This page provides you with further information about specific rights, obligations, andservice limitations that apply to your use of telephone numbers issued by Sinch
MessageMedia in Australia.

1. You Have a ‘Right of Use’, Not Ownership of a number
   When Sinch MessageMedia issues a number to you, you are granted a right to use that
   number. You do not own the number itself. This right is subject to the conditions outlined in the Numbering Plan and our Customer Terms.
2. Our Key Obligations as a Service Provider
   As a Carriage Service Provider (CSP), Sinch MessageMedia must comply with the
   Numbering Plan. Our key obligations include:
   • Number Portability: You generally have the right to “port” (keep) your number when switching providers for portable services (e.g., Dedicated numbers). Please note that some numbers, such as those in a shared pool for messaging, are not portable.
   • Information for Emergency Services (IPND): We are required to provide your number and address information to the Integrated Public Number Database (IPND), which is used by emergency services to locate people in emergencies.
   • Withdrawal and Recall of Numbers: We may be required to withdraw a number under specific circumstances, such as to comply with the law, if you cancel your service, or if the number is used for unlawful activities.
3. Your Responsibilities and Critical Service Limitations
   As a user of a telephone number, you are responsible for adhering to the following rules
   and limitations:
   1. No Access to Emergency Services
      Sinch MessageMedia’s services are not a replacement for a traditional telephone service and cannot be used to contact Emergency Services like Triple Zero (000), 112, or 911.
      Our services do not fall under the definition of an “Emergency Telephone Service” as specified in Australian telecommunications law. You must ensure you have an alternative method for making all emergency calls, such as a traditional mobile phone or fixed-line service.
   2. Prohibition on IoT and Automated Systems
      You must not use any mobile number provided by Sinch MessageMedia in connection with any Internet of Things (IoT) device, “smart” device, data-only service, or any other application that links systems for automated communication. This includes, but is not limited to, automated telemetry, telematics, and vehicle tracking systems.
   3. General Compliance
      You must use the number in compliance with all applicable laws, including the Spam Act 2003, and adhere to the Sinch MessageMedia Customer Terms and Acceptable Use Policy.
4. Further Information
   For more detailed information, you can refer to the Telecommunications Numbering Plan 2025 – Federal Register of Legislation.

If you have any questions about the use of your number, please contact our support team at [https://support.messagemedia.com/hc/en-us].

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If we are notified by one of our carriers of a major outage or a significant local outage, we will communicate information about such outages using a combination of email and status page updates available at  https://status.messagemedia.com/ – it is highly recommended that customers subscribe to these status pages so that they can be sure to receive status updates on any relevant outage.  During a relevant outage, we will also make information about the outage available via social media channels.

Sinch also offers live chat functionality which can be used to make requests for any urgent assistance which we can help you with. When we inform you of an ongoing outage, we will provide a phone number that you can call (which is available during relevant outages) and customers can also contact their account manager, if they have one.

Where required, updates will be provided as soon as practicable if there is a material change that relates to the outage or otherwise, at least once every 6 hours for the first 24 hours and once during each subsequent 24-hour period. As soon as practicable after we consider that all services affected by a relevant outage have been restored or fully rectified, we will notify and communicate this to the public and end users.

You are able to make a complaint about an outage by following our Complaints Handling Policy here: https://sinch.com/legal/policies-statements/other-sinch-policies-statements/sinch-complaints-handling-policy/

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Our Services are intended for your legitimate business or commercial use only and you must comply with our Acceptable Use Policy.

Your Customer Contract comprises, in order of precedence:

(a) your Order Form;
(b) the terms of your Plan;
(c) the Product Terms;
(d) the following Parts:

• • Part A (General Terms);
  • Part B, (Reseller Terms), if you are a Reseller;
  • Part C (Additional Security Terms applicable to use of our API);
  • Part D (EU and UK Privacy Terms);
  • Part E (EC Standard Contractual Clauses), if you are subject to the GDPR; and
  • Part F (UK International Data Transfer Addendum), if you are subject to the UK GDPR.

Unless otherwise agreed to in writing with us, your Customer Contract will be between you and:

• MessageMedia U.S.A., Inc. Colorado Corp No. 20211959186, if you are domiciled or incorporated in North America; or
• MessageMedia Europe Limited (Company Number 3771735), if you are domiciled or incorporated in Europe or the United Kingdom; or
• Message4U Pty Ltd (ABN 16 095 453 062), if you are domiciled or incorporated in Australia or any other part of the world.

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Modern Slavery Statement 2024

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As part of an ongoing approach to protect consumers from fraudulent and malicious SMS, regulators around the world are introducing certain requirements on messages.  In some regions, this includes a requirement to register Sender IDs. The purpose of this International Sending Policy is to enable you to have a better understanding of those requirements when using our service and any facility we provide.

2. Regional requirements

3. Compliance

Compliance with this Policy is a mandatory requirement under your Customer Contract for use of the Services, and you must ensure you read this Policy and understand how it affects you. We may change the Policy from time to time. Please keep up to date with any changes by looking at the Policy on a regular basis. We cannot guarantee delivery of messages sent through our Service that do not comply with Regional Requirements in this Policy nor due to an Intervening Event under your Customer Contract. If you fail to comply with this Policy, your access to the Services may be suspended or terminated or blocked.

4. Questions

If you have questions about this Policy, please contact our Support team https://messagemedia.com/au/contact/ As updated on 25 January 2023

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We will update this page at least 10 days before engaging a new sub-processor, and if you subscribe for updates through the subscription mechanism at the bottom of this page, we will notify you by email of changes to this page. Please refer to your Customer Contract for more information about sub-processors. 

Stay Informed about Sub Processors Updates

Please provide your contact information below to receive updates about any changes or updates to our Sub Processors:

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The MessageMedia Data Protection Agreement has been replaced by the Sinch Data Processing Agreement. For the most recent version, please visit: https://sinch.com/legal/terms-and-conditions/other-sinch-terms-conditions/data-protection-agreement/

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Last updated: November 2023 

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using the Sinch SMS for Zoho Extension.  

1. Acknowledgment 

1. By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, you must not download, install, copy, access or use the Application. 
2. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. 
3. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement. 

2. License 

1. The Company grants You, a revocable, a non-exclusive, a non-transferable, and a limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.  
2. You agree to comply with  Sinch MessageMedia’s Terms of Service.   
3. Zoho is not a party to this Agreement. 
4. Effective from 1 February 2023, the Application does not support Twilio, except by express written agreement to the contrary.   

3. License Restrictions 

You agree not to, and You will not permit others to: 

1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party. 
2. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application. 
3. Create or recreate the source code of the Application. 
4. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application. 
5. Remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to, or encoded or recorded on the Application. 
6. Publish any performance or benchmark tests or analysis relating to the Software except with the permission of the Company.   

4. Intellectual Property 

1. The Application including its source code and object code is the exclusive property of the Company. The Company (and its licensors) exclusively own and reserves all rights, title and interest in the Application, including all Intellectual Property Rights as well as any Derivative Works.    
2. You will not exercise any right, title and interest in the Application except for the limited usage rights granted to You by this Agreement.  
3. This Agreement is not an agreement of sale, and does not transfer any title, Intellectual Property Rights or ownership rights in the Application to You.  
4. The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extend the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights. 

5. Payments  

1. You agree to pay all fees and charges in accordance with the terms of Your Contract with the Company.  
2. You must pay for all third party charges connected with Your use of the Application, including SMS fees incurred via your Sinch MessageMedia account. Under no circumstance will the Company be held liable to pay for the SMS on behalf of the users.

6. Modifications and Updates to the Application 

1. The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications. 
2. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You. 
3. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You. 

7. Third-Party Services 

1. The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. 
2. You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services. 
3. You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions. 
4. You cannot upload files for any illegal, harmful, fraudulent, offensive purpose or transmit, store, display, distribute or otherwise make available content that is infringing upon any third party rights, illegal, harmful, supportive of or promoting violence or violent extremism, advocating hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment, indecent, obscene, defamatory, libelous, harassing, threatening, fraudulent, offensive, enables online gambling or inconsistent with the generally accepted practices of the Internet community, including without limitation promoting or facilitating pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, spamming, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming, and use of content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms or time bombs. 

8. Term, Termination and Suspension 

1. The Term of this Agreement will commence on the date when You download the Application and shall remain in effect until terminated by You or the Company.  
2. The Company may suspend Your service at any time upon Your breach of this Agreement or in circumstances that the Company deems necessary to comply with applicable law, standards or community expectations.  
3. Either party may terminate this Agreement upon material breach this Agreement by the other party where such breached was not cured within thirty (30) days of receiving the non-breaching party’s notice of the breach.  
4. This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any material provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer. 
5. Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device. 
6. Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement. 

9. No Warranties 

1. The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 
2. Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components. 
3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty. 

10. Limitation of Liability and Indemnity 

1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application. 
2. To the maximum extent permitted by applicable law, in no event shall either party be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 
3. You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. 

11. Severability and Waiver 

1. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 
2. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. 

12. Confidentiality  

Each party acknowledges that it may have access to Confidential Information of the other party in connection with this Agreement, and that each party’s Confidential Information is of substantial value to the Disclosing Party, which could be impaired if it were improperly disclosed to third parties or used in violation of this Agreement.  

13. Privacy 

1. If a party is provided with, or has access to, Personal Information in connection with the Services, it must comply with the Data Protection Laws and any other applicable law in respect of that Personal Information, whether or not it is an organisation bound to comply with the provisions of Data Protection Laws. Details of our Privacy Policy can be found on our website. 
2. You acknowledge and agree that where you authorise or require us to collect or otherwise deal with Personal Information in your name or on your behalf in connection with providing the Services, that we do so as your agent. 

14. Changes to this Agreement 

1. The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect.
2. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms.  
3. The Company may assign or novate all or part of our rights and obligations under your Contract without your consent. You cannot assign or novate all or part of your rights and obligations under your Contract unless we agree in writing.  

15.  Governing Law & Jurisdiction  

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia without regard to its conflict of law provisions. 

16. Waiver  

A party’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.  

17. Definitions and Interpretation 

For the purposes of this End-User License Agreement: 

1. Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application. 
2. Application means the Sinch SMS for Zoho CRM extension available from the Zoho Marketplace. 
3. Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Message4U Pty Ltd.    
4. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. 
5. Data Protection Laws means (as applicable to you and as amended and replaced from time to time): in Australia: the Privacy Act 1988 (Cth);  in the US: the Telephone Consumer Protection Act (TCPA) and applicable Federal Communications Commission (FCC) regulations; the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN SPAM) and applicable FCC and Federal Trade Commission (FTC) regulations; in the UK: the Data Protection Act 1998, the Data Protection Directive (95/46/EC); in the EU: the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679; in NZ: the Privacy Act 2020;
6. Device means any device that can access the Application such as a computer, a  mobile phone or a digital tablet. 
7. Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application. 
8. You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable. . 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

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1. Policy statement

Sinch is committed to handling complaints fairly, efficiently and effectively. We treat every complaint seriously and aim to resolve your concerns as quickly as possible.

This policy is endorsed by Sinch’s senior management. References in this policy to Sinch refer to all of Sinch’s Australian subsidiaries.

2. Who is covered by the policy?

This policy applies to Australian consumers who have a complaint about Sinch or its products and services.

3. What is a complaint?

A complaint is any expression of dissatisfaction or grievance made to us about our products, services or a network outage, where a response is specifically requested or implied, or the way we have managed a complaint. If our personnel are unsure if you want to make a complaint, we will ask you.

An urgent complaint includes complaints relating to a customer’s financial hardship or the imminent disconnection of a service where we have not followed our procedures or an urgent network outage complaint where there is a risk to your personal safety or a serious health risk.

4. How to make a complaint

Sinch MessageMedia customers may make a complaint in the following ways:

Sinch ClickSend customers may make a complaint in the following ways:

All other Sinch Customers may make a complaint in the following ways:

Our personnel can help you formulate, make or progress your complaint. You may appoint an authorised representative to contact us on your behalf. We may ask you for permission to discuss your complaint with the authorised representative.

If you would like to contact us to make a complaint but require assistance to do so (for example, if you have a hearing impairment), you can contact us via a language interpreter service or if you use a TTY to communicate, you can contact us via the National Relay Service. Should you have more specific needs requiring assistance in making a complaint (for example, financial hardship situations), please let us know so that we can determine how to assist you.

There is no charge for making a complaint.

5. Resolving your complaint

If you make a complaint by telephone, we will try to resolve your complaint at that time.  If we can’t resolve your complaint straight away, we will escalate your complaint.

If you make a complaint by email or letter we will acknowledge within 2 working days of receiving it, with an estimate of how long it will take to resolve.

The confirmation will include a unique reference number or some other unique identifier for the complaint, and instructions about how the complaint can be monitored. We attempt to assess and resolve all complaints within 10 working days unless your complaint is an urgent one, or your complaint relates to billing. If your complaint is urgent we will attempt to resolve it within 2 working days and if your complaint relates to billing we will attempt to resolve your complaint by the end of the following billing cycle.

We will contact you if there is a delay in resolving your complaint.  We will provide you with the expected timeframe, any additional information about the delay and your options to resolve this matter via external dispute resolution.

If you accept our proposed resolution we will implement it within 5 working days, except where otherwise agreed, or where we are waiting on you to undertake any agreed actions to implement the resolution.

We will close your complaint once the resolution has been implemented or when you have agreed to it.

Resolving outage-related complaints 

Our services rely on telecommunications networks to deliver your communications.  From time to time, telecommunications networks, or platforms such as ours, experience outages, for a variety of reasons. In addition to the above general procedure for resolving complaints, the default resolution of a network outage is to restore access to your services affected by the network outage as soon as reasonably practicable. When such a default resolution occurs we will notify you that services have been restored, including: (i) how you can make a complaint seeking a tailored resolution if you are not satisfied with the default resolution; (ii) what steps to take if you believe our attempt to implement the default resolution has been unsuccessful; (iii) the methods by which you can request further assistance from us if your service has not been restored; and (iv) if we have a bulk resolution offer, details about the nature of that offer and any timeframes for accepting that offer.

If we receive a complaint about an outage we may:

• investigate to determine what type of outage has occurred and how any default resolution may have been unsuccessful;
• request information from you to assist us, such as the details of the outage being experienced; and
• communicate to you how the complaint will be treated and resolved.

6. If your complaint is still unresolved

If you are not satisfied with how we have handled your complaint, you have a right to take it to the Telecommunications Industry Ombudsman, which is a free and independent service.

You may ask the Telecommunications Industry Ombudsman (TIO) to assist with your complaint by contacting them via their website tio.com.au or calling 1800 062 058.  The TIO will expect that you have attempted to resolve the complaint with us before lodging a TIO complaint.

7. Related policies

Sinch has specific policies and procedures relating to financial hardship and major and significant local outages. Please see:

• for Sinch MessageMedia:
  • www.messagemedia.com/au/legal/financial-hardship-policy. 
  • https://messagemedia.com/au/legal/major-outage-procedure/
• for Sinch ClickSend:
  • Sinch ClickSend Financial Hardship Policy
  • ClickSend Procedure for Outages – June 2025
• For Sinch Australia
  • Sinch Financial Hardship Policy

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