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 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.
Cross-platform context
See how other platforms handle Third Party Provider Disclaimer and similar clauses.
Compare across platforms →If a shopper or delivery driver causes harm, makes an error, or provides poor service, Instacart's Terms limit its legal responsibility by disclaiming any employment or control relationship with those workers.
(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)
Compliance intelligence locked
Regulatory citations, enforcement risk, and due diligence action items.
Watcher: regulatory citations. Professional: full compliance memo.