Mobile Terms and Conditions
Mobile (SMS) Terms and Conditions
Please read these terms and conditions carefully. By opting-in to receiving SMS communications from GemCare Wellness (GCW) (“Company”), you expressly consent to receive text messages from GCW and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time.
You also accept and agree to be bound by these SMS Terms and Conditions, our Privacy Policy, and any other applicable terms and agreements related to your use of the Company’s services.
Program Description. Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you. Company text messages include but are not limited to: communication with your Registered Dietitian (RD), appointment reminders, necessary forms, and more.
Message Frequency. The number of Company text messages you receive varies depending on how often you communicate directly with your RD. Unlimited monthly messages are available based on customer needs.
Cost. Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.
Supported Carriers. Supported carriers may change from time to time, but currently include AT&T, Cellular One, Cellular South, Cincinnati Bell, Cricket, MetroPCS, US Cellular, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, and Alltel.
How to Opt In. To opt-in to receive text messages from GemCare Wellness (GCW), you can enroll via one of the following options. (1) Check box on coaching consent form before the first appointment. (2) Enroll via text opt-in form on GCW website. (3) Accept terms and conditions when enrolling in coaching through your employer.
How to Opt Out.To stop receiving text messages from a GCW text messaging program, text STOP to the number for the text messaging program from which you no longer wish to receive the message (i.e., the number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program.
Your Mobile Telephone Number. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify the Company of a number change by calling 1-800-294-9176.
You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Indemnity. You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Privacy Policy. Our complete privacy policy can be viewed here.
Access or Delivery to Mobile Network is Not Guaranteed. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company’s control, and Company is not responsible or liable for issues arising from them.
Support/Help. To request more information, please call 1-800-294-9176 or emailcoaching@gemcarewellness.com.
Eligibility. To receive Company text messages, you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions. Company may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Company’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Company text messages will indicate your acceptance of those changes.
Termination of Text Messaging. Company may suspend or terminate your receipt of Company text messages if Company believes you are in breach of these SMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.
Communications and Consent to Electronic Notices. You may communicate with Company via postal mail, telephone, and our website. Company may issue notices via these various channels, including sending an e-mail to an address you provide. You agree that such notices shall have legal effect. You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use Company products or services.
You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Company will provide you with paper copies upon request. You may make such a request via [any of the channels listed above]. If you withdraw your consent, Company reserves the right to terminate your use of Company’s products or services.
To receive, access, and retain the notices that Company sends via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that Company may send. You may update your contact information through the contact us form on the website.
Contact Us. If you have questions regarding these Mobile SMS Terms and Conditions, please reach out to us by submitting a contact us form on the website or via email at customerservice@gemcarewellness.com.
Revised 02/01/2021