Terms and Conditions ("Terms")

Last updated: June 29, 2022

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.thebiotagroup.com/ and https://shop.thebiotagroup.com/ websites (the "Service") operated by The Biota Group ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

When you finalize an order with The Biota Group, you are agreeing to our our Livestock Guarantee Policy, all the policies listed on our FAQ Page, and our Acclimation procedure. 

When you place an order with The Biota Group, you consent to our Shipment Contract. With this shipment contract, the buyer bears the risk of loss for the goods prior to actually receiving them. The Biota Group's duty is to get the goods to the carrier and make proper delivery arrangements. After this, if any loss occurs the buyer bears the risk of loss and is responsible for the costs. Shipping service costs are non-refundable.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, phone number, and email address. 
We reserve the right to cancel an order at any time for any reason. A10% cancellation fee will apply to all canceled orders. By completing and submitting the electronic order form (or proceeding through the 'checkout process') you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.

The materials appearing on The Biota Group’s web site could include technical, typographical, or photographic errors. The Biota Group does not warrant that any of the materials on its web site are accurate, complete, or current. The Biota Group may make changes to the materials contained on its web site at any time without notice. The Biota Group does not, however, make any commitment to update the materials.

You further acknowledge and agree that The Biota Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through our web sites or services.

Livestock Size and Coloration

Please allow for variations in the size of fish which may deviate from the listed size. Captive bred fish often tend to be smaller, but this does not affect their survival in proper conditions. We always choose the largest available animal when packing your order.

We do our best to accurately represent the coloration of our animals. Each animal is unique and may exhibit color variation. Many animals change color naturally over time and in varying conditions. Please note, coloration in our photographs is affected by many factors including your computer's monitor, where the animal is in relation to the lighting, the color spectrum of the lighting, and variations in white balancing. You can read more about variations in coral coloration here.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms, please contact us at support@thebiotagroup.com

SMS PRIVACY POLICY (Updated 07/02/2024) 

This SMS Privacy Policy (this “Privacy Policy”) describes how we at Biota Aquariums LLC (“Biota Aquariums LLC”, “we”, or “us”) collect, use and disclose your personal information in connection with your use of the services to receive short message services and/or multi-media services for marketing and non-marketing purposes from us through the Constant Contact, Inc. platform (“SMS Services”). This Privacy Policy is strictly limited to the SMS Services described herein and does not relate to the collection or use of personal information through any of our other services. In addition, it has no effect on and is unrelated to any other privacy policy(ies), if any, that may govern the relationship between you and us in other contexts. Please read this Privacy

Policy carefully. By enrolling in, using or accessing any of the SMS Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the SMS Services. This Privacy Policy is incorporated into our Terms of Service covering SMS Services. 

INFORMATION COLLECTED ABOUT YOU 

Personal information we collect about you through your use of the SMS Services may include first name, last name, mobile number, address, email address, job title, and birthday.

We may use cookies or similar technologies on our website or websites associated with the SMS Services to automatically collect your interactions with any URL links included in the Messages. 

USE OF PERSONAL INFORMATION FOR SMS SERVICES 

We use your personal information to provide you with our products and services and other relevant information. We may also use this information to market our products and services to you, including by the SMS Services subject to your consent. 

We may also use information collected from you and information collected from your device to send you abandoned cart reminders if you added items to your shopping cart but did not complete check out. 

DISCLOSURE OF PERSONAL INFORMATION 

We may use third-party service providers to assist us with providing and marketing our products and services to you, and we may disclose your information with such third parties for these purposes. 

* Notwithstanding anything set forth in this Privacy Policy, we do not share text message opt-in consents or related mobile telephone numbers with third parties, except with our service providers and vendors to provide the SMS Services.

* Please review Constant Contact’s Customer Data Notice for information about how they use your information. 

We may also share your personal information if necessary to comply with any applicable law or regulation, to respond to a subpoena, search warrant or other lawful request for information we receive, in the event of a merger or sale of our company, or to otherwise protect our rights or property. 

OPTING OUT 

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. 

ELIGIBILITY 

To receive SMS Services, you must be a resident of the United States and 18 years of age or older. 

CHANGES TO THIS PRIVACY POLICY 

We may update this Privacy Policy at any time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. Please review it frequently. By continuing to use the SMS Services after any such changes have been made, you accept and agree to the updates to the Privacy Policy.

 CONTACT INFORMATION 

If you have any questions about this Privacy Policy or our privacy practices, please contact us at support@thebiotagroup.com

SMS TERMS OF SERVICE 

Your use of the Biota Aquariums LLC (“Biota Aquariums LLC”, “we”, or “us”) services to receive short message services and/or multi-media services (“Messages”) for marketing and non-marketing purposes from us through the Constant Contact, Inc. platform (the “SMS Services”) is subject to these SMS Terms of Service (these “SMS Terms”). The SMS Services and our collection and use of your personal information is also subject to our SMS Privacy Policy. By enrolling to use, using or accessing the SMS Services, you accept and agree to these SMS Terms and our SMS Privacy Policy. 

* SMS Services Description: We may send marketing and non-marketing Messages, through the SMS Services which may include transactional Messages. Marketing Messages advertise and promote our products and services and may include promotions, specials, other marketing offers, abandoned checkout reminders and other relevant information. Transactional Messages relate to an existing or ongoing transaction and may include updates and other transaction-related information. Messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we and our third-party service providers may send you Messages regarding the foregoing topics and that such Messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for Messages sent through the SMS Services but you are responsible for any Message and data rates imposed by your mobile provider, as standard data and Message rates may apply for short Message alerts. We do not share text message opt-in consents or related mobile telephone numbers with third parties, except with our service providers and vendors to provide our SMS Services. 

* Eligibility: To receive SMS Services, you must be a resident of the United States and 18 years of age or older. 

* User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the SMS Services and you agree to receive recurring Messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You represent that any mobile phone number you provide to us is a valid mobile phone number of which you are the valid account owner or authorized user. If you change your mobile phone number or are no longer the valid account owner or authorized user of the mobile phone number, you are responsible for notifying us immediately at support@thebiotagroup.com. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your mobile phone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Your use of the SMS Services is not required to make any purchase from us and your use of the SMS Services is completely voluntary.

 * User Opt-Out and Support: You may opt-out of the SMS Services at any time. If you wish to opt-out of the SMS Services and stop receiving Messages from us, or you no longer agree to these SMS Terms, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any Message from us. You may continue to receive Messages for a short period while we process your request and

you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to use the SMS Services again, just opt-in as you did the first time, or text START to a Message sent by us, and we will start sending Messages to you again. For support, reply HELP to any Message from us. 

The SMS Services may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these SMS Terms. We may also change the telephone number or short code we use to operate the SMS Services and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed. 

* Disclaimer of Warranty and Liability: The SMS Services are offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any Message or information sent through the SMS Services. To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees. 

* Modifications: We may revise, modify, amend, suspend or cancel all or any part of the SMS Services or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these SMS Terms at any time. Any such modification will take effect when it is posted to our website or websites associated with the SMS Services. You agree to review these SMS Terms periodically to ensure that you are aware of any modifications. Your continued use of the SMS Services will constitute your acceptance of those modifications or changes.