Canadian users may be subject to arbitration only where their province or territory allows it; otherwise they can bring disputes in court. They also have 30 days to opt out.
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
This clause creates a conditional dispute resolution framework for Canadian users based on applicable provincial law, rather than applying a single mandatory arbitration requirement across all jurisdictions. The opt-out mechanism provides a defined period during which Canadian residents can elect to proceed outside the arbitration framework.
Interpretive note: The enforceability and scope of the arbitration clause for Canadian users depends on the specific provincial consumer protection statute applicable to the user's province of residence.
Instacart rewrote its entire Terms of Service, adding 367 new sentences including sections on AI-powered services, updated arbitration procedures, and revised data handling practices. The restructuring makes it harder to compare what changed because the entire document was reorganized.
View change record →Canadian users in provinces that restrict mandatory consumer arbitration may retain the right to bring claims in court rather than through arbitration, providing access to the court system for dispute resolution where provincial law does not permit mandatory arbitration.
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"FOR CANADIAN RESIDENTS, WHERE PERMITTED UNDER THE LAWS OF YOUR PROVINCE OR TERRITORY, UNRESOLVED DISPUTES MAY PROCEED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS; OTHERWISE THEY MAY BE BROUGHT IN COURT. YOU MAY ALSO OPT OUT WITHIN 30 DAYS. SEE SECTION 7.— Excerpt from Instacart's Instacart Terms of Service
1. REGULATORY LANDSCAPE: Quebec, British Columbia, Ontario, and other Canadian provinces have consumer protection statutes that may limit or prohibit mandatory arbitration clauses in consumer contracts. The terms' conditional language acknowledges this provincial law variation. The Competition Bureau of Canada and provincial consumer protection offices have jurisdiction over consumer contract terms. 2. GOVERNANCE EXPOSURE: Low to Medium. The carve-out appropriately acknowledges provincial law variation but may require Instacart to maintain province-specific dispute resolution processes to ensure the conditional arbitration framework is operationally implemented. Failure to provide court access where required by provincial law could expose Instacart to regulatory action. 3. JURISDICTION FLAGS: Quebec has the strongest consumer protection framework in Canada and explicitly restricts mandatory arbitration clauses in consumer contracts under the Consumer Protection Act. Ontario's consumer protection framework also limits arbitration in certain consumer contexts. 4. CONTRACT AND VENDOR IMPLICATIONS: Canadian retail partners should be aware that customer dispute resolution pathways differ from the U.S. framework and may require province-specific consideration in their own customer-facing terms. 5. COMPLIANCE CONSIDERATIONS: Legal should confirm that the operational dispute resolution process for Canadian users can accommodate court-based proceedings in provinces where arbitration is not permitted, and that the 30-day opt-out mechanism is functionally available and disclosed to Canadian users at account creation.
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Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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This clause creates a conditional dispute resolution framework for Canadian users based on applicable provincial law, rather than applying a single mandatory arbitration requirement across all jurisdictions. The opt-out mechanism provides a defined period during which Canadian residents can elect to proceed outside the arbitration framework.
Canadian users in provinces that restrict mandatory consumer arbitration may retain the right to bring claims in court rather than through arbitration, providing access to the court system for dispute resolution where provincial law does not permit mandatory arbitration.
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