S REWARDS APPLICATION TERMS AND CONDITIONS
The download and use of this mobile application ("App") is subject to the terms and conditions set out below ("Terms and Conditions"). By using this App, you will be deemed to have accepted the Terms and Conditions. If the Terms and Conditions are not acceptable to you, please do not use this App and uninstall this App from your device.
By accepting the Terms and Conditions, you will be entering into a binding agreement with Shangri-La Ulaanbaatar Hotel LLC and Shangri-La Ulaanbaatar LLC (collectively the "Company", "we", "our", "us")
USE OF THE APP
This App is only available to members ("Members") of S Rewards Programme ("Rewards Programme").
This App allows the Members to access the Rewards Programme services, including redemption, purchase, transfer and/or use of E-Vouchers, and carpark payment.
This App also provides marketing and promotional information about membership benefits and privileges of the Rewards Programme as well as products, services and activities on offer by retailers in the Shangri-La Centre and Central Tower in Ulaanbaatar, Mongolia (collectively the "Mall"), which participate in the Rewards Programme ("Participating Retailers")
This App and its content are made available to you for personal, non-commercial use. This App should not be used for unlawful, immoral or illegal purposes or for any purpose other than those stated in the Terms and Conditions. We reserve the right to deny access to any Member who violates the Terms and Conditions, the Privacy Policy, or at our sole discretion.
You must be resident in Mongolia and 18 years or above, who have capacity to become a Member and enjoy the membership benefits and privileges of the Rewards Programme as well as purchase products, services and activities on offer through this App.
You must not engage in any conduct or do anything that would damage, impair or interfere with the operation or security of this App, the system hosting the App, or any of our computer systems. The Company may at any time, without assigning any reasons therefor and without prior notice, terminate, restrict or suspend your use of or access to any part or all of the App, without any liability to you or any other person.
INTELLECTUAL PROPERTY
The App contains proprietary information, content and materials, including but not limited to text, graphics, images, photographs, videos, music, sound, icons, logos, designs, trade names, trade secrets, patents, trademarks, software codes and technologies ("Content"), that is owned by the Company and/or third parties and is protected by applicable laws and regulations, including but not limited to copyright. No license or right is granted in respect of those intellectual property rights. Your use of the App does not grant, transfer to or confer upon you any right, title or interest in the Content. By using the App, you agree to comply with all end user agreements and privacy policies of third parties.
You agree that you will not use the Content in any way whatsoever except for use of the services available on the App in compliance with the Terms and Conditions. The App may only be used for personal and non-commercial purposes. You must not use, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload, download, sell, license, reverse engineer, decompile, or disassemble the Content, without the prior written consent of the Company except to the extent permitted by laws. You must also not engage in any conduct that infringes, violates or misappropriates any intellectual property rights of the Company or any other party, and such infringement, violation or misappropriation shall amount to a breach of the Terms and Conditions.
Feedback page is available for you to send your comments, suggestions, ideas, or feedback concerning the App or any of the services made available to you on the App ("Feedback"). You agree that if you provide any Feedback to us, we will own all right, title and interest in and to the Feedback, even if such Feedback is provided in confidence. We will be entitled to use the Feedback without restriction. You irrevocably assign to us all right, title and interest in and to the Feedback and agree to provide us with any assistance we may require to document, perfect and maintain our rights in the Feedback.
REWARDS PROGRAMME MEMBERSHIP
You must enroll as a Member to use this App to enjoy the membership benefits and privileges, and create membership account ("Account") by providing your personal data which will be collected, used and disclosed pursuant to the Rewards Programme Privacy Policy. The enrolment can be done via this App or via the website at http://shangrilacentreub.mn/s-rewards/.
You must provide genuine, accurate, complete and up-to-date information when creating an Account. You are required to update your Account information regularly. We reserve the right to cancel or deny access to any Account found to contain false, fictitious, erroneous or outdated information.
Once you successfully enroll as a Member, you shall be allocated with a membership number and a unique membership QR code. You can use your mobile number and password to access your Account.
You are solely responsible for maintaining the confidentiality of login details. Never disclose your login details to any third party. You will be responsible for all activities that occur under your Account. You will be responsible for any purchases made under your Account even if these are made on behalf of others.
Once your Account has been set up, you have access to your membership points accumulated under the Rewards Programme, which can be redeemed for E-Vouchers for use at or can purchase goods and/or services provided by the Participating Retailers in the Mall.
You must enable a transaction notification alert on your device which will assist you with monitoring whether there is any unauthorized access to and/or unauthorized transaction made on your Account. You shall be responsible for all transactions, activities and/or dealings in your Account regardless of whether you have turned on the transaction notification alert or not.
Unless and until you notify us of any unauthorized access to your Account, we have the right to assume that any transaction made on your Account has been authorized by you. If you notice any unauthorized use of your Account, please notify us immediately by email at http://shangrilacentreub.mn/s-rewards/ or by telephone at +976 7010 1919.
REWARDS PROGRAMME POLICY
By using this App, you agree to be bound by all of the Rewards Programme Terms and Conditions and the Rewards Programme E-Vouchers Terms and Conditions.
By using this App to purchase E-Vouchers and accepting the Privacy Policy, you hereby authorize us to use your personal information including credit/ debit card information that we have in your Account for the purpose of the purchase.
You are prohibited from using this App for the purposes of reselling, advertising or marketing online or otherwise to third parties.
We reserve the right to either cancel or modify at our sole discretion any transaction that has been made in breach of the Terms and Conditions or for false, fraudulent or unauthorized purposes.
CREDIT / DEBIT CARDS
You must provide valid credit/ debit card information (such as card type, card number, expiry date and the full name shown on the card) to us to complete your purchase.
You may choose to save your credit/ debit card details in your Account for future use. This is optional and will expedite your future purchases and payments made via this App. The collection of your credit/ debit card details is subject to our Privacy Policy. It is your responsibility to update your credit/ debit card details on your Account. If your credit/ debit card is invalid or has expired, you will not be able to complete your purchases and payments.
By providing your credit/ debit card information, you represent and warrant that (i) you are legally authorized to use the credit/debit card you provided; and (ii) you authorize us to charge you in full for all products and services purchased via the App.
While all reasonable security measures will be taken to secure your credit/ debit card information, you agree to hold us and our employees and officers harmless and release us from any actions, claims, liability, damage or loss resulting from any loss, release, compromise, or disclosure of your credit/ debit card information caused by malware attacks, phishing attacks, viruses, hacking activities, malicious software and any other unlawful interference of the App's operating system or unauthorized access by third parties.
PRIVACY POLICY
We respect your privacy and are committed to protecting the privacy, confidentiality and security of the personal data you provide to us or that we otherwise collect about you when you use this App. How we collect, use and disclose your personal data (and overseas transfers of your personal data) is set out in our Privacy Policy. Your continued use of and access to this App constitutes your acceptance of our Privacy Policy.
By using this App, you consent to receiving direct marketing and promotional communications from us. Accordingly, we will send you either via emails, SMS messages, push notifications or telephone calls, marketing and promotional information that we think may be of interest to you. You may opt-out from receiving further marketing communications from us at any time by following the unsubscribe instructions contained in the marketing communications or contacting us by email at http://shangrilacentreub.mn/s-rewards/.
DISCLAIMERS
All reasonable efforts have been made to ensure the accuracy of the content and materials displayed in this App. We regularly review this App and, where appropriate, will update pages to reflect any changes to the features, functionality and available services of this App.
The App, the content and materials, and goods and services in the App are provided "as is" and on an "as available" basis without warranties of any kind, and we disclaim all warranties, whether express or implied, to the maximum extent permitted by law, including but not limited to warranties of title, merchantability, fitness for purpose, non-infringement of intellectual property or proprietary rights, confidentiality or privacy of any communication or information transmitted on the app or any sites linked to the App, compatibility between the App and any software or hardware, accuracy, reliability or availability of the goods and services on offer, or arising from course of dealing or usage of trade. You accept all risk and responsibility for your use of the App, including the submission of any personal information and credit/ debit card information.
The materials on the App are for general information only and nothing in the App contains professional advice or any binding commitment upon us in relation to the accuracy, reliability or availability of the products and services on offer or provided by us.
All images on this App were correct at the time they were produced and are intended only to give a general impression of the Mall, Participating Retailers and their respective features, facilities, goods and services. These images should not be construed as representations of any kind and are not intended to form part of any contract or warranty and no person may rely on them for any such purpose.
Your use of the App is at your own risk. We do not warrant or represent that your access to the App will be uninterrupted or error-free or that any information, data, content or other material accessible via the App will be free of viruses, bugs, malwares or other harmful components that may interfere with or damage the operation, security or functionality of your device(s).
You acknowledge that your access to the App on your device(s) depends on the mobile network carrier or internet. You agree that we are not responsible for any delays, interruptions or suspension of the services available through the App which are caused by the failure of network connectivity. You also agree that we are not responsible for any malfunctions, failures, difficulties, or lost, stolen or misdirected messages, transmissions or entries, or the security of any communications entered by you. To the fullest extent permitted by law, we shall not be responsible for injury, loss or damage to your device(s), or interception, use or disclosure of confidential information (such as credit/ debit card information or other personally identifiable information), arising out of your use of the App or any sites linked or associated with the App.
LIMITATION OF LIABILITY
Notwithstanding all efforts made by us to ensure the security, functionality and accuracy of the App, and to the fullest extent permitted by law, we shall not be liable to you or to anyone (whether in tort, contract, equity, or otherwise) for any loss or damage of whatsoever amount (including but not limited to direct or indirect loss, loss of profits or data, or special, incidental, exemplary, punitive or consequential loss) arising out of or in connection with (i) any use, reference to or reliance on any content or materials in the App; (ii) any inaccuracies, omissions, mis-statements or errors in any content or materials in the App; (iii) the access to or use of the App; (iv) the access to or use of any information held on or through the App by unauthorized third parties; (v) any delays, disruptions, defects, failures, or technical errors caused by the App; (vi) any acts, omissions, errors, warranties, representations, breaches, or negligence of third parties (including, without limitation, Participating Retailers) or any injury, illness, death, loss, or damage arising from your use of any third party websites, applications, products or services available in the App; or (vii) the performance or non-performance by us with respect to products or services available in the App; even if you have been advised of the possibility of any or all of the foregoing.
Notwithstanding the above, and to the fullest extent permitted by law, you agree that in the event we are held liable for any damages related to this App, your sole and exclusive remedy will be limited to the amount you paid for services or products. With respect to services or products provided by third parties (including, without limitation, Participating Retailers), we disclaim any and all liability relating to them. To the fullest extent permitted by law, you hereby waive any and all rights to bring any claim or action related to this App in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.
INDEMNITY
You agree to indemnify and keep us, our parent company, subsidiaries, affiliates, officers, directors, representatives, employees, and agents indemnified from and against any liability, loss, claim, dispute, demand, damage or cost (including without limitation legal fees) which arises out of or is caused by your breach of the Terms and Conditions, your use of the app or your violation of any laws or third party rights.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with the Terms and Conditions, without prior notice and without any liability to you or any other person, we reserve the right to take all or any of the following actions:
- cancellation or modification of your membership or transaction(s);
- issuance of a warning to you;
- termination, restriction or suspension of your use of or access to any or all part of the App;
- commencement of legal action against you; or
- disclosure of information about you to law enforcement authorities as we may determine in our sole discretion.
The above is not exhaustive. We may take any other action in our absolute discretion.
THIRD PARTY SITES
This App may contain information on or links to third party websites or applications (whether through hyperlinks to third party websites or otherwise) that are subject to the relevant terms and conditions of the third party owners. These links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us for the linked websites, applications or the products or services provided at those websites or applications. Please note that we are not responsible for the content of such websites or applications or for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. Your link to any such websites or applications is at your own risk and we advise you to check the terms and conditions and privacy policies of those other websites or applications before using them and disclosing your personal data.
GOVERNING LAW
These Terms and Conditions and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Mongolia.
JURISDICTION
You irrevocably agree that the courts of Mongolia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms and Conditions (including non-contractual disputes or claims).
AMENDMENT
We may amend the Terms and Conditions at any time without prior notice and will post the amended version on the App. Your continued use of the App after any such amendment constitutes your acceptance of the amended Terms and Conditions. If you do not agree to the Terms and Conditions or any revised version of the Terms and Conditions, please do not use the App.
MISCELLANEOUS
We retain our right to exercise or enforce any right contained in the Terms and Conditions. In the event that we fail to take action, it shall not be deemed as a waiver of our right or prevent us from taking subsequent action in respect of that right or of any other right.
In the event of any provision of the Terms and Conditions being found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
The Terms and Conditions are written in the English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of the Terms and Conditions, the English version shall prevail.
If you have any queries or concerns about the App, please contact us by email at http://shangrilacentreub.mn/s-rewards/
or by telephone at +976 7010 1919.