Sec. 6. (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.

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Terms Used In Indiana Code 24-4-23.2-6

  • Contract: A legal written agreement that becomes binding when signed.
  • covered establishment: means a:

    Indiana Code 24-4-23.2-2

  • online order: means an order that is:

    Indiana Code 24-4-23.2-3

  • third party food delivery service: means a person that:

    Indiana Code 24-4-23.2-5

     (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.

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