These Terms & Conditions form the agreement between the company, the Hotel and the user for the Services.
By becoming a user of the Services, the User agrees to these Terms and Conditions, which the Company may change from time to time.
If the User continues to use the Services, the User is deemed to have agreed to any changes to these Terms and Conditions.
In these Terms and Conditions:
"Agreement" means these Terms and Conditions of Use of IZY Device, the Registration Form, any Value Added Service (VAS)
terms and conditions and any other supplemental or similar agreement entered into by the Hotel,
the User and the Company relating to the provision of the Services.
"Applicable Law" in relation to any person, action or thing means:
any law, rule or regulation of Indonesia or any country applicable to the Hotel or the Company;
any obligation under any license held by the Company in Indonesia or any country;
any lawful determination, decision, direction, guideline, statement or code of practice in Indonesia or any country applicable to the Hotel or the Company;
any applicable international convention or agreement.
"Calendar Day" means a day reckoned from midnight to midnight of the following day.
"Company" means PT. Gahar Inovasi Abadi (Indonesia).
"Contract Period" for a Service means the minimum fixed term for a Service set out or referred to in the Registration Form for the Service, and in any event, such period shall not be longer than the agreed room rental period that the User has with the Hotel.
"IZY Device" means a mobile phone or any other mobile device (including the SIM card and any accessories i.e. one charging cable, one protective cover, and one docking station) as specified in the Registration Form and rented from or provided by the Company or any dealer or distributor authorized by the Company.
"Hotel" means the hotel which the User is currently occupying a room at where the IZY Device is made available for use.
"Messages" means email, image or data transmission, other messages or communications, in whatever medium or context.
"Network" means the telecommunication network(s) provided or procured by the Company and/or its network provider(s).
"Personal Data" has the meaning set out in the Personal Data Protection Act 2012.
"Registration Form" means the registration form (if any) overleaf, attached or above, or any other paper or electronic application mechanism.
"Service Charges" means all charges relating to the provision of the IZY Device and / or Services by the Company and the Hotel to the User including the use of the IZY Device, voice airtime, data usage, roaming, content, and any other charge or fee (including amounts billed by the Company for and behalf of a third party) as may be specified by the Company and the Hotel on the Registration Form and from time to time on the Company’s website or via any other communications on the daily basis.
"SIM Card" means a subscriber identity module card.
"VAS" or "Value Added Service" means a value added service as offered by the Company and the Hotel from time to time on such additional terms and conditions as may be specified by the Company and the Hotel.
"User" means the name of the user occupying a room in the Hotel during the Contract Period and named in the Registration Form for the Service or a person identified by the Hotel who is eligible to use the IZY Device within the Contract Period.
2. Application for Services
By accepting this Agreement the User is applying for the Services.
3. Provision of Services
3.1. The Company and the Hotel agree to provide Services to the User and the User agrees to subscribe to the Services in accordance with the terms and conditions herein contained during the Contract Period and the Company and the Hotel will:
deliver the IZY Device to the User in the room;
provide instructions on the use of the IZY Device;
allocate a mobile telephone number to the User for the Services;
grant the User the right to use a SIM card on charge basis during the Contract Period. The usage of the SIM Card will at times remain vested in the Company;
upon successful application made by the User, provide such available VAS to the User from time to time. The User shall abide by such additional terms and conditions in relation to VAS promulgated by the Company and the Hotel from time to time.
3.2. The Company and the Hotel may from time to time offer and make available to the User additional and/or alternative service(s) than those hereby provided and apply any additional fees or charges to the provision of such additional and/or alternative service(s) as they deem fit. The Company and the Hotel reserve the right to make the final decision on activating, suspending, and canceling such additional and/or alternative service(s).
4. Use of IZY Device
4.1. The IZY Device, including the handset, the SIM Card and all accessories (one charging cable, one protective cover, and one docking station) will at all times remain the property of the Company and the Hotel. The User is allowed to take the IZY Device outside the hotel room but shall be responsible for returning the IZY Device in good working order at the time of check-out from the Hotel upon expiration of the Contract Period, termination of the Agreement or upon the Hotel’s request.
4.2. The User will use the IZY Device in a careful and proper manner and in no other manner.
4.3. The User is fully responsible for all transmissions and services made by, through or from using the IZY Device.
4.4. The User agrees to the following terms:
the IZY Device is for personal use only and not for commercial, unlawful, prohibited or other purposes;
the use of the IZY Device is provided on a complimentary, "as is" and "as available" basis;
the User will not affect any repairs or modifications to the IZY Device;
the User will not remove or interfere with any certification markers affixed to the IZY Device;
the User will not modify, adapt, dissemble, deface, add to or otherwise tamper by the IZY Device;
the User will not sublet or allow the use of the IZY Device or to grant any interest in the IZY Device to any third party.
4.5. The User shall surrender the IZY Device to Hotel upon checkout from the Hotel. In the event that the IZY Device is damaged or lost for whatsoever reason or if the User fails to surrender the IZY Device upon checkout from the Hotel on demand within 3 (three) Calendar Days of such demand, the User shall keep the Hotel fully indemnified against all costs, damages, charges, expenses or claims in connection with the loss or damage of the IZY Device.
4.6. In the event of any loss, damage, theft or disappearance of the IZY Device while on rental, regardless of circumstances, the User shall pay to the Hotel on demand, an amount equivalent to the value of the IZY Device in accordance with a device replacement and repair price list provided by the Hotel. In the event that the IZY Device is stolen or lost, the User is liable for all Service Charges arising from the use of such IZY Device before and after such incident. The method of payment will be based on the full discretion of the Hotel.
5.1. If the IZY Device is not in working order received by the User or subsequently malfunctions, the User should immediately notify either the Company or the Hotel.
5.2. The Company will repair or replace the IZY Device as soon as reasonably practicable after it has been notified of the problem by the User and, provided the User is not in breach of the Agreement, the Company and the Hotel will provide the User with the same or similar equipment (which shall constitute a IZY Device for purposes of this Agreement) as soon as reasonably practicable for a period equivalent to the part of the rental period un-expired when the malfunction occurred.
6.1. The Company and the Hotel may make VAS available to the User, provided the User:
satisfies the eligibility requirement for the VAS (if any) specified by the Company and the Hotel from time to time; and
follows the instructions given by the Company and the Hotel.
6.2. The rules, terms and conditions and eligibility requirements may vary according to the particular VAS and will be available from the Company or the Hotel from time to time.
7. Usage Entitlement
7.1. There will be no daily service charge for using the IZY Device. The User will only entitled to use the Service in parallel with the agreed guest stay period from the Hotel.
8.1. Without prejudice to other provisions contained in the Agreement, the Company or the Hotel may terminate the Agreement or disconnect or restrict the Services (by, for example, switching off hotspot and/or reducing transmission speeds) or any part thereof at any time without notice upon the occurrence of any of the following events if:
the User commits a breach of any of the terms and conditions contained herein;
the Company or the Hotel has reasons to believe that the User or any authorized or un-authorized users has used the IZY Device for illegal or improper purpose;
the User tampers with or copies or allows any other persons to tamper with or copy the information written in the SIM card; or
Unusual usage or possible fraudulent activities are detected on the Network within the meaning of the Company’s fair usage policy.
8.2. The Company shall have the right to re-assign the mobile telephone number allocated under clause 3.1(c) to another User after the termination of the Agreement.
9.1. The Company and the Hotel is responsible to ensure that the IZY Device will be in working order for the User but cannot be responsible for internet connection of the IZY Device or the operation of the Networks to which it is connected, it being acknowledged by the User that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and not be held liable for any claim in connection with product liability, which is due to the default, neglect or omission of the manufacturer. Product liability shall rest with the manufacturer solely in any event.
9.2. The Company and the Hotel MAKE NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR LIMITED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, and CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE IZY DEVICE OR THE SERVICES FURNISHED UNDER THIS AGREEMENT.
9.3. Subject to Section 5 the User shall be solely responsible for and shall indemnify and hold harmless the Company and the Hotel against all claims, demands and liabilities arising as a result of the lease, possession, use, condition, operation or misuse of the IZY Device or the Service provided herein.
9.4. Upon check-out from the Hotel all files, apps and other informations that are stored on the IZY Device will be completely wiped to protect the User’s privacy. The Company and the Hotel WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE USER MAKE ANY CLAIM AGAINST THE COMPANY AND/OR THE HOTEL FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING CORRUPTED OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE IZY DEVICE.
9.5. The Company and the Hotel WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE USER MAKE ANY CLAIM AGAINST THE COMPANY AND/OR THE HOTEL FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE IZY DEVICE OR THE FAILURE OF THE IZY DEVICE TO OPERATE CORRECTLY OR AT ALL OR DELAY OR FAULTINESS (SUCH AS DEGRADATIONS OR FAILURE OF THE SERVICE)
9.6. In accordance with the Company’s fair usage policy, the Company or the Hotel reserves the right to deactivate the IZY Device or disconnect or restrict the Services (by, for example, switching off hotspot and/or reducing transmission speeds) at any time and without notice to the User, in the event that unusual usage or possible fraudulent activities are detected on the Network, and the Company and the Hotel shall have no liability whatsoever to the User for such deactivation, disconnection or restriction.
10.1. The Agreement constitutes the entire understanding between the parties relating to this subject matter. Any representations and promises oral or written are hereby withdrawn and revoked.
10.2. The Agreement shall be construed in accordance with the laws of Indonesia.
10.3. The Company may assign the Agreement to any other party as deemed necessary. The User shall not assign the rights of use of the Agreement to any other party without the consent of the Company.
10.4. The headings in this Agreement are of convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
10.5. No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
10.6. The Company and the Hotel are not liable for any breach or lack of privacy which may be experienced with regard to the Services.
10.7. If any clause or part of any clause is held by court to be invalid or unenforceable, that clause or part of a clause is to be regarded as having been deleted from this Agreement and this Agreement otherwise remains in full force and effect.
10.8. In case of any disputes, the decision of the Company shall be final. Should there be any discrepancies between the Chinese and English version of this Agreement, the English version shall prevail.