.

Qualifications & exceptions

  • The California Complaint Assistance Unit option is for United States Consumers who are residents of the State of California

Legal Rights & Agreement Rules · Restriction or exception

Apple App Store apps: the Agreement is with DoorDash only, DoorDash is solely responsible, and Apple owes no support

For Technology accessed through or downloaded from the Apple App Store (an 'App Store Sourced Application'), the user acknowledges that the Agreement is concluded between the user and DoorDash only, not Apple, and that DoorDash, not Apple, is solely responsible for the app and its content. Use of the app must comply with the App Store Terms of Service. The user also acknowledges that Apple has no obligation whatsoever to furnish maintenance and support services for the app.

Details
Who
DoorDash; Apple
Condition
Technology accessed through or downloaded from the Apple App Store

Supporting quotations

The following applies to any Technology accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
(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.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

Qualifications & exceptions

  • Applies to Technology accessed through or downloaded from the Apple App Store
  • Use must comply with the App Store Terms of Service

Not stated here

  • The App Store Terms of Service are not supplied in this document

Legal Rights & Agreement Rules · User right or choice

For Apple App Store apps, warranty failures go to Apple for a purchase-price refund; other claims are DoorDash

If an App Store Sourced Application fails to conform to an applicable warranty, the user may notify Apple, and Apple will refund the purchase price, if any. To the fullest extent permitted by applicable law, Apple then has no other warranty obligation for the app. As between DoorDash and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty or condition are the sole responsibility of DoorDash. The document elsewhere says Apple is not responsible for addressing the user's or third parties' claims about the app.

Details
Who
User; Apple; DoorDash
Condition
Failure of the app to conform to an applicable warranty

Supporting quotations

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
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.

Qualifications & exceptions

  • Applies to Technology accessed through or downloaded from the Apple App Store
  • Apple's refund covers the purchase price, if any
  • Apple's lack of other warranty obligations applies to the fullest extent permitted by applicable law

Legal Rights & Agreement Rules · Restriction or exception

For Apple App Store apps, Apple is not responsible for claims; DoorDash handles infringement claims

The user and DoorDash acknowledge that, as between them and Apple, Apple is not responsible for addressing the user's or any third party's claims relating to an App Store Sourced Application or its possession and use, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection claims. For third-party claims that the app or its possession and use infringes intellectual property rights, as between DoorDash and Apple, DoorDash, not Apple, is solely responsible for investigation, defense, settlement and discharge, to the extent required by the Agreement.

Details
Who
DoorDash; Apple
What it covers
Product liability, legal conformance, consumer protection and infringement claims

Supporting quotations

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
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.

Qualifications & exceptions

  • Applies to Technology accessed through or downloaded from the Apple App Store
  • The responsibility allocation is as between DoorDash and Apple
  • DoorDash's responsibility for infringement claims applies to the extent required by the Agreement
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Apple and its subsidiaries can enforce the Agreement as third-party beneficiaries, and you must follow third-party terms

Apple and its subsidiaries are third-party beneficiaries of the Agreement as it relates to the user's licence of the App Store Sourced Application, and on the user's acceptance Apple has the right, and is deemed to have accepted the right, to enforce the Agreement against the user as related to that licence. Without limiting other terms, the user must comply with all applicable third-party terms of agreement when using the app. The earlier App Stores paragraph likewise says each App Store and its affiliates is an intended third-party beneficiary with the right to enforce the Agreement.

Details
Who
Apple and its subsidiaries; User
What it does
Enforce the Agreement against the user as third-party beneficiaries

Supporting quotations

Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application
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
you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application
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

Qualifications & exceptions

  • Apple's enforcement right relates to the user's licence of the App Store Sourced Application
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

DoorDash emails to your last address count as notice even if undelivered; electronic notices count as written

Where DoorDash requires an email address, the user must provide their most current one. If the last email address provided is not valid or cannot deliver required notices, DoorDash's dispatch of the email nonetheless constitutes effective notice. The user agrees that agreements, notices, disclosures, payment or renewal notifications and other communications DoorDash provides electronically, such as by email or posting through the Services including in the account, satisfy any legal requirement that they be in writing or delivered in a particular manner. The user agrees they can store such electronic communications so they remain accessible unchanged.

Details
Who
DoorDash; User
What it does
Treat dispatch of an email to the last address provided as effective notice

Supporting quotations

you are responsible for providing DoorDash with your most current email address
DoorDash’s dispatch of the email containing such notice will nonetheless constitute effective notice
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

Qualifications & exceptions

  • Applies where DoorDash requires an email address
  • Applies to notices required or permitted by the Agreement
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

You give notice to DoorDash through a Customer Support chat, effective the next business day after receipt

The user may give notice to DoorDash by visiting the Customer Support page and initiating a chat. Such notice is deemed given on the next business day after it is actually received by DoorDash. This paragraph is separate from the notice addresses given for arbitration, opt-out and copyright matters elsewhere in the Agreement.

Details
Who
User; DoorDash
When
Deemed given the next business day after receipt

Supporting quotations

You may give notice to DoorDash by visiting our
Such notice shall be deemed given on the next business day after such notice is actually received by DoorDash.

Qualifications & exceptions

  • Notice is deemed given on the next business day after DoorDash actually receives it

Not stated here

  • How this general notice route relates to the specific notice routes for arbitration, opt-out and copyright is not stated
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

You cannot transfer the Agreement or your rights, but DoorDash can assign it without restriction

The Agreement and any rights and licences granted under it may not be transferred or assigned by the user but may be assigned by DoorDash without restriction. An attempted transfer or assignment in violation is null and void. The Agreement binds and benefits each party and its successors and permitted assigns. DoorDash may also subcontract any of its obligations without the user's prior written consent.

Details
Who
User; DoorDash
What it does
Assign or subcontract; user may not transfer

Supporting quotations

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.
DoorDash may subcontract any of its obligations under this Agreement without your prior written consent.

Qualifications & exceptions

  • The user may not transfer or assign; DoorDash may assign without restriction
  • Subcontracting by DoorDash needs no prior written consent from the user

Legal Rights & Agreement Rules · Restriction or exception

Prices use the currency where delivery or pickup occurs; do not use the Services where it is not legally allowed

Unless otherwise indicated, prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs. The user must not access or use any portion of the Services if they are not legally allowed to do so where they are located.

Details
What it covers
Displayed prices and amounts
Condition
Not legally allowed to use the Services where located

Supporting quotations

all prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs
You shall not access or use any portion of the
Services if you are not legally allowed to do so where you are located.

Qualifications & exceptions

  • Currency rule applies unless otherwise indicated
  • Legality is judged by where the user is located

Legal Rights & Agreement Rules · Permission or license

DoorDash may vary, modify or discontinue its websites or Technology, temporarily or permanently

DoorDash may from time to time vary, modify or discontinue, temporarily or permanently, any or all of its websites or the Technology.

Details
Who
DoorDash
What it does
Vary, modify or discontinue websites or Technology

Supporting quotations

We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.

Legal Rights & Agreement Rules · Restriction or exception

English is the official language (English and French for Québec Canada Consumers); translations are courtesy copies

The official language of the Terms is English and French for Canada Consumers who reside in the Province of Québec, and English for all other consumers. Any discrepancy between the official language version and another version is resolved by reference to and interpreting the official language version, and other language versions are provided only as a courtesy. All language versions are intended to convey the same rights and obligations. By selecting a preferred language on the platform, the user confirms they have had the opportunity to review and understand the Terms in that language.

Details
Where
Canada Consumers residing in Québec; all other consumers
What it does
Resolve discrepancies by the official language version

Supporting quotations

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
any discrepancy or conflict between the official language version and any other language version will be resolved with reference to and by interpreting the official language version
any other language version that we may make available is being provided only as a courtesy
By selecting your preferred language through the platform, you confirm that you have had the opportunity to review and understand these Terms in that language

Qualifications & exceptions

  • English and French are official for Canada Consumers who reside in the Province of Québec; English for all other consumers

Legal Rights & Agreement Rules · Restriction or exception

This Agreement is the final, complete agreement and does not change any separate employment or contractor agreement

The Agreement is the final, complete and exclusive agreement of the parties on its subject matter and supersedes and merges all prior discussions on that subject matter. Nothing in it supersedes, amends or modifies the terms of any separate agreement between the user and DoorDash relating to their work as an employee or independent contractor, including an Independent Contractor Agreement governing their work as a Delivery Provider.

Details
Exception
Separate employee or independent contractor agreements

Supporting quotations

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.
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

Qualifications & exceptions

  • Separate agreements on work as an employee or independent contractor are unaffected

Legal Rights & Agreement Rules · Context

DoorDash, Inc. lists its San Francisco address and a customer support telephone number for the United States

The Agreement invites questions or comments and lists contact information. For the United States it gives DoorDash, Inc., 303 2nd Street, Suite 800, San Francisco, CA 94107, a Customer Support link and the telephone number +1 (855) 973-1040. The Canada entry begins in this section and continues after it.

Details
Where
United States
Who
DoorDash, Inc.

Supporting quotations

DoorDash welcomes your questions or comments regarding this Agreement.
DoorDash, Inc.
303 2nd Street, Suite 800
Telephone Number: +1 (855) 973-1040

Qualifications & exceptions

  • United States entry

Legal Rights & Agreement Rules · Context

DoorDash Technologies Canada, Inc. lists a Vancouver contact address and a Customer Support telephone number

For Canada, the contact information lists 1055 West Hastings Street, Suite 1700, Vancouver BC V6E 2E9, a Customer Support link and the telephone number +1 (647) 957-7219. This differs from the Vancouver address given elsewhere in the Agreement for arbitration notices and copyright claims (1066 West Hastings Street, Suite 2000); the document does not explain the difference.

Details
Where
Canada

Supporting quotations

1055 West Hastings Street
Suite 1700
Vancouver BC V6E 2E9
Telephone Number: +1 (647) 957-7219

Qualifications & exceptions

  • Canada entry

Not stated here

  • The document does not say why the Vancouver contact address differs from the arbitration and copyright notice address

Legal Rights & Agreement Rules · Context

DoorDash Technologies Australia Pty Ltd lists a Melbourne address and a Customer Support telephone number

For Australia, the contact information lists DoorDash Technologies Australia Pty Ltd ACN 634 446 030, Level 15 222 Exhibition Street, Melbourne, VIC 3000, Australia, a Customer Support link and the telephone number 1800 958 316.

Details
Where
Australia

Supporting quotations

DoorDash Technologies Australia Pty Ltd ACN 634 446 030
Level 15 222 Exhibition Street
Melbourne, VIC 3000, Australia
Telephone Number: 1800 958 316

Qualifications & exceptions

  • Australia entry

Legal Rights & Agreement Rules · Context

DoorDash Technologies New Zealand lists a Wellington address c/o Quigg Partners and a Customer Support telephone number

For New Zealand, the contact information lists DoorDash Technologies New Zealand NZCN 8252064, Quigg Partners, Level 7, 36 Brandon Street, Wellington, 6011, New Zealand, a Customer Support link and the telephone number 64-800-001-188.

Details
Where
New Zealand

Supporting quotations

DoorDash Technologies New Zealand NZCN 8252064
Quigg Partners
Level 7, 36 Brandon Street,
Wellington, 6011, New Zealand
Telephone Number: 64-800-001-188

Qualifications & exceptions

  • New Zealand entry