Instacart may vary certain fees based on demand, order attributes, and/or other factors. Instacart may change the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees (including additional service fees and/or surcharges to help offset specific costs), alcohol service fees, heavy order fees, direct-to-consumer shipping fees, long distance fees (for deliveries outside the delivery area for a Retailer), and special handling fees. You agree that Instacart or the Retailer will obtain an authorization for your credit card, debit card, or other payment method on file with Instacart to cover the cost of the goods you have purchased from the Retailer and any separate Instacart fees and optional tips, and your payment method will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. You agree that your purchase is being made from the Retailer, that the Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the Retailer’s store. Unless otherwise specified, you acknowledge and agree that Instacart and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and that the Retailer-not the Third Party Provider and not Instacart-is the seller of the goods to you. When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailer and, if you have selected delivery services, the delivery of those goods by Third Party Providers. 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. In some cases, picking, packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”). The Services include a technology platform that presents you with a retailer (“Retailer”) virtual storefront from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. 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. SECTION 17 (“DISPUTES & ARBITRATION”) OF THESE TERMS (THE “ARBITRATION AGREEMENT”) PROVIDES 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. This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, a “user”).īy using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Instacart’s Privacy Policy. (d/b/a Instacart), a Delaware corporation, and its subsidiaries and affiliates (“Instacart”). Thank you for using Instacart! These Terms of Service (“Terms”) govern your use of the Instacart services, including any websites, mobile applications, devices, APIs, or artificial intelligence (“AI”) powered generative experiences that are operated by Instacart or its subsidiaries and affiliates (collectively, the “Services”), and are entered into by you and Maplebear Inc.
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