MEMBERSHIP TERMS OF USE

Effective: February 25, 2020

GRUBHUB+ AS DEFINED BELOW IS AN AUTOMATICALLY RENEWING MEMBERSHIP SERVICE REQUIRING RECURRING PAYMENTS. WHEN YOU BECOME A MEMBER OF GRUBHUB+, YOU EXPRESSLY AGREE THAT GRUBHUB WILL AUTOMATICALLY CHARGE A PAYMENT METHOD GRUBHUB HAS ON FILE FOR YOUR ACCOUNT AT THE THEN-CURRENT RATE (PLUS TAX, IF APPLICABLE) AT THE START OF EACH BILLING CYCLE, AS DESCRIBED IN THESE MEMBERSHIP TERMS OF USE. FOR TRIAL OFFERS AS DEFINED BELOW, IF YOU DO NOT CANCEL WITHIN THE FREE TRIAL PERIOD, YOU WILL AUTOMATICALLY BE BILLED MONTHLY (PLUS TAX, IF APPLICABLE) UNTIL YOU CANCEL YOUR MEMBERSHIP. 

These Membership Terms of Use (the “Terms”) constitute a legally binding agreement between you (“you”, “your”, or “user”) and Grubhub Holdings Inc. (“Grubhub”, “Seamless”, “GH,” “SL,” “we”, “us”, or “our”) that governs your purchase and use of a Grubhub membership subscription service including Grubhub+ (GH+) and Seamless+ (SL+) (as used in these Terms, collectively, “Grubhub+”). Your purchase and use of Grubhub+ is subject to these Terms, the Grubhub Terms of Use, available at https://www.grubhub.com/legal/terms-of-use (the “Terms of Use”), and the Grubhub Privacy Policy, available at https://www.grubhub.com/legal/privacy-policy (the “Privacy Policy”). If there is any direct conflict between the Terms of Use or the Privacy Policy and these Terms, the conflict will be resolved in favor of these Terms with respect to Grubhub+. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Terms of Use or the Privacy Policy, as applicable. You may use Grubhub+ only in compliance with these Terms, the Terms of Use and the Privacy Policy (collectively, the “Agreements”) and all applicable laws and regulations. Your use of Grubhub+ indicates that you agree with, and are bound by, the Agreements. 

Subject to applicable laws and any exceptions as expressly provided herein, any changes or modifications to these Terms will be effective immediately upon posting, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in Grubhub+ following any such changes or modifications confirms your acceptance of these Terms and such changes or modifications; therefore, you should review these Terms frequently to understand the terms and conditions that apply to your access to and participation in Grubhub+. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENTS, YOU MAY NOT PURCHASE OR USE GRUBHUB+.

General

A Grubhub+ membership grants you access to exclusive membership offers (e.g. $0 Delivery Fee) on orders placed through the Platform from eligible restaurants, provided such orders meet a minimum subtotal (excluding taxes, tips, and other fees) as indicated through the Platform (“Membership Offers”). Membership Offers and other Grubhub+ benefits may be redeemed only at eligible restaurants, as indicated through the Platform. Grubhub reserves the right to change whether a restaurant is eligible for Grubhub+ at any time with or without notice. Unless otherwise explicitly stated in a Membership Offer, other fees, including but not limited to Small Order Fees and Service Fees, may apply and vary, and will not be affected or discounted as a result of your Grubhub+ membership. Grubhub and restaurants reserve the right to charge additional fees and change menu pricing at any time without notice to you. Grubhub+ restaurants and orders are subject to delivery driver and geographic availability. Taxes may apply to the cost of the items you order. You may provide an optional gratuity. Certain users and accounts (including corporate accounts) may not be eligible for Trial Offers or Grubhub+. Certain order types (including but not limited to orders containing alcohol, catering orders, group orders, and on-campus orders) may not qualify for Grubhub+. Your participation in Grubhub+ is subject to any applicable laws, rules, policies, and requirements that may apply regarding the receipt of gifts. Consistent with applicable laws and Grubhub policies, government entities, government-affiliated entities, and labor organizations (in each case, whether federal, state or local and whether in the United States or abroad) are not eligible to participate in Grubhub+. For clarity, the Membership Offers only apply to orders placed with Grubhub (for Grubhub+ members) and Seamless (for Seamless+ members) and do not apply to orders placed on Grubhub’s other properties, including, without limitation, Grubhub for Work, menupages, Grubhub kiosks, or any LevelUp-powered sites or services.

Billing Cycles & Payment

Grubhub+ is offered for a monthly fee payable at the start of the relevant billing cycle. Monthly billing cycles will recur each calendar month on the date of your initial purchase (including the date your Trial Offer converts to a paid membership and your payment method is charged); provided, however that if your initial purchase occurs on a date that is not applicable in subsequent months, the monthly membership will recur on the last calendar day of such months. (For example: If your free Trial Offer expires on January 1 and converts to a paid membership, your initial date of purchase is January 1 and the membership will renew on February 1. If your initial purchase takes place on January 31, your membership will renew again on February 29 and on the last day of each month thereafter.) By signing up for Grubhub+ and providing Grubhub with your payment method, you agree that: (a) you will be charged your first Grubhub+ membership fee and any applicable taxes on the date you purchase your Grubhub+ membership; (b) you authorize Grubhub and its service providers to store your payment method for the purpose of executing future Grubhub+ auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR GRUBHUB+ MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE START OF EACH BILLING CYCLE, and (d) AT THE TIME OF RENEWAL, GRUBHUB WILL AUTOMATICALLY CHARGE THE THEN-CURRENT GRUBHUB+ FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to your Grubhub+ membership. If you would like to use a different payment method or if there is a change in payment method, please update your billing information. You authorize us to charge any payment method associated with your account in case your primary payment method is declined or no longer available to us for payment of your membership fee. Grubhub may cancel your Grubhub+ membership with or without notice if your payment method is invalid for any reason. You remain responsible for any uncollected amounts notwithstanding any termination of your Grubhub+ membership or Grubhub account.

Trial Offers & Promotional Discounts

From time to time, Grubhub offers some users free trial or other promotional Grubhub+ memberships (“Trial Offers”). Such Trial Offers are subject to these Terms, except as otherwise stated in the Trial Offer. Trial Offer eligibility and duration are determined by Grubhub at its sole discretion. Grubhub may require you to provide additional information or undergo verification to confirm your eligibility for a Trial Offer. Subject to applicable laws, we reserve the right to cancel, revoke, or pause your Trial Offer for any reason, including in the event that we determine that you are not eligible (including to prevent Trial Offer abuse). When your Trial Offer period has expired, your membership will automatically convert into a paid Grubhub+ membership, and Grubhub will bill you the applicable fee on that date unless otherwise set forth in the Trial Offer. If you cancel Grubhub+ before the trial period has expired, Grubhub will not charge you for the Grubhub+ membership and you will no longer receive Grubhub+ membership benefits. If you purchase a Grubhub+ membership with a promotional code or discount, each time your Grubhub+ membership renews, you will be charged the full billing amount rather than the promotional amount unless stated otherwise. Only one free trial or promotional membership is permitted per account and per household. If your Grubhub+ membership is ever terminated for any reason, you will not be eligible for a free or promotional trial on any subsequent Grubhub+ membership unless otherwise determined by Grubhub in its sole discretion.

Limited-Time Membership Benefits

From time to time, certain Grubhub+ members may be eligible to participate in additional membership benefits, including but not limited to members-only rewards promotions (e.g. “Cashback” or “Grubhub+ Reward Programs”) and Donate the Change donation matching programs, as determined by Grubhub in its sole discretion. 

With respect to Grubhub+ Reward Programs, from time to time (as indicated by Grubhub), participating Grubhub+ members will receive a specified Grubhub credit (“Cashback Reward” or “Grubhub+ Reward”) when users spend a specified amount on fulfilled Grubhub+ eligible orders (“Spend Requirement”), subject to these Terms. Unless otherwise specified, only amounts spent by users on their order subtotals (before tax, tip, and fees) will count towards the Spend Requirement. To earn a Grubhub+ Reward, Grubhub+ members participating in a Grubhub+ Reward Program must meet the Spend Requirement within the relevant Spend Period. Unless otherwise specified, “Spend Period” means (i) the first thirty (30) day period beginning on the date such members place their first eligible order that counts towards the Spend Requirement and (ii) at Grubhub’s discretion, each thirty (30) day period thereafter for the duration of the Grubhub+ Reward Program. UNLESS OTHERWISE INDICATED BY GRUBHUB, ALL GRUBHUB+ REWARDS WILL EXPIRE IF YOU HAVE NOT EARNED ANY GRUBHUB+ REWARDS WITHIN NINETY (90) DAYS FOLLOWING THE DATE OF YOUR MOST RECENT GRUBHUB+ REWARD. Applicable Grubhub+ Rewards will appear as a payment method in users’ accounts, and users must apply the Grubhub+ Rewards credits to their purchases in order to redeem the Grubhub+ Rewards. In Grubhub’s discretion, purchases containing alcohol may not apply toward Spend Requirement accrual. The Grubhub+ Reward may not be exchanged or redeemed in connection with certain purchases and order types, including on-campus Campus Dining orders. Grubhub+ Rewards are non-transferable and cannot be exchanged or redeemed for cash. Amounts spent on cancelled, refunded, or fraudulent orders may not count towards Spend Requirement. Once applied to an order and redeemed at time of purchase, Grubhub+ Rewards may not be returned. Subject to applicable laws, Grubhub reserves the right to impose additional restrictions on Grubhub+ Rewards, cease accruing Grubhub+ members’ purchases towards the Spend Requirement, or revoke Grubhub+ Rewards from any Grubhub+ member at any time in Grubhub’s sole discretion, with or without notice. 

With respect to any Donate the Change donation matching program, Grubhub will donate an amount equal to a participating Grubhub+ member’s donation (“Grubhub Match”) donated through Grubhub’s Donate the Change feature in connection with orders placed at Grubhub+ eligible restaurants only. Grubhub Match donations are made by and on behalf of Grubhub, and not Grubhub+ members or any third party. Grubhub Match donations will be made to the charitable cause or public interest organization indicated at the time the user makes a qualifying donation. At Grubhub’s sole discretion, Grubhub may provide you with a monthly, quarterly or annual summary of donation amounts contributed or matched by Grubhub; provided, however, that Grubhub will calculate and display the amount of your donation as a line item in your order receipt, and this will constitute Grubhub’s sole reporting obligation to you in connection with your donation, the Grubhub Match, and the Donate the Change matching program. Grubhub does not guarantee that any single charitable cause or public interest organization will remain available for Donate the Change or the Donate the Change matching program. Subject to applicable laws, Grubhub reserves the right to remove or replace any charitable cause or public interest organization from Donate the Change and/or the Donate the Change donation matching program at any time and for any reason. Subject to applicable laws, (a) Grubhub may cease matching Grubhub+ user donations at any time in its sole discretion with or without notice to you, and (b) Grubhub may notify you of Donate the Change donation matching program suspension by posting on this page. Donations will no longer be eligible for a Grubhub Match when a user’s Grubhub+ membership is terminated. Your participation in any Donate the Change donation matching program is subject to the Donate the Change Terms of Use available at https://lp.grubhub.com/legal/donate-the-change-terms-of-use/.

In the event that you are no longer eligible to participate in a Grubhub+ Reward Program and/or a Donate the Change donation matching program or your participation in Grubhub+ is terminated, you will no longer receive the applicable Grubhub+ benefits. In the event your Grubhub+ membership is terminated, (a) all accrued Grubhub+ Rewards will be void and you will no longer be able to participate in the Grubhub+ Reward Program, and (b) Grubhub will cease matching your donations made through the Donate the Change feature. 

Cancellation & Refund Policy

You can cancel your Grubhub+ membership within the app or at grubhub.com up to 24 hours prior to the next scheduled payment to avoid further charges. For example, if the next-scheduled renewal date is January 1, you must cancel by 11:59:59 PM ET on December 31 if you wish to prevent charges for the upcoming membership cycle. If you cancel your Grubhub+ membership, you will not receive a refund or credit, but you can continue to enjoy Membership Offers through the end of your then-current membership period. 

To cancel your Grubhub+ membership:

iOS and Android App Users:

  1. Log in to your account
  2. Tap on My Grubhub or My Seamless
  3. Tap on the gear image in the upper right hand corner
  4. Navigate to Grubhub+ or Seamless+ menu option
  5. Tap Cancel membership
  6. Confirm Cancel membership

Desktop Users:

  1. Navigate to grubhub.com or seamless.com
  2. Log in to your account
  3. Click on the drop-down menu in the upper right-hand corner 
  4. Navigate to Grubhub+ or Seamless+ menu option
  5. Click Cancel membership
  6. Confirm Cancel membership

IMPORTANT: Except as set forth herein and subject to applicable laws, Grubhub+ members (including those who have participated in a Trial Offer and converted to a paid membership) are not eligible for refunds on any charges incurred for Grubhub+ or credits for partially used membership periods, unless otherwise determined by Grubhub in its sole discretion. It is your sole responsibility (a) to timely cancel your membership if you wish to prevent future charges for Grubhub+ and (b) to review all charges incurred in connection with your Grubhub+ membership. Subject to applicable laws, you must contact Grubhub in the event of a dispute regarding an unauthorized Grubhub+ charge within 60 days of the date of such charge. After such 60 day period, you fully waive, release, and discharge all rights with respect to the unauthorized charge, and Grubhub is fully released from any and all related liability. Grubhub is not responsible for overdraft fees that may be incurred. If you have questions, wish to dispute a charge related to your purchase or use of Grubhub+ or are unsure about when the next scheduled payment will occur, please contact Grubhub Customer Care at https://www.grubhub.com/help/contact-us or by phone at 1 (877) 585-1085.

Updates to Grubhub+ 

To the extent permitted by applicable laws, Grubhub reserves the right to change the Grubhub+ membership plans, including, without limitation, prices, features, and these Terms in any manner and at any time as we may determine in our sole discretion. If Grubhub increases your monthly membership fees or materially changes the Terms, Grubhub will notify you via email and provide you with the opportunity to change your membership before Grubhub+ is renewed for another billing cycle. If you do not wish to continue subscribing with the new monthly membership fees or the Terms, as applicable, you may cancel your Grubhub+ membership within the specified notice period, provided that you may not receive a refund but will continue to access the service through the end of your current billing period. Your continued use of Grubhub+ after the change becomes effective will constitute your acceptance of the new Terms. Any Grubhub+ memberships will be subject to the terms and conditions in effect at the time you sign up or your membership renews. 

Additional Terms

Trial Offers and your Grubhub+ membership cannot be transferred or assigned. If you have a Grubhub and a Seamless account, your Grubhub+ or Seamless+ memberships (including Trial Offers), as applicable, will not transfer among the respective Grubhub and Seamless platforms. Any Trial Offers or invitations to participate in Grubhub+ are made to the intended recipient only, and terms (including with respect to membership fees) may vary per user. To the extent permitted by law, Grubhub reserves the right to refuse, suspend, or cancel your Grubhub+ membership (including Trial Offers), or any part of it, for any reason at any time in its sole discretion with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of Grubhub+. In such cases, Grubhub, in its sole discretion, may provide a refund, discount or other consideration to some or all members. Termination of your Grubhub account will result in termination of your Grubhub+ membership, including any benefits associated with your Grubhub+ membership unless otherwise stated. Except as expressly set forth herein, Grubhub makes no representation or warranty regarding Grubhub+ or any aspect thereof.