Terms and Conditions
Welcome to BombKala
1. Introduction
BombKala is an online store offering a wide range of products and services to customers worldwide. We are committed to providing our customers with a safe, enjoyable, and satisfying shopping experience.
By using our website, you agree to be bound by these terms and conditions (“Terms”). These Terms apply to all users of the website, including, without limitation, browsers, buyers, and content users (“Users”).
If you do not agree with these Terms, please do not use the website.
Terms of Use for BombKala
Purpose of These Terms
These terms of use for BombKala (“Terms”) govern your use of the website www.bombkala.com (“Website”) and related services provided by Adab Squad Customer Services Inc (“Company”).
By using the Website, you agree to comply with all the terms and conditions of these Terms, including our Privacy Policy and Cookie Policy.
If you do not agree with these Terms, please do not use the Website.
Eligibility
You must be at least 18 years old and legally eligible to use the Website. By using the Website, you confirm and warrant that you are legally authorized to enter into these Terms and to use the Website in accordance with these Terms.
Registration
To use certain features of the Website, you may need to create an account. You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account. You must promptly report any unauthorized activity on your account to us.
Access and Use of the Website
You may use the Website only for personal and non-commercial purposes. You are not permitted to use the Website in any manner that is unlawful, harmful, deceptive, or fraudulent. You are also not permitted to use the Website in a way that damages or disrupts the Company’s networks or infrastructure or those of any third party.
Content
The Website may include content provided by the Company or third parties (“Content”). This Content may include text, images, video, audio, and other materials. You are not authorized to use any of the Website’s Content without the prior written consent of the relevant Company.
Intellectual Property
The Website and all its Content are the intellectual property of the Company or its licensors. You are not permitted to copy, reproduce, distribute, display, create derivative works from, or otherwise use the Website or its Content without the prior written consent of the Company or its licensors.
Links
The Website may contain links to other websites or resources. The Company is not responsible for these websites or resources. You should not link to any website that contains unlawful, harmful, deceptive, or fraudulent content.
Disclaimer
The Website and its Content are provided “as is” and without any warranties. The Company makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the Website or its Content, including but not limited to damages for loss of data or profits, or business interruption, even if the Company has been advised of the possibility of such damages.
Termination
The Company may suspend or terminate your access to the Website at any time and without prior notice, for any reason. You may also terminate your use of the Website at any time and without prior notice.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of international e-commerce. Any disputes arising in connection with these Terms will be resolved exclusively in the courts of the jurisdiction where the breach occurred.
Miscellaneous Provisions
These Terms constitute the entire agreement between you and the Company regarding the Website and supersede any prior or contemporaneous agreements or understandings between you and the Company regarding the Website. The Company may amend these Terms at any time without prior notice.
Contact Information
If you have any questions about these Terms or anything related to BombKala, you can contact us as follows:
Email: support@bombkala.com
Phone: +1 416 83 10 100
Phone: +98 921 2 548 548
Definitions
In these Terms, the following terms and phrases have the following meanings:
“Account”: A personal account created by a User on the Website.
“Content”: Any text, image, video, audio, data, or other material uploaded, posted, or shared on the Website by BombKala or Users.
“Products”: Goods and services offered for sale by BombKala on the Website.
“Order”: A request to purchase one or more Products from BombKala.
“Website”: The website located at www.bombkala.com
Interpretation and Binding Effect
These Terms will be interpreted and enforced for the benefit of BombKala and its successors and authorized assigns. By using the Website, you acknowledge that you have read, understood, and agree to be fully and unconditionally bound by these Terms. You agree to comply with all applicable laws and regulations governing the use of the Website, including local, state, and federal laws.
BombKala reserves the right to update these Terms at any time without prior notice. The updated version of these Terms will become effective upon posting on the Website. You are responsible for regularly reviewing the Website to check for any changes to these Terms. By continuing to use the Website after any changes, you signify your agreement to the updated Terms.
If you do not agree with any changes to these Terms, you should stop using the Website.
2. Your Account
Creating an Account
To use certain features of the website, such as purchasing products or posting comments, you must create an account. Creating an account is free and takes only a few minutes.
To create an account, you must provide at least the following information:
– Full Name: Enter your full name in Persian.
– Email Address: Enter a valid email address that you have access to.
– Password: Create a strong and unique password for your account.
– Address: Enter your postal address in Persian.
– Phone Number: Enter your phone number along with the country code.
You may also register on BombKala using your social media accounts, such as Facebook or Google.
After creating your account, you can log in to the website using your username and password.
BombKala reserves the right to refuse the creation of an account by any individual or group at its sole discretion.
Account Information
When creating an account, you must provide the following information:
– Full Name: Enter your full name.
– Email Address: Enter a valid email address that you have access to. This email address will be used for account login, receiving notifications, and other communications from BombKala.
– Password: Choose a strong and unique password for your account. Your password must be at least 8 characters long and include uppercase and lowercase letters, numbers, and symbols.
– Date of Birth: Enter your date of birth in the format dd/mm/yyyy. This information is used to verify your age and ensure that you are eligible to use the website.
– Address: Enter your postal address. This information is used for shipping orders and billing.
You may also add additional information to your account, such as:
– Phone Number: Enter your phone number so that BombKala can contact you if necessary.
– Alternative Shipping Addresses: Add alternative shipping addresses to send orders to different locations.
– Preferences: Customize your preferences for items such as language, currency, and payment method.
You are responsible for keeping your account information accurate, complete, and up to date. If your information is incorrect or incomplete, you may not be able to use the website properly, or BombKala may not be able to provide you with services.
You must keep your password confidential and not share it with anyone. BombKala will never ask for your password via email, text message, or phone call. If you believe your password has been compromised, you should change it immediately.
You can edit your account information at any time by logging into your account and clicking on “Account Settings.”
You may also delete your account at any time by submitting a written request to support@bombkala.com.
Account Security
You are responsible for maintaining the confidentiality of your account information and all activities that occur under your account. You agree to keep your account information accurate and up to date. You must promptly notify BombKala of any unauthorized use of your account or any other security breaches.
BombKala will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account information or comply with these terms.
To help keep your account secure, please follow these precautions:
– Use a strong and unique password for your account. Your password should be at least 8 characters long and include a combination of uppercase and lowercase letters, numbers, and symbols.
– Do not share your password with anyone.
– Use a trusted computer and network.
– Log out of your account when you are away from your computer.
– Keep your antivirus and anti-malware software up to date.
BombKala may require you to verify your identity to ensure the security of your account. This may include asking you to provide personal information such as your name, address, and phone number. BombKala will use this information solely for identity verification purposes and will not share it with any third party.
BombKala reserves the right to suspend or delete your account at any time without prior notice. This may occur in the event of a violation of these terms by you, engagement in illegal or suspicious activities, or prolonged inactivity of your account.
3- Orders and Payment
Product and Service Search
BombKala offers a wide range of products and services to its customers. You can search for products using the search bar at the top of the website’s homepage or by browsing various product categories. When searching for products, you can use filters to narrow your results based on various criteria such as price, brand, color, size, and more. You can also use customer ratings and reviews to help select the right product.
Adding Products to Cart
Once you find a product you wish to purchase, you can add it to your shopping cart. To add a product to your cart, click the “Add to Cart” button. After adding products to your cart, you can review your cart by clicking the “Cart” button in the top right corner of the page. In your cart, you can adjust the quantity of each product and remove any unwanted items. To proceed with the purchase process, click the “Proceed to Checkout” button.
Secure Transactions
BombKala is committed to providing a safe and secure shopping experience for its customers. All transactions are encrypted and protected by a secure payment processor. We offer a wide range of payment methods for your selection, including credit and debit cards, PayPal, and bank transfers. Upon completing the payment process, a confirmation email will be sent to you. Your order will be processed after payment confirmation is received. You can check your order status at any time by logging into your account and clicking on the “My Orders” tab.
Order Cancellation
BombKala reserves the right to cancel any order it believes to be suspicious or fraudulent. If your order is canceled, we will notify you via email and refund your payment through the original payment method used.
Adding to Cart
Selecting Products
To add a product to your cart, first locate it on the website. You can search for products using the search bar, categories, or filters. Once you find the desired product, click the “Add to Cart” button.
Viewing Cart
After adding a product to your cart, you can view your cart by clicking the “Cart” button in the top right corner of the page. Your cart will display a list of all products added, including their quantities, prices, and total amount.
Updating Cart
You can update the quantity of any product in your cart at any time. To do this, simply enter the desired quantity in the appropriate box next to each product and then click the “Update” button. You can also remove any product you no longer want by clicking the “Remove” button.
Proceeding to Checkout
Checkout Process
When you are satisfied with your cart contents, you can proceed to checkout by clicking the “Proceed to Checkout” button. At this stage, you will need to enter your shipping and billing information and select your payment method.
Payment Terms and Conditions
Before submitting your order, you must read and accept the payment terms and conditions. The payment terms and conditions detail information regarding accepted payment methods, return and refund policies, and other payment-related conditions.
Completing the Order
After confirming your payment information, you can finalize your order by clicking the “Complete Order” button. Once your order is completed, a confirmation email will be sent to your email address. This email will contain your order details, including order number, order date, shipping address, payment information, and product details.
Important Notices
BombKala reserves the right to modify any product displayed on the website without prior notice, including price, availability, and specifications. BombKala is not responsible for any errors or omissions in product information. BombKala reserves the right to cancel your order or refuse to process it, even if the order has been confirmed, for reasons including, but not limited to, out of stock items, payment issues, or violations of these terms.
You are responsible for all shipping costs and taxes associated with your order.
Completing the Purchase Process
Finalizing Purchase
After adding products to your cart, you can complete the purchase process by clicking the “Cart” button. In the cart, you can review and adjust the quantity of each product as needed. You can also apply discount or gift codes. To continue with the purchase process, click the “Proceed to Checkout” button. At this stage, you will need to enter your shipping and payment information.
Shipping Information
– Full Name
– Postal Address
– Phone Number
– Email Address
Payment Information
– Payment Method (Credit Card, PayPal, etc.)
– Credit Card Information (Card Number, Expiration Date, Security Code)
After entering your information, click the “Pay” button.
Important
By clicking the “Pay” button, you confirm and declare that all information provided by you is accurate and complete. You also confirm that you fully and unconditionally adhere to these terms and conditions as well as BombKala’s privacy policy.
After your payment is confirmed, a confirmation email will be sent to your email address. This email will contain your order details, including order number, order date, shipping address, payment information, and product details.
Please Note
BombKala reserves the right to cancel any order suspected of fraud or deceit. BombKala reserves the right to change product prices at any time without prior notice. BombKala is not responsible for delays or failures in delivery due to factors beyond its control, such as natural disasters, strikes, or transportation issues.
For any questions or issues related to the purchase process, you can contact us through:
– Email: support@bombkala.com
-Phone: +1 416 83 10 100
-Phone: +98 921 2 548 548
Orders and Payments
Payment Methods
BombKala offers a wide range of secure payment methods, including:
– Credit Cards: Visa, MasterCard, American Express, Discover
– Debit Cards: Visa, MasterCard, PayPal, Bank Account
– Online Payment
All online payments are processed by a secure and reputable payment service provider. All your payment information is encrypted and secure. BombKala does not store any of your payment information.
Payment on Delivery
For orders over $10,000, you can pay by cash or card upon delivery. Payment on delivery is available only for orders within Canada.
Payment Confirmation
After making a payment, you will receive a confirmation email. If your payment is not confirmed, you will be notified and can try an alternative payment method.
Taxes and Duties
All applicable taxes and duties will be automatically calculated in your shopping cart.
You are responsible for paying all taxes and duties associated with your order.
Refunds
For more information about our refund policy, please refer to the Refund Policy section.
Security
BombKala is committed to protecting your payment information.
We use the latest security technologies to safeguard your information against unauthorized access, misuse, and disclosure.
Order Confirmation and Shipment
Order Confirmation
Upon completing the purchase and payment process, you will receive an order confirmation email from BombKala. This email will include the following information:
– Order number
– Order date
– Details of the product(s) ordered
– Total order price
– Shipping information
– Payment information
Please review your order confirmation email carefully and contact us immediately if there are any discrepancies.
Order Shipment
BombKala strives to process and ship orders as quickly as possible. The processing and shipping time for an order depends on various factors, including product type, stock availability, and shipping address.
You can check the status of your order at any time by logging into your account and clicking on “My Orders.”
BombKala ships orders via a reputable shipping company. You will receive a shipping notification email with tracking information, allowing you to monitor the shipping status of your order.
BombKala is not responsible for shipping delays caused by factors beyond our reasonable control, including natural disasters, strikes, weather conditions, and security policies.
Order Delivery
Orders are typically delivered within 25 business days of shipment. However, delivery to remote areas may take longer, and delivery times may vary depending on the type of product.
You must receive your order at the shipping address specified in your order. If you are not present at the time of delivery, your package may be transferred to another location by the shipping company or additional charges may be applied to you.
You are responsible for inspecting the condition of your package upon delivery. If the package is damaged, please contact the shipping company and BombKala immediately.
BombKala is not responsible for theft or loss of packages after delivery.
Shipping and Delivery
BombKala makes every effort to deliver your orders promptly and completely. The estimated delivery time for each product is listed on the product detail page.
Please note that the estimated delivery time is subject to various factors, including:
– **Your Location:** Orders to distant destinations may take longer to deliver.
– **Weather Conditions:** Adverse weather conditions may cause shipping delays.
– **Holidays:** Orders may be delayed during holiday periods.
– **Product Availability:** If a product is out of stock, additional time may be required for delivery.
BombKala ships your orders through a reputable shipping company. You can check the status of your order at any time by logging into your account and clicking on “My Orders.”
Once your order has been shipped, BombKala will send you a shipping confirmation email, including your tracking number. You can use this number to track your order on the shipping company’s website.
BombKala is not responsible for shipping delays caused by factors beyond its control.
Shipping Costs
The shipping cost for each order is based on:
– **Your Location:** Orders to more distant destinations may incur higher shipping costs.
– **Package Weight and Dimensions:** Larger and heavier packages may incur higher shipping costs.
– **Shipping Method:** Faster shipping methods may incur higher costs.
BombKala will display the estimated shipping cost for your order at checkout.
You can review the shipping cost before completing your purchase.
Shipping Address
When placing an order, please enter your correct shipping address.
BombKala is not responsible for non-delivery of orders due to incorrect shipping addresses.
Delivery
When receiving your order, please provide valid identification and sign the delivery receipt.
If you are not at home at the time of delivery, the shipping company may attempt to deliver it to another address or leave it at a postal facility for your pickup.
BombKala is not responsible for packages lost or stolen after delivery.
Returns and Refunds
BombKala is committed to providing high-quality products and excellent customer service. However, we understand that you may occasionally need to return or exchange a product.
This return and refund policy is designed to inform you of your rights and obligations regarding the return or exchange of products purchased from our website.
You can read the rules and regulations related to returns and refunds on the relevant page.
By purchasing, you confirmed that you have read and accepted all the rules. If you do not agree with our terms, please discontinue using the website.
Order Cancellation
You can cancel your order at any time before it has been completed and shipped by us. To cancel your order, you must contact us via email or phone provided.
Your cancellation request should include the following information:
– Your order number
– Your full name
– Your email address
– Your reason for cancellation
We will review and process your cancellation request as soon as possible. If your order has not yet been shipped, we will cancel it and refund all amounts paid to your original payment method.
Please note that we may not be able to cancel your order if:
– Your order has already been shipped.
– You ordered a custom or personalized product.
– You have already paid for your order.
If cancellation of your order is not possible, we will inform you and explain the reasons.
In the event of cancellation by you, we may impose cancellation fees to cover the costs of processing your order and refunding your payments.
Cancellation fees will vary by order and will be notified to you prior to order cancellation.
We reserve the right to cancel any order that is suspected of fraud or illegal activity.
Pre-Orders and Future Orders
BombKala may offer certain products or services for pre-order or future order. The terms and conditions for pre-orders and future orders may differ from those for other products and services.
If you pre-order or place a future order for a product or service, you agree to comply with the pre-order or future order terms and conditions provided at the time of purchase.
In general, the terms and conditions for pre-orders and future orders may include the following:
– **Estimated Delivery Date:** BombKala provides an estimated delivery date for the product or service you pre-order or future order. However, the estimated delivery date may change due to various factors, including weather conditions, shipping delays, and raw material shortages. BombKala is not responsible for delivery delays caused by these factors.
– **Order Cancellation:** BombKala may allow you to cancel your pre-order or future order before the estimated delivery date. However, a cancellation fee may apply.
– **Returns and Refunds:** BombKala may have a different return and refund policy for products or services that you pre-order or future order. Please refer to the pre-order or future order terms and conditions provided at the time of purchase for more information.
– **Pricing:** The price of products or services that you pre-order or future order may change before the estimated delivery date. BombKala will notify you of any price changes and give you the opportunity to cancel your order or accept the new price.
4. Pricing and Payment
Pricing
All prices listed on the BombKala website are in the currency of the buyer’s country unless explicitly stated otherwise. BombKala reserves the right to change its product prices at any time without prior notice. The prices applicable at the time of order placement are the prices that will apply to that order. Products may be subject to additional taxes and duties, which will be shown at the time of payment and are the responsibility of the buyer.
BombKala supports various payment methods, including credit cards, debit cards, and PayPal. Your payment information is securely stored and never shared with third parties.
Taxes and Duties
Taxes and duties are applied in accordance with local, state, and federal laws. The customer is responsible for paying all taxes and duties related to their order, including, but not limited to, sales tax, use tax, value-added tax (“VAT”), and customs duties.
BombKala strives to provide an accurate estimate of the taxes and duties applicable to your order. However, these estimates may not be precise and may vary due to factors such as local tax rates, shipping address, and the type of products ordered. The customer is responsible for paying any taxes or duties not anticipated by BombKala. BombKala assumes no liability for any taxes or duties assessed by governmental authorities.
If you have any questions regarding the taxes or duties related to your order, please contact BombKala.
Payment Methods
BombKala offers a wide range of secure and convenient payment methods for your selection:
– **Credit Cards:** We accept all major credit cards such as Visa, Mastercard, American Express, and Discover.
– **Debit Cards:** You can use your debit cards for payment on our website.
– **PayPal:** You can use your PayPal account for payment on our website.
– **Bank Transfer:** You can transfer funds to our bank account using a bank transfer.
– **Payment Gateways:** We utilize payment gateways to facilitate online transactions.
All your payment information is securely encrypted. BombKala never shares your payment information with any third parties.
Payment Security
BombKala is committed to protecting your payment information during online transactions. We use several security measures to keep your information safe, including:
– **Encryption:** All your payment information is encrypted using SSL (Secure Sockets Layer) encryption before being transmitted over the internet. This means that even if hackers intercept your information, they cannot read or use it.
– **Tokenization:** We use tokenization to protect your credit card information from data breaches. Tokenization replaces your actual credit card number with a unique identifier called a token. This means that even if hackers access our database, they cannot steal your actual credit card number.
– **Authentication:** We use various authentication methods to verify your identity and prevent unauthorized transactions. This may include asking you to enter a password, answer a security question, or confirm the transaction via phone or email.
– **Monitoring:** We constantly monitor our systems for suspicious activity and take action if we detect any unusual behavior.
We adhere to the highest industry standards to protect your information. We use a third-party security company to verify our compliance with PCI DSS (Payment Card Industry Data Security Standard). PCI DSS is a set of security standards designed to protect credit card information from fraud and misuse.
BombKala is committed to providing a safe and secure shopping experience for you. We protect your payment information from unauthorized access, use, disclosure, alteration, or destruction.
In the event of any security issue, we will notify you and take the necessary steps to resolve the problem. We also encourage you to take measures to protect your information. Here are some tips:
– Use a strong and unique password for your BombKala account. Do not share your password with anyone and change it regularly.
– Protect your computer and network from malware and viruses.
– Be cautious when conducting online transactions. Only purchase from websites you trust and that have an SSL security certificate.
– Regularly check your bank statements to ensure there are no unauthorized transactions.
By following these tips, you can help protect your information from fraud and identity theft. If you have any questions about your payment security, please contact us.
5. Use of BombKala Trademarks
BombKala is the exclusive owner of all trademarks, service marks, trade names, and logos (“Trademarks”) displayed on the website, unless explicitly stated otherwise. These Trademarks include, but are not limited to, the name and logo of BombKala, as well as all names, titles, slogans, images, and symbols associated with BombKala’s products and services.
You do not have the right to use any of BombKala’s Trademarks without BombKala’s explicit prior written consent. Any unauthorized use of BombKala’s Trademarks constitutes a violation of BombKala’s intellectual property rights and may result in legal action.
You are authorized to use BombKala’s Trademarks as follows:
– To identify products or services purchased from BombKala.
– To write reviews or testimonials about BombKala’s products or services.
– To share BombKala’s website content on social media or other websites, provided that such sharing does not harm or tarnish BombKala or its products and services.
You are not authorized to use BombKala’s Trademarks as follows:
– In any of your own trademarks or trade names.
– In any advertising or marketing materials that promote your products or services.
– In a manner that implies an affiliation with or endorsement by BombKala, explicitly or implicitly.
– In a fraudulent or misleading way that presents itself as BombKala’s Trademarks.
– In any manner that damages or tarnishes BombKala or its products and services.
If you are unsure whether your use of BombKala’s Trademarks is permitted, please contact BombKala prior to any use.
BombKala reserves the right to revoke your permission to use its Trademarks at any time and without prior notice.
Additionally, BombKala reserves the right to take all necessary legal actions to protect its intellectual property rights, including its Trademarks.
6. Respect for the Intellectual Property Rights of Others
You are committed to respecting the intellectual property rights of others, including trademarks, copyrights, patents, and other intellectual property rights. This includes, but is not limited to, the following:
– Not copying, reproducing, distributing, publicly displaying, or creating derivative works from copyrighted content without the permission of the copyright holder.
– Not using others’ trademarks or trade names without their authorization.
– Not infringing on others’ patents or other intellectual property rights.
**You also agree not to upload, post, or share any content on the website that:**
– Is illegal, harmful, threatening, abusive, defamatory, discriminatory, or unfair.
– Violates the privacy or rights of others.
– Contains viruses, malware, trojans, or other malicious code.
– Is illegal or inappropriate for children.
BombKala reserves the right to remove any content that appears to infringe on the intellectual property rights of others or violates these terms, without prior notice.
You may also be liable for damages and costs resulting from any infringement of the intellectual property rights of others.
7. Disclaimer
General Disclaimer
BombKala assumes no responsibility for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or relating to your use of the website or its content, including but not limited to damages for loss of profits, loss of data or use, or interruption of business, even if BombKala has been advised of the possibility of such damages.
This general disclaimer includes, but is not limited to, the following:
– Your use of the website, even if BombKala has been advised of the use for a specific purpose.
– Your inability to use the website.
– Any error or defect in the website.
– Any deletion, theft, alteration, or disclosure of your information or data from the website.
– Any virus, worm, trojan horse, malicious code, or other harmful content encountered on the website.
– Any error or defect in the content of the website.
– Any delay or non-performance of the website.
– Any claim, demand, or damage arising from or related to your use of the website content.
You fully and unconditionally accept responsibility for any damages or losses incurred by yourself or any third party as a result of your use of the website or its content.
BombKala does not provide any warranties that the website or its content will be error-free or uninterrupted. To the maximum extent permitted by law, BombKala disclaims all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
BombKala assumes no liability for any damages or losses that may arise from your use of the website or its content, including but not limited to damages for loss of profits, loss of data or use, or interruption of business, even if BombKala has been advised of the possibility of such damages.
Content Disclaimer
BombKala assumes no responsibility for any content uploaded, posted, or shared by users on the website. This includes, but is not limited to, comments, ratings, images, videos, and other materials.
Users are responsible for their own content, and BombKala exercises no control over it. BombKala does not review user content for accuracy, completeness, or legality. BombKala may remove or edit any user content at any time without prior notice if it appears inappropriate or offensive.
Users agree to indemnify and hold BombKala harmless from any claim, loss, or damage arising from or related to user content, including but not limited to defamation, libel, infringement of intellectual property rights, or invasion of privacy.
Users also agree to indemnify and hold BombKala harmless from any claim, loss, or damage arising from or related to the use of user-generated content by others, including but not limited to infringement of intellectual property rights or invasion of privacy.
BombKala may contain links to third-party websites. BombKala has no control over the content of third-party websites and assumes no responsibility for such content. BombKala is not responsible for the content of any third-party website linked to it and does not provide any warranties regarding such content, including but not limited to accuracy, validity, completeness, timeliness, legality, or suitability for any particular purpose.
Users assume full responsibility for any risks associated with accessing or using any third-party website linked to BombKala.
External Links Disclaimer
The website may include links to third-party websites (“external links”). BombKala has no control over the content of external websites and assumes no responsibility for such content. BombKala explicitly disclaims any claims or warranties regarding the content of external websites, including but not limited to accuracy, validity, completeness, timeliness, legality, or suitability for any particular purpose.
BombKala assumes no liability for any damages or losses that may arise from your access to or use of any external website, including but not limited to any virus, malware, trojan horse, malicious code, or other harmful content encountered on external websites.
A link to an external website does not imply endorsement or approval of that website by BombKala. BombKala encourages you to exercise caution and conduct your own research before clicking on any external links and accessing any external websites.
You are fully responsible for any risks associated with accessing or using any external website.
Additional tips for safe browsing when clicking on external links are provided here:
– Verify the website address before clicking on the link. Look for suspicious signs such as incorrect spelling or random letters.
– Avoid clicking on links from unknown or untrustworthy sources.
– Be cautious of emails or text messages containing external links, as they may be deceptive and lead you to fraudulent websites.
– Use up-to-date antivirus and anti-malware software.
– Keep your web browser’s security settings updated.
By following these tips, you can reduce the risk of malware, data theft, or other online threats when clicking on external links.
Disclaimer for Errors and Defects
BombKala does not provide any warranty regarding the accuracy, completeness, or timeliness of the information available on the website.
BombKala may change the content of the website at any time without prior notice.
BombKala disclaims any responsibility for any errors or defects in the content of the website, including but not limited to typographical errors, factual errors, or omissions, or any errors or defects arising from or related to the use of the website, including but not limited to damage to your computer system or loss of data, or any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to the use of the website, including but not limited to loss of profits, loss of use, loss of data, or replacement of goods or services, or business interruption, even if BombKala has been advised of the possibility of such damages, regardless of the theory of liability, whether in contract, warranty, tort (including negligence), or strict liability, even if BombKala has been informed of the possibility of such damages.
BombKala assumes no responsibility for the content of third-party websites accessible through links on the website.
BombKala assumes no responsibility for the performance of the website in connection with any particular browser or device.
You are responsible for ensuring the compatibility of your computer equipment with the website and for using appropriate security software and keeping it updated.
Disclaimer for Service Interruptions
BombKala assumes no responsibility for any interruption or unavailability of the website, including but not limited to:
Power outages or other infrastructure failures.
Technical issues with website hardware or software.
Actions of third parties, such as hacker attacks or DDoS attacks.
Natural disasters or other events beyond our control.
BombKala makes every effort to keep the website available 24/7. However, BombKala does not guarantee uninterrupted service.
BombKala may take the website offline for maintenance or updates at any time without prior notice. BombKala strives to minimize service interruptions but does not guarantee the duration of any interruption.
You agree that BombKala shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to any service interruption, including but not limited to damages resulting from loss of profits, loss of data or use, or business interruption, even if BombKala has been advised of the possibility of such damages.
This disclaimer benefits BombKala and its authorized successors and representatives.
Disclaimer for Events Beyond Our Control
BombKala assumes no responsibility for damages or losses resulting from events beyond our reasonable control. These events may include, but are not limited to:
Natural disasters: Floods, earthquakes, storms, fires, etc.
War, riots, and social disturbances: Insurrection, strikes, terrorism, etc.
Power or telecommunication outages: Power failures, network failures, etc.
Government actions or authorities: New laws, regulations, seizures, etc.
Actions of third parties: Hacker attacks, data theft, etc.
In the event of any of these events, BombKala will make every effort to minimize the impact on its users. However, we make no commitment to take any specific action and shall not be liable for any damages or losses that may occur due to these events affecting you.
You acknowledge and accept our limitation of liability for events beyond our control.
Important Notes
This section clearly defines events beyond BombKala’s reasonable control.
This section explicitly states that BombKala assumes no responsibility for damages or losses resulting from these events.
This section reminds users to take actions to protect themselves from these events, such as backing up their data and insuring their property.
The tone of this section is authoritative and legal.
In addition to the above, you may want to include:
A more detailed list of events beyond your control.
Examples of how you have managed events beyond your control in the past.
Contact information for more information about your limitation of liability.
8. Limitation of Liability
BombKala shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to your use of the website or its content, including but not limited to damages resulting from loss of profits, loss of data or use, or business interruption, even if BombKala has been advised of the possibility of such damages.
This general limitation of liability includes, but is not limited to, the following:
– Your use of the website, even if BombKala has been informed of such use.
– Your inability to use the website.
– Deletion, corruption, or alteration of any content uploaded, transmitted, or shared by you or any third party on the website.
– Any virus, worm, Trojan horse, malware, or other harmful content that may be encountered during your use of the website.
– Any errors or defects in the website content.
– Any delay or failure in services provided by the website.
This general limitation of liability applies regardless of the theory of liability, including but not limited to contractual liability, strict liability, and negligence (including gross negligence), even if BombKala has been explicitly or implicitly informed of the possibility of such damages or has undertaken to compensate for them (including through insurance or otherwise).
Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Indemnification
BombKala shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to your use of the website or its content, including but not limited to damages resulting from loss of profits, loss of data or use, or business interruption, even if BombKala has been informed of the possibility of such damages.
This general limitation of liability applies regardless of the theory of liability, including but not limited to contract, tort (including negligence, including gross negligence), or strict liability, even if BombKala has been specifically informed of the possibility of such damages.
Some jurisdictions impose specific limitations or do not allow indemnification for indirect or consequential damages. In such jurisdictions, BombKala’s liability will be limited to the maximum extent permitted by law.
Specifically, BombKala shall not be liable under any circumstances for damages arising from or related to the following:
– Your use of the website or content, including but not limited to your inability to use the website or content, or any errors or defects in the website or content.
– Downloading or using any software, information, or other content from the website, including but not limited to any virus or malicious code that may harm your computer or data.
– Your use of any links to other websites or resources.
– Any action or inaction by third parties, including but not limited to any unlawful, threatening, harmful, defamatory, offensive, unfair, or distressing behavior or content by other users or third parties.
You acknowledge and agree that these limitations of liability are fair and reasonable.
You agree to indemnify BombKala from any claim, damages, liability, costs, or expenses (including legal fees) arising from or related to your use of the website or content, including but not limited to any breach of these terms by you.
BombKala reserves the right to join in any defense, action, or proceeding brought against it in relation to your use of the website or content, at its own expense, and to defend itself. You are obligated to provide BombKala with all information and assistance reasonably requested by BombKala in defense of such claims, actions, or proceedings.
Penalties
BombKala shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to your use of the website or its content, including but not limited to damages resulting from loss of profits, loss of data or use, or business interruption, even if BombKala has been informed of the possibility of such damages.
This general limitation of liability applies regardless of the theory of liability (including contract, warranty, negligence (including gross negligence), or any other liability theory), even if BombKala has anticipated or could anticipate such damages and even if the purpose of any limitation set forth in these terms is not fully achieved.
Some jurisdictions do not allow the disclaimer or limitation of incidental or consequential damages, so the above limitation may not apply to you.
In no event shall BombKala be liable for any damages whatsoever. This section includes damages arising from, but not limited to:
– Your use of the website or content.
– Your inability to use the website or content.
– Any errors or defects in the website or content.
– Any interruption or lack of access to the website or content.
– Any virus, malware, or other harmful code transmitted through the website or content.
– Any third-party claim related to your use of the website or content.
– Any problem with the type of services or goods provided by BombKala.
You agree to indemnify BombKala from any claim, damages, liability, costs, or expenses arising from or related to your use of the website or content, including but not limited to third-party claims, indemnity, legal fees, and court costs, and hold them harmless.
You agree to indemnify BombKala from any claim, damages, liability, costs, or expenses arising from or related to your breach of these terms, including but not limited to third-party claims, indemnity, legal fees, and court costs, and hold them harmless.
10- Termination
Termination by BombKala
BombKala reserves the right to terminate your account at any time and for any reason, without prior notice or liability. This includes, but is not limited to, the following circumstances:
Illegal or fraudulent activities: If BombKala determines that you have engaged in any illegal or fraudulent activities in connection with the website, your account may be terminated.
Violation of these terms: If BombKala determines that you have violated these terms, your account may be terminated.
Improper behavior: If BombKala determines that you have engaged in improper behavior towards other users or BombKala staff, your account may be terminated.
Non-use: If you do not use your account for an extended period of time, BombKala may terminate your account.
Other reasons: BombKala may terminate your account for any reason it deems appropriate.
If BombKala terminates your account, you will no longer have access to the website or its services. BombKala may also delete any content uploaded by you on the website.
You have the right to terminate your account at any time. To terminate your account, please contact BombKala at support@bombkala.com.
Termination of your account will not affect any liabilities or obligations arising prior to the termination.
11- Governing Law and Dispute Resolution
Governing Law
These terms and conditions shall be governed by the laws of international commercial law and shall be interpreted accordingly. Any dispute arising out of or related to these terms and conditions shall be resolved in the courts of the same country.
You agree to submit to the jurisdiction and venue of your own country’s courts or a court designated by BombKala for the resolution of any dispute arising out of or related to these terms and conditions. You agree not to bring any claims arising out of or related to these terms and conditions in any court other than those mentioned.
If any provision of the foregoing section is found to be unenforceable or void, such unenforceability or voidness shall be deemed separable from the preceding section and the remainder of the foregoing provisions shall remain in full force and effect.
You agree not to bring any claim related to these terms and conditions more than one (1) month after the date of the occurrence of the cause of action.
The foregoing section constitutes the complete agreement between the parties regarding the subject matter discussed herein and supersedes any prior or contemporaneous agreements or understandings, oral or written, between the parties regarding such subject matter.
Dispute Resolution
In the event of any dispute between you and BombKala regarding these terms or your use of the website, you and BombKala agree to first attempt to resolve the dispute amicably.
If the dispute cannot be resolved amicably, you and BombKala agree to resolve the dispute through final and binding arbitration conducted by an arbitrator appointed in accordance with the arbitration laws of that country.
Arbitration costs shall be shared equally between you and BombKala. Each party shall have the right to present evidence and arguments in the arbitration proceedings or to appoint a representative.
The arbitrator’s decision shall be final and binding upon both parties. Neither party shall have the right to appeal the arbitrator’s decision.
If arbitration is unsuccessful, either party may resort to the competent courts for dispute resolution.
You agree that any dispute arising out of or related to these terms or your use of the website shall be brought in your country and shall be governed by the substantive laws of your country, without regard to its conflict of laws principles.
You agree to submit to the exclusive jurisdiction and venue of the courts in your country of residence or federal courts located in Canada for the resolution of any dispute arising out of or related to these terms or your use of the website.
You agree not to bring any claim arising out of or related to these terms or your use of the website more than one (1) month after the cause of action arose.
You agree not to bring any claims arising out of or related to these terms or your use of the website on a class, representative, or multi-party basis.
You agree that any provisions in a class, representative, or multi-party action shall not be enforceable against you.
12- Arbitration
Agreement to Arbitrate
You and BombKala agree that any dispute or claim arising out of or relating to these terms or your use of the website (“Dispute”) shall be finally and exclusively resolved through binding arbitration administered by a single arbitrator. The arbitration shall be conducted in accordance with the arbitration rules of the arbitration association of the country of your residence. You and BombKala agree to submit to the exclusive jurisdiction of the arbitrator for the resolution of any disputes.
Initiating Arbitration
To initiate arbitration, you must send a written arbitration request to the other party. The arbitration request must include a detailed description of the dispute, your specific claim, and your request for damages.
Arbitration Process
Upon receiving the arbitration request, the arbitrator will contact you and BombKala to schedule a date and time for the arbitration hearing. The arbitration hearing will typically be held at a location near your residence. You and BombKala have the right to attend the arbitration hearing and present your evidence and arguments. The arbitrator may also question other witnesses and examine documents and evidence.
Arbitration Award
Following the conclusion of the arbitration hearing, the arbitrator will issue a written award. The arbitrator’s final and binding award shall be enforceable against you and BombKala. The arbitration award may include the award of damages to either party.
Arbitration Costs
Arbitration costs shall be divided in accordance with the arbitration rules. You and BombKala shall each be responsible for paying half of the arbitration costs. However, the losing party shall be responsible for paying all of their own attorney’s fees and witness expenses.
Failure to Attend
If you fail to attend the arbitration hearing without presenting a valid reason, the arbitrator may issue a default judgment in favor of the opposing party.
No Right to Appeal
Neither party shall have the right to appeal the arbitrator’s award.
Enforcement of Award
The arbitration award may be enforced in any court having jurisdiction.
Confidentiality
All aspects of the arbitration, including the arbitration request, arbitration hearing, and arbitration award, shall be confidential.
Severability
If any provision of the foregoing section is found to be unlawful or unenforceable, such provision shall be severed from this section, and the remainder of this section shall remain in full force and effect.
13- Additional Terms and Conditions
Modification of Terms and Conditions
BombKala reserves the right to update these terms and conditions at any time without prior notice. The updated version of these terms and conditions shall become effective upon publication on the website. You are responsible for regularly reviewing the website to be aware of any changes to these terms and conditions. By continuing to use the website after any such changes, you signify your agreement to the updated terms and conditions.
Reasons for Changes to Terms and Conditions
Changes in Laws: BombKala may update these terms and conditions to comply with new laws and regulations.
Business Changes: BombKala may update these terms and conditions to reflect changes in its business, such as adding new products or services.
Technological Changes: BombKala may update these terms and conditions to reflect changes in technology, such as updating its website.
Other Reasons: BombKala may update these terms and conditions for other reasons, such as improving user experience or resolving ambiguities in these terms and conditions.
Effects of Changes to Terms and Conditions
The updated terms and conditions shall apply to all users of the website.
Your use of the website after the updating of these terms and conditions shall constitute your acceptance of the updated terms and conditions.
If you do not agree with any changes to these terms and conditions, you should discontinue using the website.
Notification of Changes
BombKala may notify you of any changes to these terms and conditions via email, notice on the website, or other methods.
Your Rights
You have the right to be informed of these terms and conditions.
You have the right to review the updated terms and conditions.
You have the right to object to any changes in these terms and conditions.
You have the right to discontinue using the website if you object to any changes in these terms and conditions.
Your Responsibilities
You are responsible for regularly reviewing the website to be aware of any changes to these terms and conditions.
You are responsible for notifying BombKala if you do not agree with any changes to these terms and conditions.
You are responsible for discontinuing your use of the website if you do not agree with any changes to these terms and conditions.
Entire Agreement
These terms and conditions, together with all other policies and procedures published by BombKala on the website, constitute the entire agreement between you and BombKala regarding the subject matter of this agreement and supersede any prior or contemporaneous written or oral agreements between you and BombKala regarding the same subject matter.
No amendment or modification of these terms and conditions shall be effective unless it is in writing and signed by both parties.
If any provision of these terms and conditions is found to be unlawful or unenforceable, such provision shall be severed from these terms and conditions, and the remaining provisions shall remain in full force and effect.
Governing Law and Dispute Resolution
These terms and conditions shall be governed by the laws of [Country], and any dispute arising from or related to these terms and conditions shall be finally resolved by the courts of [Country], to the exclusion of any other jurisdiction.
You agree not to bring any claims against BombKala arising from or related to these terms and conditions except for damages arising from or related to your use of the website or your breach of these terms and conditions.
Enforceability
These terms and conditions are enforceable and binding upon you, BombKala, and their respective successors and assigns.
You may not assign or transfer any of your rights or obligations under these terms and conditions without the prior written consent of BombKala.
BombKala reserves the right to assign or transfer any of its rights or obligations under these terms and conditions to any other person or entity without prior notice.
These terms and conditions are for the benefit of you and BombKala and their respective successors and assigns and are not intended to confer any third-party beneficiary rights upon any other person.
Headings in these terms and conditions are for convenience only and have no effect on the interpretation or enforcement of these terms and conditions.
Failure by BombKala to declare a breach of these terms and conditions by you shall not be construed as a waiver of any subsequent or similar breach by you.
BombKala may update these terms and conditions at any time without prior notice. The updated version of these terms and conditions shall become effective upon publication on the website. You are responsible for regularly reviewing the website to be aware of any changes to these terms and conditions. By continuing to use the website after any such changes, you signify your agreement to the updated terms and conditions.
If you do not agree with any changes to these terms and conditions, you should discontinue using the website.
These terms and conditions are written in both English and Persian. In case of any discrepancies between the English and Persian versions and any translation into another language, the version as officially announced to the relevant person or organization in writing shall govern these terms and conditions.
Distinctness
If any provision of these terms is deemed illegal, void, or unenforceable, that provision will be severed from these terms, and the remaining provisions will continue to be valid and enforceable.
In case of any ambiguity or doubt regarding the interpretation or implementation of these terms, BombKala’s interpretation shall prevail.
No neglect or omission by BombKala regarding any breach of these terms shall constitute neglect or omission regarding subsequent or similar breaches.
No settlement or agreement between the parties, unless in writing and signed by both parties, shall be valid.
These terms constitute the entire agreement between the parties regarding the subject matter herein and supersede any prior oral or written agreements or understandings between the parties regarding the same subject matter.
These terms shall be interpreted and enforced in accordance with the laws of the originating jurisdiction.
Any dispute arising out of or related to these terms shall be finally and exclusively resolved by arbitration in accordance with the arbitration laws of that country.
The parties agree to waive the exclusive jurisdiction and venue of any court or other judicial authority with respect to any dispute arising out of or related to these terms.
These terms shall be construed and enforced for the benefit of BombKala and its successors and authorized representatives.
BombKala reserves the right to update these terms at any time without prior notice. The updated version of these terms will become effective upon posting on the website. You are responsible for regularly reviewing the website for any changes to these terms. By continuing to use the website after any changes, you agree to the updated terms.
If you do not agree with any changes to these terms, please discontinue using the website.
If you do not agree with any type of service provision, terms, or conditions of BombKala, please promptly cease using the website. Under no circumstances does BombKala assume responsibility for any damages or issues arising from users’ personal conditions. Additionally, BombKala does not assume any responsibility for the quality of products or services, acting solely as an intermediary in sales, receiving products from manufacturers or distributors, and delivering them to buyers.
Assignment
You do not have the right to assign any of your rights or obligations under these terms without the prior written consent of BombKala. BombKala may assign or transfer any of its rights or obligations under these terms without any restrictions. Any attempt to assign or transfer by you without BombKala’s prior written consent shall be void and of no effect.
Notification
BombKala may communicate with you through various methods, including:
– Email: We may send you emails for notifications regarding orders, user accounts, new products and services, promotions, and other BombKala-related information.
– Website notifications: We may post notifications and messages on our website to provide you with important information.
– Text messages: We may send text messages for notifications regarding orders, user accounts, promotions, and other BombKala-related information.
– Mail: We may send you letters for important information, such as legal documents or account-related announcements.
You can manage your communication preferences regarding how and when we contact you in your user account.
At any time, you can also contact BombKala to opt-out of receiving emails, text messages, or other marketing communications.
BombKala may update the rules and regulations regarding notifications at any time without prior notice. The updated version of these rules and regulations will become effective upon posting on the website. You are responsible for regularly reviewing the website for any changes to these rules and regulations. By continuing to use the website after any changes, you agree to the updated rules and regulations.
If you do not agree with any changes to these rules and regulations, please discontinue using the website.
14. Violations and Offenses
Violation by User
In the event of any violation of these terms by the user, BombKala may take the following actions:
**Warning:** BombKala may provide the user with a warning regarding the violation and an opportunity to rectify it.
**Suspension:** BombKala may temporarily or permanently suspend the user’s account.
**Termination:** BombKala may terminate the user’s account completely.
**Legal Action:** BombKala may take legal action against the user to remedy damages resulting from the violation.
Preservation of BombKala’s Rights
Nothing in these terms shall be construed as a waiver or forfeiture of BombKala’s intellectual property rights. BombKala reserves all rights to its website, its content, and its trademarks, including the right to modify or delete any of them without prior notice.
Indemnification
You agree to indemnify BombKala against any claim, loss, liability, cost, and expense (including legal fees) arising from or related to your use of the website, including but not limited to:
– Your breach of these terms
– Your breach of any law or regulation
– Any third-party claim regarding your use of the website
General
These terms constitute the entire agreement between you and BombKala regarding the subject matter herein and supersede any prior oral or written agreements or understandings between you and BombKala regarding the same subject matter.
No waiver or delay in exercising any right or obligation by either party under these terms shall be construed as a waiver or omission of that right or obligation.
If any provision of these terms is determined to be unenforceable or void, such provision shall be severed from these terms to the extent of its unenforceability or voidness, and the remaining provisions shall remain in full force and effect.
These terms shall be governed and construed in accordance with international laws, regardless of conflicts of laws principles. Any dispute arising out of or related to these terms shall be exclusively adjudicated in competent courts located in the same country.
You consent to the exclusive jurisdiction and venue of such courts in the country of your residence or as designated by BombKala for the resolution and adjudication of any such dispute, and you agree to the exclusive competence and jurisdiction of those courts to hear any such dispute.
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Latest Update: 21-Jun-2024