Your participation in or use any of the Sites and Apps, including Price Chopper’s AdvantEdge Card Program, confirms your agreement to this Policy and your consent to the use, collection, processing and disclosures of your Personal Information as referenced in this Policy.
Collection and Use of Information
We may collect information from a variety of sources in operating the Sites and Apps, carrying out our business, complying with law, and other purposes described herein. For example, Price Chopper captures and retains information you voluntarily provide when making customer transactions in our stores and when using the Sites and Apps, such as when purchasing products (including gift cards) and using services, participating in our various sweepstakes and promotions, enrolling in our AdvantEdge Card Program, and applying for a job. This information may include personal information (“Personal Information”) about you and your family members, such as but not limited to:
- Contact information, such as your name, mailing address, email address and telephone number
- AdvantEdge Card number
- Payment information, such as payment card number, authentication information, and other billing and account details associated with online or mobile billing
- Date of birth
- Certain household information such as the number of persons residing in your household and their ages
- If you request check-cashing privileges, your driver’s license number
- Employment information if you seek employment with us
- Medical information
- Health insurance information
- Marketing and communication preferences, including special accommodation requests
In general, we will use the Personal Information we collect for the purpose(s) it is collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual obligations, and as otherwise provided in this Policy. Price Chopper may also share Personal Information and aggregated purchase data collected from customers shopping in our stores and online with selected business partners to develop digital coupons and offers, to provide marketing communications to our customers, and to enhance our business. Examples of specific ways we may use your Personal Information include:
- Improving our customer service, the operation of our business, and the design and operation of our stores and the Sites and Apps
- Lowering costs
- Communicating with you
- Distributing coupons
- With regards to sweepstakes and other promotions
- For notifications and inclusion in various promotions or events. We may provide these communications via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means.
- Creating special merchandising and marketing programs
- Providing coupons and offers to you based on your shopping preferences
- Informing you of urgent product safety recalls through an automated telephone messaging system or by other means. For information about product recalls, go to https://pricechopper.com/product-recalls.
- Communicate with you for other permissible purposes, or to meet any legal or regulatory compliance.
When you visit our Sites and Apps we may collect certain information by using technologies such as cookies, pixels or web server logs, or location services and similar technologies (collectively “Digital Means”). Price Chopper may also use Digital Means to collect data from other sites and applications within a wider network. Use of information collected by Digital Means allows Price Chopper to customize your shopping experiences and the analytic and marketing efforts facilitated by certain third parties, such as Google Analytics, Google Adwords, and other services. This enables us to evaluate the effectiveness of our shopping services and experiences, develop customized customer offerings and communications, enhance our online marketing programs, and to periodically present advertisements to you on the Price Chopper websites and on the websites of others (“remarketing”). By participating in remarketing efforts, Price Chopper is better positioned to improve integration with other online advertising platforms and the accuracy of the customer data collected.
Unless manually disabled, cookies are small files used on all computers that uniquely identify your browser or store information. This information may indicate the pages you visit on our website, your web address, browser, device or hardware system, search terms and IP addresses. To disable these features, use currently available opt-outs for the web, such as the Google Analytics’ opt out function. If you choose to manually turn off the Digital Means you may restrict the services and features available on our websites.
Security of Information
No system for safeguarding Personal Information or other information is 100% secure. However, we take a number of steps to safeguard the security of Personal Information obtained by or through the Sites and Apps. Price Chopper maintains security procedures to prevent unauthorized access to Personal Information. Personal Information is stored in a manner consistent with current recognized industry practices, and is protected by administrative, physical and electronic measures.
Disclosure of Information
We may disclose your Personal Information for the same reasons that we may use it as described in this Policy and this includes disclosing it to third parties, including our affiliates and non-affiliated entities, as we deem necessary. For instance, Price Chopper may share Personal Information and other information collected by and through your use of the Apps and Sites as described in this Policy alone or together with other information we may have about you (for example, aggregated purchase data collected from you while shopping in our stores or online) with selected business partners for purposes of enhancing our business operations, developing digital coupons and offers, and providing marketing communications to our customers.
Price Chopper may also disclose Personal Information and the other information described above to its third party vendors to manage the Sites and Apps; process payments and requests for products and services; provide you with products, services, or offers; coordinate your participation in our AdvantEdge Card or other loyalty reward programs; engage in marketing activities, such as sharing Personal Information with our partners to deliver advertisements and related communications; enhance our services by, among other methods, obtaining assistance with providing more personalized services to you through analytics and other technologies; and protecting Price Chopper’s interests and legal rights, such as through responding to subpoenas and defending litigation, or as necessary or appropriate to protect the rights, property or safety of Price Chopper.
Choice to Opt Out
Price Chopper offers you the following choices to “opt out” of providing Personal Information:
- You can always choose not to provide information when we request it.
- You may opt out of receiving promotional and any other communications from Price Chopper by so indicating on the AdvantEdge Card application.
- If you have subscribed to Price Chopper’s electronic newsletter and wish to unsubscribe, follow the simple instructions provided therein.
- If you receive other undesired communication from Price Chopper, please let us know at any store Guest Services desk, online at pricechopper.com or by phone at 1-800-666-7667, option 1, Monday – Friday 8:30am – 7:00pm and Saturday & Sunday 10:00am – 4:00pm and we will work to resolve the issue promptly.
Please note that if you opt out of providing your Personal Information or receiving communications from Price Chopper, then you will no longer be eligible to receive certain promotions selected based on customized personal data or are offered through our AdvantEdge Card program.
If you wish to review or update your Personal Information, log in to your My AdvantEdge profile on pricechopper.com
Links and Online Services
Price Chopper’s websites may contain links to other websites that we do not operate or control. These links do not constitute an affiliation or endorsement by Price Chopper and we are not responsible for the practices, content or policies of the websites we may provide links to.
Price Chopper provides mobile apps that can be downloaded to your smartphone or mobile device. In addition to providing the ability to use, purchase, or request our products and services, our apps may collect personal and other information that will be used or disclosed in accordance with this Policy. We provide a link to this Policy to persons prior to their downloading of any of our apps.
If you allow our mobile apps to access your location information on your device, our mobile apps may use your mobile device’s Global Positioning System (GPS) technology and other technology (such as wireless transmitters known as beacons) to provide you with information and offers based on the location of your device. Beacons allow us to collect information about your location within participating stores by communicating with mobile devices that are in range. We may use this location information to enhance your experience by delivering push notifications and other content to your mobile device, providing navigation assistance as you move around our locations, and sending you information and offers about products, services, or activities we believe may be of interest to you. We may share this information with third parties, including business partners and service providers, to provide information, offers, and services that may be of interest to you. You may prevent or limit collection of location information by changing the settings in the app, or by changing your device’s settings.
In compliance with the Children’s Online Privacy Protection Act, we ask that children under the age of 13 not provide any Personal Information on our websites or otherwise. Price Chopper does not knowingly collect Personal Information from children under the age of 13 on our websites or otherwise. If a parent or guardian believes a child has disclosed Personal Information to Price Chopper, please contact us immediately.
In the operation of our pharmacies, Price Chopper considers presentation of a prescription by the patient, or a request for a prescription refill, valid approval for the pharmacy to exercise its professional responsibilities, such as drug utilization review (DUR) and evaluation (DUE).
Price Chopper pharmacies will only transfer Personal Information to third parties for the purpose of professional treatment, insurance reimbursement, or improved health care outcomes.
Price Chopper pharmacies are subject to the terms of the Notice of Privacy Practices available here.
The Sites and Apps are hosted in the U.S. and are intended for use in the U.S. Use of the Sites and Apps and this Policy is governed by the internal substantive laws of New York, without regard to its conflict of laws principles. Jurisdiction for any claims arising as a result of this Policy shall lie exclusively with the state and federal courts within New York. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. If you access the Sites or Apps from outside the U.S., your continued use of the Sites and Apps constitutes your agreement to the terms and provisions of this Policy and consent to the transfer of your Personal Information to the U.S.
Changes to this Policy
Price Chopper reserves the right to change this Policy at any time and from time to time. In the event this Policy is changed, we will post the date of the most recent revision at the bottom of the Policy. Changes will be effective immediately upon posting to the Sites and Apps.
Policy effective June 17, 2018
Last Updated: May 7, 2019
Under California Civil Code § 1798.83, California residents may request a notice identifying the categories of personal information which we share with certain third parties for direct marketing purposes under certain circumstances and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us at the address provided below under the Section entitled “Contact Information.”
We may share any information collected from this Price Chopper Store Site, including your personal information, information about your order details, and information that we combine from other sources, with Price Chopper. Price Chopper may use this information for its own purposes, including for its own sales and marketing purposes. You can opt-out of receiving Price Chopper’s sales and marketing emails at any time by following the unsubscribe instructions in those emails. Further details are available in Instacart’s Terms of Service.
Information we collect
1. Information you provide to us or allow others to provide to us
At various points in the Instacart experience, you may provide us with information about yourself. For example, when you create an account through the Services, you provide us with personal information like your name, email address, and zip or postal code. And if you place an order through the Services, we collect information including your address, phone number, birth date (for alcohol orders or prescription delivery, where available), credit card information, vehicle license plate number(s) (for curbside pickup orders) and the details of your order. Your account information may be updated or corrected by accessing your account settings.
If you log into the Services through a third-party service, both we and that third-party may receive some information about you and your use of the services. For example, if you choose to log into the Services with your Facebook account, we may receive information from Facebook, such as your name, e-mail address, public profile information, and information about your contacts. We may also offer social sharing tools (such as the Facebook “Like” button) that let you share actions on the Services with other websites and vice versa. In those cases, the providers of those tools may receive information about you when you use those tools. You should check the privacy policies of these third party services and your settings there for more information.
If you wish to invite your friends and contacts to use the Services, we will give you the option of either entering in their contact information manually or, for United States residents, importing it from your address books on other third party services. In both cases, we will store this information for the sole purposes of allowing you to send your friends referral offers, for determining whether your friends use the Services after a referral is sent, and, for United States residents, to remind your friends of the referral sent on your behalf.
Our partners may let us collect information about use of their sites/apps or share such information with us. For example, if you use an Instacart button or widget on another site or app, we may receive information about your use of that button or widget and the third-party site/app.
Our Services are not intended for children under 13 years of age, and we do not knowingly collect information from children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will delete that information.
Location Information: When you use the Services, we may collect precise location data. For instance, if you allow the Services to access location services through the permission system used by your device’s mobile operating system or browser, we may collect the precise location of your device. We use your location information to facilitate the prompt hand-off of pickup orders (where available), to assist you in finding nearby stores for which pickup or delivery are available, for other similar purposes and for analytics purposes. You can choose whether or not to enable the location tracking feature through the settings on your device or browser, or when prompted by the Instacart mobile app. We may also infer your general location information, for example by using your internet protocol (IP) address.
2. Technical information about usage of the Services
When you use the Services, either through a browser or mobile app, we automatically receive some technical information about the hardware and software that is being used.
Cookies, Pixels, and Other Tracking Technologies: We, our partners, our advertisers, and third party advertising networks use various technologies to collect information, including but not limited to cookies, pixels, scripts, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We, our partners, our advertisers, and third party advertising networks may use session cookies (which expire when you close your browser), persistent cookies (which expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our services and other services; personalize your experience; measure, manage, and display advertising on the Services or on other services; understand your usage of the Services and other services in order to serve customized ads and remember that you are logged into the Services. By using your browser settings, you may block cookies or adjust settings for notifications when a cookie is set.
We employ some third-party services to help us understand the usage of the Services and the performance of advertising, and these third-parties may also deploy cookies, pixels, or other identifiers on the Services or collect information through our mobile applications. For example, we use Google Analytics to understand, in a non-personal way, how users interact with various portions of the Services — you can learn more about information that Google may collect here.
Log information: When you use the Services, our servers will record information about your usage of the Services and information that is sent by your browser or device. Log information can include things like the IP address of your device, information about the browser, operating system and/or app you are using, unique device identifiers, pages that you navigate to and links that you click, searches that you run on the Services, and other ways you interact with the Services. If you are logged into the Services, this information is stored with your account information.
Interest-Based or Online Behavioral Advertising: Instacart may use third-party advertising companies to serve interest-based advertisements to you. These companies compile information from various online sources (including mobile-enabled browsers and applications) to match you with ads that will be the most relevant, interesting, and timely for you. If you would like to opt-out of interest-based advertising, please visit http://optout.networkadvertising.org/#/. Please note that you will be opted out of all interest-based advertising from all business members of the Network Advertising Initiative for that specific browser on that specific device. If you opt-out, you may continue to see Instacart’s or our partners’ online advertisements; however, these ads will not be as relevant to you.
How we use your information
We may use the information we collect for various purposes, including to:
Provide the Services to you, improve the quality of the service, and develop new products and services
Allow your Personal Shopper (which means those that shop for and/or deliver the order for you, including our retail partner and their employees/agents where applicable or our third-party providers) to choose your items at a retailer site, deliver your items to you, and/or call or text you with any updates or issues
Charge you for the purchase and delivery costs through one or more payment processing partners
Offer you customized content (including advertising, coupons, and promotions)
Understand how users interact with the Services (including advertising both on and off the Services) as a whole and to test new features or changes in our features
Provide customer service, respond to your communications and requests, and contact you about your use of the Services
You can opt-out of receiving promotional communications from Instacart by using the settings on the Account Info page or by using the unsubscribe mechanism included in the message, where applicable.
What we share
The Services comprise a platform that enables you to select goods from the shop.pricechopper.com site powered by Instacart for picking, packing, and delivery by individual Personal Shopper(s) to your location or, if available, for you to pick up in-store. In order to make this work, we need to share information about you and your order with the other parties who help enable the service. This includes, for example, the Personal Shopper(s) who pick and deliver your order, the payment processing partner(s) that we use to validate and charge your credit card, and the retail partner(s) from whom you are purchasing goods. To be clear, only our payment processing partner(s) receive credit card information.
We also share information under the following principles:
With your consent or at your direction — We will share your information with entities outside of the Services when we have your consent to do so or it is done at your direction. For example:
If you enter loyalty card information from Price Chopper, we share that information with Price Chopper you chose along with your order so that information can be added your loyalty card account.
If you share a recipe publicly on the Services, it is viewable by anyone along with your first name and last initial.
If you invite friends to use the Services through our referral program or to share a shopping cart, we will share some information with the friends you invite like your name and picture. Likewise, if you choose to join someone else’s cart, they will see some of your information.
With Price Chopper — We will share your information with Price Chopper in order to provide and maintain the Services.
For external processing or service provision — We sometimes share information with third parties to process information on our behalf or to otherwise provide certain services (such as delivery services, advertising services, or information to better tailor our services to you). For the purposes of this processing or provision of services, we may share your information with such third parties under appropriate confidentiality provisions.
For legal purposes — We may share your information when we believe that the disclosure is reasonably necessary to (a) comply with applicable laws, regulations, legal process, or requests from law enforcement or regulatory authorities, (b) prevent, detect, or otherwise handle fraud, security, or technical issues, and (c) protect the safety, rights, or property of any person, the public, or Instacart.
On a non-personal or aggregate basis — We share information on both a non-personally identifying basis (including, but not limited to, order and delivery details but not including credit card information) or an aggregate basis.
To enable purchase of alcohol (not available in all jurisdictions) — When you buy alcohol using the Services, we may be required by law to share certain information with the retailer who makes the sale. This information could include, among other things, the names and addresses of the purchaser and recipient, government issued ID information, the quantity, brand, price, proof, and volume of alcohol purchased, and a recipient signature.
For business purposes — We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company. We may also share your information between and among Instacart, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.
Changes to this Policy
For Residents of California
If you are a California resident, you may ask Instacart for a notice describing what categories of personal information Instacart shares with third parties or affiliates for those third parties or affiliates’ direct marketing purposes and identify the name and address of the third parties that received such personal information. Please submit a written request to the address provided below and specify you want a copy of your California Privacy Rights Notice.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Website, please send an email to email@example.com. You may also contact us by writing to us at the address provided below under the Section entitled “Contact Information.” California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
For Residents of Canada
You may request access to or correction of your personal information, or withdraw consent to our collection, use or disclosure of your personal information, by writing to our Trust & Safety Manager at the address or email below. These rights are subject to applicable contractual and legal restrictions and reasonable notice We may take reasonable steps to verify your identity before honoring any such requests.
50 Beale Street, Suite 600
San Francisco, California 94105
For customer service inquiries visit our Help Center.
Terms of Service
Last updated: May 7, 2019
Thank you for using Instacart! These Terms of Service (“Terms”) govern your use of the Instacart services, including any websites (or portions thereof) or mobile applications that are operated by Instacart or its affiliates (collectively, the “Services”), and are entered into by you and Maplebear Inc. (d/b/a Instacart), a Delaware corporation, and its affiliates (collectively, “Instacart”).
SECTION 10 (“DISPUTES & ARBITRATION”) OF THESE TERMS PROVIDE THAT ANY CLAIMS THAT YOU AND INSTACART HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST INSTACART ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
The Services comprise a platform that enables you to select goods from a portion of The Golub Corporation and its affiliates’ (collectively “Price Chopper”) shop.pricechopper.com site (the “Delivery Platform”) for picking, packing, and delivery by individual personal shoppers (“Personal Shoppers”) to your location or, if available, for you to pick up in-store. Picking, packing, or delivery services may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”).
Delivery may be conducted by each individual Personal Shopper’s select method of transportation. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by Instacart.
When you use the Services to place an order for products, you authorize the purchase and delivery of those products from Price Chopper. Unless otherwise specified, you acknowledge and agree that Instacart and the Personal Shopper are acting as your agents in the picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from Price Chopper, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store. You agree that Instacart or Price Chopper will obtain a credit card authorization for your credit card on file with Instacart to cover the cost of the goods you have purchased from the retailer and any separate Instacart fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Instacart, Instacart does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. Instacart reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the Services may be different than prices offered for the same products in-store by the same retailer.
You understand that Price Chopper may send you sales and marketing emails. You can opt-out of receiving Price Chopper sales and marketing emails at any time by following the unsubscribe instructions in those emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Price Chopper reserves the right to send you emails relating to your Price Chopper account or use of its services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving Price Chopper’s marketing emails.
You understand that Price Chopper is not responsible for any texts or calls you receive from Instacart, and you explicitly disclaim any liability against Price Chopper for any such texts or calls.
Although Price Chopper is not a party to these Terms, it is an intended third party beneficiary of all the rights and benefits derived by Instacart under this Section and Sections 4 through 16 of these Terms, with full right to enforce such sections of the Terms against you.
1. Your Use of the Services
Instacart grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Instacart’s policies. You may not copy, modify, distribute, sell, resell or lease any part of the Services. Unless such restriction is prohibited by law or you have Instacart’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Instacart provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Instacart a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Instacart may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Instacart will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using Instacart on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, including the Delivery Platform, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Personal Shoppers and individuals who support Instacart’s Help Center. Instacart reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. Instacart may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Instacart with any feedback on or comments regarding the Services, you grant Instacart the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same.
2. Instacart Communications
By creating an Instacart user account, you agree to accept and receive communications from Instacart or Personal Shoppers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Instacart. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Instacart, its affiliated companies and/or Personal Shoppers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from Instacart by replying “STOP” from the mobile device receiving the messages.
3. Instacart Express
Instacart Express is a grocery delivery membership that waives the delivery fee for scheduled deliveries on orders over $35 with each retailer placed through the Services for a monthly or yearly subscription fee. Deliveries made via Instacart Express are subject to availability. Service fees, special handling fees, and/or taxes may still apply. For combinations with other offers, restrictions may apply.
BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR INSTACART EXPRESS MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE CREDIT CARD ON FILE IN YOUR ACCOUNT. If you do not want your membership to automatically renew or if you would like to change which credit card is charged, you can change this default in Your Account Settings under the Express section.
You can cancel your Instacart Express membership at any time in Your Account Settings under the Express section. You may cancel within the first 15 calendar days of your paid Instacart Express membership and receive a refund of the Instacart Express membership fee you paid, but only if you have not placed any orders using your Instacart Express membership. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the Free Deliveries through the end of your billing period.
From time to time, Instacart offers some customers trial or other promotional memberships to Instacart Express. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer and are for new customers or certain members only. Only one trial or promotional membership is available per household. Instacart will charge you the applicable fee after your free trial period has expired to the credit card on file with Instacart. If you cancel Instacart Express before the trial period has expired, Instacart will not charge you. Instacart may change the monthly or annual fee charged for Instacart Express at any time, but any such fee change will not apply to current Instacart Express members until such time as your current membership expires and your membership is renewed for another term.
We may change other terms or conditions applicable to Instacart Express from time to time. Any new or renewed Instacart Express memberships will be subject to the terms of service active at that time and displayed when you sign up for Instacart Express. Instacart may also make such changes with respect to current Instacart Express memberships. In that case, Instacart will provide you with notice at checkout of the changes and when those changes will take effect. If you disagree with the changes to your current Instacart Express membership terms of service, you may cancel your Instacart Express membership.
Your Instacart Express membership cannot be transferred or assigned. Instacart reserves the right to accept, refuse, or cancel your Instacart Express membership at any time in its sole discretion.
4. Instacart Coupons
Instacart Coupons are manufacturer’s coupons that are automatically applied to qualifying products upon purchase to help users save money on the products they love. Coupons are available for a limited time only and may be subject to certain restrictions. Coupons are subject to change, cancellation, or expiration at any time. If you do not purchase the qualifying items added to your cart while the Coupon is still in effect, the Coupon’s offer will not apply. Coupons apply only to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. Instacart is not a retailer or seller. Coupons are issued and paid by the manufacturer of the advertised product. The user is required to pay any applicable sales tax related to use of the Coupon; you acknowledge that Instacart has no obligation for payment of any tax in conjunction with the distribution or use of such Coupons. When Coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). Coupons may not be sold, copied, modified, or transferred. A Coupon has no cash value. Coupons good while supplies last. Void where restricted or prohibited by law.
You can find more information about Instacart Coupons and other promos and credits here.
5. Transactions involving Alcohol
You may have the option to order delivery of alcohol products in some locations and from certain retailers. You agree that you will comply with all applicable laws and not cause Instacart, your Personal Shopper, or any retailer to contravene any applicable laws. You agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States, 18 years of age or older in Alberta, Manitoba, and Quebec, and 19 years of age or older in all other Canadian provinces or territories). If you order alcohol products, you understand and acknowledge that neither Instacart nor a Personal Shopper can accept your order of alcohol products, and the order will only be delivered if the retailer accepts your order. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Personal Shopper delivering the alcohol products, that the recipient will not be intoxicated when receiving delivery of such products, and that alcohol has not been purchased with the intent to resell the alcohol or provide the alcohol to someone who is not of legal drinking age. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Instacart reserves the right to cancel the alcohol-related portion of your order. Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Services at the time of submitting the order.
Customers who purchase alcohol through the Instacart platform for delivery within the State of Hawaii acknowledge that IT IS ILLEGAL: (1) FOR A PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD. (Sections 281-78 & 101.5, Hawaii Revised Statutes).
6. Third-party Products and Content
You agree that Instacart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Instacart will have no liability based on such purchase, use, or access.
7. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES, THE DELIVERY PLATFORM, AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTACART DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTACART MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, THE DELIVERY PLATFORM OR SOFTWARE, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INSTACART DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL SHOPPERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, THE DELIVERY PLATFORM, SOFTWARE, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, THE DELIVERY PLATFORM, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.
INSTACART DOES NOT GUARANTEE THAT THE SERVICES, THE DELIVERY PLATFORM, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, THE DELIVERY PLATFORM, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT INSTACART WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, THE DELIVERY PLATFORM, OR SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER INSTACART NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER. NEITHER INSTACART NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER.
If you have a dispute with one or more Personal Shoppers or Third Party Providers, you agree to release Instacart (including Instacart’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
8. LIMITATION OF LIABILITY
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL INSTACART (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF INSTACART OR INSTACART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL INSTACART (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF INSTACART OR INSTACART’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INSTACART, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO INSTACART FOR THE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless Instacart and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
10. Disputes & Arbitration
If you have a dispute with Instacart arising out of your use of the Services, this Section 11 applies. You agree to contact Instacart first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and Instacart agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INSTACART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing Instacart at firstname.lastname@example.org with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.
The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location you and Instacart mutually agree upon in writing.
Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, Instacart will pay for your reasonable arbitration fees where: (a) the claim for damages does not exceed $75,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). Instacart will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
You can stop using the Services at any time and without notice to us. Similarly, Instacart may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-16 survive and continue to apply to you.
12. Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of California for residents of the United States and by the laws of the Province of Ontario for residents of Canada (except Quebec), without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 10 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of San Francisco County, California, USA, for the residents of the United States, and the courts of competent jurisdiction in the City of Toronto for residents of Canada (except Quebec), and you and Instacart consent to the personal jurisdiction of those courts.
For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 10 (Disputes & Arbitration) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and Instacart consent to the personal jurisdiction of those courts.
13. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Instacart, shall constitute the entire agreement between you and Instacart with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
14. No Waiver
Instacart’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Instacart may assign its rights, licenses, and obligations under these Terms without limitation.
16. Changes to the Terms
We may make changes to these Terms from time to time. When Instacart does so, Instacart will post the most current version of the Terms on this website and, if a revision to the Terms is material, Instacart will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
17. Copyright and Trademark Policy
Instacart respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Instacart will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Instacart’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Instacart’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Instacart may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
ATTN: Copyright Agent
50 Beale St. Suite 600
San Francisco, CA 94105
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Instacart’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
18. Contact Information
If you have any questions, or comments about these Terms please contact Instacart at:
50 Beale St. Suite 600
San Francisco, California 94105
For customer service inquiries, please review Your Account Settings, visit Instacart’s Help Center, or call our Community Operations team at 1 (888) 246-7822.