The Mall on Xbox One Terms and Conditions, Cookies, Privacy + Acceptable Use Policies - The Mall Hub
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The Mall on Xbox One Terms and Conditions, Cookies, Privacy + Acceptable Use Policies

The Mall on Xbox One Terms of Use


The Mall X on Xbox One

Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MALL X

 

Terms of use

These terms of use (together with the documents referred to in them) tells you the terms of use on which you may make use of The  Platform, which includes the Mall X on Xbox One and The Mini-Mall , which may be, from time to time, deployed in 3rd party games, applications or websites(“the Mall X“), whether as a guest or a registered user. Use of the Mall X includes accessing, browsing, or registering to use the Mall X on Xbox One or an instance of The Mini-Mall.

Amongst other things, the Mall X provides you with access to stores which make their own goods available to you (“Merchants”).

Please read these terms of use carefully before you start to use the Mall X, as these will apply to your use of it. We recommend that you print a copy of this for future reference.

You must be a consumer and at least 16 years old to use the Mall X. If you are a minor (under 18) you may only make purchases through the Mall X if you have the consent of your parent or legal guardian.

By using the Mall X, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use the Mall X.

The Mall X is operated by Von Bismark Limited, an Irish company (number 507620) having its registered office at 18, the Telford Building, Hsq, Dublin 8, Dublin, Ireland (“we”, “us” and “our”). Our main trading address is: 23, Trinity Technology and Enterprise Campus, Pearse St, Grand Canal Dock, Dublin 2, D02 WR66. Our email address is info@vonbismark.com.

 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of the Mall X:

  • Our Privacy Policy http://themallhub.com/the-mall-x-privacy-policy/which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Mall X, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy https://themallhub.com/the-mall-x-acceptable-use-policy/which sets out the permitted uses and prohibited uses of the Mall X. When using the Mall X, you must comply with this Acceptable Use Policy.
  • Our use of cookies is set out in our Privacy Policy, http://themallhub.com/the-mall-x-privacy-policy/which sets out information about the cookies on the Mall X.

 

Registration

  • To be able to use the Mall X fully you must register your details through the Registration Form. This requires you to provide your email address and password. You warrant that all the information you provide will be true and accurate, and that you will keep it up to date.
  • Your membership of the Mall X is personal to you. You must not share your password with anyone else (except a parent or guardian if you are a minor). If we find anyone else using your registration, we may terminate your access to the Mall X.
  • You will let us know immediately at info@theMallhub.com if you suspect someone is using your membership without your permission and help us to deal with any such misuse.
  • 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. 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.

 

Purchasing in the Mall X

  • The Mall X makes products available for purchase from other 3rd parties (“Merchants”). The Mall X does not sell products directly to consumers. Any purchase of a product takes place between you and the Merchant.
  • The Mall X uses Two Tap eCommerce Gateway services to facilitate purchases between you and the Merchant. You may view the Two Tap Terms of Service here – https://twotap.com/terms/ and the Two Tap Privacy Policy here https://twotap.com/privacy/
  • Each Merchant will have its own set of terms and conditions upon which it sells its products and you will be bound by these if you make a purchase. It will also have its own privacy policy. You need to read all of that carefully. We are not responsible for the terms and conditions, privacy policy or other policies of the Merchants.
  • All payments for products purchased from Merchants are processed by the Merchant. You acknowledge and agree that Von Bismark Limited, The Mall X or Two Tap are not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by such third-parties.
  • Any content posted by Merchants such as prices or details of special offers is not checked by us, so you must do so before making a purchase. To ensure that it is accurate and up to date.
  • We have no role in the fulfilment of any order you place with a Merchant. Also if there is any problem with your purchase, or you want to make a return, that is outside our area of responsibility and you must take all such matters up directly with the Merchant concerned.
  • If you purchase items through the Mall X, the Merchant from whom you purchase the items will have its own terms and conditions of supply, which will apply to all sales between you and that Merchant.

 

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

Changes to the Mall X

We may update the Mall X platform from time to time by adding or removing Merchants, and may change the content at any time. However, please note that any of the content on the Mall X, including offers made by Merchants may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Mall X, or any content on it, will be free from errors or omissions.

Access to and use of the Mall X

The Mall X is made available free of charge and “as is”. We make no warranties whatsoever about the availability or operation of the Mall X or about any of the content displayed or available in the Mall X.

Access to the Mall X is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Mall X without notice. We will not be liable to you if for any reason if the Mall X is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Mall X.

You are also responsible for ensuring that all persons who access the Mall X through your internet connection are aware of these terms of use and other applicable terms and conditions, such as those of Merchants, and that they comply with them.

 

Uploading Content to the Mall X

We may allow users to post content to the Mall X from time to time. All users must comply with our Acceptable Use Policy if posting content https://themallhub.com/the-mall-x-acceptable-use-policy/

Whenever you make use of a feature that allows you to upload content to the Mall X, or to make contact with other users of the Mall X, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

Any content you upload to the Mall X will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Mall X constitutes a violation of their intellectual property rights, or of their right to privacy.

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

We have the right to remove any posting you make on the Mall X if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy https://themallhub.com/the-mall-x-acceptable-use-policy/

The views expressed by other users on the Mall X do not represent our views or values.

We are not obliged to monitor any content and accept no liability for any content posted on the Mall X.

 

Our intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Mall X, and in the material published on it, other than the Merchant shops.  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 the Mall X for your personal use and you may draw the attention of others to content posted on the Mall X.

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), in respect of the content must always be acknowledged in any such copies.

You must not use any part of the content on the Mall X for commercial purposes without obtaining a licence to do so from us, our licensors, or Merchants.

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

 

 

No reliance on information

The content on the Mall X is provided for general information only. It is not intended to amount to advice on which you should rely. In particular, we do not check or vet information made available by Merchants and it is your responsibility to ensure that any such information is accurate and up to date.

Although we make reasonable efforts to update the information we place on the Mall X, we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Mall X or any content on it, whether express or implied.

We will not be liable to you 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, the Mall X;
  • use of or reliance on any content displayed on the Mall X; or
  • transactions with Merchants.

We only provide the Mall X for domestic and private use. You agree not to use the Mall X for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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 the Mall X or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Mall X. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Nothing in these terms of use shall affect your statutory rights as a consumer.

Notwithstanding any of the forgoing, if we are found by a court to be liable to you (other than for death, or personal injury caused by our negligence, or for fraud) our maximum aggregate liability shall not exceed €100.

 

Your Liability

You will indemnify us against any liability whatsoever arising from your use of the Mall X, a claim against a Merchant by you, or a claim against you by a Merchant, a breach of these terms of use, the Acceptable Use Policy https://themallhub.com/the-mall-x-acceptable-use-policy/ , the Privacy Policy http://themallhub.com/the-mall-x-privacy-policy/ or any applicable law or regulation.

Viruses

We do not guarantee that the Mall X will be secure or free from bugs or viruses.

You are responsible for configuring your Xbox, information technology, computer programmes and platform in order to access the Mall X. You should use your own virus protection software.

You must not misuse the Mall X 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 Mall X, the server on which the Mall X is stored or any server, computer or database connected to the Mall X. You must not attack the Mall X via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be liable to criminal prosecution under the Criminal Damage Act 1991 and/or the Criminal Justice (Theft and Fraud Offences) Act, 2001. 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 the Mall X will cease immediately.

 

Third party links and resources in the Mall X

Where the Mall X 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.

Applicable law

These terms of use, their subject matter and formation, are governed by Irish law and subject to the non-exclusive jurisdiction of the Irish courts.

 

 

Contact us

To contact us, please email info@themallhub.com

Thank you for visiting the Mall X.

Contact us

 

 

 

 

Privacy Policy

Effective date: May 04, 2018

Von Bismark Limited (“us”, “we”, or “our”) operates the app.themalltv.com website and the The Mall X mobile application (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

Unless explicitly asked for, we will not use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

If you have opted in to be contacted with marketing or promotional material, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Von Bismark Limited uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

Von Bismark Limited will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Von Bismark Limited will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Ireland and choose to provide information to us, please note that we transfer the data, including Personal Data, to Ireland and process it there. Ireland is in the EU and subject to General Data Protection Reulations. You can find more information about GDPR here – https://www.eugdpr.org/

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Von Bismark Limited will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Business Transaction

If Von Bismark Limited is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, Von Bismark Limited may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Von Bismark Limited may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Von Bismark Limited
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

“Do Not Track” Signals

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Rights

Von Bismark Limited aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us at support@themallhub.com to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the right:

  • To access and receive a copy of the Personal Data we hold about you
  • To rectify any Personal Data held about you that is inaccurate
  • To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to Von Bismark Limited. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payments (e.g. eCommerce Gateways).

We will not store or collect your payment card details. That information is provided directly to our third-party eCommerce Gateways whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The eCommerce Gateways we work with are:

Two Tap

 When you are browsing on a Mall X app or website and use TwoTap’s Service to make a purchase from a third party Merchant (“Merchant”), they take your information about you and your transaction and pass it to the  Merchant for purposes of completing your transaction, analyzing and providing attribution for the purchase and otherwise providing the TwoTap Services. Please be aware that their Privacy Policy does not apply to the data practices of their third party business partners, who may use your information differently than they do under their Privacy Policy. If you choose so by opting in, Two Tap can store your billing and shipping details for faster checkout the next time. This information will not be stored with The Mall X but we will use the Two Tap Service to present you with this information for future purchases.

 

Two Tap Privacy Policy can be viewed at https://twotap.com/privacy

Two Tap Terms can be viewed here – https://twotap.com/terms/

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 16 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: support@themallhub.com
  • By phone number: 1-877-793-3387