Welcome to the User Agreement (“Agreement” or “User Agreement”) of Boom Auto Parts LLC, where this Agreement sets forth the terms and conditions applicable to your use of our services available within the domain and subdomains of boomauto.com (the “Website”), if you do not accept to be bound by the terms and conditions of this agreement, you shall not use or access our services.
1. Eligibility for Membership
Our services are provided and may be used by persons who can enter into legally binding contracts under applicable laws only, and without limiting to the foregoing, our services are not available to children (persons under 18) or members who are temporarily or indefinitely suspended as members of the Website, so if you are under the age of 18, you may use this service jointly with and under the supervision of your parents or guardians and if you are not eligible, please do not use our website. Furthermore, the ownership of your account and ID user may not be transferred or sold to another party, and if you are registered as a Commercial Company, you shall acknowledge that you have the authority to bind this company to this Agreement.
2. Fees and Services
Joining and creating an account on the Website is free. When you purchase any of our services available on the Website, you have the opportunity to review and accept the fees for which you are charged. The fees and payment policy are included in this agreement as a reference. We may change our fees and payment policy and the fees for our services periodically provided that the changes we make to the policy will be effective after notifying you of them at least fourteen (14) days after making changes by posting changes on the website. However, we may choose to change our fee policy, temporary payment, and fees for our services to promotional events and such changes will be effective when we post them on the website. We may, in our reasonable discretion, change some or all of our Services at any time, and in the event that we will present a new service of which fees will apply when lunching it, unless otherwise stated in the agreement, all fees are paid in Kuwaiti Dinars and you are responsible for paying all fees related to the use of our services.
3. Your Data
3.1 We will collect and process the following data about you:
3.1.1 Information that you used to fill the forms when creating a purchase order or by contacting us (for example, by email or chat) and includes Data that you provide when registering to use our website, when purchasing any of our Products, search on the website, (sharing data via social media uses of the website) or (entering a contest, promotion or study) or (other activities jointly carried out in connection with the website) or when you report a problem if you contact us, we keep a record of these communications and your data provided to us may be included, but is not limited to, your name, civil ID, address, email address, phone number, IMEI device number, age, username, password, and other data, financial information, credit cards, personal data and a picture of you.
3.1.2 Data that we collect about you and your device: when you visit the Website, we collect the following data about you automatically each time:
- Technical information, including (the type of mobile device you are using) (the UDID (for example, the IMEI number of your device, the access control address of the medium of the device’s wireless network interface or the mobile phone number used in the device) and (mobile network data) (your mobile operating system) (the type of mobile browser you are using) (time zone settings) and (other information) (device information)
- Details of your use or visits to the Website including but not limited to (logging in data), (internet access data) and other contact data necessary for our billing purposes or otherwise (resources you access) (login information).
- Location Information: We also use (geo-location technology, GPS) or (other technical means to determine your current location. Some of our website services require your personal data in order to activate the website features. If you want to use a particular feature, you will be asked to consent to the use of your data for this purpose, and you may cancel your consent at any time.
- The Information and data that we receive from other sources (Third Party Information): We work closely with third parties (including, for example, business partners, subcontractors of technical services, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies). As we may inform you when we receive any information or data about you from them and the purposes for which we intend to use that information.
- Unique Location Numbers: When installing or uninstalling a service that contains a unique location number or when that service searches for automatic updates, this number and installation information, e.g. operating system type, may be sent to us.
Disclaimer: We may associate any two categories of information or more to be treated together as personal data in accordance with this policy for as long as it is combined.
3.1.3 You agree that we may disclose your personal data to any member of our group, which includes our subsidiaries, our major holding company and its subsidiaries.
3.1.4 Your personal data may be disclosed to third parties, if:
- We buy or sell any business or assets and in this case we will disclose your personal data to the prospective seller or purchaser of such business or assets.
- Another party acquires Boom Auto Parts or a large part of all of its assets, in this case the personal data that we hold about the company’s clients is considered one of the transferred assets.
- We are required to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
3.2 Cookie (tracking log)
4. Access and Interference
The website contains automatically excluded pages, much of the information on the website is subject to real-time update and is owned or licensed to Boom Auto Parts by our users or third parties, so you agree that you will not use any spider and automated exclusion or a scraper or any other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not (i) take any action that, in our sole discretion, imposes an unreasonable or disproportionately large burden on our infrastructure or (ii) copy, reuse, modify, create derivative works, distribute or display any public content (except for your information) from the Website without the express prior written permission of Boom Auto Parts and the competent third party as necessary or (iii) interfere or attempt to interfere with the proper working of the Website or any activities used on the Website or (iv) Bypassing our automated page exclusion or other measures we may use to prevent or limit access to the Website.
Without prejudice to other remedies, we may limit your activity, immediately warn our group of your acts, issue a warning, temporary suspension or terminate your membership indefinitely and refuse to provide our services to you if: (a) you breach this Agreement or the documents of which it contains as a reference; or (b) We are unable to verify or document any information you provide to us or (c) believe that your acts may cause financial loss or legal liability to you, our users or us.
7. Limitation of Liability
In no event shall we, our affiliates, officers, directors, employees or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this website (including negligence).
You agree to compensate us and hold us or our parent company, affiliates, associates, officers, directors, agents or employees from any claim or lawsuit, including attorneys’ fees that may submitted by any third party due to or in connection with your breach of this Agreement or the Documents that you included them as a reference or your violation of any law or the rights of a third party.
Any notices shall be given via our e-mail and in the event that Boom Auto Parts wishes to provide you with a notification, it is intended to be sent to the e-mail you provided in your contact details except as otherwise expressly provided in this Agreement.
10. Dispute Settlement
The provisions of this Agreement are governed by the laws of the State of Kuwait and the Kuwaiti Courts shall hear any dispute arising during or after the termination of this Agreement.
11. General Provisions
11.1 We do not ensure continuous, uninterrupted, or secure access to our Services, and the operation of the Website can be interfered with by many factors beyond our control.
11.2 If any provision of this Agreement is deemed invalid or unenforceable, that provision shall be canceled, and the remaining provisions shall be enforced.
11.3 You agree that this Agreement and all incorporated agreements may be automatically assigned by Boom Auto Parts in accordance with clause 10 “Notices” at our reasonable discretion and the headings are used for reference purposes only and do not specify, limit, interpret or describe in any way the scope of this clause.
11.4 Our failure to act with respect to your or a third-party breach shall not be deemed as a waiver for our right to take such action with respect to subsequent or similar breaches.
11.5 This Agreement contains the entire understanding and agreement between us with respect to the subject matter of this Agreement.