Terms of Use of MySmartfren Application

 

By using/accessing website and official Smartfren Application, including its derivative websites and applications, features, social media, and other media provided by Smartfren (“Smartfren Platform”), user (“You” or “Your”’) agrees to be bound by, to conform with and to carry out all terms and conditions of the Smartfren Platform usage (”Terms of Use”) includes every amendments thereto from time to time, as set out herein below:

I. Definition

  1. “Smartfren Service” means the service where You can carry out the multiple activities and/or transactions that are provided in the Smartfren Platform.
  2. “Substance” means every substance, and/or object, and / or logo, and/or logo websites/ application, and/or brand of services, contents, products and features prepared by Smartfren or the Content Providers as provided in the Smartfren Platform.
  3. “Smartfren Number” means Smartfren’s number that is provided by PT Smartfren Telecom Tbk. or PT Smart Telecom (as relevant), which is selected at the registration and usable for You to carry out the transaction and enjoy the benefits which You have through the Smartfren Platform.
  4. “Third Party” means a party beyond You and Smartfren, including among others Content Provider, Payment Service Provider, as well as the parties who have collaboration with Smartfren to offer their products or service through the Smartfren Platfrom and/or in order to improve the quality or ease in providing the Smartfren Service.
  5. “Payment Service Provider” means any third party which has obtained the license from the authorized authority to carry out the payment gateway services which You may select when completing the transactions through the Smartfren Platform.\
  6. “Content Provider” means any third party which provides the access towards contents, either free or paid, which are Smartfren’s partners.
  7. “Customer Care” is the Smartfren’s customer care service contactable by You via email at customercare@Smartfren.com or live-chat feature available in the Smartfren Platform.

II. General Terms

  1. To be able to enjoy the Smartfren Service at maximum and to enjoy every benefits provided, You carry out the prior registration by filling up and completing the required data enquired by the Smartfren Platform and must follow all activities which required by Smartfren, including among others to carry out the activation of the Smartfren Number according to the provisions of applicable regulations and provisions stipulated by Smartfren.
  2. You completely acknowledge and agree that (i) the usage of Smartfren Numbers shall be in conformity with the terms and conditions of Smartfren telecommunications services from time to time; (ii) You only may access and use the Smartfren Services, including but not limited to, carrying out the transaction, obtain, and enjoy the benefits and rewards which You obtained in Your account whenever You utilize the Smartfren Number and Your Smartfren Number always on active mode.
  3. You represent and warrant:
    1. You are an individual which has the capability and the authority according to the applicable laws in Indonesia, to enroll in and use the Smartfren Service and to carry out this Terms of Use. You must at least 17 years old or holds the Resident Identity Card (Kartu Tanda Penduduk/KTP) to use the Smartfren Services;
    2. all information, declaration, data submitted by You through the Smartfren Platform and during the activation of the Smartfren Number are correct, accurate and valid. All copies of personal identity and other type of documents submitted through the Smartfren Platform are correct and in conformity with their original;
    3. to sustainably comply with, obey and agree to abide to and bound by every Terms of Use, the terms and conditions of Smartfren’s telecommunication services, as well as the terms and conditions of each service provided in the Smartfren Platform;
    4. You are an end user and will not use this Smartfren Service for resale;
    5. You have read, understood, and agreed to all the terms and conditions set out in this Terms of Use, including the FAQ (frequently asked questions) that is an integral part of this Terms of Use.
  4. Smartfren Service is the dynamic service and will always evolve to a better one from time to time, therefore Smartfren may update, modify, omit or apply access restriction without a prior notice over, including but not limited to, the products, the services, the benefit, the reward, and/or the other offers which are solicited through the Smartfren Platform. Furthermore, Smartfren is entitled to limit order/purchase transactions for Smartfren Service or that are indicated to be used for resale activities.

III. Smartfren Service Account

  1. You are solely obliged to secure confidentiality of the information data on Your account (“Account”), including but not limited to the Smartfren Number, username, password/personal identification number (PIN). You take complete responsibilities on any activities that You carried out through such Account, including but not limited to any risk and/or damage that arises resulting from the misuse by You and/or by any Third Party which is relied upon whatsoever basis or cause whether directly or indirectly when using the Smartfren Services. In case of You forgot the username or password/PIN of Your Account, You may use the ‘forgot password/PIN’ which automatically enabled Smartfren sending the guidline to reset password/PIN via e-mail which is registered in Your account. On the other hand, You may also reach our Customer Care that is accessible through the Smartfren Platform. Smartfren will provide You with methods to reset Your account by carrying out Your data validity verification process.
  2. Make sure You have logged-out/signed-out from Your Account at the end of each session and immediately notify Smartfren if there is indicative unauthorized use of password/PIN or Your Account.
  3. Smartfren never ask for username, password / PIN or SMS verification code or OTP code of Your Account for any whatsoever reason. Therefore, Smartfren advise You so not to provide any of such information and/or any important data to any person who claims acting on behalf of Smartfren or any other person of whom the safety cannot be guaranteed.
  4. As technology advances, You may able to access the Smartfren Platform and/or all or part of the Smartfren Services through Third Party platforms. In this case, You acknowledge and agree that the Third Party may view all or part of the information in Your Account, including but not limited to remaining credit (prepaid) or remaining credit limit (postpaid), current active packages, the active period of the package, and the remaining internet/data quota.

IV. Content

  1. Smartfren Platform provides multiple informative contents (“Content”) for You, amongst other but not limited to contents in the form of news article, photos, videos, and other type contents, which are available with the integration/partnership with the Content Providers.
  2. Smartfren display the limited resources from contents which are presented and severely paid respect to the prevailing copyright.
  3. Smartfren adapts no contents which are integrated with the Content Providers, however at our own Smartfren is entitled to evaluate such contents for publication in the Smartfren Platform and to shut down the access into concerned certain website links for any reason whatsoever.
  4. In case You found any indicative form of plagiarism over the presented content, You shall report to the Customer Care or convey the message through tools/features that may exist in the Smartfren Platform, then Smartfren may carry out the investigation, notify to the Content Provider and/or shut down Content from the Smartfren Platform.

V. Mobile Games (Online Games)

  1. Smartfren Platform may present various mobile games (online games) that can be played by You either free or paid, exchanging it with points or with other type of rewards that You have, in accordance with every game’s terms. You can earn points or other type of rewards as many as possible through the various activities/tasks/missions provided in the Smartfren Platform.
  2. From time to time Smartfren is entitled to update the games provided in the Smartfren Platform and independently determine the mechanism of the game for You. You can play such games and earn the points or other type of rewards as referred to in each game’s terms.
  3. In case You have not carry out the registration, then You cannot earn any points or rewards. Smartfren recommend You to first carry out the registration according to the terms in Clause II above.

VI. Lifestyle Commerce

  1. To meet Your lifestyle needs, Smartfren collaborates with its partners to provide lifestyle commerce services, namely an e-marketplace platform services that offer attractive products to meet Your lifestyle and You may buy such products at affordable prices. You may access the lifestyle commerce service through the Smartfren Platform and other features/tools/channels which available for You from time to time. You may access lifestyle commerce services through the Smartfren.Shop menu or tool or feature provided in the mySF application and official websites of the Smartfren.Shop.
  2. You may read terms and conditions in more detail concerning the lifestyle commerce service on the lifestyle commerce page.
  3. The lifestyle commerce service is called Smartfren.Shop or other names that will be used in the future. However, Smartfren under no circumstances shall be liable for the content, implementation, and fulfillment of the terms and conditions as referred to in Clause VI item 2 above; which is solely responsibility of the lifestyle commerce service provider. Lifestyle commerce service terms and conditions may change from time to time. All issues arising out from the products/services offered by lifestyle commerce service providers must be settled by and between the user and lifestyle commerce service providers without involving Smartfren.

VII. Financial Service

  1. In order to meet Your needs in banking or other financial service, the Smartfren Platform will offer You products or services from a Third Party, such as from a bank, insurance or/and other financial service provider.
  2. If You agree to accept the offering, then You will be directed to the site/website/link of Third Party for further transaction. You hereby grant Your consent to Smartfren to provide data/information be required by a Third Party for the purpose of processing the application or products.

VIII. Implementation of Transactions and Payment Gateway Services

  1. You have fully responsibilities on any submitted information/data when carrying out the transaction through the Smartfren Platform. You can examine the status of transactions which You carried out at the transaction history feature provided in the Smartfren Platform.
  2. For certain transaction provided in the Smartfren Platform, Smartfren accommodate the payment services which is provided by the Payment Providers having collaboration with Smartfren.
  3. From time to time, Smartfren entitles to determine and modify the fees that will be charged to You for any transaction You carried out through the Smartfren Platform.
  4. In accommodating the payment service, Smartfren keeps no data concerning the payment tool/method which You used. All data concerning the payment tool/method which You used will be kept by the Payment Service Provider secured by the ROC global security certification of PCI-DSS.
  5. Payment and/or transaction mechanism which is carried out thru the Smartfren Platform shall be according to the terms stipulated by each Payment Service Provider.
  6. Concerning the use of one-time password (OTP) security tool, the relevant telecommunications operator may from time to time charge and modify the fees that which will be payable by You according to the applicable policies of such operator.
  7. To maintain and/or improve the quality of the Smartfren Services, from time to time Smartfren may evaluate the payment mechanism to increase Your convenience of carrying out the transaction through the Smartfren Platform.
  8. Transactions which have been confirmed by You CANNOT BE REVOKED UNDER ANY REASON WHATSOEVER and the transaction shall remain being processed according to the information of data which is already input by You.
  9. Concerning to the payment mechanism that You make (i) You warrant that You have the right/authority over the payment instrument which You used and all information provided by You concerning the payment instruments are valid and accurate; (ii) by agreeing to pay using a credit card, You authorized Smartfren to charge the said credit card, an amount of fees for the purchase transaction that You made thru the Smartfren Platform.

IX. Limitation on Use of Intellectual Property Rights

Every Substance provided in the Smartfren Platform is protected by the provision of law prevailing in Indonesia (including but not limited to Intellectual Property Rights). You will not justified or will be prohibited to use, copy, distribute, print, re-produce, upload, display, and/or disseminate the Substance in any manner without prior consent from Smartfren. If You know that there is a Substance within the Smartfren Platform that has no relevance or ineligible for display, You may immediately notify Smartfren therefore Smartfren may omit the same off the Smartfren Platform.

X. Limitation of Liability

  1. You hereby release and discharge Smartfren including our director, commissioners, employees, shareholders, affiliates, and vendor/partner against any demand and lawsuit or damage incurred by any person (including You) that is caused by, including but not limited to:
  2. malfunction, error, omission, interruption, defect, delay on transmission, computer virus, internet disconnection, or any specific result from the usage and/or incapability to take advantage of one or more Substance provided in the Smartfren Platform, including Your incapability or failure to access the Smartfren Platform; or
    1.  Your violation/negligence to fulfill one or more of the Terms of Use herein, or
    2.  It has had occurred, or indicatively suspected of misuse/abuse of Your Account or the Smartfren Service or the Smartfren Number, use the device that lead to a physical damage, illness, health risk or any other damage that afflict You or other parties; or
    3.  act of renewal/modification, suspension and/or termination of services performed by Smartfren under this Terms of Use.
  3. All suggestions, ideas, images and/or schemes, or any other information that being communicated (“Suggestions”) from You through the Smartfren Platform will become Smartfren’s exclusive ownership and therefore Smartfren may use that entitlement to reproduce, use , notify or share such Suggestions without any limitation and without any obligation to pay for compensation in any form to You. You solely responsible that every Suggestion which You brought up to Smartfren is original, not against the law, not a falsehood, not against the decency and or appropriateness, and not violating any other person’s intellectual property rights.
  4. In conjuction to the status of the Suggestion, Smartfren is free to view the Suggestion as information which requires protection and You are voluntarily release Smartfren from all responsibilities related to Suggestions, including without limitation to the condition when in the future it is found that such products, idea, promotion and/or advertisement in the Smartfren Platform has similarities either partially or wholly.
  5. You are required to keep Your Smartfren Number and prevent Your Smartfren Number from the authorized use by other person and or be falsified. You understand and agree that Smartfren that no responsibility of Smartfren to You and/or any other person for any event that occur beyond Smartfren’s fault or negligence or due to a force majeure.
  6. Hereby You acknowledge and agree that Smartfren has no responsibility to any content provided by the Content Provider into the Smartfren Platform.
  7. Smartfren Platform when presenting the content may show the website links, services and advertisements accesses from the Third Parties of which Smartfren has no control. Smartfren has no warranty in any form for the Substance derived from any other website through the Smartfren Platform, including but not limited to, whether or not the Substance is free or not from any type of viruses which damage the device and/or harm You.

XI. Disclaimer

  1. In case there is faulty on technical and printed Substance in the Smartfren Platform, Smartfren is entitled to modify, add, reduce, and/or make any improvement (“Changes”) whenever it is required from time to time.
  2. The Substance provided for You in this Smartfren Platform has been modified according to the applicable law and regulations in Indonesia, presented “as-is” without warranty in any form, both explitcitly or implicitly. Smartfren refrains to provide any warranty on appropriateness and / or appropriateness or fairness of the Substance that provided for free of charge in this Smartfren Platform. Furthermore, Smartfren has no warranty that (i) function of such Substance provided in the Smartfren Platform is free from the usage disruption and/or from functional errors; and (ii) defects on Substance will be fixed; and (iii) the Smartfren Platform and/or server that provides the Substance is free from viruses that can jeopardize or damage Your device.
  3. Smartfren does not make any representations and/or should not be construed as making any standard of service (service level warranty) regarding the use and/or the result of use of the Substance provided to the extent that the correctness, accuracy, and/or credibility of the Substance contained in the Smartfren Platform. You are responsible for all costs associated with the service, repair and/or maintenance of the devic You use to access the Smartfren Platform. This disclaimer may be declared invalid in the event that the applicable laws prohibit such exception to the warranty that is not expressly given.
  4. Since fraud and/or extortion as a criminal action may occur, Smartfren expressly declare that in any circumstances, Smartfren has no responsibility in the usage of Smartfren’s name, reputation, brand and/or logos or the Smartfren Services that is being used by other person without Smartfren prior written consent, so that such may result in losses/damages, both morally and materially to any person (including You).

XII. Suspension or Termination

  1. Your Account will automatically be terminated if You are no longer registered as a customer or Your Smartfren Number is in the period of suspension/termination. In this case, all Your points and rewards shall be forfeited.
  2. Smartfren entitles to unilaterally suspend or terminate Your access to the Smartfren Services, if there is (suspected to be) one or more of the following events occured:
    1. You are proven/suspected violating a law/regulation or breach one or more of this Terms of Use; or
    2. You failed to fulfill any obligation set out in this Terms of Use; or
    3. a force majeure occurs for more than 3 (three) months consecutively; or
    4. there is an official request/order from any relevant government authority; or
    5. Smartfren detects or suspects that there is abuse/irregularity/suspicious indication on activity/transaction that was performed by Your Account; or
    6. Smartfren is no longer carrying out the business/operations of the Smartfren Services with certain consideration(s); or
    7. any repair, modification, or maintenance on the Smartfren Platform and/or the Smartfren Services and/or the Smartfren’s network; or
    8. any technical interference to the Smartfren Platform and/or the Smartfren Services and/or the Smartfren’s network;
    9. You have passed away, filed for bankrupt, bankruptcy, liquidated, put under the supervision of the curator or under the surveillance; or
    10. any provision that require the suspension or termination of the Smartfren Services under prevailing law and regulation in Indonesia territory.
  3. In relation to the termination of this Terms of Use, You and Smartfren agree to waive the provisions of second and third paragraphs of Article 1266 of Indonesian Civil Code (KUHPerdata).
  4. The termination of the Smartfren Service does not prejudice Your obligations (if any) which has already existed prior to the effective date of termination, of which shall survive upon termination. This Terms of Use will remain valid and binding until You have fulfilled all of Your obligations.

XIII. Other

  1. Failure to perform or postpone the implementation of a part or a whole of the obligations under this Terms of Use shall not be considered as violation if it occurs due to the circumstances beyond Smartfren’s control (force majeure), including but not limited to (a) natural disasters; (b) event of wildfire, strike, war, riot, rebellion or other military action; (c) authority action that affect the continuation of the Smartfren Services; (d) third party action that cause Smartfren unable to provide part or whole of Smartfren’s Services; (e) interference/disturbance/damage to the telecommunication server/network that is not caused by Smartfren’s negligence; (f) enactment of policy from the government authorities that affects the continuation of the Smartfren Services.
  2. You agree to provide us with the approval and authority using this Terms of Use and any modification, addition or updates thereof, including notes, information and data related to You in any form that Smartfren obtained from You for Smartfren’s own needs and benefits, and related to the solicitation of product/service offers from other person that collaborates with Smartfren or related to the customer loyalty programme.
  3. You agree and have no objection to receive the offers information and/or the product/service/ marketing programme information related to the Smartfren Services and/or from other person that collaborates with Smartfren.
  4. Smartfren may at anytime hold a promotion activity (“Promo”) with different terms and conditions for each Promo activity. You are encouraged to carefully read each detailed terms and conditions for each Promo.
  5. This Terms of Use is subject to and interpreted under the laws of the Republic of Indonesia.
  6. If both parties are unable to resolve the dispute amicably, You and Smartfren agree to settle the dispute to the court and for this purpose, both parties hereby choose as their domicile, the Office of the Registrar of the District Court of Central Jakarta (Kantor Panitera Pengadilan Negeri Jakarta Pusat).
  7. In any part of this Terms of Use shall be found by any government, court, or administrative body of competent jurisdiction to be illegal, or unenforceable, or invalid, the the illegal, invalidity or un-enforceability of such part shall not affect the other provisions of this Terms of Use and the remaining provisions of this Terms of Use will remain valid and binding.
  8. Should You disagree or unable to accept the enforcement of this Terms of Use or the terms and conditions of each service on the Smartfren Platform, You may immediately stop using the Smartfren Platform.
  9. You are encouraged to always visit this page to understand the updates of this Terms of Use.

XIV. Contact

If you have any further inqueries, please contact Smartfren at: customercare@smartren.com or tool/feature available in the Smartfren Platfrom.

This English version is an unofficial translation of the original Indonesian version and is provided for your convenience. Any differences in interpretation or ambiguity between the English version and the Indonesian version, the Indonesian version will prevail. Should You have doubt to the accuracy of the information contained in the English translation, We advise You to refer to the text of Indonesian version which is the official version.

Last Update 14 Desember 2021