Terms of Service

This document (together with the documents referred to herein) outlines the terms and conditions upon which we, Hungry Herd, an Alberta-based company, will supply to you the products (Products) listed on our website www.hungryherd.ca (our Site) or on our web applications, mobile applications or via applications on other platforms or devices.

Please read these Terms and Conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should also carefully review our Privacy Policy before placing an order for products through this Site.

1. Information About Us

1.1 In these Terms and Conditions, the words "we", "us", "our" and similar expressions refer to Hungry Herd, an Alberta-based company, whose head office address is at Suite 3400 10180 101 St NW, Edmonton, AB T5J 3S4.

2. Service Availability

2.1 Our Site, web applications and mobile applications are only intended for use by people residing in selected parts of Alberta (the Serviced Territory).

3. Eligibility

By placing an order through our Site, web applications or mobile applications, as applicable, you warrant that:

• 3.1 You are legally capable of entering into binding contracts;
• 3.2 You are at least 18 years old;
• 3.3 You are a resident in the Serviced Territory; and
• 3.4 You are accessing our Site, web applications or mobile applications, as applicable, from the Serviced Territory.

4. Gift Cards and Discounts

• 4.1 We may offer gift cards and promo codes (Promotion), which require activation online in order for the holder of the Promotion (Holder) to receive delivery of Products. All of these terms and conditions shall become applicable as between us and the Holder upon the earlier of (a) payment for the Promotion, if applicable; and (b) when the Holder redeems the Promotion by placing an order for products.
• 4.2 A Promotion may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
• 4.3 We reserve the right to withdraw or deactivate any Promotion (other than a paid-up gift card) for any reason at any time.
• 4.4 Promotions may only be redeemed through our Site, web applications or mobile applications and not through any other website or method of communication.
• 4.5 Any discounts attached to Promotions apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates, unless stated otherwise.

5. Risk and Title

• 5.1 The Products are sold freight prepaid at your specified delivery address.
• 5.2 Transfer of title and risk occurs when the Products arrive and are delivered at your specified delivery address.
• 5.3 The Products will be in your title and at your risk from the time of delivery at your specified delivery address.
• 5.4 To maintain the integrity of Products after delivery, we recommend that you immediately refrigerate or freeze all perishable items.
• 5.5 Instructions for safe handling are included with your order. Any handling of products and packaging will be at your risk from the time of delivery to your specified delivery address.

6. Price and Payment

• 6.1 The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
• 6.2 Product prices include applicable taxes.
• 6.3 Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
• 6.4 Payment for all Products must be by credit card. We accept payment with American Express, Visa, and Mastercard. We reserve the right to change the payment methods we accept at any time.
• 6.5 You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for your purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

7. Our Refunds Policy

• 7.1 Refunds will be given in the form of a credit towards a future purchase.
• 7.2 In order to qualify for a refund, you must contact us by phone or email within 24 hours of the day of your delivery. After 24 hours from the date of your delivery, you agree that we have provided you with a satisfactory product.

8. Limited Warranty and Disclaimer

We warrant to you that any Product purchased from us through our Site, web applications or mobile applications will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

Our responsibility for defective Products is limited to replacement or refund. Our responsibility for defective Services is limited to re-performance or refund.

9. Our Liability

• 9.1 If we fail to comply with these Terms and Conditions, we shall only be liable to you for, at most, the purchase price of the Products.
• 9.2 Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
• 9.3 You agree to defend, indemnify and hold harmless us, our affiliates and licencors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these terms and conditions.

10. Written Communications

By submitting your email to Hungry Herd, you are indicating an interest in Hungry Herd and may receive email marketing communications.

Applicable laws require that some of the information or communications we send to you be in writing. When using our Site, web applications or mobile applications, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

11. Notices

All notices given by you to us must be given to Hungry Herd at questions@hungryherd.ca. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or on the date of posting of any letter.

12. Transfer of Rights and Obligations

• 12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
• 12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
• 12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
• 12.4 These terms and conditions do not and are not intended to confer any rights or remedies upon any person other than you.

13. Intellectual Property Rights

• 13.1 We are the owner or the licensee of all intellectual property rights in our Site, web applications and mobile applications, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
• 13.2 You may print off one copy, and may download extracts of any pages from our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
• 13.3 If you post comments or reviews on the Products or Services to any website, blog or social media network you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services, you irrevocably authorize us to quote from or repost your Commentary on our Site and in any advertising or social media outlets that we may create or contribute to.

14. Events Outside Our Control

• 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
• 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): strikes or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of transport or telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
• 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
• 14.4 Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries.

15. Waiver

• 15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
• 15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
• 15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16. Severability

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire Agreement

• 17.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
• 17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty that is not set out in these terms and conditions or the documents referred to in them.
• 17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement will be for breach of contract.
• 17.4 Nothing in this clause limits or excludes any liability for fraud.

18. Our Right to Vary These Terms and Conditions

• 18.1 We have the right to revise and amend these terms and conditions from time to time for any reason including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
• 18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

19. Law and Jurisdiction

Contracts for the purchase of Products from us and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by Alberta law and the federal laws of Canada applicable therein. Any dispute or claim arising out of or in connection with such Contracts or their formation will be subject to the exclusive jurisdiction of the courts of Alberta.

20. Delivery Policy

Hungry Herd's Delivery Policy is as follows: The customer agrees to receive their meat box on the scheduled delivery date as outlined in the delivery schedule on the Hungry Herd website. The customer has reviewed the delivery schedule and understands the date when the meat box will be delivered. If the customer is not home, the customer agrees that the box of meat will be left on the steps/porch and takes full responsibility if the box is stolen. If the driver leaves the box on the steps/porch, the driver will take a picture and send that picture to Hungry Herd as proof of delivery. Once the meat box is delivered to the address the customer has provided, the meat box is the customer's responsibility.