Terms of Use of MySmartfren Application

 

Terms of Use of Platform

By using/accessing the official website and/or application including its derivative websites and applications, features, social media, and other media provided by PT XLSMART Telecom Sejahtera Tbk (collectively referred to as the “Platform”), user (“You” or “Your”) has agreed to be bound by, subject to and implement all terms and conditions of use of the Platform including any changes, additions and/or modification made from time to time (“Terms of Use”) as follows:


I. Definition

  1. “XLSMART” means PT XLSMART Telecom Sejahtera Tbk.
  2. “smartfren” means is one of the trademarks owned by XLSMART, with prefix 0881-, 0882-, 0887-, 0888-, 0889-, and other smartfren prefixes that may be introduced in the future.
  3. “Service” means various services, activities and/or transactions that available from time to time in the Platform.
  4. “Material” means any material, content, names and logos of websites/application, and/or brand or trademarks of services, contents, products and features prepared by XLSMART or the Content Providers as provided in the Platform.
  5. “Third Party” means a party beyond You and XLSMART, including among others Content Provider, Payment Service Provider, as well as the parties who have collaboration with XLSMART to offer their products or service through the Platform and/or in order to improve the quality or ease in providing the Service.
  6. “Payment Service Provider” means any third party which has obtained the license from the competent authority to carry out the payment gateway services which You may select when completing the transactions through the Platform.
  7. “Content Provider” means any third party which provides the access towards, either free or paid content, which are XLSMART’s partners.
  8. “Customer Service” refers to (a) the 24-hour smartfren customer service/call center, accessible by dialing 888 from a smartfren number or 08811223344 from a non-smartfren number, or (b) emailing customercare@smartfren.com, or (c) through other features/tools available to Customers on the smartfren platform, or (d) visiting a smartfren gallery directly.
  9. “Privacy Policy” means the privacy policy established by XLSMART from time to time, as stated on the smartfren website and application (including its subsidiary websites and/or applications).

II. General Terms

  1. To be able to fully enjoy the Service and every benefit provided, You carry out the prior registration by filling up and completing the required data enquired by the Platform and must follow all activities which required by XLSMART, including among others to carry out the activation of the smartfren Number according to the provisions of applicable regulations and provisions stipulated by XLSMART.
  2. XLSMART reverses the rights to update, modify, delete 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 Platform. Furthermore, XLSMART is entitled to limit order/purchase transactions for Service that are indicated to be used for resale activities.

III. 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 are solely responsible for 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 on any ground and for any reason whether directly or indirectly when using the Services. In case You forgot the username or password/PIN of Your Account, You may use the ‘forgot password/PIN’ or contact Customer Service accessible through the Platform.
  2. Make sure You have logged-out/signed-out from Your Account at the end of each session and immediately contact Customer Service if there is indicative unauthorized use of password/PIN or Your Account.
  3. XLSMART never asks for username, password / PIN or SMS verification code or OTP code of Your Account for any reason. Therefore, XLSMART advise You not to provide any of such information and/or any important data to any person who claims acting on behalf of XLSMART or any other person of whom the safety cannot be guaranteed.
  4. Technology development may enable You to access the Platform and/or all or part of the 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. Our Platform provides multiple informative contents (“Content”) for You, among others but not limited to contents in the form of news article, photos, videos, and other type of contents, which are available through the integration/partnership with the Content Providers.
  2. XLSMART only display the source of contents which are presented and solely pay respect to the prevailing copyright.
  3. XLSMART does not copy the contents which are integrated with the Content Providers, however XLSMART as its own discretion has the right to review content displayed on the Platform and to disable access to 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 Service. XLSMART shall further carry out the investigation, notify the Content Provider and/or shut down such content from the Platform.

V. Lifestyle Commerce

  1. XLSMART may collaborate with Third Party to provide lifestyle commerce services, namely an e-marketplace platform services that offer attractive products to meet Your lifestyle, which can be purchased at affordable prices.
  2. You may read terms and conditions in more detail concerning the lifestyle commerce service on the lifestyle commerce page.
  3. XLSMART under no circumstances shall be liable for the content, implementation, and fulfillment of terms and conditions as referred to in Clause VI item 2 above; which is solely responsibility of the lifestyle commerce service provider. Terms and conditions of lifestyle commerce service may change from time to time as determined by the lifestyle commerce service provider. 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 provider without involving XLSMART.

VI. Financial Service

  1. In order to meet Your needs in banking or other financial service, You will receive offers on the Platform for 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 relevant site/website/link of Third Party for further transaction. Subject to the Privacy Policy, You hereby grant Your consent to XLSMART to provide data/information which are required by a Third Party for the purpose of processing the application for products and/or services.

VII. Implementation of Transactions and Payment Gateway Services

  1. You are solely responsible for any submitted information/data when carrying out the transaction through the Platform. You can examine the status of transactions which You carried out at the transaction history feature provided in the Platform.
  2. For certain transaction provided in the Platform, XLSMART accommodate the payment services which is provided by the Payment Service Provider which has collaboration with XLSMART.
  3. From time to time, XLSMART entitles to determine and modify the fees that will be charged to You for any transaction You carried out through the Platform.
  4. In accommodating the payment service, XLSMART does not store data concerning the payment tool/method used by You. 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 through the Platform shall be according to the terms stipulated by each Payment Service Provider.
  6. With respect to 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 Services, XLSMART may from time to time evaluate the payment mechanism to increase Your convenience in carrying out the transaction through the Platform.
  8. Transactions which have been confirmed by You CANNOT BE REVOKED FOR ANY REASON and the transaction shall remain being processed according to the information of data which is already input by You.
  9. With respect 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 XLSMART to charge the said credit card, an amount of fees for the purchase transaction that You made through the Platform.

VIII. Limitation on Use of Intellectual Property Rights

Every Material provided in the Platform are protected by the provision of law prevailing in Indonesia (including but not limited to Intellectual Property Rights). You are not permitted or prohibited from using, hacking, distributing, printing, reposting, uploading, displaying, and/or disseminating the Materials in any way, without prior consent from XLSMART. If You become aware of any Material within the Platform that are irrelevant or unsuitable for display, You may immediately contact Customer Service.


IX. Limitation of Liability

  1. You hereby release and discharge XLSMART including our director, commissioners, employees, shareholders, affiliates, and vendor/partner XLSMART against any demand and lawsuit or damage incurred by any person (including You) that is caused by, including but not limited to:
    (i) 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 Material provided in the Platform, including Your incapability or failure to access the Platform; or
    (ii) Your violation/negligence to fulfill one or more of the Terms of Use herein, or
    (iii)It has had occurred, or indicatively suspected of misuse/abuse of Your Account or the 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
    (iv) act of renewal/modification, suspension and/or termination one or more of services performed by XLSMART under this Terms of Use.
  2. All suggestions, ideas, images and/or schemes, or any other information that being communicated (“Suggestions”) from You through the Platform will become XLSMART’s exclusive ownership and therefore XLSMART 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 Y You solely responsible that every Suggestion which You brought up to XLSMART is original, not against the law, not a falsehood, not against the decency and or appropriateness, and not violating the intellectual property rights of any party.
  3. In conjuction to the status of the Suggestion, XLSMART is not obligated to treat Suggestion as information which requires protection and You are voluntarily release XLSMART from all liability 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 Platform has similarities either partially or wholly.
  4. You are obligated to safeguard and prevent Your smartfren Number from being misused by any party (including being counterfeited). You understand and agree that XLSMART that no responsibility of XLSMART to You and/or any other person for any event that occur beyond XLSMART’s fault or negligence or due to a force majeure.
  5. You Hereby acknowledge and agree that XLSMART has no responsibility to any content provided by the Content Provider into the Platform.
  6. The Platform in presenting such content may also provide access to website/links, product, services and advertisements accesses from the Third Party of which XLSMART has no control. XLSMART has no warranty in any form for the material derived from any other website through the Platform, including but not limited to, whether or not the material is free or not from any type of viruses which damage the device and/or harm You.

X. Disclaimer

  1. From time to time, in the event of any technical errors or printing errors in the Material on the Platform, XLSMART is entitled to modify, add, reduce, and/or correction (“Changes”) at any time, as necessary.
  2. The Material provided for You in this Platform has been modified according to the applicable law and regulations in Indonesia, presented “as-is” without warranty in any form, both explicitly or implicitly. XLSMART refrains to provide any warranty on appropriateness and / or appropriateness or fairness of the Material that provided for free of charge in this Platform. Furthermore, XLSMART has no warranty that (i) function of such Material provided in the Platform is free from the usage disruption and/or from functional errors; and (ii) defects on Material will be fixed; and (iii) the Platform and/or server that provides the Material is free from viruses that can jeopardize or damage Your device.
  3. XLSMART 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 Material provided to the extent that the correctness, accuracy, and/or credibility of the Material contained in the Platform. You are responsible for all costs associated with the service, repair and/or maintenance of the device You use to access the Platform.
  4. Since fraud and/or extortion as a criminal action may occur, XLSMART expressly declare that any liability for the unauthorized use of the name, reputation, trademark, and/or logo of smartfren and/or XLSMART, or the use of the Services by any party without prior written consent from XLSMART, resulting in any losses, whether moral or material, to any party (including You).

XI. Suspension or Termination

  1. Your Account will automatically be terminated if You are no longer registered as a customer or Your smartfren Number is terminated. In such case, all Your points and rewards shall be forfeited.
  2. XLSMART entitles to unilaterally suspend or terminate Your access to the Services, if there is (suspected to be) one or more of the following events occurs:
    a. You are proven/suspected violating a law/regulation or breach one or more of this Terms of Use; or
    b.You failed to fulfill any obligation set out in this Terms of Use; or
    c. a force majeure occurs for more than 3 (three) months consecutively; or
    d. there is an official request/order from any relevant government authority; or
    e. XLSMART detects or suspects that there is abuse/irregularity/suspicious indication on activity/transaction that was performed by Your Account; or
    f. XLSMART is no longer carrying out the business/operations of the Services with certain consideration(s); or
    g. any repair, modification, or maintenance on the Platform, Services and/or the XLSMART’s network; or
    h. any technical interference to the Platform, Services and/or the XLSMART’s network;or
    i. You have passed away, filed for bankrupt, bankruptcy, liquidated, put under the supervision of the curator or under the surveillance; or
    j. any provision that require the suspension or termination of the Services under prevailing law or the Government in Indonesia.
  3. In relation to the termination of this Terms of Use, You and XLSMART agree to waive the provisions of second and third paragraphs of Article 1266 of Indonesian Civil Code (KUHPerdata).

XII. Miscellaneous

  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 XLSMART’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 Services; (d) third party action that cause XLSMART unable to provide part or whole of the Services; (e) interference/disturbance/damage to the telecommunication server/network that is not caused by XLSMART’s negligence; (f) enactment of policy from the government authorities that affects the continuation of the Services.
  2. You agree to provide XLSMART 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 XLSMART obtained from You for XLSMART’s own needs and benefits, and related to the solicitation of product/service offers from other person that collaborates with XLSMART or related to the customer loyalty programme.
  3. You hereby agree and have no objection to receiving the promotional offers and/or information regarding the product/service/ marketing programs from XLSMART or from Third Party that collaborates with XLSMART.
  4. XLSMART 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 XLSMART agree to settle the dispute to the court and for this purpose, both parties hereby to submit to the jurisdiction of the District Court where XLSMART is domiciled.
  7. In the event that any provision of these Terms of Use is deemed by the government, court, or other competent authorities to be illegal, or unenforceable, or invalid, the illegal, invalidity or un-enforceability of such part shall not affect the other provisions that are not deemed illegal or invalid, and therefore shall remain valid, enforceable and binding.
  8. Should You disagree with any or part of or the entire of this Terms of Use or the terms and conditions of each service on the Platform, You are permitted to not use or cease using the Platform.
  9. XLSMART has the right to update these Terms of Use from time to time and any such changes will be effective from the time these Terms of Use are displayed on this page and will be binding on you or any party accessing the Platform. You are encouraged to always visit this page to understand the updates of this Terms of Use.

XIII. Contact

If you have any further inquiries, please contact XLSMART at: customercare@smartren.com or tool/feature available in the Platform.

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 16 April 2025