These Terms and Conditions (the “T&C”) constitute the terms of subscribing to commercial offers, other promotions and the Axia Platform. To be able to use the Axia Platform and all of its functionalities, we provide you with access to the Wi-Fi internet, if in range of the Hotspot. For clarity purposes, we shall refer to the “Service” throughout these T&C, which shall include all the above.
These T&C shall govern the use of our Service and by accepting these T&C and using our Service you are abiding to these T&C in full. If you disagree with any of the T&C herein you shall refrain from subscribing to and using our Service.
Axia is a brand of 42 Marketing Ltd. and for the purposes of these T&C, “you" or “your” shall refer to the owner of the registered Device and any other third party using the Service through your registered Device; and “Axia”, “we”, “us” or “our” shall refer to 42 Marketing Ltd., a company incorporated under the laws of the Republic of Malta, with company registration number C53993. Our address is at 129, Casa D'Arte Centre, Triq Tal-Labour, NXR 9023, Naxxar, Malta.
1. By subscribing to the Service, you hereby give explicit consent to receive electronic communications and notices through the Axia system by means of a SMS, instant message, e-mail, voice call or any other similar way of communication to inform you about products, services, vouchers, deals, loyalty schemes and other commercial offers or any other promotions, including but not limited to political nature, of our clients and other third parties we are working with. You shall have the right to opt-out from receiving such communication i.e. unsubscribing from our Service, by sending an email to [email protected] requesting to un-subscribe. Nevertheless, with every communication, an option shall be provided to unsubscribe easily and free of charge from receiving any further communication.
2. The “Axia Platform” is a system which enables users to obtain savings, commercial offers, other promotions and information through various mechanisms, such as SMS, websites, messenger, etc. To be able to do that, we provide you also with wireless access to internet access points located in certain areas (the “Hotspot”). The Wi-Fi access to internet shall be available only when your registered Device is within the Axia Hotspot range. For the purposes of these T&C, the “Device” shall mean any mobile phone, laptop or any other device used to access and use the Service.
3. Once you have registered your Device, the Service shall be available to you for fifty-two (52) weeks from your last log-in to Axia WiFi internet, provided that you do not unsubscribe from the Service before the lapse of the fifty-two (52) weeks. For the avoidance of doubt, should there be no activity between the Axia network and your registered Device for more than six (6) months from your first log-in, Axia reserves the right to unsubscribe you from the Service. For further avoidance of doubt, following the expiry or un-subscription of the Service, you can re-subscribe to the Service anytime.
4. All information provided by you to Axia must be accurate, up-to-date and complete. You are explicitly prohibited from using details other than your own personal details. To confirm or amend your details, please contact the email stated above.
5. You are solely responsible for all access to and usage of the Service from your registered Device, including any breach of these T&C, by you or any third party using your registered Device.
6. You must be at least sixteen (16) years of age to use this Service. By using the Service and agreeing to these T&C you warrant and represent to us that you are at least sixteen (16) years of age. You are not allowed to subscribe to the Service if you are not at least sixteen (16) years old.
7. If you no longer wish to use the Service, you can unsubscribe from the Service by sending an email to [email protected]. Following un-subscription, you shall not be able to access or use the Wi-Fi internet access if in range and shall be unsubscribed from receiving any communication.
We the controller of your personal data. Any enquiries about our use of your personal data should be addressed to our data protection officer at [email protected] or by post (42 Marketing Ltd., 129, Casa D'Arte Centre, Triq Tal-Labour, NXR 9023, Naxxar, Malta). Any reference to “personal data” or personal information” shall have the same meaning as given to it in applicable General Data Protection Regulation (EU) 2016/679 and as amended from time to time.
DATA REQUIRED
In order to be able to provide you the Service, certain data shall be collected from your registered Device. The data collected shall include, but shall not be limited to:
1. Submitted information:
1.1 The log-in information which you provide and/or (if applicable) information from your social media account through which you access the Service (e.g. Twitter, Facebook, etc). This information will be taken from your social media access page and will be subject to your privacy settings and policies. Please do ensure that if logging in through social media account you do restrict data that you don’t wish to share.
2. Additional Information:
2.1 In the event that you contact Axia, we may keep a record of that correspondence;
2.2 Details of usage of our Service from your registered Device, including, but not limited to, session timestamps and WiFi location. We do not collect any websites history, content or traffic logs. The collection is limited to log of active Wi-Fi internet access, which Hotspot are you connected to and session timestamp.
3. Device information:
3.1 Information about the registered Device, including where available, the registered Device's MAC address, operating system and browser type. Axia may associate the registered Device information with the submitted information and will treat the combined information as personal data in accordance with these T&C for as long as it is combined.
4. Location information:
4.1 Collect and process information about your actual location, if within the range of the Hotspot and logged in to the system.
HOW DO WE USE COLLECTED INFORMATION?
1. Your data and our usage of it
Axia collects personal and non-personal information to ensure that you have a suitable shopping and service experience and you are up to date with all commercial offers and other promotions that might be of interest to you.
Upon subscribing to the Service, we shall collect, store and process the information provided in accordance with the provisions of these T&C and the applicable laws.
We do not use the information you provide to make any automated processing or decisions that might affect you.
For the avoidance of doubt, any personal data shall be processed in accordance with the applicable law and shall be deleted from our system once you unsubscribe from the Service (or fifty-two (52) weeks from last using the Wi-Fi internet provided by us) and the information is no longer required to be kept from our side in order to safeguard our legitimate interest of protecting ourselves against potential claims and suits, or comply with statutory obligation. In any way, form the date you unsubscribe, if not deleted, any personal data shall be archived and not be used in active day business operations anymore.
2. Retention
Axia will only retain personal information for as long as necessary for the purposes of these T&C. In the event that more than fifty-two (52) weeks will pass from your last log in to the Wi-Fi access, we will delete all personal data that we hold about you and stop sending you any communication.
In case you unsubscribe, we shall stop actively processing your personal data and sending you any commercial offers or other promotions, however, due to our legitimate interest of protecting ourselves against potential claims and suits, we shall archive your personal data for the period of time which legally allows you to bring an action against us. As of the 25/05/2018, this limit is set to twelve (12) months according to Maltese law.
YOUR RIGHTS
By law, you have the rights listed below. Please do not hesitate to contact us via email or even by post, in case you wish to exercise any of your rights or have any other queries. We shall get back to you as soon as possible.
Right To Access Your Personal Data, Correction and Data Portability
In case you wish to access, verify, update, modify or export any personal information that you have submitted to us, please contact us on [email protected]. You can contact us also via post.
Right to Restrict of Use, Object to Processing Of Your Personal Data
Please send an email to [email protected] if you wish to exercise your right to restrict processing, the right to object to processing, in certain circumstances you have such right.
Right to Delete Your Personal Data
We process and hold personal data only as long as there are any lawful grounds to process it. If you feel that we are unlawfully retaining your data longer than we need, please let us know on [email protected].
Right to Complain
If you have any questions about this T&C or Privacy Notice, concerns or complaints about the way we process your personal data, please contact us on [email protected]. Should you feel we shall not be helpful with regards to your complaint, you can contact your local data protection regulator, if you have one. A list of European data protection regulators can be found here: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
ACCEPTABLE USE POLICY
You shall not use or allow others to use the Service from your registered Device if such use:
is for, or results in, any illegal, abusive, misleading, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, breaching privacy or confidentiality, sending unsolicited messages, corruption of data, disrupting or interfering with or seeking unauthorised access to the internet, computers or other devices, any network, transmission of a virus or other harmful component, defamation, intellectual property infringement or sending chain letters, even if requested by the recipient;
would breach the fair use or similar usage policies of any network to which access is gained or contravene any instructions given by Axia;
consumes disproportionate network capacity in Axia's reasonable opinion, or causes its network, or its ability to provide services to others, to be affected;
attempt to disrupt or discover any account, equipment, service, host or network. This includes, but is not limited to, the flooding of networks, deliberate attempts to overload a system or attempts to crash a system;
is to provide a substitute or back-up for private lines or dedicated data connections such as DSL; or
is to operate any server system (including email, web, or other kind of server).
You shall not use the Service to engage in any activity which constitutes a criminal offence, either in the Republic of Malta or in any country throughout the world.
SECURITY AND WARRANTS
1. Axia shall have no responsibility for, or control over, the internet connection you access and does not guarantee that the Service is fault free or free from any viruses.
2. Axia shall have no responsibility nor does guarantee the security of the information which you may transmit or receive by using the Service, or which is located on your registered Device by making use of the Service and you acknowledge that it is your obligation to protect your information and have adequate security (in terms of the registered Device and procedures) to ensure the security, integrity and confidentiality of your information and data.
3. The Service is provided “as is” and Axia makes no representations or warranties in relation to the Service. Access to the Service is at the discretion of Axia.
4. Access to Wi-Fi is only available where Hotspot facilities exist. Axia undertakes no liability whatsoever for any claims, losses, damages or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular due to changes in the location and configuration of the Hotspot.
5. If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and Axia assumes no responsibility for their policies, or third parties’ compliance with them.
SUSPENSION OF THE SERVICE
You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in the Service or events that are beyond the control of Axia and that Axia shall not be responsible for any loss of data while transmitting information on the internet. While Axia endeavours to make the Service available 24/7, it is possible that the Service may be unreachable from time to time for any reason including, but without limitation to, routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by Axia, your access to the Service may be interrupted, suspended or terminated from time to time.
Axia reserves the right to terminate or temporarily suspend the Service, if you have used the Service:
a. in a way that is expected to adversely interfere with Axia’s capability to provide the Service to you or any third party;
b. in breach of Axia’s T&C.
INDEMNITY
You hereby indemnify Axia and its affiliated companies and their directors, officers, agents and employees and undertake to keep Axia and its affiliated companies and their directors, officers, agents and employees indemnified against any losses, damages, costs, liabilities and expenses, including without limitation, legal expenses and any amounts paid by Axia to a third party, incurred or suffered by Axia and/or its affiliated companies arising out of any breach of any provision of these T&C by you, or arising out of any claim from a breach of these T&C by you.
LIMITATION OF LIABILITY
1. Whilst Axia does not seek to limit its liability for fraudulent misrepresentation, your injury or death as a result of its negligence, Axia shall have no responsibility (to the extent permitted by law) to compensate you (whether or not in case of negligence) for any direct and indirect financial loss, time, anticipated savings or profit or revenue, opportunity, loss of profit, revenue, business interruption, data, use, business, loss arising from or in connection with use of the Service or inability to use or access the Service or a failure wasted expenditure, loss arising from disclosure of confidential information, suspension of all or part of the Service at any time or damage to your registered Device or for any other similar loss that may arise in relation to these T&C whether or not Axia was advised in advance of the possibility of such loss or damage.
2. Axia shall not be liable for use of the Service or any losses caused by failures, errors, delays or interruptions relating to the Service, including as a result of any failure to supply the Service whether within or outside our reasonable control.
Axia shall not be liable if anyone else, other than you or Axia with your permission:
gains access to your connection to the Service or your registered Device; or
gains access to, destroys or distorts any data or information held by you or about you by us.
Axia shall not be held accountable for any goods or services provided in a separate agreement with a third party or accuracy of any offers, loyalty schemes, discount offered through Axia by third parties, even if access to those goods or services is through any of Axia’s network or sent through Axia platform.
CHANGES TO THE T&C
Axia may amend these T&C at any time by notifying you of such changes and also posting it on Axia Platform. For the avoidance of doubt, in case any change is in relation to processing of your personal data and will require your explicit consent for such amendment, you shall be requested to consent to such change.
Otherwise, your continued use of the Service following the amendments to the T&C indicates your acceptance to those amendments.
CONFIDENTIAL INFO
Our employees, officers, consultants and advisors shall, at all times, respect the confidentiality of and endeavour to keep safe any and all personal data collected and/or stored and/or transmitted and/or used for, or on behalf of Axia. Axia understands its obligations by applicable law in relation to information security and collect, store, process, transmit and handle of usage of personal data and other information provided, in accordance with the obligations and requirements of the applicable laws.
Axia shall not make use of the information provided for any purpose other than that set out in these T&C.
Your personal data may also be disclosed to any person or governmental body pursuant to any statutory or contractual obligations or as required by a court of law, provided such person or governmental bodies shall be able to prove the required right/authority to access such information.
GOVERNING LAW
These T&C shall be governed and construed in accordance with the laws of the Republic of Malta. Any dispute, controversy or claim arising out of or in connection with these T&C, or the breach, termination or invalidity thereof, shall primarily be resolved through good faith negotiations between the Parties, and if such negotiation fails, then it shall be submitted to the exclusive jurisdiction of the Courts of the Republic of Malta.
TRADEMARKS AND COPYRIGHT
42 Marketing Ltd. owns the Axia trade mark and brand name. The Service is provided on a non-exclusive basis solely for your use and you agree not to reproduce, transfer, copy, sell, resell or exploit for any commercial purposes your access to, or use of the Service. You shall have no right to sublicense or assign your right to access or use the Service.
WAIVER
Any failure to exercise, or any delay in exercising, any right or remedy provided under these T&C or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
No single or partial exercise of any right or remedy provided under these T&C or by law shall preclude or restrict the further exercise of that or any other right or remedy.
SEVERABILITY
If any term, provision, covenant or condition of these T&C, or the application thereof, shall be held by a court of a competent jurisdiction to be invalid, unenforceable or void, the remainder of these T&C and such term, provision or covenant or condition shall remain in full force and effect.