S REWARDS WEBSITE TERMS AND CONDITIONS
This website http://shangrilacentreub.mn/s-rewards/ ("Website") is owned and operated by “Shangri-La Ulaanbaatar Hotel” LLC (Registration number: 5149037), a company organized under the laws of Mongolia, having its registered office at Property Management Office, Level 5, Shangri-La Centre, 19 Olympic Street, 1st khoroo, Sukhbaatar District, Ulaanbaatar 14241, Ulaanbaatar, Mongolia; and “Shangri-La Ulaanbaatar” LLC (Registration number: 2876388), a company organized under the laws of Mongolia, having its registered office at unit 513. Central Tower, located at Sukhbaatar square – 2, 8th khoroo, Sukhbaatar District, Ulaanbaatar, Mongolia (collectively the “Company”);
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Website (known collectively as the "Terms and Conditions"). By using the Website, you will be deemed to have accepted these Terms and Conditions.
By accepting the Terms and Conditions, you will be entering into a binding agreement with the Company for the use of this Website. The use of "we" or "us" refers to the Company.
Use of the Website
The Website provides marketing and promotional information about membership benefits and privileges of S Rewards Programme ("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").
The Website and its content are made available for your personal, non-commercial use. The Website should not be used for unlawful, immoral or illegal purposes or for any purpose other than those stated in the Terms and Conditions. The Company reserves the right to deny access to the Website to any user who violates the Terms and Conditions, the Privacy Policy, the Cookies Policy or at its sole discretion.
You must not engage in any conduct or do anything that would damage, impair or interfere with the operation or security of the Website, the system hosting the Website, 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 Website, without any liability to you or any other person.
If you are a child or minor, you may only use the Website and services with the permission of your parent or guardian.
Some parts of the Website are restricted Rewards Programme member areas, containing member information such as member's profile, points earned and history of transactions. Only registered members may access such areas.
Intellectual Property
The Website 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 intellectual property and other laws, including but not limited to copyright. No licence is granted in respect of those intellectual property rights. Your use of the Website does not grant, transfer to or confer upon you any right, title or interest in the Content.
By using the Website, 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 Website in compliance with the Terms and Conditions. The Website may only be used for personal and non-commercial purposes. No permission or authorisation is granted to you, or anyone acting on your behalf, to print, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload, download, store, display in public, sell, licence, reverse engineer, decompile, or disassemble the Contents without the prior written consent of the Company, save and except to the extent permitted by copyright laws and/or for the downloading and printing of the Contents for personal record-keeping purposes only.
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. No permission or authorisation is granted to you to use, or permit others to use the Company's icons, site addresses, or any other means to hyperlink other Internet sites with any page in the Website unless specifically permitted by the Company in writing.
You can send your comments, suggestions, ideas, or feedback concerning the Website or any of the services made available to you on the Website ("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, amend and maintain our rights in the Feedback.
Rewards Programme Membership
You must enrol as a member of the Rewards Programme ("Member") to enjoy the membership benefits and privileges, and create a 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 the Website or via the S Rewards Mobile Application.
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 enrol 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 your 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 and used to purchase goods and/or services provided by the Participating Retailers in the Mall.
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 marketing.ub@shangri-la.com or by telephone at +976 7010 1919.
Privacy Policy
We respect your privacy and is 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 Website. How we collect, use and disclose your personal data is set out in the Rewards Programme Privacy Policy. Your continued use of and access to this Website constitutes your acceptance of the Privacy Policy.
By using this Website, you consent to receiving direct marketing and promotional communications from us. Accordingly, we will send you either via emails, SMS messages, push notifications, 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 marketing.ub@shangri-la.com.
Disclaimers
All reasonable efforts have been made to ensure the accuracy of the content and materials displayed on the Website. The Company regularly reviews the Website and, where appropriate, will update pages to reflect any changes to the features, functionality and available services of this Website.
The Website, the content and materials, and goods and services on the Website 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 Website or any sites linked to the Website, compatibility between the Website 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 Website.
The materials on the Website are for general information only and nothing in the Website 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 Website 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 Website is at your own risk. We do not warrant or represent that your access to the Website will be uninterrupted or without any error or that any information, data, content or other material accessible in connection with the Website will not have 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 Website 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 Website 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 full 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 Website or any sites linked or associated with the Website.
Limitation of Liability
Notwithstanding all efforts made by us to ensure the security, functionality and accuracy of the Website, and to the full 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 Website; (ii) any inaccuracies, omissions, mis-statements or errors in any content or materials in the Website; (iii) the access to or use of the Website; (iv) the access to or use of any information held on or through the Website by unauthorised third parties; (v) any delays, disruptions, defects, failures, or technical errors caused by the Website; (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 Website; or (vii) the performance or non- performance by the Company with respect to products or services available in the Website; even if you have been advised of the possibility of any or all of the foregoing.
Notwithstanding the above, and to the full extent permitted by law, you agree that in the event we are held liable for any damages related to this Website, 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 full extent permitted by law, you hereby waive any and all rights to bring any claim or action related to this Website 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, its officers and employees 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 these Terms and Conditions, your use of the Website 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 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 Website;
- 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 its absolute discretion.
Third Party Websites
The Website may contain links to third parties' websites 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 site or the products or services provided at those sites. Please note that we are not responsible for the content of such websites or for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. You link to any such websites at your own risk and we advise you to check the terms and conditions and privacy policies of those other websites before using them and disclosing your personal data.
Occasionally when linking to another site, you may still see our Website's logo or frame. This is to provide you with a seamless experience when visiting our Website. In these cases, you are no longer on our Website and you should only link to a third party site if you are willing to accept responsibility for and the risks associated with, use of that site. You will always know what website you are on by checking the location bar within your browser.
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 post the amended version on the Website. Your continued use of the Website 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 Website.
Miscellaneous
We retain our right to exercise or enforce any right contained in the Terms and Conditions. If we fail to take action, it shall not be deemed as a waiver of its 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 these 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 these 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 Website, please contact us by email at marketing.ub@shangri-la.com or by telephone at +976 7010 1919.