S Rewards Programme Terms & Conditions

S REWARDS PROGRAMME TERMS AND CONDITIONS

These Terms and Conditions govern the contractual relationship between Shangri-La Ulaanbaatar Hotel LLC and Shangri-La Ulaanbaatar LLC (collectively the "Company", "we", "our", "us") and S Rewards Programme Members ("Members", "you", "your").

1. Eligibility and Membership

  • 1.1. S Programme ("Rewards Programme®" is a membership programme, providing benefits and privileges to Members if they make Qualifying Purchases of goods and/or services available at Participating Retailers in the Shangri-La Centre and Central Tower in Ulaanbaatar, Mongolia (collectively the "Mall").
  • 1.2. The Rewards Programme is open to individuals who are resident in Mongolia and aged 18 or above. Membership is not extended to minors, corporations or other legal entities.
  • 1.3. The Rewards Programme enrolment is available on the Programme Website, the Programme Mobile Application, or such other means as determined by us from time to time in our sole and absolute discretion.
  • 1.4. We reserve the right to grant or refuse the Membership at our sole and absolute discretion.
  • 1.5. A Membership number and a unique Membership QR code will be issued to a successfully enrolled Member. Members may use the QR codes issued to them to earn or use Points.
  • 1.6. The Membership is non-transferable and may only be used by the Member.
  • 1.7. Joint accounts and multiple enrolments by a single person are not allowed. If a Member creates a duplicate account, we reserve the right to merge and consolidate the details of the Member into the Member's earlier account. Any Points earned on the duplicate account will be transferred to the earlier account, retaining their original expiry date. We are not responsible for any loss of Member benefits, privileges and/or services due to the duplicate Membership.
  • 1.8. Membership enrolment forms will not be processed unless all mandatory fields (such as full name, gender, date of birth and mobile number) are completed correctly. Applicants must carefully read the Rewards Programme Terms and Conditions and the Rewards Programme Privacy Policy before submission of the enrolment forms, and such enrolment forms will only be accepted if the applicants confirm their agreement to the Rewards Programme Terms and Conditions and the Rewards Programme Privacy Policy. Notwithstanding the foregoing, an applicant will not become a Member unless and until he/she is issued with a Membership number and a unique Membership QR code.
  • 1.9. By signing up for the Rewards Programme, you shall be deemed to have read, understood, and accepted these Terms and Conditions and the Rewards Programme Privacy Policy.
  • 1.10. If you register your credit cards in the Rewards Programme, you agree to be bound by the terms and conditions of the Credit / Debit Cards in the Programme Mobile Application Terms and Conditions, which we may from time to time prescribe.
  • 1.11. You must provide us with current, accurate, truthful and complete information about yourself during the registration process and must keep your information current and up-to-date. You agree that you shall be solely responsible for all consequences of providing any inaccurate, incomplete and/or insufficient information. In the event we determine or have reason to believe that the information which you have provided to us is not current, is inaccurate, or is incomplete in any way or that you have provided us with false or misleading information, we reserve the right to either suspend or terminate your Membership.
  • 1.12. Members who wish to discontinue their Membership must provide written notice to us, upon which all benefits and privileges of the Member shall cease, and all outstanding Points will become void.

STANDARD PRIVACY POLICY

2. Points Accruals

  • 2.1. Points can be earned by you in accordance with these Terms and Conditions when you make a Qualifying Purchase of goods and/or services from the Participating Retailers in the Mall.
  • 2.2. You can check the balance of the Points that you have earned with a summary of all your transactions by logging into your Account via the Programme Website or the Programme Mobile Application.
  • 2.3. To earn Points for a Qualifying Purchase, you must identify yourself as a Member via one of these channels: (a) Your QR code within the Programme Mobile Application scanned by a Participating Retailer's terminal located in the Mall; (b) your mobile number associated with the Rewards Programme to be registered with a Participating Retailer's terminal located in the Mall; or (c) by such other means as determined by us from time to time in our sole discretion.
  • 2.4. The criteria and the points earn rate for Qualifying Purchases shall be determined by us at our sole discretion and may vary as between Participating Retailers in the Mall. Such information will be made available on the Programme Website and the Programme Mobile Application.
  • 2.5. Points will be credited to the Member's Account immediately after the Qualifying Purchase. We may delay crediting certain Points into the Account until we have verified to our satisfaction that the Points earned are not in violation of any of these Terms and Conditions and are valid. We may reject any Qualifying Purchase at our sole discretion, and any such decisions by us shall be considered final, conclusive and binding upon the Member.
  • 2.6. We may cancel, forfeit and/or otherwise deduct Points that have already been credited into the Account in our absolute discretion.
  • 2.7. Members may contact us for any missing Points. They must provide us with all supporting documentary evidence such as receipts and such claim must be made within 7 days of the transaction date for the requisite missing Points. Any decision by us with respect to missing Points shall be final and conclusive.
  • 2.8. Points accrued in the Accounts and all rights of title to and property in such Points shall remain our property at all times. Points do not entitle a Member to a vested right or interest and have no cash value. Points are not redeemable for cash and are not transferable or assignable for any reason or any purpose. Points are also not transferable between Members' Accounts.
  • 2.9. The sale, auction (including online auction), barter, transfer or assignment of any accumulated Points, exchange for cash or otherwise by any means among the Members or between Member and non-Member are strictly prohibited. Any Points which we deem in our sole discretion to have been sold, auctioned, bartered, transferred, assigned or exchanged for cash in violation of these Terms and Conditions shall be forfeited and/or cancelled, and the Members involved will have their Membership terminated and all of their benefits and privileges shall cease forthwith.
  • 2.10. All Points in the Account shall be forfeited upon cancellation or termination of the Membership, howsoever caused. For the avoidance of doubt, Members shall not be entitled to any compensation in respect of any Points which are forfeited.
  • 2.11. If a Member has obtained Points, Rewards or Prizes through fraud, dishonesty or deceit, or has abused the Rewards Programme benefits and privileges, or committed other misconduct, the Member shall, without limitation, be liable to us and/or the Participating Retailer(s) for the full price of the Redemption together with all costs, losses and damages incurred or suffered by us and/or the Participating Retailer(s) as a result thereof. Under such circumstances, the relevant Points, Rewards or Prizes will be forfeited, and the Members involved will have their Membership terminated. All of their benefits and privileges shall cease forthwith, and all their accumulated Points will be forfeited immediately.
  • 2.12. Once Points are accrued into a Member's Account, the Member automatically assumes all risks in terms of theft, unauthorized or fraudulent redemption associated with Points.

    • 3. Points Validity Period

    3.1. Points credited to the Account in a certain month of a calendar year will expire at the end of the same month of the next calendar year, from the day of accrual. Please refer to the table below for further illustration:

      Points earned and expiry examples

      Points earned on

      Points will expire on

      1

      1 Dec 2022

      31 Dec 2023

      2

      28 Dec 2022

      31 Dec 2023

      3

      29 Feb 2023

      28 Feb 2024

      3.2 We may, from time to time, amend the validity period of the Points.

      4. Discretion

      4.1. Notwithstanding and without prejudice to the other terms of these Terms and Conditions, we are entitled at any time in our absolute discretion without liability to you, without notice and without giving any reason, to:

      • i. suspend or terminate your Membership entirely, whether you are in breach of these Terms and Conditions or not. Suspension includes but is not limited to suspending access to the Account or de-activating such Account. Upon termination of your Membership, all unused Points, benefits and privileges will be cancelled; and/or
      • ii. impose restrictions on the payment method accepted for the purchase or redemption of E-Vouchers or benefits under the Rewards Programme; and/or
      • iii. refuse to allow you to participate in the Rewards Programme; and/or
      • iv. introduce, amend, restrict, suspend or terminate all or any of the benefits, services, facilities and privileges in respect of or in connection with your Membership; and/or
      • v. take appropriate administrative and/or legal actions as it deems necessary.

      5. Redemption

      • 5.1. Rewards and/or Prizes are offered subject to their availability.
      • 5.2. All Points required for Redemption must be earned by the same Member under the same Account. Pooling of Points for different Members is not allowed.
      • 5.3. Some Redemptions may only be made upon the verification of the Member's identity by us.
      • 5.4. Redemption may be made by Members by presenting the Membership QR code to one of the Participating Retailers in the Mall, or via any other means as determined by us from time to time in our absolute discretion.
      • 5.5. The list of Rewards, Prizes and the number of Points required for the Redemption of the respective Rewards and/or Prizes shall be determined by us and will be published on the Programme Website and the Programme Mobile Application from time to time. For the avoidance of doubt, we may from time to time amend the number of Points required for Redemption of Rewards and/or Prizes without prior notice to you.
      • 5.6. To the maximum extent permitted by law, we do not make any warranty or representation on any goods and/or services offered as Rewards and/or Prizes and do not accept any liability in respect of any such Rewards and/or Prizes.
      • 5.7. Any dispute arising from or relating to Rewards and/or Prizes shall be settled between you and the supplier (i.e. Participating Retailers or other external suppliers) of the Rewards and/or Prizes. We shall not be liable for any claim arising from or relating to the Rewards and/or Prizes and/or the Redemption process.
      • 5.8. Rewards and/or Prizes are non-negotiable, commissionable or redeemable for cash and must not be exchanged for cash and/or Points and/or any other Reward, Prize or consideration. Refunds for and/or replacements of Rewards and/or Prizes will not be entertained.
      • 5.9. Rewards and/or Prizes may not be sold, bartered, transferred, exchanged for cash or otherwise by any means among the Members or between Member and non-Member. Any Rewards and/or Prizes which are sold bartered, transferred or exchanged will be forfeited, and the Members involved will have their Membership terminated. All of their benefits and privileges shall cease forthwith, and their Points will be forfeited immediately. Members found doing so will be liable for all losses and damages suffered or incurred by us and/or the Participating Retailers.

      6. Membership Validity and Fees

      • 6.1. There is currently no enrolment fee or Membership fee for the Rewards Programme Membership.
      • 6.2. We may charge an annual fee for the Membership at such rate and payable in such manner as we may determine in our sole discretion.
      • 6.3. If you do not have two (2) Qualifying Purchases for a period of twelve (12) consecutive months, your Membership may be terminated by us.

      7. Change of Personal Particulars

      • 7.1. You must promptly update your profile in the Account if there is any change in your personal particulars (including but not limited to a change in your home address and contact numbers) via the Programme Website or the Programme Mobile Application, at the concierge counter in the Mall, or via such other means as determined by us from time to time in our sole discretion. 

      8.Termination of S Rewards Programme

      • 8.1. We may, at our absolute and sole discretion, without prior notice to you, suspend or terminate the Rewards Programme at any time for any reason whatsoever as we deem fit.
      • 8.2. During the suspension of the Rewards Programme, Members may not be able to perform any transaction, activity or dealing using the Programme Mobile Application, on the Programme Website or at any of the Participating Retailers, and/or enjoy any benefits and privileges of the Membership.
      • 8.3. Upon termination of the Rewards Programme, all accumulated Points will be cancelled and become void immediately, and all benefits and privileges of the Membership shall cease forthwith.

      9. Personal Data

      • 9.1. We require Members to provide certain Personal Data in order to ensure the continued operation of the Rewards Programme. We are not responsible for any loss or failure to deliver the Membership and associated benefits and privileges as a direct result of a Member's failure to provide us with up-to-date Personal Data. This includes services such as awarding Points, managing and issuing E-Vouchers.
      • 9.2. Our Privacy Policy is deemed to be incorporated into the contract between us and a Member. All information passed by a Member to us will be managed by the Rewards Programme Privacy Policy.
      • 9.3. Members may review and should update any Personal Data by accessing their Membership profiles on the Programme Website, the Programme Mobile Application or contacting the Rewards Programme Member Services by email at http://shangrilacentreub.mn/s-rewards/.
      • 9.4. Members are required to create their own confidential password when activating their Accounts. Members must ensure that this password is not disclosed to any parties. We cannot be held liable for the consequences of any disclosure of the password by Members or unauthorized use of the password, including unauthorized redemption of the Points.
      • 9.5. As the operator of the Rewards Programme, we may be required to cooperate with any government authority who may request full details of any Member's Personal Data and/or accrual and redemption of Points through their use of the Rewards Programme. We reserve the right to cooperate with the government authority without incurring any liability.

      10. Exclusion of Liability

      • 10.1. Notwithstanding any other terms or conditions in these Terms and Conditions, we shall not be liable to you for any loss, damage, inconvenience, moral distress, cost and expense of any nature (including, without limitation for any act, omission, neglect or willful default on the part of our agents, contractors, correspondents and/or their respective officers and employees) which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the Rewards Programme, including without limitation, your Account, Membership, Points, Rewards or Redemption and/or in connection with the collection, use, disclosure and/or processing of your Personal Data in accordance with these Terms and Conditions. You will release and discharge us from all claims in relation to the aforesaid loss, damage, inconvenience, moral distress, cost and/or expense.
      • 10.2. Without prejudice to the generality of the foregoing and to the maximum extent permitted by law, we shall also not be liable for any direct, incidental, special or consequential damage or loss suffered by you that may result from the collection, use, disclosure and/or processing of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.

      11. Geographic Restrictions

      • 11.1. The Programme Website, the Programme Mobile Application and any use of Points and E-Vouchers are directed solely at those who are resident in and accessing the Programme Website and/or the Programme Mobile Application from Mongolia.
      • 11.2. We make no representation that the Programme Website or the Programme Mobile Application are available or otherwise suitable for use outside of Mongolia. If you choose to access the Programme Website and/or the Programme Mobile Application and take any other action thereto (including purchasing, receiving, transferring or redeeming Points or E-Vouchers) from locations outside Mongolia, you may do so at your own risk and are responsible for the consequences and for compliance with all applicable laws.

      12. General

      • 12.1. 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 Membership and/or breach of any of these Terms and Conditions, including without limitation, committing any fraud or misrepresenting any information supplied or to be supplied to us under these Terms and Conditions.
      • 12.2. Each of these Terms and Conditions is severable and distinct from one another and if at any time, any one or more of these Terms and Conditions 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.
      • 12.3. You agree to be bound by these Terms and Conditions 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 Conditions and any other terms and conditions, the former shall prevail and apply, 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 and Conditions. 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.
      • 12.4. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any other right or remedies, whether provided by law or otherwise.
      • 12.5. No failure on our part to exercise and no delay on our part in exercising any right or remedy under these Terms and Conditions 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 and Conditions or any breach of these Terms and Conditions 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.
      • 12.6. These Terms and Conditions represent a legally binding agreement between us and you in terms of the Rewards Programme. This document supersedes all other prior agreements between us and you, whether oral, written or in any other representations.
      • 12.7. These Terms and Conditions are governed by and shall be construed in accordance with the laws of Mongolia. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Mongolia.
      • 12.8. All interpretations of these Terms and Conditions 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.
      • 12.9. These Terms and Conditions may be translated into other languages but in the event of any inconsistency, the English version shall prevail over any other version.
      • 12.10. We may amend the Rewards Programme and/or these Terms and Conditions from time to time in our sole discretion and post the amended version on the Programme Website and the Programme Mobile Application. It is your responsibility to keep yourself up to date in respect of the Rewards Programme and these Terms and Conditions. By your continued participation in the Rewards Programme and the use of the Programme Website and the Programme Mobile Application, you will be deemed to have agreed to these Terms and Conditions as amended from time to time.

      13. Definitions and Interpretation

      13.1. In these Terms and Conditions, the definition of terms shall be set out below, except where the context otherwise requires:

    1. "Account" means a Membership account for the Rewards Programme which shows the Member's profile and Membership details such as the number of Points accumulated and a summary of transactions made;
    2. "Mall" means Shangri-La Centre and Central Tower in Ulaanbaatar, Mongolia.
    3. "Member" means a member whose enrolment form for the Rewards Programme has been approved by us;
    4. "Membership" means a membership of the Rewards Programme;
    5. "Personal Data" means data, whether true or not, about an individual who can be identified from that data or from that data and other information to which we have or are likely to have access;
    6. "Points" means the Rewards Programme points awarded based on the Qualifying Purchases made at the Participating Retailers in the Mall;
    7. "Prizes" means prizes in lucky draws or contests organized by us under the Rewards Programme;
    8. "Programme Mobile Application" means the Rewards Programme mobile application called "S REWARDS" found in App Store, Google Play Store or any other mobile application stores;
    9. "Programme Website" means the Rewards Programme website at http://shangrilacentreub.mn/s-rewards/
    10. "Participating Retailers" means retailers in the Mall that participate in the Rewards Programme, as determined by us in our sole discretion. A list of all Participating Retailers is found on the Programme Website and the Programme Mobile Application and may be amended by us from time to time in our sole discretion;
    11. "Qualifying Purchase" means any purchase of goods and/or services made by a Member at the Participating Retailer(s) in the Mall, which is over MNT 10,000 in a single receipt;
    12. "Redemption" means the redemption of Points by Members for Rewards and/or Prizes;
    13. "Rewards Programme" means the S Rewards Programme managed by us;
    14. "Rewards" means the goods and/or services redeemable by Members from the Participating Retailers in exchange for Points;
    15. "Terms and Conditions" means these terms and conditions governing the Rewards Programme Membership as amended or supplemented by us from time to time; and
    16. "You" and "your" refer to the Member of the Rewards Programme.

      13.2 Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.

      13.3 The headings in these Terms and Conditions are inserted for ease of references only and shall not affect the construction of these Terms and Conditions.