The Mall X Terms and Conditions

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 (“the Mall X“), which includes the Mall on Xbox One and the Mini-Mall, which may be, from time to time, deployed in 3rd party games, applications or websites, whether as a guest or a registered user. Use of the Mall X includes accessing, browsing, or registering to use the Mall on Xbox One or an instance of the Mini-Mall.

Amongst other things, the Mall X provides you with access to Merchants eCommerce products 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: 9 Herbert Street, Dublin 2, Dublin, Ireland. 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 which can be found in this document or at 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 a 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 support@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 returns policy. You need to read all of that carefully. We are not responsible for the terms and conditions 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 products.  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 support@themallhub.com

Thank you for visiting the Mall X.

 

 

The Mall X X

Acceptable Use Policy

 

This acceptable use policy sets out the terms between you and us under which you may use The Platform (“the Mall X“), which includes the Mall on Xbox One and The Mini-Mall, which may be, from time to time, deployed in 3rd party games, applications or websites, whether as a guest or a registered user. This acceptable use policy applies to all users of, and visitors to, the Mall X.

Your use of the Mall X means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of use http://themallhub.com/the-mall-x-acceptable-use-policy/ .

The Mall X is operated by Von Bismark Limited, an Irish company (number 507620) and we have our registered office at 18, the Telford Building, Hsq, Dublin 8.

 

Prohibited Uses

You may use the Mall X only for lawful purposes.  You may not use the Mall X:

  • 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 the Mall X in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of the Mall X;
  • any equipment or network on which the Mall X is stored;
  • any software used in the provision of the Mall X; 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 the Mall X, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Photo Albums
  • Social sharing facilities
  • Advertising
  • Competitions

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Mall X, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.  However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Mall X, 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 fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

 

Content Standards

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

You must comply with the spirit and the letter of the following standards. 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 Ireland 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 the Mall X.  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 upon which you are permitted to use the Mall X, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Mall X.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Mall X.
  • Issuing 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 the Mall X.