§ 24-4-23.2-6 — Provision of third party food delivery services without contract prohibited; required actions of third party food delivery service upon cancellation of contract

Indiana § 24-4-23.2-6

• Jurisdiction: Indiana
• Art. 4: REGULATED BUSINESSES
• Ch. 23.2: Third Party Food Delivery Services

Text

(a) A third party food delivery service may
not provide any services related to facilitating, processing, or delivering
an online order for a covered establishment unless the covered
establishment expressly agrees in a signed writing, or through an
electronic agreement signed and dated with an electronic signature (as
defined in IC 26-2-8-102), to allow the third party food delivery service
to provide those services.
(b) If a covered establishment provides notice to a third party food
delivery service of the covered establishment's cancellation of the
covered establishment's service contract with the third party food
delivery service, the third party food delivery service shall comply with
any terms and conditions for cancellation specified in the contract, not
later than:
(1) the time specified in the contract, if such a time is specified in
the contract; or
(2) if a time is not specified in the contract, seventy-two (72)
hours after the covered establishment's provision of the notice of
cancellation.
Unless otherwise specified in the service contract, not later than the
time specified in subdivision (1) or (2), as applicable, the third party
food delivery service shall remove all menus associated with the
covered establishment, whether the menus were provided to the third
party food delivery service by the covered establishment or otherwise,
from all online modalities or platforms of the third party food delivery
service and shall cease to offer, arrange, or perform any activities
related to the sale, and same-day delivery or pickup, of food and
beverages prepared or provided by the covered establishment.

Legislative History

As added by P.L.136-2023, SEC.1.