Clause database · Marketplaces, gig, travel, and auto
DoorDash
Consumer Terms and Conditions - US - English (Section 12 - 14)
As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Four exclusion labels — not-captured, incorporated-terms-not-captured, partial-capture, opt-out-referenced-terms-not-captured — are shown in every partition and excluded from every count that assumes the text was read. The test is whether the text on which the field depends was read, not whether the document is awkward.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-class-waiver
The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, to the extent permitted by applicable law except with respect to Section 14(f) below (Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief), the enforceability of which can only be determined by a court.
Company’s fee promise
Reviewed category: reimburses-filing-fee
In all other circumstances, the fees set forth in ADR Services, Inc.’s General Fee Schedule shall apply, except that DoorDash will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by ADR Services, Inc.’s rules. If the arbitrator finds that you cannot afford to pay ADR Services, Inc.’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from ADR Services, Inc., DoorDash will pay them for you.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
Any finding that a claim or counterclaim violates the standards set forth in Federal Rule of Civil Procedure 11 shall entitle the other party to recover their attorneys’ fees, costs, and expenses associated with defending against the claim or counterclaim. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68 or a state or local equivalent, if applicable, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. 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.
Mass-arbitration terms
Reviewed category: batching
in the event 100 or more similar arbitration demands against DoorDash, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch
Small-claims carve-out
Reviewed category: available-standard-carve-out
You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Opt-out
Reviewed category: new-users-only-30-days
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 of this Agreement. To opt out, you must notify DoorDash in writing no later than 30 days after first becoming subject to this Arbitration Agreement.
Unilateral modification
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
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. ... Notwithstanding any provision in the Agreement to the contrary, we agree that 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.
Scope
Reviewed category: broad-plus-survives-termination
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. ... This Arbitration Agreement will survive any termination of your relationship with DoorDash.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by applicable law.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: narrow-severance
In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) a civil court of competent jurisdiction finds all or part of the Waiver of Class, Consolidated, and Representative Actions is unenforceable, the class, collective, or representative action must be litigated in a civil court of competent jurisdiction, but the portion of the Waiver of Class, Consolidated, and Representative Actions that is enforceable shall be enforced in arbitration.
Counsel or representation restrictions
Reviewed category: individualized-conference-required
the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “100 or more” similar arbitration demands — recorded as 100
Window, as reviewed: within a 30-day period
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event 100 or more similar arbitration demands against DoorDash, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period