PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SYSTEM. BY USING ANY OF THE SERVICES, YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE SERVICES.
Swiss Message Deposit, AG, also known as: Swiss Message Bank. (SMB)
Thank you for choosing and using Swiss Message Deposit, also known as Swiss Message Bank (SMB).
Welcome to www.swissmessagebank.com (the "Site" and together with any sub-website or smartphone application, the "System"), operated by Swiss Message Deposit, Europe Ltd., a subsidiary of Swiss Message Deposit AG, based in Switzerland.
By using the System and/or Services you must be at least 18 years old and have the legal authority to accept these Terms, or you represent that you are a parent or guardian of a Minor on whose behalf you agree to these Terms and grant permission for such Minor to use and view the System and Services. Swiss Message Deposit reserves the right to make all or portions of the System or Services unavailable to Minors.
PLEASE READ AND REVIEW THESE TERMS CAREFULLY BEFORE USING THIS SYSTEM OR SERVICES.
If you do not agree to be bound by any of these Terms, then please discontinue using and accessing this System and/or Services immediately. Please note that any use or purchase from any business affiliated with the System and/or Services may be subject to different and/or additional terms for such respective service or business.
Please note that any information provided in the System and/or Services is intended for informational purposes only. In the event of any contradiction between such information and these Terms, these Terms shall prevail.
1. The Services & Additional Definitions:
Swiss Message Deposit offers various services in connection with the System, mainly a platform where Providers can leave voice messages (“Messages”) for selected Recipients which shall be delivered in accordance with directions received from the Provider. When you access the Swiss Message Bank you will be provided the opportunity to register on our System for your future convenience.
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, or password of another Provider at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Provider- any person who registers and opens an account, and records Messages for future date delivery, on the System.
- Recipient- any person designated to receive a Message from the Provider of the Message on a certain date.
- System - Swiss Message Bank’s software and hardware platform, together with any sub-website or smartphone application which enables Providers and Recipients access to our services.
- Accounts Access Information – information which includes certain details, such as account name, Providers name and password, which enable access to a certain Providers accounts, and/or other Messages uploaded by the Provider, along with other information, such as but not limited to, email accounts, social media accounts, file storage accounts, passwords to User's smartphones, I-pads etc.
- Messages - any and all tangible and intangible assets, as well as digital materials uploaded by a User to the System, including without limitation, Accounts Access Information, oral and written messages and personal data.
- Minor - a Provider or Recipient which according to their date of birth are under the age of 18.
- Personal Details – personal information provided by a Provider as part of his/her registration to the Services, either with respect to himself/herself and/or with respect to his/her delivery of Messages, as well as the intended Recipient of his/her Messages, including without limitation, names, email addresses, gender, date of birth, occupation, marital status, phone number, and address.
2. The Content and Sharing of Messages
2.1. You are solely responsible for any Messages and/or Personal Details uploaded by you, the Provider, to the System. You hereby represent and warrant that you shall not copy, upload, download or share content unless you have the right to do so (including but not limited to information regarding your Message Recipients. Furthermore, when you upload a Message to the System you hereby represent that such Message will not cause any infringement of any rights of other third parties, including without limitation, any intellectual property right and privacy rights. In addition, for any Messages you upload to the System, you represent and warrant that such content is free of any copyrights, trademarks or other intellectual property infringements of any third party.
All Personal Details which the Provider makes available to Swiss Message Deposit in connection with this Agreement is stored in a private and secure fashion, and will not be used by Swiss Message Deposit except as necessary to provide the Services. Provider hereby grants to Swiss Message Deposit a limited, non-exclusive, non-transferable, royalty-free right to use, display, transmit and distribute any provided data solely in connection with providing the Services to Provider.
Except as provided in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all Personal Details. The content of Messages Data shall be Your sole responsibility. Swiss Message Deposit shall operate the Services in a manner that provides reasonable information security for Personal Details, using commercially reasonable data backup, security, and recovery protections.
2.2. Subject to Swiss Message Deposits sole discretion, Swiss Message Deposit may, but is not obligated to, review your conduct while using the System’s Services. Swiss Message Deposit may block, delete, terminate access to, or remove any such Voice Messages or User's account that Swiss Message Deposit, in its sole discretion, considers to be non-compliant with any of the requirements of these Terms and/or applicable law’s. Swiss Message Deposit shall not be responsible in any way for any Providers Messages which they chose to post and share via the Swiss Message Deposits System. However; as Provider you undertake that you do not record any Messages which may be considered harmful, in any manner, to the Recipients. In the event, the Providers Messages are considered, by the Recipient, to be harmful, the Provider and the Recipient agree not to hold Swiss Message Deposit liable, in any way.
2.3. Swiss Message Deposit expressly disclaims any and all liability in connection with any Messages left by a Provider. Swiss Message Deposit reserves the right to purge/delete Messages from its databases at any time due to non-compliance with these Terms.
Message Delivery Notifications:
2.4. Swiss Message Deposit shall use its “Best Efforts” to deliver the Messages deposited on its system. The Message notifications shall be as follows:
2.4.a Notifications to the Message Provider: if the Provider has been registered in the System and made his/her email address available, prior to delivery of his/her Message a notification message will be delivered to the Provider three weeks in advance of the scheduled Message delivery date, in order to raise his/her attention on the possibility of modifying the Message or changing the delivery date one final time, before delivery.
2.4.b Notifications to Message Recipients: SMB will notify the Recipient of Messages by phone according to the Providers requested delivery date and time. The requested delivery time and date is an indication. SMB shall have the right, but it is not obliged to modify time and date of delivery (for instance in case of time zone differences). If the call for the Message delivery goes un-answered a second attempt shall be made by phone. Also, after the calls, at its best effort Swiss Message Deposit/Bank will attempt to contact the Recipient by SMS and email. Should there be no response from the Recipient within a period of 3 weeks, SMB will send note to the alternative email address provided by the Provider for the Recipient.
Contact information (including the alternative contact info) of the Recipient that the Provider has provided, as well as the specified delivery date, is what shall govern the delivery of all Messages. If any of the provided data is in-accurate Swiss Message Deposit may not be able to deliver the Providers Message. Swiss Message Deposit recommends that the Provider should register and periodically access his account and up-date all contact information for the Recipient, as well as make changes in delivery dates, if required. Swiss Message Deposit will not be held liable for the non-delivery of a Message due to inaccurate contact information provided by the Provider. Swiss Message Deposit will not be held liable for the non-delivery of a Message due to Recipient’s negligence. Swiss Message deposit may purge/delete the Message, without any further notification’s.
You accept that ongoing global technology development may achieve new forms of communication and that SMB shall have the right to adopt different technologies for Message delivery and for payment methods in the future. In the event a technology change effects the future delivery of a Message; Swiss Message Deposit shall make its best efforts to notify the Provider -if registered- of the issue in advance.
Swiss Message Deposit shall not be responsible, in the event the intended Recipient declines receiving your Message.
When performing the Services, Swiss Message Bank shall have the right to use subcontractors (for instance for data storage and call center). All Messages deposited by a Provider shall be stored on Amazon Servers. However; Swiss Message Deposit, at its sole discretion, may elect to move stored Messages to other Data Storage Providers, without notice. In no event, shall Swiss Message Deposit be responsible for a (Lost Message) due to “Force Majeure”.