“You agree to defend, indemnify, and hold harmless Instacart and Retailers...from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses...that arise out of or relate to...”
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
Readers bear financial responsibility for defending Instacart and Retailers and covering their losses arising from the reader's own conduct, which can include legal costs and third-party claims.
Interpretive note: The excerpt contains two ellipses, which truncate the specific description of triggering conduct and potentially other conditions on the indemnification obligation. The core indemnification structure is clear, but the precise scope of covered conduct cannot be fully verified from the quoted language alone.
Readers are obligated to defend, indemnify, and hold harmless Instacart and Retailers from any losses, claims, actions, damages, penalties, fines, costs, or expenses arising out of or relating to their conduct.
How other platforms handle this
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"You agree to defend, indemnify, and hold harmless Instacart and Retailers...from and against any losses, claims, actions, damages, penalties, fines, costs, or expenses...that arise out of or relate to...Excerpt from Instacart's Terms of Service
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Readers bear financial responsibility for defending Instacart and Retailers and covering their losses arising from the reader's own conduct, which can include legal costs and third-party claims.
Readers are obligated to defend, indemnify, and hold harmless Instacart and Retailers from any losses, claims, actions, damages, penalties, fines, costs, or expenses arising out of or relating to their conduct.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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