Terms & Conditions & Privacy Policy

Last updated: 2/7/24

Please read this document/page clearly. This Terms & Conditions & Privacy Policy outlines Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and informs You about Your privacy rights and legal protections. We utilize Your Personal Data to enhance and deliver Our Service. By engaging with the Service, You consent to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpreting this page

Words with initial capital letters are defined under specific conditions. These definitions apply equally, whether they are in singular or plural form.

Definitions

For the purposes of this Privacy Policy, defined terms are as follows:

• Account: A unique account created for You to access our Service or parts of our Service.

• Affiliate: An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for the election of directors or other managing authority.

• Application: The software program provided by the Company, downloaded by You on any electronic device, named Farmer's Fresh Meat App (or similar).

• Company (referred to as either "the Company", "Farmer’s", "Us", "We", or "Our" in this Agreement): Refers to Tanza Group LLC & Farmer's Fresh Meat LLC.

• Cookies or Browser Cookies: Small files placed on Your computer, mobile device, or any other device by a website, containing details of Your browsing history on that website among its many uses.

• Country: Refers to Texas, United States.

• Device: Any device that can access the Service, such as a computer, a cellphone, or a digital tablet.

• Personal Data: Any information that relates to an identified or identifiable individual.

• Service: Refers to the Application or the Website or both.

• Service Provider: Any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on behalf of the Company, perform services related to the Service, or assist the Company in analyzing how the Service is used.

• SNAP: The Supplemental Nutrition Assistance Program (SNAP) is a federal assistance program in the United States, administered by the U.S. Department of Agriculture (USDA) under the Food and Nutrition Service (FNS).

• Third-party Social Media Service: Any website or social network website through which a User can log in or create an account to use the Service.

• Usage Data: Data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website or Site: Refers to Farmer's Fresh Meat and its associated sites, including Farmer’s Fresh Kitchen, accessible from https://www.farmersfreshmeat.com/, https://www.farmersfreshkitchen.com, and elsewhere.

• You: The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

SNAP Terms for Online Purchases

SNAP Purchase Authorization

By engaging in SNAP transactions through Our Service, You confirm authorization by the Food and Nutrition Service (FNS) to make purchases on behalf of a SNAP-eligible household. Note that SNAP benefits apply only to FNS-approved items. Our platform enforces restrictions against:

• The use of multiple EBT cards per account.

• The application of SNAP benefits towards non-eligible charges such as service charges, delivery fees, or convenience fees.

Transaction Limits

There are no set minimum or maximum limits for SNAP-eligible transactions on Our Service. For concerns regarding transaction limits or restrictions, please reach out to our support team for assistance.

Refunds

Refunds on items purchased with SNAP benefits are credited back to the original EBT card. Cash or store credit refunds are not available. If a manufacturer's coupon is applied to a SNAP purchase, the savings are returned to your EBT account.

Pricing Adjustments

Items sold by weight may be initially charged up to 10% more to cover potential price changes at order fulfillment. Overcharges will be automatically refunded to Your EBT card if the final price is lower.

Third-Party Services

Third-party services may be used for order fulfillment and related activities. Any terms or agreements with these third parties are your responsibility. We are not responsible for any service deficiencies from these third parties.

Payment Methods

We accept various payment methods, including major credit and debit cards, and EBT for eligible transactions. By submitting Your payment details, You authorize us to save Your card information for future transactions and to charge your chosen payment method. For card payments, a pre-authorization hold may be applied, with the final amount confirmed after delivery/pickup. EBT transactions necessitate PIN entry by the cardholder. You can opt out of saving your EBT card information by deselecting the relevant option.

EBT Card Policy

A single EBT card per account is allowed, following USDA and FNS regulations. SNAP benefits cannot be applied to ineligible charges, including service and convenience fees. Contact our support team for further assistance or inquiries.

Promotion codes

Our promotion codes are exclusively applicable to orders made through our Service and are subject to the terms outlined in this section. You can apply promotion codes during checkout by entering them at the cart and checkout page. Please note that all promotion codes have an expiration date, after which they will no longer be valid. In cases where the total discount value exceeds the order value, promotion codes may be adjusted accordingly.

We retain the right to withdraw or cancel any promotion codes at our discretion, either entirely or for specific goods or delivery areas. Should this occur, affected promotion codes will not be applicable to orders placed after the withdrawal or cancellation date. Additionally, we reserve the right to reject or cancel the use of a promotion code if fraud or illegal misuse is suspected. Customers are not entitled to claim compensation for the rejection or cancellation of a promotion code.

We cannot be held liable for any financial losses incurred due to the cancellation or withdrawal of any promotion code, or for any customer's inability to use a promotion code for any reason.

Collecting and Using Your Personal Data

Data Types Collected

Personal Data

While using Our Service, We may request that You provide certain personally identifiable information, which can be utilized to contact or identify You. This information may encompass, but is not limited to:

• Email address

• First name and last name

• Date of birth

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Usage Data

Usage Data Collection

Usage Data is automatically collected when you utilize the Service. This data may encompass your Device's Internet Protocol (IP) address, browser type, browser version, the pages of our Service that you visit, the date and time of your visit, the duration spent on those pages, unique device identifiers, and other diagnostic data. Additionally, when accessing the Service via a mobile device, we may automatically collect information including, but not limited to, your mobile device type, its unique ID, the mobile device's IP address, your mobile operating system, the type of mobile Internet browser used, unique device identifiers, and other diagnostic data. Information sent by your browser whenever you visit our Service or access the Service through a mobile device is also collected.

Information Provided by Third-Party Social Media Services

The Company permits You to create an account and log in to use the Service via the following Third-party Social Media Services:

• Apple
• Google
• Facebook
• Twitter
• LinkedIn
• Others, as may be added by The Company, from time to time.

If You opt to register or grant access through a Third-Party Social Media Service, We can gather Personal Data linked to Your account on that service, including but not limited to Your name, email address, activities, or contact list. Additionally, You might be able to share further information with the Company via Your Third-Party Social Media Service account. Should You decide to provide such information and Personal Data, whether at registration or subsequently, You authorize the Company to utilize, share, and retain it in accordance with this Privacy Policy.

Information Collected during Application Use

While utilizing Our Application, to facilitate its features, we may collect certain information with Your prior consent, including:

• Type, model, and software
• Information regarding your or your Device’s location
• Information from your Device's address book (contacts)

This information is utilized to offer and enhance the features of Our Service, and to personalize Our Service. It may be uploaded to the Company's servers and/or a Service Provider's server, or it could be stored directly on Your device. You have the option to enable or disable access to this information at any time via Your Device settings.

Terms Related to Tracking Technologies and Cookies

We employ Cookies and similar tracking technologies to monitor activity on Our Service and retain specific information. The tracking technologies utilized include beacons, tags, and scripts to gather and track information, enhancing and analyzing Our Service. The technologies we use may comprise:

• Browser Cookies or Cookies: A small file placed on Your Device, allowing the option to refuse all Cookies or to indicate when a Cookie is being sent. If not accepted, some parts of our Service may not be usable.
• Flash Cookies. Used for collecting and storing information about Your preferences or Your activity on our Service. These are not managed by the same browser settings as Browser Cookies.
• Web Beacons: Small electronic files in our Service and emails, enabling us to count users who have visited pages or opened an email, aiding in website statistics.

Cookies are categorized as either "Persistent" or "Session" Cookies, with Persistent Cookies remaining on Your device when offline, and Session Cookies deleted upon closing Your web browser. We utilize both types for:

• Necessary or Essential Cookies (Session Cookies) for providing services available through the Website and enabling some of its features.

• Cookies Policy and Notice Acceptance Cookies (Persistent Cookies) to identify if users have accepted the use of cookies on the Website.

• Functionality of Cookies (Persistent Cookies) allowing us to remember choices You make for a more personalized experience.

For detailed information on the cookies we use and your choices regarding cookies, please refer to our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data by Us: The Company may use Personal Data to:

• Provide and maintain our Service, including monitoring its usage.
• Manage Your Account for access to different functionalities.
• Perform under a contract for purchased products, items, or services.
• Contact You via email, calls, SMS, or other forms of electronic communication for updates or informative communications.
• Offer news, special offers, and information about goods, services, and events similar to those previously purchased or inquired about, unless You opt-out.
• Attend and manage Your requests to Us.

Sharing of Your Personal Information in situations such as:

• With Service Providers to analyze our Service use.
• For business transfers in mergers, sales, or acquisitions.
• With Affiliates, ensuring they honor this Privacy Policy.
• With business partners for offering products, services, or promotions.
• With other users, when You interact in public areas or through Third-Party Social Media Services, your activity may be visible to others.
• With Your consent for any other purpose.

Retention of Your Personal Data

The Company retains Personal Data as long as necessary for the purposes outlined in this Privacy Policy, complying with legal obligations, resolving disputes, and enforcing policies. Usage Data is kept for internal analysis and is generally retained for a shorter period, unless needed for security enhancement, functionality improvement, or legal obligations.

Transfer of Your Personal Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of Your jurisdiction where data protection laws may differ. Your consent to this Privacy Policy represents Your agreement to such a transfer. We ensure the secure treatment of Your data in accordance with this Privacy Policy, not transferring Your Personal Data unless adequate controls are in place.

Business Transactions

You acknowledge and consent that if the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. This consent is provided in advance, and you agree to the transfer without further notice.

Law Enforcement

In certain situations, the Company may need to disclose Your Personal Data by law or in response to valid requests by public authorities, such as courts or government agencies.

Other Legal Requirements

The Company may disclose Your Personal Data in the belief that such action is necessary to:

• Compliance with a legal obligation.
• Protect and defend the Company's rights or property.
• Prevent or investigate potential wrongdoing related to the Service.
• Ensure the personal safety of the Service's users or the public.
• Guard against legal liability.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but no internet transmission or electronic storage method is 100% secure. We aim to use commercially acceptable means to protect Your Personal Data, but cannot ensure its absolute security.

The Company employs security measures to protect Personal Data and Usage Data collected through the Service, recognizing that no security system is completely impenetrable. Should a security breach occur leading to unauthorized access to your data, the Company will make efforts to promptly notify affected users. Nonetheless, it is vital for You, as the user, to be proactive in monitoring and safeguarding your own information. While the Company is dedicated to protecting your data, it assumes no liability for any direct, indirect, incidental, consequential, or punitive damages arising from any security breach. This commitment includes efforts to inform users of a breach, but absolute security of data transmitted via the Service or stored on our servers cannot be guaranteed.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS AGREEMENT, THE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATES (TANZA GROUP LLC & FARMER'S FRESH MEAT LLC) TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE (WHICH INCLUDES THE FARMER'S FRESH MEAT APP AND THE WEBSITE ACCESSIBLE FROM HTTPS://WWW.FARMERSFRESHMEAT.COM/AND HTTPS://WWW.FARMERSFRESHKITCHEN.COM), OR YOUR ACCOUNT, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Children’s Use and Privacy

Our Service is not directed at individuals under the age of 13, and we do not intentionally collect personally identifiable information from anyone under this age. If you, as a parent or guardian, become aware that your child has provided us with Personal Data, please get in touch with us. Should we discover that Personal Data from individuals under the age of 13 has been collected without parental consent verification, we will take actions to eliminate such data from our servers.

Furthermore, if our processing of your information relies on consent and your jurisdiction mandates parental consent, we will seek such consent from your parent prior to collecting and using your information.

Links to Various Websites

Our Service includes links to external websites not managed by us. Clicking on a third-party link will navigate you away from our site to the third party's site. We urge you to read the Privacy Policy of every website you visit. We do not control, nor are we responsible for, the content, privacy policies, or practices of any third-party sites or services.

In-Store Pickup Requirements

ID must be presented at pickup. Name on credit card must match the name of the individual picking up the order.

The Company may, at its discretion, request additional information prior to releasing an order to You.

Undelivered Orders

The Company, comprising Tanza Group LLC & Farmer's Fresh Meat LLC, utilizes third-party delivery services to transport orders made through our Service, including the Farmer's Fresh Meat App and the Website accessible fromhttps://www.farmersfreshmeat.com/ andhttps://farmersfreshkitchen.com, to You. Our obligation is to prepare and make ready Your order for pickup by these third-party entities. Beyond this preparation, the Company cannot guarantee the delivery of items. Responsibility for the transportation and condition of items post-pickup lies with the third-party delivery service. This limitation applies irrespective of whether You are accessing the Service via an Account, through any Device, or using the Application. The Company's guarantee is confined to ensuring the order's readiness for collection by the designated delivery entity.

Governing Law and Venue

This Agreement and any disputes arising out of or related to the Service provided by the Company shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Houston and County of Harris. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Attorney's Fees and Costs

In the event You initiate a legal suit, action, or proceeding against the Company, and the Company prevails in such legal action, You shall be responsible for reimbursing the Company for all reasonable attorney's fees, court costs, and expenses incurred by the Company in connection with the defense of such action. This obligation to reimburse the Company shall apply regardless of the nature or outcome of your claim, provided that the Company has successfully defended against such claim in whole or in part.

In the event You initiate a legal suit, action, or proceeding against the Company, You shall immediately advance to the Company an amount sufficient to cover reasonable attorney's fees, court costs, and expenses anticipated to be incurred by the Company in connection with the defense of such action. This advance payment shall be made at the time the suit is submitted to the Company by You. The Company shall provide You with an estimate of these costs upon receipt of the suit.

YOU EXPRESSLY WAIVE ANY RIGHT TO CLAIM, SEEK, OR RECOVER ATTORNEY'S FEES FROM THE COMPANY UNDER ANY CIRCUMSTANCES, IRRESPECTIVE OF THE NATURE OR OUTCOME OF THE LEGAL SUIT, ACTION, OR PROCEEDING INITIATED BY YOU AGAINST THE COMPANY.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect and fully enforceable.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: [email protected]

• By phone number: (713) 715-5051