Sign-up and receive discounts, early access and much more!

SMS/MMS Mobile Marketing Program & Notifications

TERMS OF SERVICE

SMS/MMS Mobile Marketing Program & Notifications

Bio Minerals BV (“Bio Minerals”, "Us", "Our" or "We") offers a mobile messaging program (the “Program”). In order to participate in the Program, you must agree to these SMS/MMS Mobile Marketing Program & Notifications Terms of Service (the “Agreement”), the Bio Mineral Terms of Use available at https://www.biosil.beauty/en-us/terms-and-conditions/ (the “Terms”) and the Privacy Policy available at {https://www.biosil.beauty/en-us/privacy-policy/ (the “Privacy Policy”; collectively, the Agreement, the Terms and the Privacy Policy will be referred to as the “Agreement Documents”). This Agreement governs your participation in the Program. By opting in to or participating in the Program, you accept and agree to this Agreement, including, without limitation, your agreement to resolve any disputes relating to the Program with us through binding, individual-only arbitration, as detailed in the “Program Dispute Resolution” section in the Terms. This Agreement is limited to the Program and is not intended to modify other terms, agreements, or policies that may govern the relationship between you and Us in other contexts.

READ THIS AGREEMENT AND THE OTHER AGREEMENT DOCUMENTS CAREFULLY BEFORE SIGNING UP FOR THE PROGRAM. ENROLLING IN THE PROGRAM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT ALL THE AGREEMENT DOCUMENTS.  YOU CANNOT PARTICIPATE IN THE PROGRAM IF YOU DO NOT ACCEPT THE AGREEMENT DOCUMENTS.

NOTE:  THE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THE AGREEMENT DOCUMENTS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BIO MINERALS.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED THEREIN.

User Opt In:  The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms.  Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply.  Message frequency varies.

User Opt Out:  If you wish to terminate your participation in the Program, you may reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile messages received from Us as part of the Program.  You may receive an additional mobile message confirming your decision to opt out.  

Program Description:  Without limiting the scope of the Program, users that opt into the Program may, from time to time, receive messages concerning the marketing and sale of Biosil products, partnerships, surveys, company updates and related content.  Messages may include checkout reminders.

Cost and Frequency:  Message and data rates may apply. Message frequency varies.  The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions:  For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected].  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure:  The Program will send SMS terminating messages (“TMs”) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty:  

THE PROGRAM IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE PROGRAM, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE PROGRAM IS FREE OF PROBLEMS. The Program may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier.  We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.  Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.  Carriers are not liable for delayed or undelivered mobile messages.

Limitation of Liability: WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate.  Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not participate in the Program if you are under thirteen (13) years of age.  If you participate in the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By participating in the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to participate in the Program, or are of adult age in your jurisdiction.  By participating in the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to participate in the Program.

Prohibited Content:  You acknowledge and agree to not send any prohibited content in connection with the Program. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Miscellaneous:  You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.  The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.  If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.  The Federal Arbitration Act, Florida state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Agreement.  Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to this Agreement or the Program will be heard in the courts located in Miami-Dade County, Florida. This Agreement is the entire agreement between you and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between the parties about the Program.  The disclaimer of warranties, representations made by You, limitations of liability and general provisions shall survive any termination of this Agreement. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing.  We reserve the right to change this Agreement from time to time.  Any updates to this Agreement shall be communicated to you.  You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes.  By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.