The Mall X on Xbox One
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MALL X
Amongst other things, the Mall X provides you with access to stores which make their own goods available to you (“Merchants”).
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.
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: 9 Herbert Street, Dublin 2, Dublin, Ireland. Our email address is email@example.com.
Other applicable terms
- 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.
- 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.
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.
- 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
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.
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.
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
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.
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.
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.
To contact us, please email firstname.lastname@example.org
Thank you for visiting the Mall X.
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.
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 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 are small pieces of data stored on a User’s device.
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.
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 is any living individual who is the subject of Personal Data.
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
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.
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
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 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/
Disclosure Of Data
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).
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.
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 email@example.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.
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.
We may use third-party Service Providers to monitor and analyze the use of our Service.
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/
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).
The eCommerce Gateways we work with are:
Two Tap Terms can be viewed here – https://twotap.com/terms/
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
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.
- By email: firstname.lastname@example.org
- By phone number: 1-877-793-3387