Instacart says it is not responsible for the actions of the shoppers and delivery drivers who fulfill your orders, because it claims they are independent contractors — not Instacart employees.
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 provision clarifies the operational and legal structure of the service delivery model by defining the scope of Instacart's responsibility and control over third-party performance. This distinction affects liability allocation and the contractual relationships governing service delivery.
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 →This provision limits your ability to hold Instacart accountable for problems caused by the people who shop for and deliver your orders, as the company disclaims responsibility for their conduct and performance.
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THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...
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Instacart has changed this document before.
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"You acknowledge that Instacart does not supervise, direct, or control the performance of services provided by Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership or joint venture or agency relationship with, Instacart.— Excerpt from Instacart's Instacart Terms of Service
(1) REGULATORY FRAMEWORK: Implicates worker misclassification law under California AB5 (Lab. Code §2750.3) and similar state statutes; FTC Act Section 5 regarding potentially deceptive characterization of platform liability; and common law agency doctrines (apparent authority, respondeat superior) that may override contractual disclaimers. Federal and state employment tax law (IRS Form SS-8 analysis) is also implicated by the independent contractor classification. (2)
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The provision clarifies the operational and legal structure of the service delivery model by defining the scope of Instacart's responsibility and control over third-party performance. This distinction affects liability allocation and the contractual relationships governing service delivery.
This provision limits your ability to hold Instacart accountable for problems caused by the people who shop for and deliver your orders, as the company disclaims responsibility for their conduct and performance.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Instacart.