Terms of Service

GENERAL, LEGAL BASIS

1. We’re a company duly registered and existing under the law of Indonesia, with business in telecommunication sector, specifically, in providing Data Plan and eSIMs to our customers. We might provide such services to our customers in, but not limited to our Website or Mobile Application and the usage of our service, in whatever media and through whatever means, are subject to this Terms of Service, therefore you’re obliged to read this Terms of Service in order to understand and know your rights and obligations.
2. Unless otherwise stated, all the reference to time and date in this agreement is in calendar days.
3. Except if otherwise stated, This Terms of Service does not apply to any third-party. You are the person with whom we have a contract. We have no responsibilities to anyone else.
4. Kurosim may modify these Terms of Services from time to time and notify you of the changes. You can review the most current version of the Terms of Services at any time by reviewing the site. You are not automatically subjected to any changes in these Terms of Services and may terminate your use of the Service if you do not agree with any modification or amendment. However If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms of Services and you also acknowledge that any attempts by you to modify these Terms of Services will be void.
5. This Terms of Service will be in effect the first time you access, register, or use the service, whichever is the earliest. This Terms of Service will be changed from time to time, however the relevant changes will only be effective 14 (fourteen) calendar days since the Terms of Service are being notified to you.
6. We are unable to identify our end-users, therefore By Accessing our website, registering eSIMs and using the eSIMs, you admit that you are:
   • Lawfully able to enter into contract or agreement based in Indonesia and other relevant jurisdiction(s)
   • Authorized to enter into agreements on behalf of the third parties you’re representing (where applicable)
   • You will ensure that all of your provided information is accurate and up to date.
   • You authorize us to provide necessary data to and appoint our affiliates, subprocessors, and any third party service providers in order to be able to serve you.
7. In the execution of this Terms of Service, you will be required to comply and agreed with additional terms which is details on how we handle and process your data (hereby referred to as Privacy Policy). Privacy Policy is important and mandatory in order to ensure our service to you is being done as effectively and efficiently for your satisfaction.
8. “Kurosim”, “we”, “our” or other similar wording in these Terms of Service refers to PT. Inovasi Jelajah Dunia, or asset of PT. Inovasi Jelajah Dunia, where we are a Company which conducts selling of Global eSIMs.
9. “You” specifically refers to Visitor, Guest, and Kurosim’s End User.

INTELLECTUAL PROPERTY

1. We provide you a non-transferable, non-exclusive license to use the App in consideration for your agreement to abide by these Terms of Services, our Privacy Policy and the applicable app-store terms (included into these Terms of Services by reference), as changed from time to time. All other rights are reserved by us. We, which may Include our affiliates or third parties may own part of elements in Kurosim’s site, application, service, as well as all Intellectual Property vested therein, including but not limited to copyrights, patents, database rights, trademarks, and service marks, trade secret, moral rights. You agreed that all material, product, service, and intellectual property provided both in this website and our application, in any form and in any relevant platform (including but not limited to Google Play Store, Apple App Store), is the sole property of Kurosim. You agreed not to reproduce or redistribute our intellectual property right in any way to any third parties.
2. This website, application, and service is made in order to simplify global connectivity with eSIM for all of our customers when they are traveling or working aboard, therefore except otherwise mutually accepted with Kurosim, proven by written proof, License in point 1 of Intellectual Property Clause above is given without the right to sublicense, transfer, and assign to any other third party. You agree that you shall not act as subcontractor, transfer or share your account authentication credentials to any third party without Kurosim’s written consent.
3. In the event that you’re registering any part of our Intellectual Property as defined in this Terms of Service, or if our Intellectual Property Right is acquired by operation of law, or otherwise, to you, in and based of law in any relevant jurisdiction, You / Acquiring Party hereby assigns and agreed to assign all such rights, titles, and interest in and to such intellectual property back to Kurosim.
4. In the event that You / Acquiring Party do not reassign such right or refuse such request from Kurosim, after reasonable written notice from Kurosim, Kurosim reserve the right to take any appropriate legal action, including but not limited to disabling You / Your Customer’s Account and to pursue any appropriate legal remedies. This also applies if You / Your Customer violates these Terms of Service.
5. In a case where you’re aware of or being made aware of any misuse of Kurosim’s Intellectual Property or any violation of Terms of Service or Privacy Policy, We would greatly appreciate your notification to us regarding such misuse or violation.

COLLECTION INFORMATION

1. Customer Identification. We will be able to provide you with our services as long as you’re a registered user of Kurosim. In order to be registered, you are required to provide us with your information, including but not limited to your Email Address and Log-in credentials, payment information, and billing source (“Registration Data”). Kindly note that even though you’re required to fill in your credentials on our website, none of us (Kurosim) have access to your password, and we will never ask for your password under any circumstances, therefore you are required to keep the integrity of your Log-in credentials.
2. Government Disclosures. We are committed to protect your privacy as our priority, however, at times, we may be obliged by law to share information about you, your use of the Service to any government or other competent authorities. You acknowledge and consent to us doing such disclosure. We would not share your information other than the reason as explained in this Terms of Service
3. Personal Data. Kurosim complies and operates under Indonesian Law therefore the rules of Personal Data Protection in Indonesia will govern this Terms of Service, disclosure of personal data is restricted and can only be disclosed in order to satisfy legal due process and based on your consent and for personalisation of our service for your convenience.
4. Ownership of Feedback. We really appreciate your feedbacks to make Kurosim a better company to serve you, however, in order to make our service better and ultimately to serve you better, we would like your consent to automatically grant Kurosim a universal, royalty-free, perpetual, transferable license to any rights you may have regarding all the provided feedback. By agreeing to this Terms of Service, you agreed to also provide us with such feedback.

TERMS REGULATING USAGE OF KUROSIM APP(S)

1. Payment schemes based on this Terms of Service is based on a Pre-paid plan. to the extent permitted by law, All the price scheme in Kurosim Website or Apps may be changed at any time in our sole discretion, however in changing these price scheme, we will try to change the pricing as reasonably as possible, however you understand and agreed that due to factor outside of our control, in some situations, it may not possible to guarantee a reasonable pricing changes.
2. You understand and agree that except as clearly stated in these Terms of Services or permitted by Kurosim, you shall:
   1. Not duplicate Kurosim App, sites, or services (except if doing so is necessary for backup or operational security purposes); and
   2. Not rent, lease, sublicense, loan, edit, translate, merge, adapt, change or modify the App in any way.
3. Kurosim does not and shall not have any proprietary rights to any data processed by You or Your Customer.
4. Kurosim will also conduct it’s services in the highest standard possible as part of our daily operations, however due to the involvement of third parties, it might be challenging and sometimes unavoidable to not have sufficient speed or coverage in certain area or based on your needs, whether on 3G, 4G LTE, or 5G.
5. In relation to your use of the App, You are not permitted to upload, generate, or use any word, comments, picture, voices, or any other contents that have offend any of ethnicity, religion race, and any group, accessing pornography, threats, or other things that is in contradiction of customs in Indonesia.
6. Any loss of eSIMs, either caused by loss of handheld or other reasons, has to be reported to Kurosim. In this case, we’re able to issue a change of eSIMs credentials to a new phone as requested.
7. We may manage an affiliate program (s). If you’re part of the affiliate program of Kurosim, you may be eligible to gain a reward (“Kuro Points”). Kuro Points in Kurosim is a point rewarded that can be used to provide discounts for any future purchase by you. Kuro Point does not represent nor does it substitute Indonesian Rupiah or any other formal currency in any relevant Jurisdiction or countries.
8. You agreed that these Terms of Services shall be entered into digitally, and you will not challenge Kurosim regarding the validity of this Terms of Service on the basis of legality of electronic consent. In the course of our operation, we may provide you these informations digitally:
   1. These Terms of Services and any amendments, modifications or supplements to it;
   2. Your purchase and records through the Service;
   3. Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
   4. Any customer service communications.
   5. Any other communication related to the Service or Kurosim.
9. You must promptly update us with any change in your email address and phone number (where necessary) by updating your profile at www.kurosim.com

YOUR OBLIGATIONS RELATING TO THE SERVICES

1. You agreed to pay us the fee charged for purchase of the Data Plan and the use of E-SIM. Normally for each purchase, Unless otherwise specifically stated in these Terms of Service, any charged fee is not refundable.
2. Regarding your registration and use of our service, you must provide us with:
   1. accurate information about yourself
   2. updates to your personal information if it changes
   3. information about at least one valid payment instrument or any other identification documents that we may require.
3. You shall be responsible for keeping the credibility and confidentiality of your credentials
4. You and your Customer shall not, and You shall ensure that Your Customer (where applicable) does not copy, reverse engineering, modify, scrape, distribute malware, impersonate others, exploit, and use Kurosim’s service for illegal activities.
5. You and your Customer shall not distribute, sublicense, sell, resell, lease, create derivative works based on, all or any part of the service, both in Kurosim’s App or in Web, without prior written approval from Kurosim
6. You shall protect and cover customer’s personal data with the same degree of care as when you’re protecting your own confidential information.
7. You Agreed not to copy, reverse engineer, modify, scrape, distribute malware, impersonate others, and use Kurosim’s service for illegal activities.
8. You’re generally responsible for all activities affiliated with your account, including without limitation, the processing of your / your customer’s data and any data displayed, generated, and/or published arising from the, and related to Your or Your Customer’s use of the service and also for any losses incurred as a result of any use of the Service in which you have acted fraudulently or negligently. You also agree to hold Kurosim and its related party harmless from any and all losses, actions, or claims.

OUR OBLIGATION RELATING TO THE SERVICES

1. We will provide you with our highest service quality available, however you understand and acknowledge that our eSIMs Service may not be available, whether in whole or in part, in a certain region(s), country(s), or jurisdiction(s).
2. We will provide you with an accessible Website and Application to ensure best experience when you’re using our services.
3. We cannot guarantee that such access will not be stopped (downtime) due to technical or other unforeseen issues. Even so, we will try our best and conduct our best efforts to ensure highest uptime and access to our application, sites, or service.
4. We will provide you with a dedicated support / customer service team that will help you in any technical or sales related questions or enquiries.
5. We will provide you Education regarding your rights and responsibilities regarding personal data. Such information can be found in our Privacy Policy.
6. We may send service related notifications via email, messaging or any other relevant communication ways. We will also provide You with up-to-date information on our website or apps.

REFUND

1. A request for refund must be made in-app, and when this is not available, by email.
2. Refund may be accepted if there's a reasonable cause, for example Trip cancellation, reschedules, or if the network is not accessible from your side.
3. Whenever there's a refund request, Kurosim reserves the right to investigate any refund case and to accept or refuse/reject such request for reasons including, but not limited to the violation of this Terms of Services or any fraudulent activities in using Kurosim’s services or if the refund reason is not reasonable based on our sole judgment and discretion. Therefore it is highly advisable for you to plan accordingly and also to keep and provide relevant underlying documents before trip or when refund is needed.
4. Refund is only possible if these particulars are fulfilled:
   1. Kurosim’s Mobile Plan Usage is unused or used under 10% of the whole quota, and;
   2. The Refund date is not above 90 calendar days from the date of SIM order (Order Date)
5. Refund based on this terms and conditions will only apply to the sub-total order of the amount to paid, which means that the Payment Fee and Service Fee is not refundable
6. For any payment using QRIS or Virtual Account, kindly note that we’re only able to conduct refund to a bank account, therefore any accepted refund request will be refunded to your bank account.
7. We are unable to guarantee a successful refund in every single case, because there might be some situation outside of our control that may make us unable to fulfill your refund request, however we will still do our best effort to refund when your refund request is reasonable and accepted by us.
8. For any refund, we will be able to refund sub total of your order, we are unable to refund your payment fee or service fee
9. Credit balance in Kurosim is not refundable

LIABILITY and WARRANTY

1. Any delay or failure to perform the Service as a result of unusual and unforeseen events or situation, fault in communications system, any failures, and Errors on the site or with the Service caused by you (including but not limited to use of jailbroken, rooted or otherwise modified device in any way and using any devices) or any third party. is unable to be prevented from our side and is beyond our reasonable control, therefore we are under no obligation to be liable to such loss or damages.
2. You understand that the website and app was not created to fit your individual needs, therefore this application and service is being provided AS IS and AS AVAILABLE. You shall ensure that our provided services are properly configured and compatible with your needs.
3. In the event of disruptions, or force majeure that significantly impact the Service, rendering it unable to function properly, Kurosim will make best effort to ensure the continuity of the Service and mitigate such risk from happening. In this event, you agree that Kurosim does not have any control over such disruptions and therefore you understand and agree that Kurosim shall, reasonably, not be liable for any damages or loss that may arise as a result of such disruption.

SUPPORT

1. Support. If you have an enquiry, request, or complaint regarding Kurosim's service, please write to the address listed on the site or send an email to [email protected]. We will acknowledge receipt of your enquiries, request, or complaint within 1 (one) business days and within 7 (seven) business days of receiving your complaint notification, we will investigate your complaint and update you with the results of our investigation. Availability to talk to Kurosim’s representatives is on 08:00 AM - 17:00 PM Western Indonesia Time (Or 01:00 AM UTC to 10:00 AM UTC)
2. Reporting. If you become aware of any unlawful Usage or violation of this Terms of Service, please report to Kurosim as soon as possible and no later than 7 days after the date you knew the unlawful action.
3. In the case that you’re a partner or subcontractor of Kurosim, you are directly responsible for providing support to your Consumer. Kurosim will do its best effort to provide You (subcontractor and/or End User) the best possible support available to you, however we are not able to guarantee support availability from time to time and we also reserve the right to change or modify our support availability from time to time.

TERMINATION

We may terminate these Terms of Services, your access to our Apps, Service, or Service of Kurosim’s service , with or without notification, and with immediate effect, and without any liability, in the case that you:

1. Are in breach of any provision of these Terms of Services;
2. Use the Service or the website in a way that is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;
3. Breach or attempt to breach the security of the site (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
4. Are, in Kurosim’s reasonable belief, using the Service in connection with fraudulent, illegal or unethical activity, or permitting a third party to do so.

OTHER PROVISIONS

1. Governing language. This Terms of Service is originally drafted in English and translated into Indonesian Language (or other language as may be applicable). As for the nature of translation, there might be multiple interpretations relating to the content of the both Indonesian and English version of the Terms of Service. In this case, the English Language will prevail, and any English version’s interpretation will prevail over its Indonesian (or other languages, as applicable) language interpretation.
2. Governing Law. This Terms of Service will be governed by Indonesian Law and the parties submit to the exclusive jurisdiction of the Indonesian Courts. Kurosim shall provide the service in accordance with the relevant laws and regulations in Indonesia and in a professional manner.
3. Payment. In order to ease your payment process, Kurosim will provide multiple payment methods, such payment methods are possible because we’re having a contractual relationship with them. For any mistakes or issue of payment process related to the purchase of the service, you are advised to approach the payment method provider for such enquiry. Kurosim will do its best to assist you in this case.
4. No waiver. The failure of Kurosim to enforce any rights or provision of the Terms of Services shall not constitute a waiver of Kurosim’s other right or provision under this Terms of Service.
5. No Partnership. The Parties hereto shall not by virtue of this Terms of Service, be deemed to be a partner or agent of each other nor shall anything herein contained be construed as creating a partnership, joint venture or trust. Each Party will be responsible only for its obligations under this Terms of Service and neither Party shall be authorized to represent or bind the other to any third Parties. For any Subcontractor of Kurosim, other than the regulations in this Terms of Service, there shall also be an additional schedule (Schedule 1) governing the relationship.
6. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement. By using our service you agreed that this clause would be binding as an agreement between us, and you based on Article 1338 of Indonesia’s Civil Law Code.
7. Indemnification. TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, IN NO EVENT SHALL KUROSIM LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, REGULATORY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST REVENUE OR LOST DATA, ARISING OUT OF OR RELATED TO THE SERVICES.
8. External Links. Any external links to third-party websites on Kurosim’s website may be provided by Kurosim. These sites are not controlled by Kurosim in any way and we are reasonably waiver of responsibility for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
9. Third Party Tools. In using any third party tools, software, and applications, you shall ensure that such third party tools comply or conform with these Terms of services, especially in the terms of Personal Data Protection and Confidentiality.
10. Severability. If any provision of the Terms of Services is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the such invalid provision would not be a part of the Terms of Service and the other provisions of the Terms of Services shall remain in full force and effect.

Contact Information

Questions, notices and requests or further information should be sent to Kurosim as follows:

Website: www.kurosim.com
Email: [email protected]
Tel: (+62) 851 8682 1131

Address:
PT. INOVASI JELAJAH DUNIA
R3/21 MADISON AVENUE
CITRALAND GAMA CITY MEDAN
Kab. Deli Serdang, Indonesia 20371