Disclaimer.

This Disclaimer applies to the SMSHandy platform, website, dashboard, API and related services (the "Service"), operated by Sitehandy Solutions (Business Registration No. NS0159990-H) ("Company", "we", "us", "our"). It should be read together with our Terms of Service and Privacy Policy, which it forms part of and is incorporated into.

This page is addressed both to our customers and to members of the public who have received a message transmitted through the Service.

1. Our Role: Technology Intermediary

The Service is an automated message-transmission platform. Its operation, in every case, is as follows:

• The customer composes the message content, or supplies it through our API.
• The customer selects the recipients from lists that the customer sources, uploads and controls.
• The customer selects the Sender ID and initiates the send.
• Our systems accept the submission and pass it, by automatic technical process, to a licensed telecommunications operator or aggregator for delivery.

At no point do we compose message content, select recipients, or decide that a message should be sent. Transmission is automatic, transient and initiated by the customer. We exercise no editorial control over the composition of message content, and we have no prior knowledge of the content of any message before the customer submits it.

Accordingly, in respect of content transmitted at the direction of a customer, the Company acts as an innocent carrier within the meaning of the Malaysian Communications and Multimedia Content Code, which provides that a service provider that gives access to content but has neither control over the composition of that content nor knowledge of it is not responsible for that content for the purposes of the Code. Our role is also analogous to that of a service provider carrying out transmission, routing and the provision of connections under Part VIB (sections 43B to 43H) of the Copyright Act 1987, which limits the liability of service providers for material transmitted through their systems at the direction of another person.

2. Responsibility for Message Content Rests with the Sender

For the avoidance of doubt, and as a term of our contract with every customer:

• The customer is the author, originator and publisher of every message sent through its account. The Company is not the author, originator or publisher of that content.
• The customer warrants, on every send, that the message and its transmission comply with all applicable law and that the customer holds every consent, licence, permit and approval required for the content (Section 4.2 of the Terms of Service).
• The customer is solely responsible for obtaining the consent of recipients, for the lawfulness of its contact lists, and for honouring opt-out requests.
• The customer is responsible for content submitted by its own employees, agents, contractors, sub-users, resellers and clients, and by any person using its credentials or API keys.
• The customer indemnifies the Company in full against any claim, investigation, fine, penalty or loss arising from its messages (Section 21 of the Terms of Service).

The Company does not adopt, ratify, endorse or vouch for any statement, offer, price, product, service or representation contained in a customer's message. The appearance of a message on the network does not indicate that the Company has reviewed or approved it.

3. Sender Identity and Impersonation

A Sender ID is a label chosen and requested by the customer. It is not a certification by the Company of the sender's identity, licensing status, legitimacy or trustworthiness, and it is not verified by any telecommunications operator as such.

Sender IDs and telephone numbers can be spoofed or falsified by third parties using systems that have nothing to do with SMSHandy. A message is not from SMSHandy, and is not endorsed by SMSHandy, merely because it was delivered as an SMS. We will never ask you, by SMS, for a password, OTP, TAC code, PIN, banking credential or payment.

4. Measures We Take Against Misuse

We are not required to monitor every message, and no screening system can detect every unlawful message. We nevertheless maintain, and actively operate, the following measures, which we consider reasonable and proportionate for a service of this kind:

• A binding Acceptable Use Policy and prohibited-content regime. Section 6 of the Terms of Service expressly prohibits gambling and betting promotion, scams and phishing, illegal moneylending, unlicensed financial services, money laundering, drugs, obscenity, content offensive to race, religion or royalty, unlawful trading in personal data, and other unlawful content. Every customer must accept these Terms before an account is opened.
• Customer verification (KYC). We may require identity documents, SSM business registration, proof of address, beneficial ownership details, evidence of the source of contact lists and consent records, and may refuse or terminate accounts that fail verification.
• Screening of content and traffic. Message content, Sender IDs, destination lists and traffic patterns are screened by automated means and, where a risk is identified, escalated for manual review, with our customers' express consent under Section 12.1 of the Terms of Service.
• Sender ID vetting. We reject, revoke or modify Sender IDs that impersonate, or suggest affiliation with, another business, brand, bank, government agency or public institution.
• A published abuse-reporting channel. Any person, whether or not a customer, may report a message to [email protected]. We investigate all credible reports.
• Immediate enforcement. On a confirmed breach we suspend or terminate the account without notice, halt campaigns in progress, disable API keys, and forfeit all credits and balances with no refund (Section 13 of the Terms of Service).
• Cooperation with the authorities. We disclose account identity, KYC documents, logs, message content and delivery records to MCMC, the Royal Malaysia Police, Bank Negara Malaysia and other competent authorities where required by law or reasonably necessary to prevent, detect or report an offence, and we preserve those records for enforcement purposes.
• Compliance with network-level restrictions imposed by MCMC and by Malaysian telecommunications operators.

These measures are preventive and responsive. They are not, and are not represented to be, a guarantee that no unlawful message will ever pass through the Service. Nothing in this Section creates a duty of care to any person that would not otherwise exist, and our operation of these measures is not an assumption of responsibility for the content of any customer's message.

5. No Liability for Third-Party Content and Conduct

To the maximum extent permitted by law, the Company is not liable for, and disclaims all responsibility in respect of:

• the content, accuracy, legality, or effect of any message composed and sent by a customer;
• any loss, damage, distress or expense suffered by a recipient or by any other person as a result of a message sent by a customer, including any loss arising from a scam, misrepresentation, unsolicited message or unlawful offer contained in it;
• any transaction, agreement or dealing entered into between a recipient and a customer, or between a recipient and any third party identified in a message;
• the acts, omissions, solvency, licensing status or trustworthiness of any customer;
• the content or practices of any website, application, payment page or other destination referenced in a message or linked from our website;
• any message that was not in fact sent through the Service, including messages sent by third parties using spoofed identifiers; and
• the acts, omissions, outages, filtering, blocking, delay or content restrictions of any telecommunications operator, aggregator or regulator.

Where liability nonetheless arises, it is subject to the exclusions and the aggregate cap in Section 20 of the Terms of Service, and to the twelve (12) month period within which any claim must be brought.

6. Notice and Takedown: How to Report a Message

If you have received a message transmitted through the Service that you believe is unlawful, fraudulent, unsolicited, defamatory, or that infringes your rights, please notify us so that we can act. We take reports seriously and do not require you to be a customer to make one.

6.1 Where to send a report

Email [email protected]. For copyright complaints, notice may also be given in accordance with section 43H of the Copyright Act 1987.

6.2 What to include

• The full message content, preferably as a screenshot showing the sender label and timestamp
• The Sender ID or number that appeared as the sender
• The date and approximate time of receipt
• The recipient number that received it
• The reason you believe the message is unlawful or infringing, and, for a rights complaint, evidence of your rights and a statement that the complaint is made in good faith
• Your name and contact details, so that we can respond and, if necessary, verify the report

6.3 What we do

• We acknowledge credible reports and open an investigation.
• Where the report is substantiated, we act under Section 13 of the Terms of Service — which may include halting the campaign, suspending or terminating the account, revoking the Sender ID and forfeiting credits.
• Where the matter appears to involve a criminal offence, we refer it to the relevant authority and preserve the associated records.
• We may disclose to a complainant only what the law permits us to disclose. Requests for a customer's identity or records will normally require a court order, a police report reference, or a lawful request from a competent authority, and we will cooperate with such a request.

Reports made in bad faith, or that are knowingly false or misleading, may themselves give rise to liability, and we reserve the right to recover the costs they cause us.

6.4 Other reporting channels

• Scam or financial fraud: National Scam Response Centre (NSRC), telephone 997, or your nearest police station.
• Unsolicited or improper communications: MCMC public complaints, via mcmc.gov.my or the MCMC complaints line.
• Personal data concerns: Personal Data Protection Department (JPDP), Ministry of Digital.

7. Website Content, Information and Availability

• Information on this website, including feature descriptions, delivery rates, coverage, statistics, guides and blog content, is provided for general information only. It does not constitute legal, financial, technical, regulatory or professional advice, and must not be relied on as such. You should obtain your own professional advice on your circumstances.
• We aim to keep information accurate and current but do not warrant that it is complete, accurate, current or free from error. Content may be changed or removed at any time without notice.
• Prices, plans, promotions and feature availability may change and are not an offer capable of acceptance until confirmed in your account or in a written agreement.
• Any statement about future features, roadmap items or planned channels is an indication of intention only and is not a commitment or a warranty.
• Delivery rates, response times and performance figures are indicative, are affected by factors outside our control, and are not a guarantee of results in your own use. Message delivery depends on third-party operators and is not guaranteed.
• Any case study, testimonial or example describes a particular customer's experience and does not warrant that you will obtain a comparable outcome.

8. Third-Party Links, Names and Marks

Our website and documentation may link to third-party websites and services, and may refer to third parties by name — including telecommunications operators, payment providers and infrastructure vendors. We do not control those third parties, are not responsible for their content, products, services or practices, and do not endorse them by referring to them. Third-party names, logos and trade marks remain the property of their respective owners, and their use is for identification only and does not imply affiliation, sponsorship or endorsement.

9. Security and Availability

We apply the security measures described in our Privacy Policy. No platform is immune from attack, failure or compromise, and we do not warrant that the Service will be uninterrupted, timely, secure or error-free. You are responsible for keeping your account credentials and API keys secure, and for the activity carried out under them.

10. Relationship to Our Other Legal Terms

This Disclaimer does not limit or replace the Terms of Service or the Privacy Policy; it is read with them. Where this Disclaimer and the Terms of Service address the same subject, the Terms of Service prevail. Nothing in this Disclaimer excludes or restricts any liability or right that cannot lawfully be excluded or restricted, including liability for fraud or for death or personal injury caused by negligence, and including rights under the Consumer Protection Act 1999 where it applies to you. If any provision of this Disclaimer is held invalid or unenforceable, it is to be read down or severed to the minimum extent necessary and the remainder continues in full force.

11. Governing Law & Jurisdiction

This Disclaimer is governed by the laws of Malaysia. Any dispute arising out of or in connection with it is subject to the dispute resolution procedure and the exclusive jurisdiction provisions in Section 25 of the Terms of Service.

Service of legal process. Legal notices and court process must be served by registered post on Sitehandy Solutions at the address below, and, for our records, copied by email to [email protected]. Service by any other means, including a message sent through the Service or a post on social media, is not accepted as valid service.

12. Language

This Disclaimer is published in English and Bahasa Malaysia. The Bahasa Malaysia version is a translation provided for convenience. In the event of any inconsistency, ambiguity or conflict, the English version prevails, save where applicable law requires otherwise.

13. Contact

• Company: Sitehandy Solutions (NS0159990-H)
• Abuse, misuse and takedown reports: [email protected]
• General support: [email protected]
• WhatsApp: +6011-3803 8022
• Address: F-7 Tingkat 1, Bangunan Arked MARA, 71000 Port Dickson, Negeri Sembilan, Malaysia.

This Disclaimer governs the Service and does not constitute legal advice to you. You are responsible for obtaining your own legal advice on your circumstances.