The purpose of these Terms of Use (“Terms”) is to regulate the use of the supplier portal operated by the third party service provider.
By using any of the supplier portal or website (“Site”) operated by or for and on behalf of SAP Ariba and any other related corporation of SAP SE of Dietmar-Hopp-Allee 16, 69190 Walldorf/Germany (collectively the “SAP Group”) in any way, you agree to be bound by the following Terms, terms and disclaimers found here and BMI’s Privacy Policy found here. We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of the modified Terms. The term “B. Braun Group” includes B. Braun Melsungen AG, B. Braun Medical Industries Sdn. Bhd. (or “BMI”, “we”, “our” and “us”) and all members, subsidiaries and affiliates. "You" or "your" means (1) an entity that is the owner of an account to sell products or services to BMI or (2) a representative authorized by an account owner to view account information and/or effect transactions on the account.
1. Use of the Site
You assume total responsibility and risk for your use of the Site. Any content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, products and other information provided through the Site. You acknowledge and understand that the Site is not operated by BMI or B. Braun Group. BMI or B. Braun Group does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, SAP Ariba and SAP Group, any product, information or service provided through the Site, and BMI and B. Braun Group shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other contents accessible from the Site. In no event shall BMI or any entity within B. Braun Group be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the contents on this Site, even if BMI or B. Braun Group has been advised of the possibility of such damages.
You agree that neither the content nor use of the Site shall modify or amend the terms and conditions of any existing agreement between you and BMI, or any of their respective affiliates, for the purchase of goods and services, and all transactions shall remain subject to any such agreement.
2. Registration, Password and Security
When you register through the Site, you will be issued an account which will have an assigned user name and password that should not be shared with others. You are responsible for maintaining the confidentiality of your user name and password. You are solely responsible for all transactions, communications, and acts or omissions that occur through the use of your user name and password by you or any person or entity using a password provided to you, whether or not such access or use has been authorised by you. BMI will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. If you believe that someone has used your account to access the Site, contact us immediately.
Should you elect to subscribe the fee bearing account on the Site, you are solely responsible on the fees and charges imposed by SAP Ariba.
3. Representations and Warranties
You agree that:
- You have read these Terms and understand that they constitute a valid, binding obligation
- Any information you enter and transmit to BMI through the Site is true and accurate to the best of your knowledge and belief, you are responsible for any errors or omissions in any information supplied through the Site and are responsible to keep such information current and relevant at all times
- You are authorized to provide the information you submit to the Site on behalf of your entity or ogranisation. You are responsible for any errors or omissions in any information supplied through the Site, and
- You have full power, authority and legal capacity to enter into these Terms and fulfill its obligations. You further agree that you have the authority to bind and represent your employer/supplier organization or, if not an employee, the organization/supplier you represent regarding the purchases or in communicating with BMI through this site regarding purchases.
4. Intellectual Property Rights/ Confidentiality
In using the Site, you shall have regard to all intellectual property rights of B. Braun Group and/or any third parties, in particular copyrights, rights to the use of certain names and trademark rights. You shall refrain from any improper use of the Site, for instances, refrain from attempting to gain access to any data relating to other suppliers which has not been made generally available on the Site.
You are obliged to treat confidential information with all due care and not to make it available to third parties. You shall procure the observance by your employees (both during and after their employment) of the confidentiality obligations and undertakes to be responsible for their acts and omissions.
5. Removal of Access
BMI reserves the right to remove or block your access to BMI via the Site, at any time and without having to state any reasons for our decision to do so. BMI shall also be entitled to discontinue our operation on the Site at any time.
6. General Provisions
- BMI’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
- If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.