PETRONAS SUPPLIER SELF SERVICE PORTAL TERMS OF USE

Terms of Use

Welcome to the Petroliam Nasional Berhad (PETRONAS) ("PETRONAS") Supplier Self Service Portal ("Portal"). The Terms of Use stated herein shall apply to all users of this Portal ("Users" or "User" as the context may require) and may be amended, varied and updated by PETRONAS from time to time at its sole discretion. The Users are the vendors that have duly registered and licensed with PETRONAS and its Group of Companies. Any breach of these terms and conditions herein, would entitle PETRONAS to prevent the User from further access to the Portal and claim all rights and remedies available in law and equity for such breach.,

Description Of Service

PETRONAS provides the Users with the access to the Portal to conduct or participate in the supply chain management exercise online for tenders or such similar exercises issued by PETRONAS and its Group of Companies. PETRONAS' registered vendors will also be able to update their company details on line from time to time provided that they have the authorized access to use this Portal.

Independent Review Acknowledgement

The Users acknowledge that the Users have read the Terms of Use and all related terms referenced herein before proceeding to access the Portal. The Users agree to all terms and conditions contained herein. The Users have independently evaluated all aspects of these provisions and the desirability of using the Portal site and its services. The Users are not relying on any representation, guarantee, or statement other than those expressly set forth in these provisions.

Registration and Privacy Policy

To use the Portal, the Users must be licensed and registered vendors with PETRONAS. The information provided by the Users must be true, accurate, complete and current at all times. The Users are fully responsible for maintaining the accuracy of the information and shall be fully responsible for all information provided by them. PETRONAS may at, any time at its sole discretion, prevent, suspend or terminate any access by of the Users if it suspects that the information provided may be misleading, inaccurate or incomplete.

The Users agree that PETRONAS may disclose the Users' information and any content that is transmitted through the Portal to the PETRONAS Group of Companies for the purposes of: (i) administration (ii) legal requirements (iii) enforcements of the terms and conditions contained herein and/or (iv) any other purposes deemed appropriate and necessary, at the sole discretion of PETRONAS. However, PETRONAS shall ensure that the data recipient and its personnel, are well informed of the confidential nature of the Users' information and/or data received , and that the disclosure of the Users' information and/or data are within the ambit of the intents and purposes of these Terms of Use.

Users Account, Password and Security

The User will be given an individual user identification and password to access the Portal. PETRONAS will not hesitate to take any legal action against any unauthorized individuals attempting to access the Portal for whatever purposes.

The Users are entirely responsible for protecting and maintaining the confidentiality of their respective user identification and password as well as any activity that takes place within the Portal using such identification and password, whether it is authorised or otherwise. The Users agree to notify PETRONAS of any unauthorised use of their respective user identification and password immediately upon being aware of such incident and PETRONAS and its Group of Companies shall not be responsible for any direct, indirect or consequential loss howsoever caused arising out of or in connection of such incident.

Conduct of the Users

PETRONAS may at any time prevent any User from accessing and using the Portal if PETRONAS is of the opinion that:

i. any of the User's activity has or is likely to be the cause of the failures, interruptions, errors or defects to the Portal and/or any part of its system; or

ii. the User fails to follow the terms and conditions contained herein and/such other additional terms and conditions as may be advised by PETRONAS from time to time.

Unless otherwise consented by PETRONAS, the Users are expressly prohibited from using, storing, downloading, selling, reproducing, redistributing, adapting or otherwise dealing with the information contained in the Portal for any purpose other than for the purpose of participating in the supply chain management exercise through the Portal, using or distributing the information obtained from the Portal for the following purposes:

i. compiling an internal database;

ii. commercial information redistributing or reproduction through any media or network;

iii. infringing and/or assisting any infringement of proprietary rights activities in whatever manner; and/or

iv. trading, building commercial database or reselling such information.

The Users hereby agree that PETRONAS may at any time without giving any prior notice suspend or prevent the access to the Portal, if it is at its sole discretion believes that it is necessary to do so for the purposes of repairing, altering, modifying, updating, amending or replacing any part of the Portal.

PETRONAS does not warrant that functions contained in the Portal will be uninterrupted or error free, that defects will be corrected, or that the Portal or the server that makes it available are free of viruses or bugs. Nevertheless, in the event that the Users encounter with any kind of problem with the Portal, the Users shall as soon as possible, highlight such problem to PETRONAS.

Limitations of Liability

PETRONAS provides the Portal on "as is" and "as available" basis. The use of the Portal by the Users shall be at the Users' sole risks and the Users undertake, at all times, to exercise its own judgment and skill for transactions conducted using the Portal and or its contents and shall be solely liable for all opinions, recommendations, forecast quotations or comments made or actions taken therein;

To the maximum extent permitted by applicable law, PETRONAS makes no representations, warranties or conditions, express or implied of the Portal. PETRONAS disclaims any and all warranties or conditions, express, statutory and implied, including without limitation (i) warranties or conditions of fitness for a particular purpose, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (ii) warranties or conditions arising through course of dealing or usage of trade, and (iii) warranties or conditions that access to or use of the Portals will be uninterrupted or error-free. There are no warranties that extend beyond the face of these terms and conditions.

In addition to other limitation of liabilities mentioned herein, in no event shall PETRONAS or its subsidiaries, officers, employees and/or agents be liable to the Users for any indirect, special, punitive or consequential damages of any kind, including but not limited to, loss of profits, loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties which the Users may suffer or incur or be liable for, which arises out of or is in connection with:

i. the breach of this terms and conditions; or

ii. the breach of any warranty (if any); or

iii. negligence; or

iv. access and/or use or inability to access and/or use the Portal; or

v. any activity conducted or statement and materials transmitted or unable to be transmitted or intercepted on or through the Portal by the Users or using the Users' identification and password; or

vi. any system error or delay, fraud, unauthorised access or dealings by third parties, or unauthorised alteration of any data or transmission; or

vii. the purchase or provision of goods or services or alternative goods or services, resulting from the e-RFX (Request for Proposal/Quotation/Information), exercise or such other activity conducted on or through the Portal.

whether or not PETRONAS has been advised of the possibility of such loss, expense or damages.

Indemnities

The Users agree to indemnify and hold PETRONAS, its subsidiaries, affiliates, agents, officers and employees harmless from any loss, expense, claim or demand, including legal fees (on client-solicitors basis) and other fees and disbursements, made by any third party due to or arising out of the access, use and conduct of any activities on or through the Portal, the violation of this terms and conditions by the Users and/or any the infringement of intellectual property and/or such other proprietary rights by the Users.

The Users agree that all the information provided and/or updated by the Users in this Portal from time to time are true, accurate, complete and current and that PETRONAS, its subsidiaries, affiliates, agents, officers and employees, would be assured of its reliability and the same could be used for all intents and purposes of this Portal, and that PETRONAS and its Group of Companies would not be responsible and liable to the Users in the event of any problem or loss incurred by the Users as a result of reliance of such information.

Proprietary Rights and Intellectual Property Rights.

The Users acknowledge and agree that PETRONAS and relevant third parties own certain intellectual property rights or such other proprietary rights subsisting in or used in connection with the Portal, its system and/or any part thereof and the Users undertake that they shall not, at any time in any manner, question or dispute the ownership of the rights by PETRONAS and/or the relevant third parties.

The Users also undertake that they shall not abuse or permit the abuse of the intellectual property rights and such other proprietary rights owned by PETRONAS or such relevant third parties by conducting, attempting to conduct or assisting any third party to conduct or attempt to conduct any infringing activities which encroach or may encroach the rights of PETRONAS or such relevant third parties, in any manner whatsoever, including but limited to copying, altering, reproducing, adapting, translating, arranging or making available to any other third party in any manner, either directly or indirectly, the Portal, its system or any part of its contents (including any electronic materials necessary for its operation) except to the extent that and for so long as the said Users are expressly permitted to do so in accordance with these Terms of Use.

The Users acknowledge that civil and criminal penalties may be incurred in the event of any infringement of the copyright and/or other rights in relation to the system or its contents and that any such infringement by the Users may result in incalculable damage and/or loss to PETRONAS, and accordingly agree that, in addition to any other right or remedy of PETRONAS, PETRONAS shall be entitled to immediate injunctive relief to restrain any actual or apprehended infringement thereof.

Termination

PETRONAS may, at its sole discretion and without prior notice, suspend, terminate or discontinue any or all of the services offered by or through the Portal. In addition, PETRONAS may terminate without liability, including for the content the Users have provided or posted, the Users access to the Portal or use of services by or through this Portal, if at any time, in PETRONAS' sole discretion and without limitation, including if (1) the Users breach in any way these Terms of Use as posted at the Portal and as modified from time to time, (2) PETRONAS is unable to verify or authenticate any information that the Users have provided to PETRONAS via the Portal or otherwise, (3) if PETRONAS believes that the Users have violated or acted inconsistently with the spirit of this Terms of Use or to the detriment of PETRONAS' reputation or obligations or (4) if the Users dispute or attempt to modify any of these Terms of Use or their application by PETRONAS.

Upon termination by PETRONAS, PETRONAS reserves the right to (1) collect all charges, fees, commitments and obligations incurred or accrued by PETRONAS; (2) delete any content, listings, messages or other information connected with the said User prior use of the Portal; (3) prohibit the said User from any future access to the Portal, including without limitation by deactivating the User's individual identification and passwords; and (4) refuse the said User future access to the related or affiliated web sites or portal (where applicable). In no event shall PETRONAS be required to refund, redeem or pay amounts to the User upon termination of the said User access or to return any content to the Users; and (5) commence legal proceedings against the Users for such breach, as PETRONAS thinks fit and appropriate, and in such event the Users shall be liable for the interest and costs in respect of legal fees (on client-solicitors basis) thereof.

Severability

In the event any provision contained herein becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such invalidity prohibition of unenforceability without invalidating in any manner whatsoever the remaining provisions herein and the remaining provisions will remain in full force and effect, to the maximum extent possible.

Integration

The Terms of Use contained herein and as modified from time to time, and inclusive of terms and provisions incorporated by reference, constitute the entire agreement between the Users and PETRONAS. The Terms of Use replace in their entirety and supersede, whether verbal or written, any and all previous proposals, negotiations, writings, and other communications between the Users and PETRONAS. These provisions may not be waived, modified or limited by any statements, implied or direct, by any third party, employee or representative of PETRONAS. PETRONAS expressly disclaims any authority by any other person or entity to waive, modify, or limit these provisions. PETRONAS disclaims any liability for the actions of such individuals, by their representations, promises and/or statements, which in any way modify, conflict with or are in contravention of the provisions herein.

Notices

Notices to PETRONAS under the Terms of Use are to be sent to:

Mailing Address:

Licensing,

Strategic Programme and Licensing,

Industry Shaping and Collaboration,

Group Procurement,

Petroliam Nasional Berhad,

Level 16, Tower 1, PETRONAS Twin Towers,

Kuala Lumpur City Center,

50088 Kuala Lumpur,

MALAYSIA

Email Address:

lrs_enquiries@petronas.com.my

Consent to Electronic Form of Contract

BY ACCESSING AND USING THE PORTAL AND SERVICES THROUGH IT, THE USERS ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM AND THE PROVISIONS OF THE DIGITAL SIGNATURE ACT 1997. The Users agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. The Users consent to electronic form extends to all written notices sent by PETRONAS.

Waiver

The waiver of any breach or default of obligations under these provisions will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.

Survival

The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between the Users and PETRONAS.

Laws

The Users agree as a condition of use and access to the Portal to immediately notify PETRONAS using the methods outlined in these Terms of Use and Copyright Notice if the Users become aware of any unauthorized, improper or unlawful use or threatened use of this Portal. The Users agree to comply with and/or not to contravene any such laws, subsidiary legislations, regulations, conditions or restrictions applicable or in connection with the use of the Portal including, without limitation, any laws relating to defamation, sedition, money laundering, terrorism and any revenue laws of Malaysia.