1. GENERAL PROVISIONS
- Every user of Kalbe's e-Procurement is obliged to comply with the regulations and provisions stipulated by Kalbe in relation to the procurement of goods/services.
- Procurement through Kalbe's e-Procurement refers to and is subject to Kalbe's internal provisions related to procurement and/or vendor management.
- Transactions conducted within and through the Kalbe e-Procurement site, as well as the use of networks connected to technical data services both within the territory of Indonesia and abroad through this site, must comply with applicable laws and regulations and all provisions specified by Kalbe regarding the procurement of goods/services.
- Kalbe reserves the right to adjust, improve, add, or reduce the terms of use at any time with or without prior notice.
- Every user of Kalbe's e-Procurement is bound by and subject to all changes to the terms, whether in the form of improvements/additions/reductions.
- Kalbe does not charge any fees from vendors in any procurement process, including the vendor registration process.
- Vendors are required to update data and information submitted in Kalbe's e-Procurement in case of any changes. If there is any discrepancy in the data recorded in Kalbe's e-Procurement with the actual situation, Kalbe reserves the right not to include the vendor in the procurement process.
- Kalbe's e-Procurement is an application system fully controlled by Kalbe, and all stored data will be protected according to applicable data protection regulations.
- Vendors registering themselves in Kalbe's e-Procurement hereby agree that the data provided will be used or processed by Kalbe and/or its subsidiaries for business and legal analysis purposes.
2. VENDOR TERMS IN KALBE'S E-PROCUREMENT
- Every vendor intending to carry out procurement transactions in Kalbe's e-Procurement must register and provide data in the system completely, correctly, and accurately according to the actual conditions.
- Vendors interested in registering as vendors in Kalbe's e-Procurement must meet the registration requirements and subsequently adhere to the evaluation process as per the applicable provisions.
- Kalbe reserves the right to request additional supporting documents from prospective vendors if necessary in the registration evaluation process.
- Kalbe reserves the right to conduct due diligence, including but not limited to site visits, confirmations, and verification or validation of the authenticity of documents and/or request additional documents from vendor partners for any vendor selection process needs from time to time.
- Kalbe, at its own discretion, reserves the right to reject or not process documents provided without providing reasons.
- Vendors must update data and information submitted in Kalbe's e-Procurement in case of any changes. If there is any discrepancy in the data recorded in Kalbe's e-Procurement with the actual situation, Kalbe reserves the right not to include the vendor in the procurement process, and the vendor releases Kalbe from any claims, objections, and responsibilities regarding such decisions.
- Vendors may participate in Kalbe's e-Procurement upon receiving an email or confirmation notification of account activation as a vendor in Kalbe's e-Procurement.
- Vendors agree to accept all decisions by Kalbe regarding the procurement process, which are final and non-appealable.
- By registering as a vendor in Kalbe's e-Procurement, the vendor is deemed to agree to release Kalbe and all its directors, commissioners, and employees from:
- Any misuse of the User Name/ID and Password by the vendor
- Any direct or indirect damages or losses, including but not limited to loss of profits, data usage, or non-material losses caused by:
- Use or inability to use the system
- Unauthorized access or data transmission
- Statements or actions of third parties within the system
- Matters related to Kalbe's e-Procurement system
- Any third-party claims related to offers or statements entered by the vendor through Kalbe's e-Procurement system
- Any use and/or connection of Kalbe's e-Procurement system by the vendor
- Any violations of these terms of use and instructions from Kalbe or violations of the rights of others; and/or
- Failure to implement the Kalbe e-Procurement program or system due to force majeure, which is beyond Kalbe's control and includes, but is not limited to, natural disasters, strikes, riots, wars, epidemics, post-incident government regulations, fires, communication channel failures/damage, power outages, earthquakes, or other calamitous events.
3. RESPONSIBILITIES OF VENDOR ACCOUNT USERS IN KALBE'S E-PROCUREMENT
- The vendor is responsible for the confidentiality of their user ID and password and is accountable for transactions and other activities conducted using their account.
- Data and/or offers sent by the vendor, as the owner of the user ID and password for Kalbe's e-Procurement, and recorded in the Kalbe e-Procurement server, are legally valid data and/or offers.
- The vendor agrees to notify Kalbe if they become aware of any unauthorized use of their account by others or if there is any security breach concerning their account.
- Any attempt to penetrate the computer system with the intention of manipulating Kalbe's e-Procurement data is an unlawful act.
- Misuse of the vendor account is the vendor's responsibility and will be subject to sanctions in accordance with Kalbe's regulations and applicable laws and regulations.
- The vendor is responsible for maintaining, updating, and adjusting their business documents to remain compliant with applicable legal provisions. Non-compliance with this constitutes a risk and is entirely the vendor's responsibility.