I. INTRODUCTION
1. Welcome to the Smartfren Careers website (the “Site”). Please read the following Terms of Service carefully before using this Site so that you are aware of your legal rights and obligations with respect to Smartfren (individually and collectively, ” Smartfren”, “we”, “us” or “our”).
2. The “Services” we provide or make available include (a) the Site, (b) any applicable services provided on the Site and (c) any applicable information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service.
3. By accessing and/or visiting the Site, you signify your irrevocable acceptance of these Terms of Service. If you do not agree to these terms, please do not visit or access the Site.
4. Smartfren has the right to revise these Terms of Service at any time without providing notice to you. Your continued use and/or access of the Services or this Site, shall be deemed irrevocable acceptance of those revisions.
5. Smartfren reserves the right to change, modify, suspend or discontinue any portion of this Site or the Services at any time. Smartfren may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Smartfren may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
6. Smartfren reserves the right to refuse to provide you access to the Site or Services for any reason.
II. PRIVACY
Your privacy is very important to us at Smartfren. To better protect your rights we have provided the Smartfren Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Smartfren collects and uses the information associated with your access to the Site and/or your use of the Services. By using the Services, accessing the Site or agreeing to these Terms of Service, you consent to Smartfren’s collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.
III. LIMITED LICENSE
1. Smartfren grants you a non-exclusive, non-transferable, limited right and license to access and use the Services and/or Site subject to the terms and conditions of these Terms of Service for personal use only. This license does not allow you to make any commercial use or any derivative use of the Site and/or Services (including without limitation any of its individual elements or Content).
2. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Smartfren and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any such proprietary Content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3. You acknowledge that Smartfren may, in its sole discretion and at any time, discontinue providing any part of the Services without notice.
IV. SECURITY
1. Smartfren has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. The terms of service for such products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
2. You agree that Smartfren may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your access to the Site and grounds for such termination may include, but are not limited to, , (a) violation of the letter or spirit of these Terms of Service, (b) fraudulent, harassing, defamatory, threatening or abusive behaviour or (c) behaviour that is harmful to other users, third parties, or the business interests of Smartfren. Usage of the Site for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against Smartfren, or which in any way involves Smartfren, then Smartfren may terminate your access.
3. You may only use the Services and/or access the Site if your applicable jurisdiction allows you to accept these Terms of Service.
V. DISCLAIMER
1. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SMARTFREN OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, SMARTFREN DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VI. EXCLUSIONS AND LIMITATION OF LIABILITY
1. In no event shall Smartfren be liable whether in contract, warranty, tort (including without limitation negligence (whether active, passive or imputed), product liability or strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for loss of use, profits, revenues, goodwill or anticipated savings or for any indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer, mobile phone or mobile device failure) arising out of or in connection with the use or inability to use this Site or the Services, including, without limitation, any damages resulting therefrom, even if Smartfren has been advised of the possibility of such damages.
2. Your only right with respect to any problems or dissatisfaction with the Services is to discontinue any use of the Services.
VII. LINKS TO THIRD PARTY SITES
1. The links provided throughout the Site, where applicable will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Smartfren in any manner whatsoever and you therefore access them at your own risk. Smartfren is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Smartfren is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Smartfren of any linked site and/or any of its content therein.
VIII. TERM OF USE
1. You agree not to, where applicable:
(a)upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b)use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(c)forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d)remove any proprietary notices from the Site;
(e)cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Smartfren;
(f)use the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
(g)use the Services for fraudulent purposes;
(h)attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Smartfren with respect to the Services and/or data transmitted, processed or stored by Smartfren;
(i)harvest or collect any information about or regarding other users of the Site, including without limitation any personal data or information;
(j)upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unauthorised form of solicitation;
(k)upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(l)interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other user’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(m)take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(n)use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(o)use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
2. You understand that all Content, is the sole responsibility of the person from whom such Content originated. This means that you, and not Smartfren, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Under no circumstances will Smartfren be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, where applicable, any Content posted, emailed, transmitted or otherwise made available on the Site.
3. You acknowledge, consent and agree that Smartfren may access, preserve and disclose your personal information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Smartfren or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Smartfren, its users and/or the public.
IX. INDEMNITY
1. You agree to indemnify, defend and hold harmless Smartfren, and its shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Site and/or Services by or on behalf of Smartfren, (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, or (c) your use or misuse of the Site and/or Services, or (d) your breach of any law or the rights of a third party.
X. SEVERABILITY
1. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
XI. GENERAL PROVISIONS
1. Smartfren reserves all rights not expressly granted herein.
2. Smartfren may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
3. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Smartfren, nor does it authorise you to incur any costs or liabilities on Smartfren’s behalf.
5. The failure of Smartfren at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
6. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Smartfren’s affiliates and subsidiaries (and each of Smartfren’s and its affiliates’ and subsidiaries’ respective successors and assigns).
7. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
8. You agree to comply with all applicable laws, statutes, regulations and codes relating to your access and/or use of the Site and/or Services.
