Grubhub literally says on their website "Grubhub helps you find and order food from wherever you are. How it works: you type in an address, we tell you the restaurants that deliver to that locale as well as showing you droves of pickup restaurants near you.".
Grubhub literally says 'shows you restaurants that deliver to you', imply the restaurant is delivering, not Grubhub. Furthermore it implies if you order, you're ordering from the restaurant- where Grubhub may have put up that ordering entirely without their consent!
At least you didn't cut off the second half of that sentence. The AS WELL AS there is carrying a lot of weight. As long as the restaurant is offering pickup service, Grubhub is very clear about that offering.
The restaurant may not be offering pickup service in a way they consent to because Grubhub is listing them against their consent. Grubhub isn't being clear that these restaurants haven't consented to orders via Grubhub.
This is just reiterating the first post I responded to, and so I'll respond in kind:
Why does Grubhub have any responsibility to obtain the restaurant's consent? If I pay someone to go to the grocers and pick up some items for me, is that someone obligated to obtain the grocers' permission? Why is this situation different?
If the restaurant is offering pickup service, then to me there is no obligation on any third party to obtain permission to utilize that service and deliver the results to a customer.
Grubhub literally says 'shows you restaurants that deliver to you', imply the restaurant is delivering, not Grubhub. Furthermore it implies if you order, you're ordering from the restaurant- where Grubhub may have put up that ordering entirely without their consent!