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Rules
TERMS OF USE FOR THE E. BUMAS, UAB WEBSITE WWW.BUMFIX.LT
I. APPLICATION OF RULES AND CONCEPTS
1.1. The Terms of Use is a written document considered to be a contract between Bumfix
and its Users which determines the rights and duties of Bumfix and its Users, order of
queries and publishing of goods, responsibilities of the parties and other provisions
regarding the use of the www.bumfix.lt Website.
1.2. The Website is a website that includes www.bumfix.lt, www.bumfix.com and
www.bumfix.eu, which are visited by the Users in order to use the services provided by
this Website.
1.3. Bumfix is the owner and administrator of the Website: E. bumas, UAB, company number
303992419, address of the registered office: Draugystės g. 17-1, Kaunas.
1.4. Users are natural and legal persons or their representatives (including, but not
limited to, Buyers and Salesmen) using the Website (i.e., sends queries to Salesmen or
offers to purchase goods).
1.5. Salesmen are natural and legal persons or their representatives who register their
accounts in the Website and provide offers to User queries or offer to purchase the
parts of particular vehicles.
1.6. Buyer is a person who uses the Website to purchase parts of vehicles.
1.7. Services are the services provided by Bumfix which include all and any available
actions of the User accomplished in the Website including, but not limited to, the
registration of a Salesmen account, sending of queries, writing of questions, reviews
and comments, and provisions, including the sending and receiving of any kind of
information and/or data.
1.8. Use of the Website includes all and any actions accomplished by the User after
he/she logs in to the Website through electronic communication networks using an
Internet browser (Internet Explorer, Firefox, Opera, Chrome, etc.).
1.9. Recipient is a legal or natural person to whom Bumfix provides personal data.
1.10. Processor of the data is a legal or natural person who is authorised by Bumfix to
process personal data.
1.11. Query is a question about the parts of sold vehicles sent by the User using the
Website to the Salesman.
1.12. Use of the Website and Services is not charged. If the provided service requires
payment, the Users will see appropriate additional information in the Website. This
information is provided in the main page of the website and is sent to every User
personally, depending on the contact details he/she has provided.
1.13. Provisions of the rules must be respected by all Website Users. If the User does
not agree to unconditionally and irrevocably accept all liabilities set forth in these
Terms of Use, he/she no longer has the right to use the Website and its services.
1.14. Bumfix does not assume any risk or responsibility if the User uses the Website and
its services without reading these Terms of Use first.
II. GENERAL PROVISIONS
2.1. Bumfix services allow Buyers to send their queries to Salesmen.
2.2. Bumfix provides the services of its Website from the Republic of Lithuania.
2.3. A Sale/Purchase contract is formed independently by the Buyers and Salesmen without
any involvement or mediation by Bumfix. The Users themselves are responsible for the
formation and execution of such contracts.
2.4. Bumfix is not responsible for the fairness or specificity of Buyer queries and
Salesmen replies, or their compliance with the regulatory requirements.
2.5. Bumfix is not responsible for the conformity of the goods or services which are
sold or purchased while using the Website on the basis of received offers, with regard
to their description, quality, quantity and complement.
III. USER LIABILITIES AND RIGHTS
3.1. A User must only use this Website for legitimate purposes without prejudicing the
requirements of applicable law, and his/her actions must not offend the interests
protected by this law or the rights of Bumfix and other persons, or limit their
abilities to use the Website.
3.2. A User has the right to send queries, register his/her account and write
comments.
3.3. A User has the right at any time to discontinue use of the Website and
Services.
3.4. A User is obliged to not use the Website and Services for unlawful acts or
contracts including, but not limited to:
3.4.1 the provision, publishing, sending and/or storing of content in the Website which
may offend any Intellectual Property rights (authors, trademarks, design, etc.);
3.4.2. the provision, publishing, sending and/or storing of content in the Website which
may offend, blackmail, discriminate or violate the rights of any person to image, name,
privacy (addresses, personal identification code, etc.), honour and dignity, business
reputation or any other rights and liberties;
3.4.3. the provision, publishing, sending and/or storing of content in the Website which
may jeopardise the safety of the Website or its database (programmes or documents
containing viruses, etc.);
3.4.4. the provision, publishing, sending and/or storing of content in the Website which
may be used in order to prosecute criminal offence (cheat, etc.). In cases where there
is suspicion about a User’s possible illegal activity, his/her queries and/or published
advertisements may be blocked.
3.5. In cases of failure to comply with or obey these terms, the User is obliged to
repay, remunerate or in any other way to compensate Bumfix for losses, damages or any
other expenses.
3.6. A User is obliged to not use the Website and/or Services for any actions which may
undermine any person, his/her possession or legitimate interests; for the publishing of
information or any other similar appearance of content prohibited by legislation which
may be offensive, fraudulent, threatening or prejudicing the rights of persons;
prejudicing the rights of persons to intellectual property including the property rights
of authors, patents, trade or industrial secrets, or rights to trademarks; for the
publishing of any goods and/or services advertisements, as well as any unacceptable
emails, messages, notifications or any other content.
IV. SALESMAN REGISTRATION, LIABILITIES AND RIGHTS
4.1. In order to become a registered Bumfix User and to be able to administer the
received Buyer queries, the Salesman must first fill out the registration form.
Registration is accomplished when a person clicks the appropriate reference in the
Website and fills in all the required fields of the registration form (name, surname,
email address and acceptance of the Terms of Use).
4.2. A Salesman is obliged:
4.2.1. by registration, to only enter correct and complete details about oneself and the
vehicle parts he/she is selling, and to update the information provided in the
registration form;
4.2.2. when replying to Buyer queries, to present objective, correct and complete
information;
4.2.3. to only upload photos reflecting an offered object. It is forbidden to upload any
graphical displays, letters, figures or persons (for example, logos, handwritten notes,
telephone numbers, surnames), or combinations of photos with graphical displays, letters
or figures instead of photos with any offered object. Photos may be edited by rotating
them or by changing their order. Photos not reflecting an offered object or containing
persons or modified graphical displays may be deleted.
4.2.4. to immediately inform Bumfix administration about any cases of impermissible use
of a user password or any other noticed infringement of the security rules.
4.3. A Salesman is categorically prohibited to appropriate the identity of other persons
by indicating a borrowed name, surname and/or other data, i.e., pretending to be any
other person or subject including, but not limited to, a Bumfix employee or in any other
way, to incorrectly announce about his/her own relation with any person. Regardless to
the aforementioned requirements applied to the Salesman, Bumfix has the right to
immediately and without any notice, to prohibit him/her from using the Website and/or
services, and in cases where there are substantiated suspicions indicating that, by
these actions, the Salesman caused or may cause damage to Bumfix, third parties and/or
public interest, Bumfix may share all available data about such a Salesman with
competent law enforcement authorities.
4.4. A Salesman has the right to:
4.4.1. send replies to queries, register his/her account and write comments;
4.4.2. discontinue the use of the Website and Services by sending a written notice to
Bumfix within 5 calendar days prior the cancelation.
4.5. In cases where there is failure to comply with or obey these terms, the Salesman is
obliged to repay, remunerate or in any other way to compensate Bumfix for losses,
damages or any other expenses, i.e., expenses incurred by Bumfix.
4.6. Bumfix will not under any circumstances be held responsible for damages incurred by
the Salesman and/or third parties due to the fact that the Salesman indicated incorrect
and/or incomplete data or has not edited and added data after it has changed. In any
case where the Salesman has provided incorrect, incomplete or inaccurate data, Bumfix
has the right to immediately and without any notice to the Salesman, to limit, terminate
or cancel the Salesman’s rights and/or registered account.
V. BUMFIX RIGHTS AND LIABILITIES
5.1. Bumfix has the right:
5.1.1. to immediately and without any notice, limit or terminate a User’s ability to use
the Website, or to cancel a Salesman’s registered account if the User tries to undermine
the Website’s working stability and security, or if he/she violates the obligations
indicated in sections 3 and 4 of these Terms of Use;
5.1.2. at any time, to assign its rights and obligations arising from these Terms of Use
to third parties without any agreement from the User and without any notice;
5.1.3. to modify, change or cease the Website’s activity.
5.2. Bumfix is obliged:
5.2.1. to provide Users with a virtual space where Buyers, who send electronic queries
for required parts, may receive particular offers from Salesmen to purchase them. Bumfix
cannot guarantee that Salesmen will reply to the User queries and make offers, and is
not committed to do so.
5.2.2. to only provide the technical and electronic means used in order to insert the
information about available vehicle parts in the system, send Buyer queries and
administer them. Bumfix does not represent any persons, is not an intermediate, agent or
interested party; it is not involved in the relationship between Buyers and Salesmen,
and it does not take any rights or liabilities associated with it.
VI. BUMFIX LIMITATION OF LIABILITY
6.1. A User agrees that if legislation of the Republic of Lithuania and these Terms of
Use does not provide otherwise, Bumfix is not and will never be held responsible for any
Website or Service disturbances, and resulting losses or damage incurred by the User or
a third party.
6.2. Bumfix is not responsible for any damage or losses possibly incurred by a User
while using the Website or its Services, including the uploading, sending and in any
other way sharing or making public any content.
6.3. Bumfix is not responsible for any material or non-material damage possibly incurred
by a natural or legal person due to the information received from or by the use of the
Website.
6.4. A User understands and agrees that while he/she is using the Website and Services,
Bumfix will not be held responsible for the content received by the User or other third
parties including (but not limited to) any errors or inconsistencies in such content,
losses or damage resulting from particular content or its publication, including
receiving, sending or any other sharing while using the Services.
VII. PERSONAL DATA
7.1. A Salesman ensures the rights of data according to the Law on Legal Protection of
Personal Data and other regulatory provisions governing the processing of personal data.
Bumfix processes the personal data provided by the User for the purpose and provision of
electronic queries. The Bumfix data controller code is P6672.
7.2. Depending on the way a User uses the Services, the following personal data is
collected and stored: email address, vehicle identification number (VIN) and IP address.
In the Salesman (legal person) registration process, he/she is asked to enter the
following personal data: name, company number, VAT code, address, telephone number,
email address and IP address.
7.3. By agreeing that he/she is familiar with these Terms of Use and by entering
information and data in the Website, the User gives Bumfix the right to collect, store,
systemize, use and manage all his/her personal data entered directly or indirectly while
visiting the Website and using Bumfix Services.
7.4. A User confirms that he/she had the ability to become familiar with the conditions
of personal data processing and has the following rights:
7.4.1. to be informed about the processing of the personal data of a data subject;
7.4.2. after provision of the document confirming personal identity to Bumfix or
verification of his/her personal identity by national legislation order or by means of
electronic communications allowing the correct identification of his/her person, the
User has the right to become familiar with his/her data and check how it is processed,
i.e., to receive material including information about the sources from which the
appropriate personal data was collected, purposes for the data processing and sources
receiving it;
7.4.3. to demand to correct or destroy his/her personal data, or to terminate actions of
personal data processing when data is processed without following the Law on Legal
Protection of Personal Data of the Republic of Lithuania or any other provisions of
legislation. Agreement or disagreement with the processing of the User’s personal data
must be expressed by the User by written notice or email;
7.4.4. to disagree that his/her personal data would be processed.
7.4.5. including other rights indicated in the Law on Legal Protection of Personal Data
and other regulatory provisions.
7.5. Demands to correct or destroy personal data, or to terminate the actions of
personal data processing should be provided by the User in written form or personally in
the location of Bumfix activity.
7.6. Bumfix undertakes to ensure the safety of a User’s personal data, and to implement
proper technical and organisational means for protecting personal data from illegal
destruction and/or accidental alteration, disclosure and any other illegal processing.
All Bumfix employees and representatives protect the personal data of the User.
7.7. Personal data are processed for 2 years starting from the moment the inquiry was
made. When the retention term in the database expires, personal data is automatically
destroyed.
7.8. A Buyer understands and agrees that Bumfix, following the Terms of Use and using
the query data and the personal data provided by the Buyer (e.g., vehicle VIN number)
will share it with Salesmen acting both in the European Union and other countries (e.g.,
Russia and Belarus) outside the European Union borders.
7.9. The Controllers of the data authorised by Bumfix are Media inovacijos, UAB (company
servicing the website), IĮ Torena (company providing server services) and the Rocket
Science Group (company administering emails).
7.10. Bumfix will not share personal data with third parties and will not publish it,
excluding the cases indicated in clauses 7.8., 7.9 and 8.2. of these Terms of Use or in
cases indicated by the legislation.
VIII. PROVISION OF PERSONAL DATA TO RECIPIENTS LIVING IN FOREIGN COUNTRIES
8.1. Bumfix is authorised by the State Data Protection Inspectorate to provide data to
third countries.
8.2. Bumfix provides Buyer’s email and email content to the data controller, Rocket
Science Group, address of the registered office: 675 Ponce de Leon Ave NE, Suite 5000,
Atlanta, GA 30308, and to Salesmen.
8.3. The employees of the data controller and its representatives processing personal
data protect personal data if these personal data are not to be published publicly.
IX. COPYRIGHT AND NEIGHBOURING RIGHTS
9.1. All intellectual property rights associated with Bumfix and its content belong to
E. bumas, UAB, and are protected by the legislation of the Republic of Lithuania. No
content, text, graphical or any other information published in the Website is allowed to
be reproduced, published or disseminated without the prior written approval of
Bumfix.
9.2. Material and information provided in the Website may only be read, viewed, printed
and downloaded by the User for personal, not commercial purposes.
9.3. No part of the Website may be reproduced, shared or saved in other websites.
9.4. Irrespective of whether it was clearly indicated or not, all marks, symbols,
trademarks and logos seen in this Website belong to Bumfix, Salesmen or other third
parties.
X. SENDING OF ADVERTISING AND INFORMATION MESSAGES
10.1. All advertising and information messages, requirements, applications and other
information is sent to the User by Bumfix by the email indicated in the registration
process or in any other way in which the User could be reached. While sending such
information, the Services used by the User are taken into consideration. It is assumed
that all information sent to the User following these Terms of Use is received 24 hours
after the moment of its sending.
10.2 Bumfix will not be liable for any and all Internet connections, email provider
networks or any other disturbances due to which the User is not able to receive
information messages or verification emails from Bumfix. The Parties agree that the
presence of a copy of an email or any other message intended for the User in the Bumfix
server (in a database or other equipment intended for the storage of particular
information) is an adequate proof indicating that the particular information was sent to
the User.
XI. COMMENT WRITING
11.1. A User has the right to comment and express his/her opinion about the goods
uploaded in the Website by recommending them to other persons or by writing reviews in
the Website about the goods and the Salesmen.
11.2. A User unconditionally confirms that any provided information, data or content
provided by him/her comply with these requirements: it will be correct, right, not
deceptive or in any other way misleading, will not prejudice Bumfix or third party
rights including intellectual property rights, rights to trade secrets, a person’s
rights to privacy or any other requirements of the legislation.
11.3. Bumfix reserves the right at its sole discretion without any notice to delete or
edit any comments and reviews published by the User.
11.4. A User understands that he/she is responsible for all and any information and its
content which he/she sends, stores or disseminates while using the Website or its
Services.
XII. FINAL PROVISIONS
12.1. The Terms of Use were established following the legislation of the Republic of
Lithuania.
12.2. If any provision of these terms is against the law or for any reason becomes
partly invalid or invalid as a whole, the remaining provisions of these terms will not
lose their power.
12.3. Bumfix reserves the right at any time to modify, change or complement the Terms of
Use following the requirements determined by legislation. Information about these
modifications, changes or complements will be seen by a User registered in the system
after he/she logs in to the Website. The User using the Website agrees to follow these
modified, changed or complemented Terms of Use. The User’s agreement is expressed by
sending a query to the Salesman or by uploading advertisements. Only Users agreeing with
the available Terms of Use are allowed to use the services provided in the Website.
12.4. All disputes between the User and Bumfix arising from compliance with the Terms of
Use are to be resolved in a negotiated way. If within 15 (fifteen) days starting from
the day when one of the parties has presented the other party with a written request to
resolve the dispute, the parties do not agree, the dispute resolution will take place in
court following the order established by the law of the Republic of Lithuania
considering the location of the Bumfix registered office.