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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You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that ActiveCampaign has no responsibility or liability for any Third Party Content.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
"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 Terms of Service
(1) REGULATORY FRAMEWORK: Implicates worker misclassification law under California AB5 (Lab.
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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.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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