Effective Date: February 28, 2023
Section I governs Fresh Funds provided by Instacart partners to Fresh Funds recipients. Section II governs Fresh Funds purchased on third party websites, applications, and other platforms.
I. Partner-Provided Fresh Funds
Any capitalized terms used in these terms, but not defined herein, shall have the respective meanings set out in the Fresh Funds partnership benefits email or other notification provided to participants in the applicable Fresh Funds partnership program.
Fresh Funds Restrictions and Expiration
Fresh Funds are valid towards the purchase of Eligible Products purchased through Instacart.com website or Instacart mobile app and towards payment of Eligible Fees. Any unused Fresh Funds will expire at 11:59 PM PT on the day immediately prior to each Refresh Date, or the Program End Date, whoever is sooner, and will be forfeited upon expiration. Fresh Funds can only be applied to Eligible Products and cannot be applied to alcohol or prescription products, and Instacart may fully or partially limit the ability to apply Fresh Funds with certain retailers and/or to certain orders containing alcohol or prescription products. Instacart has sole discretion to determine what items qualify as Eligible Products and reserves the right to restrict the ability to apply Fresh Funds with respect to additional items or item categories.
Fresh Funds may not be sold, auctioned, traded, copied, transferred, bartered, modified, or used retroactively for prior purchases. Void where restricted or prohibited by law. Fresh Funds are not intended as gifts or for gift-giving purposes and shall not be used as “gift certificates” or “prepaid cards.” Unused Fresh Funds cannot be redeemed for cash and may only be applied to the purchase of eligible items, subject to these terms. Fresh Funds may not be combined with certain other sale, promotion, discount, code, coupon, and/or offer. Fresh Funds have no cash value.
Instacart is not a retailer or seller. Instacart may not be available in all zip or postal codes. Eligible Products and Deliveries subject to availability.
Customer Eligibility and Redemption
To redeem your Fresh Funds promotional code, please follow the instructions in the Fresh Funds partnership benefits email or other notification provided to you by the Partner. The Fresh Funds Amount will be automatically deposited into your Instacart.com account on each Refresh Date through the Program End Date. Certain Fresh Funds are single-use codes and cannot be refreshed. To view your Fresh Funds balance, sign into your instacard account and visit the Credits, Promos & Gift Cards section. Your Fresh Funds balance will be displayed in the Credits section. There are no fees associated with your ability to redeem Fresh Funds. Instacart is not responsible for any Fresh Funds promotional codes that are lost, stolen, destroyed or used without your permission.
In order to redeem Fresh Funds, customers must have a valid account on Instacart.com with a valid form of accepted payment on file. You may be required to add a secondary payment method to use Fresh Funds. By redeeming Fresh Funds, you agree Instacart may share your email address and information about your Fresh Fund purchases with the Partner, including your redemption code, items and amounts purchased, and order total. You also agree to receive Fresh Funds deposit and expiration notices from Instacart.
Modification of Terms and Benefits
Subject to any notice required under applicable law, Instacart reserves the right to modify or cancel the terms or conditions applicable to Fresh Funds at any time. An updated version of the terms and conditions will be made available to you on this web page and will apply to your use of Fresh Funds following the effective date of the change. Any material changes will be communicated to you via email at the address associated with your Instacart account. Should you disagree with any of the changes to these terms and conditions, you must stop using Fresh Funds. You acknowledge that Instacart reserves the right to correct your Fresh Funds balance if we believe that a clerical, billing, or accounting error has occurred. Instacart additionally reserves the right to refuse or cancel Fresh Funds benefits, disqualify you from redeeming Fresh Funds, terminate any benefits associated with Fresh Funds, and/or to revoke any credit, coupon or other discount associated with Fresh Funds, at any time in its sole discretion. You will forfeit your Fresh Funds immediately if you are in default under these terms, the Terms of Service, or any other agreement between you and Instacart.
From time to time, Instacart may offer additional benefits or features to Fresh Funds participants. These additional benefits or features may not be available to all Fresh Funds participants and may be subject to additional terms referenced in the offer terms. Instacart reserves the right to modify or terminate any additional benefits or features at any time and you agree that such additional perks or benefits are not guaranteed.
If your Fresh Funds include a Instacart+ trial membership, the Partner will provide you with information regarding the term of the trial membership in the communication containing your Fresh Funds promotional code. By redeeming these Fresh Funds, you agree to the INSTACART+ TERMS. Any Instacart+ membership benefits are non-transferable.
If you do not currently have a paid or trial Instacart+ membership: Instacart+ will automatically be applied to your Instacart account at the time you redeem your Fresh Funds promotional code. Your Instacart+ membership and associated benefits will terminate at the end of the trial period communicated to you by the Partner. IF YOU ELECT TO AUTO-RENEW YOUR INSTACART+ MEMBERSHIP DURING THE TRIAL PERIOD, YOU WILL BE ENROLLED IN A MONTHLY INSTACART+ MEMBERSHIP. UPON CONCLUSION OF YOUR TRIAL PERIOD, YOU WILL BE CHARGED A RECURRING $9.99 MEMBERSHIP FEE, WHICH WILL AUTOMATICALLY RENEW EVERY MONTH TO ANY ACTIVE PAYMENT METHOD YOU HAVE ON FILE UNTIL YOU CANCEL. Subscription prices are subject to change. Other fees, taxes and/or tips may apply. You can cancel your subscription on the “Your Instacart+ Membership” page. You may cancel your Instacart+ membership within the first fifteen (15) calendar days of your paid Instacart+ membership term and receive a refund of the Instacart+ membership fee you paid, but only if you have not placed any orders using your Instacart+ membership. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the benefits of your Instacart+ membership through the end of your paid membership term. With Instacart+, the delivery fee will not be charged on orders over $35 per retailer; delivery subject to availability.
If you have a current paid or trial Instacart+ membership: Your next automatic renewal date will be extended by the duration of the Instacart+ trial period communicated to you by the Partner. BY REDEEMING FRESH FUNDS, YOU AGREE THAT YOUR EXISTING MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE PREVIOUSLY AGREED UPON RATE FOR YOUR INSTACART+ MEMBERSHIP, WHICH WILL AUTOMATICALLY RENEW FOR THE PREVIOUSLY AGREED UPON TERM TO ANY ACTIVE PAYMENT METHOD YOU HAVE ON FILE UNTIL YOU CANCEL. Subscription prices are subject to change. Other fees, taxes and/or tips may apply. You may cancel your subscription on the Your Instacart+ Membership page by clicking “Cancel Membership”. You may cancel your Instacart+ membership within the first fifteen (15) calendar days of your paid Instacart+ membership term and receive a refund of the Instacart+ membership fee you paid, but only if you have not placed any orders using your Instacart+ membership. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the benefits of your Instacart+ membership through the end of your paid membership term.
II. Fresh Funds Purchased Through Third Party Platforms
The following terms (“Agreement”) describe the terms and conditions that apply to purchase and use of Fresh Funds purchased through third party websites, applications, and/or other platforms. This Agreement is by and between Maplebear Inc. d/b/a Instacart (“Instacart,” “we” or “us”) and the purchaser, recipient or redeemer of Fresh Funds (“you”). By purchasing, accepting or using Fresh Funds, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept any Fresh Funds.
Instacart’s Terms of Services, available at https://www.instacart.com/terms (“Terms”), are incorporated herein by reference. Please be advised this Agreement contains an arbitration agreement section entitled “Arbitration Agreement,” which will require you to submit claims you have against us to binding and final arbitration.
- Types of Cards. Fresh Funds are digital codes that contain a value or balance (e.g., $50) that is redeemable for eligible goods and services on Instacart’s web site or mobile app (“Instacart Site(s)”). Fresh Funds are subject to frequency and volume limits. Eligible goods and services are subject to change in our sole discretion. Fresh Funds are one-time use codes and are only redeemable on an Instacart Site.
- Issuance of Fresh Funds. You can purchase Fresh Funds with, or without, an Instacart account. However, you must have an Instacart account to redeem Fresh Funds. Maplebear Inc. d/b/a Instacart is the Fresh Funds issuer and sole obligor to you. Instacart may delegate its issuer obligations to an assignee, without recourse. Any such assignment may occur without notice to you. If delegated, the assignee, and not Instacart, will be the sole obligor to you.
- Limitations. To the extent permitted by law, individual Fresh Funds codes cannot be reloaded, used for payment outside of Instacart Sites, used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, redeemed for more than face value, transferred for value, or returned for a cash refund (except to the extent required by law). Unused Fresh Funds balances in an Instacart account may not be transferred to another Instacart account. Fresh Funds are not refundable and cannot be redeemed for cash, resold and have no cash value, except as required by law. The entire value of the Fresh Funds will be applied to your Instacart account upon redemption. Instacart may limit the amount and number of Fresh Funds you are permitted to purchase in one transaction. Fresh Funds are not redeemable outside of areas where Instacart’s services are available.
- How to Redeem Your Fresh Funds. To redeem your Fresh Funds, please follow the instructions in the Fresh Funds email provided by the third party from whom you purchased Fresh Funds. In order to redeem or use your Fresh Funds you must have an Instacart account.
- Expiration/Deactivation; Fees. Fresh Funds do not expire, are applied to eligible purchases despite any stated expiration date, and no inactivity fees or service fees apply.
- Use of Fresh Funds. You may be required to add a secondary payment method to use Fresh Funds on Instacart Sites. To view your Fresh Funds balance, visit the Credits, Promos, and Gift Cards section after signing into your Instacart account. Your Fresh Funds balance will be displayed in the Credits section. You agree not to use Fresh Funds in any unlawful manner or in a manner that is otherwise misleading, deceptive, unfair or harmful to Instacart or any other third party. You agree that we may, without notice to you, deactivate, cancel or suspend your Fresh Funds (without a refund, to the extent permitted by law) if we suspect fraud, unlawful activity or improper Fresh Funds use or that you violated the terms of this Agreement. You acknowledge that we reserve the right to correct the Fresh Funds balance if we believe that a clerical, billing or accounting error has occurred.
- Risk of Loss. Title to Fresh Funds and the risk of loss, destruction or deterioration pass to you upon purchase. You are responsible for safeguarding your Fresh Funds code. Instacart is not responsible for any Fresh Funds that are lost, stolen, destroyed or used without your permission. IN THE EVENT A FRESH FUNDS CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND INSTACART’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH FRESH FUNDS.
- Lost, Stolen, or Unauthorized Use of Fresh Funds. Instacart is not responsible for any loss or damage resulting from lost, stolen, or fraudulently obtained Fresh Funds or unauthorized or unlawful use of Fresh Funds. Instacart reserves the right to refuse to honor Fresh Funds where Instacart suspects that the Fresh Funds code was obtained fraudulently.
- Promotional Cards. Instacart may also issue promotional gift cards and gift codes (“Promotional Cards”). Promotional Cards are not subject to this Agreement, may be issued or distributed by Instacart and may be subject to an expiration date and other conditions, as specified on the Promotional Cards or in related promotional materials.
- Entire Agreement. This Agreement, including the Terms, constitutes the entire agreement concerning your Fresh Funds. In the event of any inconsistency or conflict between this Agreement and any terms and conditions printed on any Fresh Funds content, this Agreement shall prevail.
- Governing Law / Jurisdiction. This Agreement (including any non-contractual disputes/claims arising out of or in connection with this Agreement) is governed by and subject to the laws of the State of California without regard to choice or conflicts of law principles.
- Arbitration Agreement. Any dispute or claim relating in any way to Fresh Funds will be resolved in accordance with Section 12 (Disputes & Arbitration) of the Terms.
- Changes to this Agreement and Assignment. Instacart reserves the right to change this Agreement from time to time, in its discretion, which Instacart may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on an Instacart Site. The most current Agreement shall be available at this link, and will supersede all previous versions of the Agreement. The most current Agreement shall be effective upon Instacart’s posting of such modified Agreement. Your use of any portion of any Fresh Funds value after such posting constitutes your acceptance of the modified Agreement. We may assign this Agreement at any time without notice to you.
- Limitation of Liability. TO THE FULL EXTENT PERMISSIBLE BY LAW, INSTACART AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO FRESH FUNDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A FRESH FUNDS CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH FRESH FUNDS CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
- Questions. For assistance and questions regarding your Fresh Funds, including balance inquiries, please contact Instacart Care here.