General
ESend allows users to receive selected set of their emails as text messages (SMS) to their mobile phone ("Email to SMS") as well as to send SMS online ("Online SMS") at esend.ch (the "Site"). "The Service" means the above mentioned set of services.
Joining the Service
You can register to the Service by entering your mobile phone number via a web form on the Site. A password to the members section of the Site will be sent to you. You are not obligated to use the Service, and by using it you agree to the Terms of Use as a whole.
You may start using the Service immediately after receiving your password. For the Email to SMS service you will be assigned a unique email address. Emails received at this address are forwarded to your mobile phone as SMS, with your specific settings applied. This service is deactivated by default, follow instructions on the Site to enable it.
Leaving the Service
You can stop using the Service at any time by entering your account via the Site, clicking on "Close Account" and confirming. Any unused SMS credit is kept for you until the next time you register with the same phone number. It is not possible to transfer SMS credit to another phone number, or to receive a refund for unused SMS.
Price and Payment
Message credit can be purchased in multiples of CHF 10, and must be prepaid in full. A message charge occurs (1) each time you receive an SMS using the Email to SMS feature; (2) each SMS that is sent as a result of using the Online SMS feature. Email or online message may be split to several SMS due to technical limitation on SMS length (160 characters for SMS using only simple Latin characters, 70 characters for Unicode SMS), in which case a charge occrs on each part. Under no circumstances is it possible to transfer SMS credit to another ESend account, or elsewhere. No refund is given for remaining credit in case you decide to stop using the Service, see Leaving the Service above.
Prices can be changed by ESend from time to time and are clearly presented on the Site. By purchasing messages after a price change you signify acceptance of the new price. In the event you do not accept the price change you may stop purchasing new messages and use your credit at the time to its end.
Warranty and Liability
The Service is provided by ESend "as is" and "as available" without any warranties, guarantees, or conditions, express or implied. In particular, ESend does not guarantee the continuous availability and accuracy of the Service. ESend will put technically and commercially reasonable efforts to have the Service available and working, but makes no warranties that any particular feature of it will be available or functional at any particular time. Furthermore, ESend does not warrant, or represent that: (1) the Service will be timely, secure, error free, or uninterrupted; (2) the Service will meet your requirements; (3) any result of the Service is accurate. You understand and accept that since all messages sent by ESend are sent via third-party telecommunication companies and mobile network operators, the influence ESend has over the transmission of your messages is technically constrained. The responsibility of ESend is to ensure that all messages sent by the Service are processed correctly and delivered to the assigned entity. ESend cannot and does not guarantee, and is not responsible, for the final delivery of the text message, as it is out of the control of ESend. Without limiting the foregoing in any way, under no circumstances shall ESend have any liability with connection to the Service in excess of the amount paid by the claiming entity in the two months prior to the claim.
Changes to the Terms of Use
The Terms of Use can be altered by ESend by publishing a new version of them on the Site.