S REWARDS PROGRAMME E-VOUCHER TERMS AND CONDITIONS
- The following terms and conditions ("Terms") shall govern the issuance, purchase, transfer, use and other activities, transactions and dealings involving S Rewards Programme E-Vouchers ("E-Voucher") issued by Shangri-La Ulaanbaatar Hotel LLC and Shangri-La Ulaanbaatar LLC (collectively the "Company").
- E-Voucher is in digital form stored on and made available through S Rewards Programme Mobile Application ("Programme Mobile Application") and is only available to individuals who have successfully enrolled for and become members ("Members") of S Rewards Programme ("Rewards Programme").
- You are deemed to have accepted and agreed to these Terms if you purchase, transfer, use, or carry out any activity or transaction or make any dealing involving E-Vouchers.
- The Company may amend these Terms from time to time in our sole discretion and post the amended version on the Programme Mobile Application. By your continued purchase, transfer, use, or carry out any activity or transaction, or make any dealing involving E-Vouchers, you are deemed to have agreed to amended version of these Terms.
Part A - Purchase and Transfer of E-Vouchers
- 1. You may purchase E-Voucher(s) for your own use or for other Member(s) as a gift, or accept E-Voucher(s) as a gift from other Member(s) subject to the following conditions:
b. You must use at least iOS version 11 or Android version 5.0 or above for the Programme Mobile Application; and
c. You must have a valid membership of the Rewards Programme.
- 2. Once you have submitted your request for purchase of an E-Voucher, you will receive a confirmation notification from the Company. Upon receipt of the confirmation notification, you cannot cancel, modify or withdraw your request, unless otherwise approved by the Company
- 3. You may obtain E-Voucher(s) by:
a. converting the S Rewards Programme Points ("Points") in your Rewards Programme membership account ("Account) into E-Voucher(s) or by such other means as the Company may approve from time to time.
- 4. You may convert Points into E-Voucher(s) with a minimum value of MNT 5,000, or at such other rate as may be prescribed by the Company from time to time which will be published on the Programme Mobile Application. The Company shall not be responsible for any fraudulent, irregular or unsuccessful conversion. Without prejudice to paragraph 40, the Company may refuse to credit any E-Voucher to, or may debit any E-Voucher from, your Wallet if the Company determines, in its sole discretion, that the conversion is not or should not have been successful, or is or was fraudulent or irregular.
- 5. A Member ("Giftor") may transfer E-Voucher(s) to another Member ("Giftee") as a gift by:
a. submitting a request to transfer E-Voucher(s) in the Giftor's Wallet to the Giftee as a gift.
- 6. A gift of E-Voucher(s) with a minimum value of MNT 5,000, and the Giftee must satisfy all the conditions set out in paragraphs 5 and 15.
- 7. Members, who purchase or receive E-Voucher(s) as a gift must check all details of each E-Voucher immediately upon receipt of such E-Voucher(s). Any error or discrepancy must be notified to the Company immediately.
- 8. E-Vouchers, once issued, cannot be exchanged for the Points of any value or for cash.
- 9. The date of issuance of an E-Voucher shall be the date on which it is converted from the Points or purchased from the Company as shown on the E-Voucher.
Part B - Value of E-Vouchers
- The value of each E-Voucher shall be MNT 5,000, MNT 10,000 or MNT 50,000.
- The total aggregate value of the E-Vouchers in the Member's Wallet shall not at any time exceed MNT 2,500,000. The Company will not issue any E-Voucher or allow any activity, transaction or dealing involving any E-Voucher to proceed, if it will result in the total aggregate value of the E-Vouchers exceeding MNT 2,500,000.
- The Company may from time to time prescribe different limits on the total aggregate value of a single activity, transaction or dealing involving any E-Voucher that may be carried out or made through the Programme Mobile Application, depending on the type and nature of such activity, transaction or dealing.
Part C - Use of E-Vouchers
- Each E-Voucher is valid for use only during the period commencing on the date of its issuance and ending one (1) year from the date of its issuance. No extension of the validity period of an E-Voucher shall be granted, unless the Company at its sole discretion approves, which the Company is not obliged to.
- In order to use an E-Voucher for a transaction with a retailer in the Shangri-La Centre and Central Tower in Ulaanbaatar, Mongolia, which participates in the Rewards Programme ("Participating Retailer"), the Member must present to the Participating Retailer the membership QR code in the Programme Mobile Application as well as the E-Voucher when making a payment for the transaction or at such earlier time as the Participating Retailer may require.
- Each E-Voucher may only be used by the Member for the payment for goods and/or services purchased from, and/or the charges of, any Participating Retailer(s) (or for such other purposes as the Company may from time to time approves), subject to such additional conditions as the Company may from time to time prescribe.
- Without prejudice to paragraph 18, an E-Voucher shall not (a) be used for or in connection with any unlawful or fraudulent purpose or activity; or (b) except with the prior approval of the Company, be used for or in connection with any business or commercial purpose or activity, including, without limitation, advertising, marketing or promotional materials.
- Multiple E-Vouchers may be used for a single transaction with a Participating Retailer.
- If the total aggregate value of the E-Vouchers presented to a Participating Retailer is less than the amount payable to the Participating Retailer, the difference shall be paid by the Member in cash or by such other means as the Participating Retailer may permit.
- No refund shall be given if the total aggregate value of the E-Vouchers presented to a Participating Retailer exceeds the amount payable to the Participating Retailer.
- Each E-Voucher is used at the sole risk of the Member. The Member must check the value and details of E-Voucher(s) before using them at any Participating Retailers. Participating Retailers may decline to accept any E-Voucher which has been unlawfully obtained or has expired or is void or tampered with (as applicable).
- An E-Voucher cannot be replaced if it is lost, stolen, or in the Company's opinion, has been unlawfully obtained, or has expired or is void or tampered with (as applicable) The Company shall not be liable for or be required to replace any such E-Voucher.
Part D - No Refund of E-Vouchers
1. The Company shall not give any refund or make any payment in respect of any E-Vouchers purchased or transferred by Members.
Part E - Unauthorized Transactions
- The Company may from time to time credit or debit E-Voucher(s) to or from a Member's Wallet, or otherwise make such adjustments to the Member's Wallet, if the Company determines, in its sole discretion, that a transaction is not or should not have been successful, or is or was fraudulent or irregular, or an accounting, processing or technical error had occurred. Any such determination and the corresponding credit, debit or adjustment by the Company shall be final, conclusive and binding.
- A Member who wishes to report any unauthorized or erroneous transaction with respect to E-Voucher(s) may do so by sending an email at http://shangrilacentreub.mn/s-rewards/ or as specified in the Programme Mobile Application.
- Any report made by a Member in relation to any unauthorized transaction with respect to E-Voucher(s) shall be subject to the Company's assessment. For the assessment, the Member must cooperate with the Company and provide the Company with all documents and information requested by the Company in connection with the reported unauthorized transaction.
- Members shall be liable for all losses and damages arising from any unauthorized or erroneous transaction in respect of E-Voucher(s), whether negligent, reckless or intentional or not.
- It is Members' responsibility to enable transaction notification alerts on their devices. The Members shall monitor all their transactions in the Accounts regardless of whether the Members have turned on such transaction notification or not.
- Members shall not:
a. voluntarily disclose any login details to any third party, including to initiate or execute any payment transaction involving their Accounts; or
b. keep a record of any login details in a way that allows any third party to easily misuse the login details.
7. Members shall make all reasonable efforts to secure their login details, such as keeping the login details in a secure electronic or physical location accessible or known only to themselves or keeping the login details in a place where the login details are unlikely to be found by a third party.
8. Members shall at the minimum do the following when accessing their Accounts:
- a. update the device's browser to the latest version available;
- b. patch the device's operating systems with regular security updates provided by the operating system provider;
- c. install and maintain the latest anti-virus software on the device, where applicable; and
- d. set up password ranging from 8 to 15 characters, including a combination of characters comprising lower case, upper case, special character and numeric character.
9. Members shall report all unauthorized and/or erroneous transactions to the Company as soon as practicable but within seven (7) days at the latest after receipt of any transaction notification alert or within seven (7) days of the date of the transaction. Where a Member is not able to report the transaction to the Company within the aforementioned time periods, the Member shall, if the Company so requests, provide the Company with reasons for the delayed report. The Member can report the transaction by emailing the Company at http://shangrilacentreub.mn/s-rewards/.
10. A Member, who is reporting an unauthorized and/or erroneous transaction, shall, within a reasonable time, provide the Company with the following information as requested by the Company:
- a. the log in details of the affected Account, including without limitation how such log in details are maintained and whether such log in details were disclosed to any third party;
- b. the Member's identification information such as full name and date of birth;
- c. the type of device used to perform the transaction;
- d. if the Account, device, or login details was lost, stolen or misused,:
- i. the date and time of the loss or misuse; and
- ii. the date, time and method that the loss or misuse was reported to the police;
Part G - General Terms
- The purchase, transfer, use and carry out of any activity or transaction or make any dealing involving any E-Voucher shall be subject to additional procedural or operational requirements as the Company may prescribe from time to time which are published on the Programme Mobile Application. A failure by a Member to observe or comply with such procedural or operational requirements may result in a delay in the Company processing or giving effect to the relevant purchase, transfer, use, activity, transaction or dealing.
- The Company is not involved in the provision of any goods and/or services by any Participating Retailer. A Member shall address and/or resolve any question, dispute or claim relating to any goods and/or services directly to and/or with the Participating Retailer from whom the goods and/or services are obtained. The Company shall not be liable for any claim, demand, loss, cost, expense or liability of any kind (whether direct, indirect, special, consequential or otherwise) which may be suffered or incurred by any person or a Member:
a. in using or attempting to use any E-Voucher in any way and for any purpose;
b. in relation to any goods and/or services provided or to be provided by a Participating Retailer, including but not limited to any defect, damage, disruption, failure and/or unavailability; or
c. in connection with any act or omission by a Participating Retailer, including but not limited to any refusal of a Participating Retailer to accept, recognize or honour any E-Voucher.
3. You shall indemnify us and keep us indemnified against any loss, damage, liability cost and expense (including legal costs and disbursements on a full indemnity basis), directly or indirectly arising from or relating to your misuse of the E-Voucher(s) and/or breach of any of these Terms, including without limitation, committing any fraud or misrepresenting any information supplied or to be supplied to us under these Terms.
4. Each of these Terms is severable and distinct from one another and if at any time, any one or more of these Terms or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not be affected or impaired in any way.
5. You agree to be bound by these Terms and all other terms and conditions governing the use of benefits or privileges in connection with your Membership, as the same may be amended from time to time. If there is any conflict between these Terms and other terms and conditions, the former shall prevail and apply with respect to E-Vouchers only, and the latter will be deemed to be modified so far only as it is necessary to give effect to the provisions of these Terms. Unless otherwise provided by these Terms and Conditions, nothing in these Terms and Conditions will affect the validity and enforceability of our rights or remedies under any other terms and conditions which will continue to apply.
6. The rights and remedies provided in these Terms are cumulative and not exclusive of any other right or remedies, whether provided by law or otherwise.
7. No failure on our part to exercise and no delay on our part in exercising any right or remedy under these Terms will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under these Terms or any breach of these Terms on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
8. These Terms represent a legally binding agreement between us and you in terms of the E-Vouchers under the Rewards Programme. This document supersedes all other prior agreements between us and you, whether oral, written or in any other representations.
9. All interpretations of these Terms shall be at our sole and absolute discretion. In case of dispute over the interpretation of these Terms and Conditions, our decision shall be final and binding.
10. These Terms may be translated into other languages but in the event of any inconsistency, the English version shall prevail over any other version.
11. These Terms 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.
12. 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 these Terms (including non-contractual disputes or claims)