Orange Banana Software Limited (trading as Go Banana) (Company No 09885248) ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Orange Banana Software Limited of Kenwood House, 77a Shenley Road, Borehamwood, Hertfordshire, England, WD6 1AG.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our site www.Go Banana.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order through our site, participate in discussion boards or other social media functions on our site, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, and financial and credit card information.
Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between buyers and sellers and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. 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 or negotiations of a 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. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form);
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others
- Analytics and search engine providers that assist us in the improvement and optimisation of our site
- Credit reference agencies for the purpose of assessing your credit score in relation to buyers entering contracts with sellers on the Site
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 Orange Banana Software Limited 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
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone
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
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 info@Go Banana.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
1. Registering on our Website
- 1.1 You must be 18 years old or over to create an account on this Website, and warrant that all of the information you provide on registration is true and accurate
- 1.2 You must create a password when you register and keep the password confidential. Any person to whom your username or password is disclosed is authorised to act as your agent for the purpose of transacting for any services via this Website, and you will be responsible for any activity conducted using your password. You shall take reasonable steps to prevent unauthorised access to your account
- 1.3 You are obliged to notify us of any changes to your registration information immediately
- 1.4 We reserve the right to reject any registration and to refuse service to anyone for any reason, in our sole and absolute discretion
2. Our role
- 2.1 We allow third party sellers to list and sell their goods and services through the Website. While we help facilitate these transactions, we are neither the buyer nor the seller of the seller's items. We provide a platform for sellers and buyers to complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. We do not assume any responsibility arising out of or in connection with any sale nor are we the seller's agent
- 2.2 The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. For conditions relating to the sale by third parties to you on the Website, and details of the Go Banana Help Desk, see the Terms for Sale of Goods and Services
3. Your responsibilities
- 3.1 The content on this site is provided for general information only. It is not intended to amount to advice on which you should rely. In particular, this Website provides a service where potential buyers may (a) obtain information on sellers of goods and services, and (b) facilitate a transaction (if any) between buyers and sellers for the provision of those goods and services
- 3.2 We are not giving any advice in respect of any goods or services or recommending or endorsing any seller, goods or services
- 3.3 You agree that we are solely providing information regarding sellers and their goods and services and any person to whom your username and/or password is disclosed is authorised to act as your agent for the purposes of transacting via the Website
4. Materials you provide
- 4.1 By submitting content on this Website or otherwise providing content to us ("Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Content for use in connection with the Website and related services. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights
- 4.2 We permit you to post Content on this Website in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us
5. Disclaimer and liability
- 5.1 The Website (including all content on it) is provided by us on an "as is" and "as available" basis and we make no representations, guarantees or warranties of any kind, either express or implied, including as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any seller and/or accessed or obtained by you via the Website or otherwise through using our services
- 5.2 We accept no responsibility and make no representations, guarantees, or warranties that the Website will operate continuously, without interruptions or be fault-free. We may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service
- 5.3 We reserve the right to modify or discontinue all or part of the site temporarily or permanently with or without notice to users and users confirm that the Company will have no liability to them or any third party for any loss arising out of any such modification or discontinuance
- 5.5 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this site or any content on it, whether express or implied
5.6 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use this site and/or our services;
- use of or reliance on any content displayed on our site;
- any failure or delay in any component of our site, the provision of any service or the provision by a seller of its goods and services to any user or third party;
- any use or reliance of any information, material, software, goods or services obtained through the site through using the services we provide (including, without limitation, any information, goods or services of any seller); or
- any transaction or agreement between buyer and seller, or attempt to enter into an agreement or transaction with any seller, even if we have been forewarned of the possibility of such loss or damage
5.7 We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- 5.8 We assume no responsibility for the content of websites linked to this site.
- 7.1 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
- 7.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it
8. Intellectual Property
- 8.1 All content included in or made available through the Website, such as text, graphics, and logos, is the property of us or our content suppliers and is protected by English and international copyright laws
- 8.2 You may not reproduce, republish, transmit or distribute any material, information or content on this Website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Website and our services, and retrieve, display and print content pages, to the extent necessary for use of the Website. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this Website
- 9.2 If we amend our Privacy Notice, we will post those changes on the Privacy Notice page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the Privacy Notice frequently for changes
10. Third Parties
- 10.1 This Website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. This Website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser
- 10.2 This Website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material
11. Restrictions on Use
11.1 You agree not to:
- transmit any material designed to interrupt, damage, destroy or limit the functionality of our Website;
- use any automated software to view our Website without consent and to only access our Website manually;
- attempt to copy our data or reverse engineer our processes;
- use our Website in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any seller);
- use our Website in breach of any policy, terms or other notice on our Website;
- publish any material that may encourage a breach of any relevant laws or regulations;
- interfere with any other user's enjoyment of our Website;
- transmit materials protected by copyright without the permission of the owner; or
- conduct yourself in an offensive or abusive manner whilst using our Website.
12. General provisions
- 12.1 You may not assign or delegate any or all of your rights or obligations in this Agreement. We may assign this Agreement at any time without notice to you
13. Governing Law
Terms for Sale of Goods and Services
- We allow third party sellers to list and sell their goods and services through the Website. While we help facilitate these transactions, we are neither the buyer nor the seller of the seller's items. We are a platform for sellers and buyers to complete transactions. Accordingly, the contract formed at the completion of a sale for these third party goods and services is solely between buyer and seller. We do not assume any responsibility arising out of or in connection with any sale nor are we the seller's agent.
- Buyers authorise us to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods and services via the Site. We are not the agent of the seller.
- We are under no legal obligation to mediate between buyers and sellers or enforce or execute fulfilment of any contract. However, the Go Banana Help Desk will for a period of 10 working days after the placement of an order try to resolve any problems between buyer and seller relating to non-delivery or defects connected to that order
- The seller is responsible for the sale of the goods and services, and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
- Goods or services may not be sold which are illegal, obscene, abusive, or otherwise objectionable to us in our absolute discretion
- Goods or services may only be offered by sellers for sale at a fixed price. Unless otherwise agreed by us with the seller in advance in writing, the price of any items sold through the Site (including the applicable delivery charge) are displayed inclusive of any VAT and other taxes which may be applicable and sellers may not charge or seek to charge the buyer, or allow the buyer to be charged, for any other taxes which are additional to the price displayed for the item on the Site
- It is the seller's sole responsibility to determine whether VAT or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority
- Buyers are required to pay sellers in pounds sterling
- The contract between the buyer and seller will be governed by the laws of England and will be subject to any warranties implied under English law. Sellers need to be particularly mindful of any obligations that they may owe under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- The parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales
- 11.1 We will confirm each order to the seller and the buyer. Sellers must dispatch items sold within two Business Days once the order confirmation is made available to them unless an earlier delivery date has been agreed
- 11.2 Sellers must provide a full refund to any buyer who remits payment, if the item cannot be shipped in accordance with this clause
- We retain the overriding right at any time in our absolute discretion to block any sale, restrict access to the Site or remove any unacceptable feedback, goods or services from the Site
- 13.1 Participants may leave feedback relating to the performance of a buyer or seller using the Site. You agree that all such feedback will be publicly available for viewing on the Site, and that we are not obliged to moderate any such feedback (though we do so in our absolute discretion)
- 13.2 You must not submit any feedback which is defamatory or otherwise unlawful. You agree to indemnify and hold us and our employees, directors and representatives harmless against any claim or action brought by a third party, arising out of or in connection with any feedback left by you on the Site
- Unless otherwise authorised, you agree not to use any information from the Site, except to enter into and complete transactions conducted via the Site. You agree not to use any such information for advertising, spamming, harassment or otherwise objectionable conduct
- 15.1 We may, in our sole and absolute discretion, terminate your access to the Site or any current sale immediately without notice for any breach of any of these Terms for Sale of Goods and Services
- 15.2 The seller may terminate its involvement in the sale of goods and services through the Website at any time by giving us written notice
- 15.3 We may terminate the seller's involvement in sale of goods and services through the Website at any time by giving the seller written notice
- 15.4 Upon termination, all rights and obligations of the parties under these Terms for Sale of Goods and Services will be extinguished, save that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to termination
- 16.2 Third parties: Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement
- 16.3 Assignment: You may not assign or delegate any or all of your rights or obligations in this Agreement. We may assign this Agreement at any time without notice to you
- 16.4 Our delay or failure to exercise or enforce any right or provision of these Terms for Sale of Goods and Services shall not constitute or be construed as a waiver of such right to act
- 16.5 We shall not be responsible for any breach of these Terms for Sale of Goods and Services caused by circumstances beyond our control
- 16.6 If any provision of these Terms for Sale of Goods and Services is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision
- 16.7 We reserve the right to amend these Terms for Sale of Goods and Services from time to time. Any changes will be posted on this Website. Your continued use of this Website after posting will constitute your acceptance of, and agreement to, any changes
- 16.8 These Terms for Sale of Goods and Services are governed by English law
- 16.9 Any disputes arising out of these Terms for Sale of Goods and Services will be settled in the English courts
Conditions relating to Sellers
Conditions relating to Buyers
- You authorise us to verify your information, to obtain credit reports about you from time to time while you are registered (including credit reports about your spouse), and to obtain an initial credit authorisation from your credit card issuer at time of or after providing your card details
- You must be issued with a major credit/debit card that is accepted on the Site and you must register that card with us, and your application for registration must otherwise be acceptable to us in our absolute discretion
- The Go Banana Help Desk will for a period of 10 working days after the placement of an order try to resolve any problems between buyer and seller relating to non-delivery or defects connected to that order. The Help Desk will be unable to assist in respect of any difficulties which arise at a later date
- If the goods or services were defective or did not comply with the order, and you notify us of this within the period of 10 working days from delivery, we shall if so requested reimburse you for the relevant part of your order less any shipping charges
- A buyer must pay via the Service for an item purchased via the Site, with any major credit or debit card accepted on the Site. After the credit or debit card charge is approved, and the buyer's order is confirmed to the seller, the seller is obliged to dispatch the item sold
- The buyer will resolve any dispute directly with the seller, or using the Go Banana Help Desk if appropriate
- Buyers must not accept seller's invoices off the Site
- Buyers must inspect any item purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the item's listing and to ensure that the product is safe