Terms and Conditions
The Experience Program (hereinafter referred to as "Feature") is a Feature within MyTelkomsel App Application which aims to measure the quality of cellular data services. This feature will collect samples of the network quality while you are using your device.
Several network data and samples of user location collected during the use of the mobile device shall be transmitted to Telkomsel and operated so as to measure the service quality of Telkomsel network.
This Terms and Conditions is a provision in the use of the features and apply as an agreement between you as a Feature user and Telkomsel as a Feature provider. You are encouraged to read and understand the Terms and Conditions carefully. By approving this Terms and Conditions, you agree to abide and be bound to the provisions of which are listed in it. This Terms and Conditions will apply without requiring a software license that may have run in your phone.
Termination of Feature
Telkomsel has the right to stop and/or limit the use of this Feature with and/or without any prior notice to you, if:
- You violate the provisions which are listed in this Terms and Conditions;
- You use this Feature without authorization and in violation of the provisions of the law;
- You and/or other parties that are based on Telkomsel's consideration may cause loss and/or damage to Telkomsel and/or Telkomsel's features and/or networks;
- The existence of damage is technically on the features and/or networks of Telkomsel;
- There are improvements, changes or maintenance to Telkomsel's features and/or networks;
- There are abuse to commit a violation of the provisions of law applicable in the territory of the Republic of Indonesia that are carried out by you and/or third party;
- There is a request from the authorities based on legal provisions in force in the territory of the Republic of Indonesia;
- Your data privacy of you is strictly confidential, therefore Telkomsel is committed to protect the data confidentiality. This feature only collects network quality sample data without storing any personal data. Telkomsel can use the network quality data collected by this Feature to improve network quality of service. Telkomsel shall not transmit User’s collected data to third parties and to make best efforts to save its right to sue any person attempting to access personal data.
- Telkomsel shall save its right to sue any person attempting to access personal data.
- Telkomsel has no specific obligation to provide the data attached to a User’s specific account, even upon request from the User, except to the competent authorities under prevailing laws.
Personal Data Protection
Telkomsel declares, which the User accepts expressly, that the data collected by this Feature are processed so as to constitute files to be operated by Telkomsel to improve the quality of network data services. Among the collected data may be the elements listed above, including, but not limited to the IMEI number, GPS positioning data, the CILAC number, the MSISDN number, and signal strength.
All data obtained through this feature will be transferred, stored and processed by Telkomsel within Indonesia territory.
Content Availability and Security
The Company shall save the right to modify without prior notice the content options (including, but not limited to, the access to specific features).
Telkomsel has the right to monitor, refuse or remove content any which are the feature.
Guarantees Exclusions and Responsibility Limitation
Telkomsel shall not be held responsible for any losses due to the failure of the User using/accessing this Feature, partially or wholly due to reasons within or beyond Telkomsel capacity, including but not limited to the whole information, materials, features, and everything else contained in the Feature.
Telkomsel shall not be held responsible for any losses that incurs due to the violation or illegal access to this feature, including but not limited to things that are contained in this feature that is made by you and/or a third party in contrary to this Terms and Conditions and the Provisions of Law are applicable in the territory of the Republic of Indonesia.
Telkomsel does not guarantee that:
- The use of the Feature by the User will be uninterrupted and error free. The User accepts expressly that the Company may occasionally hold the access to the Service during periods of time not agreed upon before or terminate the Service for technical or operational reasons among which servicing, test, repair or any other reason related to the improvement and the operation of the Service; as far as possible, the User will be given prior notice.
- The Feature shall be away from loss, damages, attacks, viruses, interferences, hacking or any other security damages, which shall all constitute Force Majeure events and the Company shall under no circumstances be held responsible for any harmful consequences stemming from them. The User is responsible for its own system backup, including, but not limited to any files stored in its system.
- The results obtained from using the Feature will always be accurate.
Telkomsel shall make its best efforts so as to protect the information provided by the User in relation with the Feature, including against fraudulent use.
In case the User breaches this Agreement, it shall be held responsible towards Telkomsel, its management, executives, employees, affiliated members, agents, contractors or licensors under any claim resulting from its breach. It shall also be held responsible for any claim of Telkomsel regarding a presumed breach of this Agreement or stemming from the discovery or the conclusion that such a breach of this Agreement has been performed.
The User acknowledges that:
- The Feature and its content are provided “as is”.
- The Feature and its content are used under the sole and only responsibility of the User and at its own risk, and that the measurement result collected by this feature shall not be stored on your device’s storage.
- Telkomsel shall under no circumstances be held responsible in case the Feature is not used pursuant to this Agreement. Telkomsel shall under no circumstances be held responsible for direct and indirect damages, profits or data losses, stemming from the use or unuse of the Feature, from negligence of from any reason attached to the Service.
- No communication between the Company and the User, either oral or written, shall lead to any guarantee not agreed upon in this Agreement.
- The Company shall under no circumstances be held responsible for the User's mistakes or omissions.
- The Company shall under no circumstances be bound to repay the User any amount whatsoever in case of a Feature failure.
In case the User and/or third party perform all acts or things that are prohibited as stated in this Terms and Conditions, all the consequences as a result of the law which arise shall entirely become the User’s and/or the third party’s sole responsibility.
By this, the User acknowledges to aware of and agree to free Telkomsel, the Board of Directors, officers, employees, suppliers, license provider, agent, or affiliated member from any losses, damages, claims, costs, expenses, demands and actions that arise due to the use of the Feature, access to Feature, violation of this Terms and Conditions, or violation of the law. Which means that you are not able to sue or obtain any loss compensation from Telkomsel.
Force Majeure is an extraordinary situations that occur outside of Telkomsel's control, such as but not limited to:
- Natural disasters such as earthquakes, storms, accidents, floods, wars, riots;
- Actions/deeds/circumstances of other parties so that this Feature cannot function as it should;
- Technical problems/other reasons beyond Telkomsel's control;
- In the event of a force majeure, Telkomsel is freed from its responsibility.
Modification of Terms and Conditions
Telkomsel shall save its right to change this Agreement at any moment and to offer new or additional conditions concerning the use of the Feature. The User are advised to access this page periodically to understand the changes (if any).
The use of the Feature after the information of the Terms and Conditions modification are received by the User, is considered as the User’s acceptance to the new Terms and Conditions.
Any modifications to this Terms and Conditions shall become effective immediately after being transmitted to the User and the modifications are binding and apply to all user.
These Terms and Conditions are fully subject to and interpreted based on the provisions of the law in force in the territory of the Republic of Indonesia.
You are subject to the provision of additional that apply in the case of using the feature, content or device software related that are provided by third party which cooperated with Telkomsel to run this Feature.
In terms of the case of disputes or the provisions that are not to be applied, you and Telkomsel agreed that the provision is interpreted and enforced in accordance with the laws of the Republic of Indonesia. If there is an invalidity or application of the provisions in this Terms and Conditions, the provision are considered still valid and do not influence the validity or enforceability of your consent to this Terms and Conditions.