Additional Terms for Alcohol Sales

Updated December 4, 2020

These Additional Terms for Alcohol Sales (“Alcohol Terms”) supplement, and supersede to the extent of any inconsistency,  the Services Form and the Grubhub Restaurant Terms (collectively with these Alcohol Terms, the “Agreement”) entered into between GH and the Restaurant. These Alcohol Terms are hereby incorporated into the Agreement in their entirety and govern Restaurant’s obligations regarding the sale of alcoholic beverages on the Systems.  Capitalized terms used but not defined herein have the meanings set forth in the Services Form or Grubhub Restaurant Terms, as applicable. 

In the event that Restaurant includes alcoholic beverages in its menu on the Systems, Restaurant agrees to comply with the obligations in these Alcohol Terms.

  1. Restaurant Obligations Regarding Alcohol Sales.  
    • Applicable Law.  Restaurant shall comply with all applicable laws, rules, and regulations in connection with the sale of alcoholic beverages (“Applicable Alcohol Laws”) on the Systems.
    • Licensing.  Restaurant represents, warrants, and covenants that it will maintain a valid and active liquor license and all other applicable licenses, permits, and registrations for the sale, distribution, and (if applicable) delivery of alcoholic beverages (collectively, “Liquor Licenses”). Restaurant will provide GH with a copy of the Liquor Licenses (including any conditions accompanying such Liquor Licenses) and all renewals thereof, and will immediately notify GH if any Liquor License is not renewed or is revoked, cancelled or surrendered at any time during the Term.  Restaurant agrees that it will provide GH with any additional information that GH may request from Restaurant to confirm that Restaurant is authorized and permitted to sell alcoholic beverages on the Systems.
    • No Conditions.  Restaurant represents, warrants, and covenants that there are no conditions, stipulations or other limitations on its Liquor License that would preclude the off-premises sale of alcoholic beverages or delivery of alcoholic beverages through the Systems.  
    • Seller of Record. Restaurant agrees that it is the seller of all alcoholic beverages under the Agreement. Restaurant shall at all times be solely responsible for determining the selection and setting the price of all alcoholic beverages sold through the Systems, and Restaurant shall have the opportunity review, and to accept or reject, all orders for alcoholic beverages.  
    • Promotions and Perks.  Restaurant shall not offer any promotion on the System (including discounts, Perks or other loyalty programs) except to the extent such promotion complies with all Applicable Alcohol Laws.
    • Menu Items, Menu Tagging and Hours.  Restaurant acknowledges and agrees that it is solely responsible for ensuring that all alcoholic beverages included in its menu on the Systems (i) are of the type authorized for sale and delivery on the Systems under Restaurant’s Liquor Licenses; (ii) are properly tagged as alcoholic beverage items in accordance with the instructions and guidelines made available by GH from time to time; and (iii) are only made available for sale to customers in accordance with any restrictions imposed by any Applicable Alcohol Laws regarding the days or hours on which alcoholic beverages may be sold from Restaurant’s location (e.g. but without limitation, restrictions on Sunday sales), including any limitations set forth on Restaurant’s Liquor Licenses.
    • Returns of Orders Containing Alcohol.  If Restaurant is using the Delivery Services, Restaurant acknowledges that certain orders containing alcoholic beverages may be undeliverable, as determined by GH or the delivery service providers. Restaurant agrees that it shall accept all returns of undeliverable alcoholic beverages and Restaurant shall ensure that its premises remain accessible for delivery service providers for a reasonable period of time following the end of Restaurant’s menu hours to permit delivery service providers sufficient time to return any undeliverable orders.
    • Refunds. Restaurant acknowledges and agrees that it shall be solely responsible for the issuance of any refunds on alcoholic beverages, to the extent permitted under state law.
    • Packaging and Labeling Requirements.  Restaurant acknowledges and agrees that it is solely responsible for selling alcoholic beverages through the Systems only in containers and sizes approved for sale under all Applicable Alcohol Laws, and for ensuring that the packaging of orders containing alcohol beverages complies with any packaging and labeling requirements set forth in any Applicable Alcohol Laws. 
    • Recordkeeping. Restaurant acknowledges and agrees that it is solely responsible for maintenance and retention of records related to sale and deliveries of alcoholic beverages, and Restaurant agrees to maintain such records as required under any Applicable Alcohol Laws.
  2. Payments for Alcohol Orders.  Restaurant acknowledges and agrees that Restaurant will pay GH reasonable fees for its Services, as set forth in the applicable Services Form.  In certain jurisdictions, GH may require Restaurant to register with Stripe Connect, a third-party payment services provider, as a condition for listing alcoholic beverages on its menu. If applicable in Restaurant’s jurisdiction, the payment processing services for Restaurant are provided by Stripe Connect and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). If applicable to Restaurant, by agreeing to these Alcohol Terms or continuing to operate as a merchant on the Systems, Restaurant agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of GH enabling payment processing services through Stripe, Restaurant agrees to provide GH accurate and complete information about Restaurant and its business, and Restaurant authorizes GH to share it and transaction information related to Restaurant’s use of the payment processing services provided by Stripe.  By using Stripe Connect, Restaurant acknowledges and agrees that (a) customer payments for all orders containing alcohol beverages will be processed by Stripe Connect, (b) all proceeds for the sale of alcoholic beverages shall be remitted to Restaurant, (c) GH shall not receive any proceeds for the sale of alcoholic beverages, and (d) Restaurant shall be the merchant of record for any credit card transaction.
  3. Delivery Service Providers.  If Restaurant is using the Delivery Services, Restaurant acknowledges that orders will be delivered to customers by delivery service providers.  For all properly tagged orders containing alcoholic beverages, GH will provide instructions, in-app prompts and/or tools to assist the delivery service providers in completing the delivery in a compliant manner.  By using the Delivery Services, Restaurant agrees that GH will not be liable for any failure by a delivery service provider to comply with Applicable Alcohol Laws.  
  4. Miscellaneous.  GH reserves the right to update and modify these Alcohol Terms at any time at its sole discretion, provided that such modifications will be applied only prospectively.  You agree that GH has the right to notify you of updates to these Alcohol Terms by posting them on the Systems. Therefore, you should review these Alcohol Terms before listing alcoholic beverages on the Systems. These Alcohol Terms may not be amended by Restaurant unless such amendment is signed by an authorized representative of GH. If any provision of the Alcohol Terms is found by a court of competent jurisdiction or regulatory agency to be invalid, unenforceable or in violation of any Applicable Alcohol Laws, then that provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.