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I. APPLICATION OF RULES AND CONCEPTS
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.
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
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
4.2. 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:
5.1.3. 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
6.2. 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.
7.4. 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.
7.9. 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).
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
10.2 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
12.2. 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.