USER AGREEMENT AND POLICIES


Please read this page carefully. It sets out the terms by which you use Going Going Bike and our privacy policy.


USER AGREEMENT

Introduction

Welcome to Going Going Bike.  This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the services available from our website www.goinggoingbike.com (which includes but is not limited to goinggoingbike.co.uk) (our site). In order to view or use any of the services provided by Going Going Bike, you must read and accept all of the terms and conditions in, and linked to this Agreement. We recommend that you read the linked information. This User Agreement constitutes a legally binding agreement between you and Going Going Bike.


Information about us

www.GoingGoingBike.com is a site operated by Going Going Bike LLP (we).  We are registered in England and Wales under limited liability partnership number OC354228 and have our registered office and main trading address at 19 Ebury Street, London SW1W 0LD. Our VAT number is 992 4303 09.


We are a limited liability partnership company and you can get in touch with us via our Contact Us form.


Accessing our site

You may not use our site and services if you are under the age of eighteen, you are not able to form legally binding contracts, or if your Going Going Bike account has at any time been suspended.

 

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.


From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.


If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.


You warrant that you have provided complete, accurate and current personal information when registering as a member of Going Going Bike. You must maintain and update your personal information held by Going Going Bike to ensure it is kept current at all times. Going Going Bike may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Going Going Bike's discretion, you may create a business membership in addition to your personal membership.

 
Going Going Bike reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Going Going Bike may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all or some of their aliases disabled.

 

Going Going Bike may send you emails relating to your membership, transactions and other activities on the site, and for promoting and marketing other Going Going Bike products and services to you. Going Going Bike may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

 

When using our site, you must comply with the provisions of our acceptable use policy (see below). In addition while using our site you will not:


  • post, list or upload content or items in an inappropriate category or areas on our sites;
  • breach any laws, sell or list any stolen bikes or other stolen items, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
  • breach our policies from time to time;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
  • manipulate the price of any item or interfere with other user's listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Going Going Bike;
  • post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
  • take any action that may undermine the feedback or ratings systems;
  • transfer your Going Going Bike account (including feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Going Going Bike, or the interests or property of Going Going Bike users;
  • copy, modify, or distribute rights or content from our sites, services or tools or Going Going Bike 's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.


If you are registering with Going Going Bike as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Going Going Bike, you must comply with all applicable laws relating to online trading.


We will commence supplying our services to you as soon as you accept this Agreement. Unless you and Going Going Bike agree otherwise in writing, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.


We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Going Going Bike sites.   You agree not to hold Going Going Bike responsible for any loss you may incur as a result of Going Going Bike taking this action.


You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 


Intellectual property rights

Going Going Bike works to ensure that all listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your Intellectual property rights have been infringed please notify us and we will investigate.


Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:


  • we think that you are creating problems, or exposing us or another Going Going Bike user to financial loss or legal liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.


You agree not to hold Going Going Bike responsible for any loss you may incur as a result of Going Going Bike taking any of the actions described above.


We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.


You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 


You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.


Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.


You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.


If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility, to the extent permitted by law, arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.


Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.


No spam

We do not tolerate spam (unsolicited commercial communications). You may not add other Going Going Bike users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.


You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages.


Using information about other Going Going Bike users

Our site and services enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.


You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:


  • Going Going Bike-transaction-related purposes that are not unsolicited commercial communications;
  • using services offered through Going Going Bike; and
  • other purposes a user expressly agrees to.

 

Fees

Joining Going Going Bike and bidding on listed items is free. We do charge fees for using other services based on our Fees Policy, which we may change from time to time. Changes to the Fees Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the Going Going Bike site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.


Unless otherwise stated, all fees are quoted in GB pounds sterling (£). You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel. You agree that we may issue you with invoices in electronic format by email.


Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

 

Liability

You will not hold Going Going Bike responsible for any loss you may incur as a result of Going Going Bike taking any of the actions described in the Intellectual Property Rights section above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations that may change from time to time. At no point do we have possession of anything listed or sold through Going Going Bike.


Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Going Going Bike takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you.

 

Going Going Bike gives no undertakings, representations, or warranties in relation to items sold or listed on the site, including:


  • about ownership of any item;
  • as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the site;
  • as to the accuracy or truth of listings;
  • that any item will meet your requirements or expectations; or
  • about the ability of members to complete a transaction, including credit card transactions.


In addition, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. As Going Going Bike is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Going Going Bike in any dispute or in the resolution of disputes that arise between you and another member as a result of the services.


Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.



You accept sole responsibility for the legality of your sales under laws applying to you and the legality of any items you list on any of our sites.



Although we may use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Going Going Bike cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.



We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.


We (including our affiliates, officers, limited partners, designated members, members, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services.



Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100.



Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. 



Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

 

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of a prohibited item, or arising out of any content or item you submit, post, transmit, or make available through the services.

 

Release

If you have a dispute with one or more users, you release us (and our designated members, members, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

Access and interference

Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to Going Going Bike by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.

 

Additionally, you agree that you will not: 


  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites without the prior expressed written permission of Going Going Bike and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our sites; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

 

Information about you and your visits to our site

We process information about you in accordance with our privacy policy (see below).  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.


Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy (see below).  You warrant that any such contribution does comply with those standards, and you fully indemnify us for any breach of that warranty.


Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or that such material is lawfully their property.


We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.


We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy (see below).


Compensation

You agree that you will only use our sites and services in accordance with this Agreement.



You will compensate us in full (and our designated members, members, officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.


No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.


By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.


Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.


Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (see below).


If you wish to make any use of material on our site other than that set out above, please contact us.


Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 


Resolution of Disputes, Jurisdiction and applicable law

If a dispute arises we strongly encourage you to contact us so that we can resolve the dispute through alternative dispute resolution. In any event, the English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 


These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


Trade marks

"Going Going Bike" is a UK registered trademark of Going Going Bike LLP.


Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to the services.  We expect you to read all of these documents: Acceptable Use Policy, Fees and Payment Policy, Privacy Policy, Cookie Policy.


Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.


Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.


Severability

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.


Your concerns

If you have any concerns about material which appears on our site, please contact us.

Thank you for visiting our site.

 

ACCEPTABLE USE POLICY

 

General

  • All listings, bids or communications made through Going Going Bike shall be made in good faith.
  • You must not damage, interfere with or harm the site, or any network, or system underlying or connected to them, or attempt to do so.
  • You may not use a robot, spider, scraper or other automated means to access the site or information featured on it for any purpose.
  • You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile.
  • You must list items for sale in pounds sterling (£) and include VAT in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
  • You must not complete a transaction outside of the Going Going Bike process or otherwise seek to avoid Going Going Bike's fees. Attempts by you to avoid fees, including through multiple memberships, or otherwise, may result in Going Going Bike suspending or terminating your membership at the discretion of Going Going Bike.
  • You must not use the site to promote items for sale outside the site.
  • You are responsible for any actions taken through your membership. Going Going Bike memberships are not transferable and therefore can not be sold, leased, lent or traded.

 

Your obligations as a Seller

 Sellers must use our site in accordance with these seller policies:

 

  • You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services.
  • You will not list a prohibited item, which will be any item that Going Going Bike in its total discretion deems to be unacceptable for an online marketplace focused on bicycles, from sale on Going Going Bike.
  • When you list an item for sale on Going Going Bike, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum.
  • You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
  • You must not list anything that is stolen, illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause. You agree that Going Going Bike may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.
  • You must not use the site to sell items that are of a speculative nature.
  • Listings are not pre-screened for content. Going Going Bike reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
  • You must not charge unreasonable amounts for shipping and packaging costs.

 

Your obligations as a buyer

 Buyers must use our site in accordance with these buyer policies:

 

  • By offering to purchase an item, you warrant and represent that you have the legal right to enter into and complete the transaction.
  • You must make full and prompt payment for any item you buy.
  • You agree to your username and the purchase price being publicly shown on the Going Going Bike site. You also agree to your email address being supplied to the seller when you purchase an item.
  • If you offer to purchase an item and you do not pay for the item, you will receive a warning from Going Going Bike if the seller complains about you. After 3 such complaints, Going Going Bike may suspend or terminate your membership.

 

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

 

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

 

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (see above).
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

 

Interactive services

We may from time to time provide interactive services on our site (interactive services).

 

We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

 

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

 

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

 

Contributions must:

 

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in England and Wales and in any country from which they are posted.

 

Contributions must not:

 

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use (see above) upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

 

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.


Privacy Policy

Going Going Bike LLP (we) are committed to protecting and respecting your privacy.

 

This policy (together with our terms of use (see above) and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

 

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Going Going Bike LLP of 19 Ebury Street, London SW1W 0LD.

 

Information we may collect from you

 

We may collect and process the following data about you:


  • information that you provide by filling in forms on our site www.goinggoingbike.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Going Going Bike LLP, and when you report a problem with our site;
  • if you contact us, we may keep a record of that correspondence;
  • we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
  • details of transactions you carry out through our site and of the fulfilment of your orders;
  • details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;
  • email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
  • transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);
  • shipping, billing and other information you provide to purchase or ship an item;
  • community discussions, chats, dispute resolution, feedback, correspondence through our sites, and correspondence sent to us;
  • other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
  • information from other companies, such as demographic and navigation data; and
  • other supplemental information from third parties (for example, if you incur a debt to Going Going Bike, we might conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law; or if the information you provide cannot be verified, we may ask you to send us additional information, such as your driver’s licence, credit card statement, or a recent utility bill or other information confirming your address, or to answer additional questions online to help verify your information).


IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.


In addition we will use cookies to gather general information about you in accordance with our Cookie Policy so that we can improve our site and to deliver a better and more personalised service. The cookies will enable us:


  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise our site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to our site.


Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.


Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.


Uses made of the information

We use information held about you in the following ways:


  • to ensure that content from our site is presented in the most effective manner for you and for your computer;
  • to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
  • to carry out our obligations arising from any contracts entered into between you and us;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • to notify you about changes to our service;
  • to resolve disputes, collect fees and troubleshoot problems;
  • to prevent potentially prohibited or illegal activities and enforce our User Agreement;
  • to compare  information for accuracy and verify it with third parties.


We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.


If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.


If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.


We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.


Disclosure of your information

We may disclose your personal information to any member of the Going Going Bike family.


We may disclose your personal information to third parties:


  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  • if Going Going Bike LLP or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use (see above) and other agreements; or to protect the rights, property, or safety of Going Going Bike LLP, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
  • service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and customer support);
  • other Going Going Bike users, whether located within the United Kingdom or abroad. For example, where you are involved in a transaction with another user, the other user may view your email address and obtain your contact information and postal address to help complete the transaction;
  • other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service); and
  • law enforcement agencies, other governmental agencies or third parties in response to a request for information (such as a Section 29 (3) Data Protection Act 1998 form) relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other Going Going Bike user to legal liability. The personal information we disclose may include your username and user history, name, city, county, telephone number, email address, fraud complaints and bidding and listing history or anything else that we deem relevant.


Information You Share on Going Going Bike

Your username is displayed throughout Going Going Bike (and so available to the public) and is connected to all of your Going Going Bike activity. Other people can see your purchases, items for sale, shop fronts and associated comments. Notices sent to other members about suspicious activity and policy breaches on our sites refer to usernames and specific items. So, if you associate your name with your username, the people to whom you have revealed your name will be able to personally identify your Going Going Bike activities.


If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your username or reminders from Going Going Bike, may also be visible to other individuals who use the computer after you.


Using Information from Going Going Bike

Going Going Bike enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, username, email address and other contact and shipping information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.


You agree to use user information only for:


  • Going Going Bike transaction-related purposes that are not unsolicited commercial messages;
  • using services offered through Going Going Bike (e.g. escrow, postage and fraud complaints), or
  • other purposes that a user expressly chooses.

 

No Spam, Spyware or Spoofing

We and our users do not tolerate spam. You are not licensed to add other Going Going Bike users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report Going Going Bike-related spam or spoof emails to Going Going Bike, please email us at contactus [@] www.goinggoingbike.com. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.


Account Protection

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Going Going Bike password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Going Going Bike and change your password.


Accessing, Reviewing and Changing Your Personal Information

You can see, review and change most of your personal information by signing on to Going Going Bike. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request to us, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our  Going Going Bike User Agreement, and take other actions otherwise permitted by law.

 

Security

Your information is stored on our servers located in the United Kingdom. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

 

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at contactus [@] www.goinggoingbike.com.

 

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

 

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

 

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

 

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Going Going Bike does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

 

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to contactus [@]www.goinggoingbike.com.