“You agree to defend, indemnify, and hold harmless Instacart and Retailers...from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses...”
This analysis describes what Instacart's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification obligation means a user may be personally responsible for covering Instacart's and Retailers' legal costs and damages in claims connected to the user's conduct.
Interpretive note: The excerpt contains an ellipsis suggesting intervening text; the triggering conditions or scope of the indemnification obligation may be further defined in the full clause.
A reader is contractually obligated to cover Instacart's and Retailers' losses, claims, damages, penalties, fines, costs, and expenses in circumstances covered by this clause.
How other platforms handle this
You agree that the provisions of this Section 17 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.
This Section 6 states Indemnifying Party's sole liability to, and Indemnified Party's exclusive remedy against, the other party for any third-party claims.
Walmart reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
"You agree to defend, indemnify, and hold harmless Instacart and Retailers...from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses...Excerpt from Instacart's Terms of Service (Superseded Capture)
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The indemnification obligation means a user may be personally responsible for covering Instacart's and Retailers' legal costs and damages in claims connected to the user's conduct.
A reader is contractually obligated to cover Instacart's and Retailers' losses, claims, damages, penalties, fines, costs, and expenses in circumstances covered by this clause.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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