Gerbang SMS Kerajaan Malaysia

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Acceptance of Terms

Welcome to the 15888 SMS Portal, a service provided by the Government of Malaysia and maintained by Dapat Vista (M) Sdn Bhd (“We” or “Us” or “Our”). The services provided by this portal ("the Services") and therefore by the Government of Malaysia are subject to the following Terms and Conditions of Services (“these Terms”).

You confirm that you have the legal capacity (including being of legal age under Malaysian laws) and authorisation to so use and be bound. If you do not have the legal capacity or authorisation to do so or if you do not agree to these Terms: (i) you must not use this portal and the Services; and (ii) if you continue to so use, you do so under a disclaimer of any rights against Us and under the indemnity in these Terms.

The Services offered to you are conditioned upon your acceptance without modification of these Terms. You acknowledge that, from time to time, it may be necessary for Us to update or revise certain provisions of these Terms. By continuing to use this portal or the Services after the updates or revisions, you agree to those updates and revisions, and to be legally bound by the updated version of these Terms and confirm that you have the legal capacity and authorisation to so use and be bound. We are not obliged to notify you personally about the changes to these Terms, this Portal and Services.
Registration Obligations

In consideration of the use of the Services, you agree to register an account and provide true, accurate, current and complete information about yourself as prompted by “user profile” page and refrain from impersonating or falsely representing your affiliation with any person or entity, maintain and update the Registration Information to keep it true, accurate and current, maintain a valid contact information at all times and promptly notify Us in writing of any change to your contact information from time to time, be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password.
Actions not Permitted whilst using the Services

You agree that all information, data, text, photographs, graphics, music, sound, video, messages or other materials ("Content") publicly posted to this portal by you or by persons authorised by you or with your consent is your sole responsibility. You are entirely responsible for all Content that you upload, post or otherwise transmit via this portal and the Services. We do not guarantee the accuracy, integrity or quality of such Content. We reserve the rights, but are not obligated, to review the Content posted via this portal and the Services. Although We prohibit the uploading of certain types of Content to the portal, We cannot control the use of our Service and this portal. It is possible that images or other material may appear on this portal which are unlawful or offensive. We are not responsible for such images or material. Neither Us or Our subsidiaries, affiliates, officers, agents, co-branders or other partners and employees and or servants shall be responsible and or liable in any manner whatsoever for the appearance on this portal of such images or materials.

We may at Our discretion contact law enforcement authorities if We believe that anything unlawful is occurring or has occurred in relation to this portal. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by Us. In registering for the Services, you agree to not use the Services to:

(i) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, politically motivated, or racially, ethnically or otherwise objectionable. In this regard, you expressly agree to comply with the requirements of Malaysian law including (but not limited to) the Malaysian Communications and Multimedia Content Code (the "Code") together with the applicable laws and regulations of the jurisdiction in which you are using the Services (collectively referred to herein as the "Applicable Laws") and shall not provide and or post any prohibited Content (as set out in the Content Code) nor any Content in contravention of Applicable Laws on to the 15888 SMS Portal website. Please click on the hyperlink to the Content Code (as defined in the Code) website which can be found on http://www.cmcf.org.my/HTML/cmcf_content_code_online_main.asp;
(ii) upload, post or otherwise transmit any Content of a third party/entity without that third parties or entities prior knowledge and consent; harm minors in any way; impersonate any person or entity;

(iii) upload, post or otherwise transmit any Content that you do not have a right to transmit under any Applicable Laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(iv) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, unless such party express prior consent is first had and obtained;

(v) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;

(vi) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt or hack into these Services or servers or networks connected to these Services, or disobey any requirements, procedures, policies or regulations of networks connected to these Services;

(vii) intentionally or unintentionally violate any applicable local, national or international law including but not limited to any Applicable Laws;

(viii) "stalk" or otherwise harass another;

(ix) collect or store personal data about other users;

(x) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

In addition and subject to Clause 5 below, you further expressly agree that while using and or while preparing to use the Services, you shall not interfere with any other 15888 SMS Portal users use and/or enjoyment of the Services; modify, adapt, translate or reverse engineer any portion of the Services; remove any copyright, trademark or other proprietary rights and/or notices contained in or on the Services; reformat or frame any portion of the web pages that are part of the Services;

The foregoing shall not in any manner whatsoever affect or prejudice any of our other rights as set out in these Terms including but not limited to the right to submit personal data regarding yourself that is held by Us and or copies of any posting(s) which has been uploaded by you on to the 15888 SMS Portal website to law enforcement authorities, in the event We determine that any such Content and or posting(s) is prohibited and or is otherwise in violation of these Terms.
Security, Disclosure & Disclaimer

(i) You must promptly notify Us of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.

(ii) Sometimes, your use of this portal and the Services may be interrupted. This could happen due to power failure, equipment malfunction, human error, software update, maintenance, repair, government order, epidemic, natural disaster, emergency, social unrest, labour conflict or any other reason. It could result in loss of, or limited, access; loss of data or customised settings; limited or no functionality; obsolete or wrong data displayed; transactions abandoned or mistakenly concluded; or other loss or inconvenience. We are not liable for such interruption.

(iii) The sending of information electronically is not always secure. The information which you provide through this portal and the Services or which We transfer electronically could be intercepted and used for malicious purposes.

(iv) We do not give any warranty (whether statutory, express or implied) on the availability, reliability or quality of hardware or internet or telecommunication services for you to use this portal and the Services; the freedom of this portal and the Services from malware; the security of information you provide through this portal and the Services; non-infringement; or fitness for a particular purpose. Your use of this portal and the Services is at your own risk.
Intellectual Property Rights

Subject to the following provisions of this Clause 5, you shall retain all intellectual property rights, ]= including copyright, to the Content that you have uploaded to this portal.

You agree that We have a royalty-free, non-exclusive licence(s) in perpetuity to display, modify, print, transmit, distribute or delete any of the Content that you at any time upload on to the portal. The use of such information by third parties visiting this portal is beyond Our control.
Indemnity

You agree to indemnify and hold Us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners (including any person or entity with which We have a service and or other contractual relationship, whether such relationship is evidenced in writing or otherwise), and employees and or servants, harmless from any claim or demand, including claims for legal fees, made by any third party due to or arising out of your Content, your use of this portal and the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another. You agree to pay any legal fees incurred by Us due to or arising out of your Content, your use of the portal and the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.
Assignment / Successors inure

The rights, benefits and entitlements herein contained shall inure for the benefit of Us, Our successors-in-title and Our permitted assigns.
Advertisements and Promotions

Your correspondence or business dealings with, or participation in promotions or campaigns undertaken by, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge that you are responsible for viewing and abiding by the privacy statements and terms and conditions of use posted at the relevant advertisers/promoters web sites. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred by you or any third party as the result of any such dealings or as the result of the presence/activities of such advertisers / promoters on the Services.

You are to strictly adhere to the following Compliance Guidelines imposed by the Malaysian Communications and Multimedia Commission (MCMC) for ALL SMS promotions, advertisements or campaigns for your business:
Law and Jurisdiction

These Terms and the provision of the Services by Us are governed by and shall be interpreted in accordance with Malaysian Law. In the event of any dispute arising in relation to these Terms or in relation to the provision of the Services by Us, the Malaysian Courts will have exclusive jurisdiction over such dispute.
Communications and Multimedia Content Forum of Malaysia

Upholding and maintaining standards by abiding by recognised content and privacy guidelines is crucial, and a lot of effort has been dedicated to this matter on our part and by relevant regulatory authorities. Find out more about this at the CMCF (Communications and Multimedia Content Forum of Malaysia) website. The hyperlink to the CMCF website can be found on http://www.dapat.com
Severability

If any of the provisions of this Agreement is found by any competent authority (whether judicial or quasi-judicial) to be void, illegal, invalid, prohibited or unenforceable, such provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall thereafter remain in full force and effect.

Upholding standards by keeping to recognised content and privacy guidelines is crucial, and a lot of effort has been dedicated to this matter. Find out more about this at the CMCF (Communications and Multimedia Content Forum of Malaysia) website.
Waiver

No failure to exercise or delay in exercising by Us of any claim, remedy or right under these Terms shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other claim, remedy or right. Our waiver of your breach of these Terms shall not be construed as a waiver of any subsequent breach. Our rights and remedies under these Terms are cumulative and not exclusive of other rights or remedies provided by law.
Entire Agreement

These Terms contain the entire agreement between Us and you on the subject matter here and supersedes all prior agreements and understandings between Us and you whether written or not, including any promises by Our representatives. Except as provided under these Terms, no communication between Us and you, whether or not through Our respective representatives, shall be valid to amend these Terms or to grant any waiver to you unless formalised in writing, expressed as such an amendment or waiver and signed by a member of our senior management team specifically authorised to do so.

Privacy Statement

Welcome to the 15888 SMS Portal, a service provided by the Government of Malaysia and maintained by Dapat Vista (M) Sdn Bhd (“We” or “Us” or “Our”). The services provided by this portal ("the Services") and therefore by the Government of Malaysia are subject to the following Terms and Conditions of Services (“these Terms”).

Personal Information

(a) By using this portal and the Services, you consent to the collection, storage, use and disclosure of your personal data according to, and agree to be legally bound by, these Terms as long as you have an account on this portal or continue to use this portal or the Services. You should read these Terms carefully before proceeding to use this portal or the Services.

(b) In compliance with the Personal Data Protection Act 2010 of Malaysia, We are committed to safeguard the privacy of personal data you provide to Us. They are encrypted and protected by a robust and redundant system with strict security policies, both electronic and human. Our personnel are trained with emphasis on the importance of keeping your personal data private.

(c) We collect such personal data during your interaction with Us, including when you use the portal and Services, when you communicate with Us and when you meet Our representatives. We may use cookies to gather information about your use of this portal and the Services, including personal data.

(d) The data that We collect and store about you could include:
- Details of your visits such as pages and links accessed and how long they are visited.
- Data about web traffic, location and other communications.
- Name, entity name, residential and work address, national registration identity card number, passport number, company registration number, national polling station, organisational affiliation, contact details, image, social media account, identity of acquaintances, credit card details and record of debt, billing and payment.
(e) We may disclose your personal data to 3rd parties (including our related corporations (as defined in the Companies Act 2016 of Malaysia), service providers, financial institutions and governments, which may be located outside Malaysia). Our collection, storage, use and disclosure of your personal data may be for any of the following purposes:
- contacting you, maintaining your account and executing the functions of this portal and the Services.
- improving this portal and the Services, including tailoring the functions to your preferences.
- offering products that may be of interest to you and other marketing and promotional activities.
- providing you information about the functions of this portal and the Services.
- producing reports and statistics showing anonymous or aggregated personal data.
- conducting market surveys.
- complying with our legal obligations.
- investigating and resolving disputes and enforcing our rights under these Terms and the law.
(f) We store your personal data (either in our servers or those of 3rd parties) throughout the time you are in a relationship with Us and afterwards, for as long as necessary to protect Our interest. We may transfer your personal data to locations outside Malaysia for analysis and storage.

(g) You may request to see your personal data We have in Our record and to have them corrected. You may also refuse or withdraw your consent for Us to collect, store, use or disclose your personal data or ask that they be deleted from Our storage, but if you do so, this portal and the Services may not work for you and you may miss important communication. To proceed under this paragraph, please write to Us at the channels shown in this portal or please contact us at careline@15888.my.

(h) If you provide to Us personal data of a 3rd party including anyone without the legal capacity to give consent, you confirm that you have the explicit consent from that 3rd party, or the legal right, to do so. You also confirm that you will be personally liable for their actions when they use the Services, as well as indemnify us under these Terms.
Service notifications and alerts

As a registered portal user, We will from time to time send you emails regarding your portal account, the status of the system, any disruptions or informing you of new features available to you.
Contact Information

We welcome your comments regarding this Privacy Statement. If you believe that We have not adhered to this Privacy Statement, please contact us at careline@15888.my.