Terms and conditions of subscribing to prepaid mobile cellular telecommunications service of PT. Hutchison 3 Indonesia.
The following is the subscription agreement for H3I prepaid mobile cellular telecommunications service between Subscriber and PT. Hutchison 3 Indonesia (“H3I”) containing general terms and conditions that have to be abided by the User.
Unless it says otherwise, the phrases used are defined as followed:
1. "H3I" is the company that according to existing law manages mobile cellular telecommunications network and services.
2. "Subscriber" is individual or legal entity that subscribes to H3I, and uses H3I prepaid telecommunications service.
3. "Subscriber Terms and Condition” is the terms and conditions, as well as other requirements from H3I to the Subscriber related to the utilization of H3I telecommunication service.
4. "Cost" is each and the entire expenses related to the utilization of H3I network and/or telecommunication service, that is charged by H3I and is set by existing regulations to be charged to H3I Subscriber.
5. "Customer Service" is the team of H3I customer service that assists Subscriber whenever they have questions by calling 123 or 0896-4-4000-123 or visiting H3I customer service outlet.
6. "PIN" is the personal identification number used by Subscriber to access H3I telecommunication service.
7. "Content" is the data, picture, video/audio graphic illustration, application, and other information or multimedia obtained or accessed by using H3I telecommunications service.
8. "Prepaid SIM Card " is H3I’s subscriber identity module (SIM) obtained by Subscriber to be used at cell phone or any other suitable gadgets that enables Subscriber to access H3I telecommunications service.
9. “Subscription Package” is prepaid communication service packaged used by Subscriber. Each package has its own type of service and price that is informed by H3I to Subscriber through H3I communication media, including but not limited to its website and other media.
10. "Force Majeure " is the situation beyond H3I’s control, including but not limited to acts of God, epidemic, fire, earthquake, storm, flood or other disasters, threat of war, chaos or other state of riots, industrial dispute, electricity blackout, telephone line damage, acts of other parties that affect or the situation where H3I cannot provide proper service to Subscriber or the prohibition imposed by the government.
B. General Terms
1. These Terms and Conditions apply effectively once the entire requirements to subscribe to H3I prepaid mobile cellular telecommunication service are met by Subscriber and approved by H3I, by activating Prepaid SIM Card and handing it to Subscriber.
2. Subscriber ensures and declares the correctness of the data and other supporting documents provided related to the request to use H3I telecommunication service and Subscriber must immediately inform H3I in a written statement regarding every change of the data and/or document. Subscriber agrees that H3I can use his data to process every request and send information about H3I telecommunication products to Subscriber, including promotional materials or special offer from Content providers.
3. These Terms and Conditions apply to Subscriber that has activated H3I prepaid communication services.
4. By abiding by the Terms and Conditions, after Subscriber is connected to H3I network, Subscriber will be able to access H3I telecommunication service along H3I telecommunication network according to the Subscription Package and, if available, the access to other networks, based on certain tariff. The telecommunication service also includes other services requested by Subscriber and agreed by H3I and suit the Subscription Package. Every usage of H3I network and/or telecommunication service based on the Terms and Conditions of Subscriber will be recorded by H3I.
5. There is no guarantee that H3I telecommunication services will be freed from error and disruption. There are certain situations or places where H3I telecommunication service is not available at all times or properly.
6. Subscriber can only use H3I telecommunication service personally and is not allowed to resell or shift or commercially replicate H3I telecommunication service, including the Content. All rights reserved by H3I telecommunication service, including the Content owned by H3I or related sources, such as Content Provider. H3I COMPANY group owns trademarks and pictures, logos and other names related to H3I telecommunication service.
7. Subscriber cannot use, or enable other parties to use H3I telecommunication service for illegal or unlawful purposes.
8. Subscriber must abide by the rules and regulations in the Republic of Indonesia and other jurisdictions relevant to the use of H3I network and or telecommunication service, and other guides set specifically by H3I in the
utilization of H3I telecommunication service.
9. Subscriber is prohibited from misusing H3I telecommunication service, including the Subscription Package, including abusive behaviors against it, and from using H3I telecommunication services for unlawful purposes.
10. If Subscriber does not abide by or does not meet his obligations stipulated by the Terms and Conditions, Subscriber agrees that in line with the existing rules and regulations, H3I has the right to restrict, block or terminate the access to H3I telecommunication services, and Subscriber agrees to free H3I from all responsibilities, including possible lawsuit from third party, and agrees to cover all charges and losses suffered by H3I as the results of the violation.
C. Restriction or Termination of Subscriber’s Access to H3I Network and Telecommunication Service
H3I, based on its own policy, can restrict or terminate Subscriber’s access to H3I network and telecommunication service temporarily without prior notification
1. Subscriber does not meet Subscription Terms and Conditions;
2. H3I believes that the SIM card handed to Subscriber is lost or stolen;
3. H3I receives complaint from Subscriber or from other party against Subscriber that can be proven by H3I;
4. H3I is asked/obliged by certain emergency service or authority (including the central government/local government/military);
5. There is a need to maintain standards of H3I network and telecommunication service or integrity; Based on the general opinion from H3I, Subscriber has used or took advantage of H3I telecommunication service or related equipment in illegal or unlawful, reckless or irregular manners.
6. H3I is entitled to end Subscriber Terms and Conditions.
D. Restriction and Force Majeure
1. H3I will not be responsible to Subscriber or any third party for every loss or damage caused by Subscriber or anything that is not directly caused by H3I’s mistakes and/or caused by Force Majeure.
2. Subscriber may use H3I telecommunication service to (i) access the Content that is not prepared or controlled by H3I, and/or (ii) upload or transmit the Content, but Subscriber will take full responsibility for them and H3I is freed from any related responsibility.
3. H3I is not responsible for every legal charge related to the use of Subscriber’s SIM Card or the service or the use of cell phone or other gadgets related to the service, and for every physical injury, health risk or other damage resulted that affect Subscriber or other parties.
E. Other Requirements
1. If any provision and/or requirement in the Terms and Conditions becomes unjustified or invalid, it will not affect other requirements.
2. This agreement abides by the laws in the Republic of Indonesia.
3. Amendments to the Terms and Conditions or to the tariff and type of services in the Subscription Package can be done at any time by H3I by properly informing the Customers through H3I’s official website, which shall constitute as an inseparable part of this Terms and Conditions.
4. In the case of dispute in interpreting and/or implementing the Terms and Conditions, Subscriber and H3I agree to settle it amicably outside court. If it fails, Subscriber and H3I agree to choose permanent legal domicile at South Jakarta District Court.
For more information, Subscriber can contact H3I Customer Service.