Legal
Terms of service
TERMS OF SERVICE β DRIVEREATS
Effective 2 September 2026. DriverEats is operated by Bentonville Digital ("we", "us"). These terms cover DriverRuns and DriveEats, which are one account and one contract. They do NOT cover a Business Software subscription β that is a separate agreement between a business and us, at /legal/pos-terms. If you shop for other people, the Independent Contractor Agreement you signed governs that work and comes first where the two differ.
1. WHAT THIS IS
There are two ways to use it, and the money works the same way in both.
ON DRIVERRUNS you name a shop and write a list. A local shopper β an independent contractor, not our employee β goes to that shop, buys your list AS YOUR AGENT WITH YOUR MONEY, and brings it to your door.
ON DRIVEEATS you order from a kitchen's menu. A courier collects that order and brings it to you. Depending on the kitchen they either collect an order you have already paid for, or place and pay for it at the counter as your agent, exactly as on a shop run. The app tells you which before you confirm, because it changes what you are charged for waiting.
We are an intermediary. We are not the seller of anything you buy and WE ARE NOT THE RESTAURANT. We do not stock, own, price, cook, handle or resell GOODS. The shop or the kitchen sells to you; the shopper or courier buys on your behalf; we introduce you, carry the instructions and move the payment.
We DO set the price of the DELIVERY, and those are different things. What a shop or a kitchen charges for food is theirs; what we charge to fetch it is ours, and it comes from a published rate card rather than from whoever happens to accept your run.
2. WHO YOU ARE CONTRACTING WITH
For the SERVICE of shopping and delivery, your contract is with the individual shopper you chose. They are the merchant of record for their own service: the charge is made on their payment account, and THEIR NAME OR TRADING NAME MAY BE WHAT APPEARS ON YOUR CARD STATEMENT rather than ours.
For the GOODS, your contract is with the shop, exactly as if you had walked in yourself.
Your contract with us is for the platform itself and for the delivery, which is priced by us from a published rate card and shown to you line by line β a base, the distance, the items, any extra stops β before you confirm.
What DriverRuns keeps is the difference between what you are charged for the delivery and what your shopper is paid for it. Both of those rate cards are published.
None of the delivery charge is a percentage of your basket. The lines are a base, the distance and a small amount per item β priced on the work of the run, not the value of the groceries β so what you pay for delivery does not rise because you bought something more expensive. Goods are what the shop's own register rings up, to the cent.
3. AUTHORISATION, THE CEILING, AND WHAT YOU ACTUALLY PAY
Nothing is charged when you place a run. When a shopper accepts it, we place an AUTHORISATION (a hold) on your card for a stated maximum. That maximum is shown to you in full, itemised, before you confirm β it covers the expected basket, a buffer for prices being different from your estimate, the delivery charge, any wait allowance and any tip.
THE CEILING CANNOT BE RAISED AFTER YOU CONFIRM. If a basket would come to more than it, your shopper must stop and ask you rather than spend beyond it.
When the run finishes we capture what the receipt actually says, plus the agreed fees β never more than the ceiling. Anything held and not captured is released by your bank; how quickly is your bank's decision, not ours, and is typically a few business days.
You pay the shelf price. We do not mark goods up, because we do not set them. Sales tax is charged by the shop at its own till; we do not collect it and are not a marketplace facilitator for it.
4. YOUR ESTIMATES, AND WHY THEY MATTER
Prices you enter, and any prices shown from a shop's published menu or list, are ESTIMATES used to size the hold. They are not quotes and are not what you will be charged. What you are charged is what the register rings up, and you get a photograph of that receipt.
5. SUBSTITUTIONS
If something is unavailable, your shopper proposes and you decide β either in advance, by saying what you would accept, or in the moment. Nothing goes in the bag that you have not agreed to. An item that could not be found costs you nothing.
6. TIPS
100% of any tip goes to your shopper. We take no percentage of it and our fee is calculated without it. A tip must be added before you confirm, because the ceiling cannot be raised afterwards.
7. CANCELLING
You can cancel before a shopper has bought anything, and the hold is released. Once shopping has started, you are responsible for goods already purchased on your behalf β they were bought with your authorisation, as your agent, and they are yours.
8. IF SOMETHING IS WRONG
Tell us through the app. What we can do depends on what went wrong:
- WRONG, DAMAGED OR MISSING GOODS are between you and the SHOP, under the shop's own return policy, exactly as if you had bought them yourself. We will give you the receipt, the delivery photograph and the timeline to support that.
- A PROBLEM WITH THE SERVICE β it did not arrive, it arrived somewhere else, the wrong thing was substituted β is between you and your shopper, and we will help you reach them.
- WE DO NOT ISSUE REFUNDS, and we hold no money to refund from. We never take custody of your funds; the payment goes to your shopper's account, not ours. Ask us and we will show you what we recorded.
We record both sides of a problem β your report and the shopper's evidence β and we do not decide who is right. That is for you, the shop, and if it goes that far, your bank.
8A. ORDERING FROM A KITCHEN (DRIVEEATS) This section is about restaurant orders. Everything above applies to them too.
THE MENU IS THE KITCHEN'S, AND IT MAY BE WRONG. Menus reach this site three ways: a business claims its own listing and keeps it, we read a menu from the business's own public website or a PDF it publishes, or we type one in from those sources. We do not invent dishes and we do not set prices. A menu here is a description of what a kitchen sells, not an offer by us β items sell out, prices change at the counter, and a kitchen may stop trading without telling us. What you are charged is what the till says.
IF A MENU IS YOURS AND YOU WANT IT DOWN, tell us and it comes down. There is a form at /menu-policy and it needs no account. We take it off the same day; we do not ask you to prove anything first.
HOW YOUR FOOD IS COLLECTED CHANGES WHAT YOU PAY. Some kitchens take an order and payment in advance, and the courier simply collects it. Others do not, so the courier orders and pays at the counter as your agent β and then somebody is standing there while it is cooked. Paid waiting time is included in the ceiling you agree at checkout for those orders, and the app says so before you confirm.
WE DO NOT CARRY ALCOHOL FROM A RESTAURANT, AND THAT IS NOT A POLICY WE CAN WAIVE. Arkansas lets a restaurant sell alcohol to go with a meal and lets that restaurant deliver it BY ITS OWN EMPLOYEE; a third-party delivery service may not transport it (3 CAR Β§ 3-402). So no restaurant order placed here may include alcohol, whatever the kitchen's own menu offers, and a courier will not buy it. If you add it anyway the item is refused and the rest of your order carries on.
Beer, wine and spirits from a SHOP β a bottle shop or an off-licence, on the DriverRuns rail β are a different rule with a different answer, and where we offer that at all it requires a shopper who is at least 21 and an adult to receive it.
9. USING THE PLATFORM
Be honest about what you are ordering and where it is going. Do not use this platform to obtain anything you are not legally allowed to buy, to have anything bought for a minor that a minor may not have, or to send a shopper somewhere unsafe. See 8A for alcohol, which is not one rule but two.
Do not scrape, resell or bulk-extract anything from the platform, and do not use it to harass anyone. We can suspend an account that does these things.
You must be 18 or over to place a run.
10. WHERE WE OPERATE
DriverEats currently serves Northwest Arkansas. Coverage is shown on the site and changes as we open new areas. We are not available everywhere, and being able to reach this website is not an offer to serve your address.
11. WHAT WE PROMISE, AND WHAT WE DO NOT
We will run the platform with reasonable care. We do not guarantee that a shopper will accept any particular run, that a shop will have any particular item, that a delivery will arrive by a particular time, or that the platform will be available without interruption.
We are not responsible for the quality, safety or legality of goods a shop sold you, for a shopper's conduct, or for anything a shop or a shopper does or fails to do. They are independent of us.
To the fullest extent the law allows, our total liability to you for anything connected with the platform is limited to our own fees on the run the claim relates to. We are not liable for indirect or consequential loss. Nothing here limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited β and some places do not allow these limits at all, in which case they do not apply to you.
12. DISPUTES, ARBITRATION, AND HOW TO OPT OUT
PLEASE READ THIS SECTION. It affects how any dispute between us is decided, and it includes a waiver of class actions. You can opt out of the arbitration part within 30 days and keep everything else.
12.1 TALK TO US FIRST. Most things are a misunderstanding and we would rather fix it than argue about it. Before starting arbitration or a lawsuit, tell us what the problem is and what you want β email support@driverruns.com or use the support box β and give us 30 days to sort it out. We will do the same before bringing anything against you. This step is required of both of us equally.
12.2 SMALL CLAIMS IS ALWAYS OPEN. Either of us may bring an individual claim in a small claims court instead, and nothing in this section stops that. If the claim fits there, that is usually the cheapest and fastest route for everyone.
12.3 ARBITRATION. If we cannot resolve it and it is not in small claims, any dispute arising out of or relating to these terms or your use of the platform will be resolved by BINDING INDIVIDUAL ARBITRATION rather than in court, administered by the American Arbitration Association under its Consumer Arbitration Rules in force at the time. The arbitrator decides the dispute and may award the same individual relief a court could.
12.4 WHERE, AND WHO PAYS. Arbitration is seated in Benton County, Arkansas, but you may choose to have it conducted by telephone, by video, on documents alone, or in the county where you live. Fees and costs are allocated by the AAA rules; where those rules require us to bear the filing and arbitrator fees for a consumer claim, we will.
12.5 NO CLASS ACTIONS. ARBITRATION AND ANY COURT PROCEEDING UNDER THESE TERMS ARE ON AN INDIVIDUAL BASIS ONLY. Neither of us may bring or take part in a class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.
If this paragraph 12.5 is found unenforceable as to a particular claim or a particular request for relief, then THAT claim or request β and only that one β is severed from the arbitration and heard in a court under 12.7, while everything else in this section still applies to everything else.
12.6 HOW TO OPT OUT OF ARBITRATION. You can, and it costs you nothing. Within 30 days of first accepting these terms β or of us telling you this section has materially changed β email support@driverruns.com with the subject "Arbitration opt-out" and include your name, the email on your account, and a plain statement that you are opting out. That is all it takes.
If you opt out, this section does not apply to you: disputes go to the courts named in 12.7 and the class waiver in 12.5 does not bind you. NOTHING ELSE CHANGES. We will not close your account, refuse you service, price you differently or treat you any differently for opting out, and doing so is not a breach of anything. Keep a copy of what you send; we keep ours.
12.7 GOVERNING LAW AND COURTS. These terms are governed by the laws of the State of Arkansas, without regard to its conflict-of-laws rules. For anything not resolved in arbitration β because you opted out, because it is a small claims matter, or because 12.5 severed it β the courts of Benton County, Arkansas have jurisdiction, WITHOUT AFFECTING ANY RIGHT YOU HAVE TO BRING A CLAIM WHERE YOU LIVE. Where the law of the place you live gives you a right that cannot be waived by agreement, that right is not waived by this section.
12.8 THIS SECTION SURVIVES the end of your account and the end of these terms.
13. CHANGES
We may change these terms. If a change materially affects your rights we will say so on the site before it takes effect, and the version and date at the top will change. Continuing to use the platform after that means you accept the new version.
14. CONTACT
support@driverruns.com, or the support box on any page.