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Forever Fans

Mandarin Oriental Alumni Community 

Terms & Conditions

Mandarin Oriental (UK) Limited
Forever Fans Terms and Conditions September 2020

General Terms and Conditions

Forever Fans Mandarin Oriental Alumni Community (the “Forever Fans”) is operated and administered by Mandarin Oriental (UK) Limited and its affiliates (collectively, “MOHG”). Forever Fans will provide former Mandarin Oriental colleagues the opportunity to access privately-listed MOHG alumni sites; receive e-newsletters featuring MOHG news and updates which may include: MOHG press releases, featured career opportunities, learning videos, and webinars for self-development. The terms and conditions applicable to Forever Fans are set out in these “Terms and Conditions”.

Alumni acknowledge and agree that their participation in Forever Fans is subject to and contingent on Alumnus’ acceptance of the MOHG Privacy Policy found at: www.mandarinoriental.com/privacy-policy, Ad and Cookie Policy found at:  alumni.mandarinoriental.com/cookie-policy, and Legal Notices found at: www.mandarinoriental.com/legal-notices. These policies and notices are deemed to be incorporated into these Terms and Conditions.

Membership to the Forever Fans will only be granted to individual persons. MOHG may grant or deny membership in the Forever Fans in MOHG’s sole discretion, without the need for any reason or explanation. Individuals must be current or former employees of Mandarin Oriental Hotel Group. It is an Alumnus’ sole and exclusive responsibility to ensure that they comply with this eligibility requirement. Corporations and/or organisations are not eligible to enrol in the Forever Fans.

Individuals who register and are granted membership in the Forever Fans (“Alumnus” or “Alumni”) are eligible for Forever Fans access and benefits (collectively “Benefits”). All Alumni acknowledge and agree that they must satisfy the previous employment requirements specified above in order to legitimately benefit from membership in the Forever Fans.

Membership in the Forever Fans is free, has no cash value and is not commissionable. No purchase is required to apply for membership in Forever Fans.

Enrolment in Forever Fans can be made online at alumni.mandarinoriental.com (“Forever Fans Gateway”). By enrolling and / or participating in Forever Fans, Alumni agree to abide by these Terms and Conditions. To enrol in Forever Fans, Alumni must provide their first and last names, a valid email address, the MOHG property/office in which they were employed, and years of employment.

MOHG reserves the right to amend or modify Forever Fans, Forever Fans structure and/or these Terms and Conditions at its sole discretion at any time, with or without notice. Forever Fans modifications may include changes to Benefits and offerings. An Alumnus’ continued use of Forever Fans will constitute acceptance of the amendments and modifications.

For specific Forever Fans questions, please direct all communications to Mandarin Oriental’s Corporate Human Resources Team at: hr-enquiry@mohg.com.

MOHG may immediately suspend or terminate an Alumnus’ membership in Forever Fans at any time without notice and/or for any reason, and in MOHG’s sole discretion; including without limitation, if MOHG suspects (even if not proven) the Alumnus has breached or violated these Terms and Conditions, engaged in misuse or wrongdoing in connection with Forever Fans, acted in a fraudulent, inappropriate, hostile or abusive manner, acted in a manner inconsistent with any applicable law, regulation, rule or ordinance, or resides in or relocates to a country where membership is prohibited under applicable law. Such termination will result in an automatic forfeiture of any Benefits and Alumnus will no longer be able to participate in Forever Fans (a record of such termination will be retained in MOHG’s records). Nothing contained in these Terms and Conditions shall limit MOHG in the exercise of its legal or equitable rights or remedies.

Alumni acknowledge and agree that MOHG reserves the sole and exclusive right to the interpretation of these Terms and Conditions. In the event of any dispute with Alumni, the determination of MOHG of the dispute will be final, without right of further appeal.


Forever Fans Membership

Membership in Forever Fans is free and available to former MOHG employees that meet the specifications set forth in these Terms and Conditions. Participation in Forever Fans indicates acceptance of these Terms and Conditions as well as any changes or modifications made to them by MOHG from time to time.

No Alumnus may transfer, assign or otherwise dispose of their Forever Fans membership to a third party.

By enrolling in Forever Fans, Alumni agree to the collection and use of Alumnus’ Personal Data in connection with Forever Fans by MOHG. By providing contact information and selecting the ‘opt-in’ marketing preference, Alumni agree to receive marketing communications, which may include offers and promotional messages, from MOHG. Alumni can unsubscribe from marketing communications at any time, by contacting hr-enquiry@mohg.com. In respect of job applications via Forever Fans, by registering for Forever Fans, Alumni may receive notifications of job opportunities that MOHG consider to be of interest to the Alumnus.

MOHG is not responsible for communication errors resulting from a change to Alumnus’ email address or contact information. Any change to Alumnus’ email address should be provided by Alumnus to Mandarin Oriental’s Corporate Human Resources Team. Alumni can log into their online account on the Forever Fans Gateway.

Providing fictitious, incorrect or false information may result in termination of your Forever Fans membership and forfeiture of all Benefits.

An individual is not permitted to have more than one alumni profile. In the event more than one profile is assigned to the same individual, the duplicate profile may be cancelled by MOHG.

Membership may be cancelled by an Alumnus at any time by notifying Mandarin Oriental’s Corporate Human Resources Team by email. Cancellation may take up to two (2) weeks to finalise. Upon cancellation, membership will be deactivated, and any offers or unused Benefits will be forfeited.

Any Membership that has been inactive for a period of not less than five years may be terminated by MOHG, in its sole discretion, with any unused Benefits being forfeited. Membership will also automatically terminate upon the death of the Alumnus, with any unused Benefits being forfeited.


Data Privacy and Membership Communications

Alumnus accepts and explicitly agrees that Personal Data which is supplied by or on behalf of Alumnus when enrolling for membership in Forever Fans and/or supplied to and/or obtained by MOHG during the course of the Alumnus’ membership in Forever Fans, will be processed by MOHG in accordance with the MOHG Privacy Policy (found at: www.mandarinoriental.com/privacy-policy). In particular, but without limitation, MOHG processes Alumni’s Personal Data as follows:

MOHG will collect, retain and process Alumni’s names, contact details, and information related to your use and interaction with the Forever Fans Gateway. (collectively, “Personal Data”) from the information Alumni provide MOHG.

Alumni’s Personal Data will be shared with MOHG’s global network of companies and the service providers that assist MOHG with administering Alumni’s Personal Data (collectively, “MO Hotel Network”). Accordingly, an Alumnus’ Personal Data may be transferred to, processed in and stored at a country outside an Alumnus’ country of residence (including outside the EEA, if the Alumnus is an EEA resident).

Where the Alumnus has consented to receive marketing communications, the MO Hotel Network may contact Alumni by email to inform Alumni of  news updates and announcements concerning our hotels; hotel development; group-wide initiatives; featured career opportunities; and invitations to participate in polls, surveys, and video webinars.

Alumni may withdraw their consent to receive communications under Forever Fans by updating their online Alumnus profile via the Forever Fans Gateway or by directly notifying Mandarin Talent Acquisition Team. Any other methods of withdrawing consent will not be valid or acceptable unless otherwise agreed to in writing by MOHG.

Forever Fans communications may be sent to the Alumnus’ email address, phone number or such other contact details as provided in the Alumnus’ account. Alumni are solely responsible for keeping their email address and other contact details current, and for keeping all such contact details secure against unauthorised access.

Alumni may change personal details held by MOHG at any time by accessing their Forever Fans membership account via the Forever Fans Gateway.

MOHG may disclose details of Alumni’s membership in Forever Fans to the extent required by applicable laws and regulations, or as may be required by court order.


Forever Fans Benefits

Alumni acknowledge and agree that, with respect to Alumni’s use and enjoyment of Benefits: (a) MOHG utilises Forever Fans to facilitate communications between the Alumni and MOHG to aid in talent acquisitions; (b) and employment with MOHG is not guaranteed.

Benefits may be changed, substituted or deleted by MOHG from time to time at MOHG’s discretion and are subject to availability.

Except as expressly set forth in these Terms and Conditions, Benefits are made available only to previous MOHG employees that meet the specifications set forth in these Terms and Conditions and are void if an Alumnus sells, barters, auctions, donates, assigns, conveys, or otherwise transfers them (or makes any attempt to do so) in a manner not expressly allowed by these Terms and Conditions or otherwise permitted by MOHG (in writing) in its sole discretion.

Benefits are subject to all applicable laws, rules, regulations, ordinances and may be subject to applicable taxes and fees. All taxes and fees are the sole responsibility of the Member.

Some Benefits may not be available at all MO Hotel locations.

Unless otherwise stated, the Benefits cannot be used in conjunction with any other promotions or discounts.


Indemnification and Liability

Alumni hereby agree to waive and release, indemnify, hold harmless, and forever discharge, and covenant not to sue MOHG, its shareholders, employees, agents or contractors (collectively “Indemnified Parties”) for any and all claims, damages, liabilities and expenses of any kind or nature arising from, relating to or associated with the  Alumnus’ Membership under Forever Fans and/or Alumnus’ use or enjoyment of the Benefits.

In the event Alumnus has any complaint, dissatisfaction, claim or other issue of any kind or nature arising from, relating to or associated with the Alumnus’ Membership under Forever Fans and/or Alumnus’ use or enjoyment of the Benefits, Alumnus’ sole and exclusive remedy against MOHG will be termination of its membership in Forever Fans.

IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH FOREVER FANS OR THESE TERMS AND CONDITIONS.


Other Terms

No Warranties or Representations, Express or Implied. MOHG makes no warranties or representations, either expressed or implied with respect to type, quality or fitness of goods or services provided through Forever Fans.

Not Responsible for Acts, Errors, or Omissions. MOHG is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Alumnus application, correspondence, redemption requests, or Benefits; (b) theft or unauthorised redemption of Benefits; (c) any acts or omissions of third parties (including, without limitation, MO Hotels); or (d) any errors published in relation to Forever Fans, including, without limitation, any pricing or typographical errors, errors of description, errors regarding MO Hotels, and errors in the awarding of Benefits to Members. MOHG reserves the right to correct, without notice, any errors.

Prevailing Language. In the event of any discrepancy between the English version and any translated version of these Terms and Conditions, the English language version will prevail.

Waiver. MOHG’s waiver of any breach of these Terms and Conditions by any Alumnus will not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. MOHG’s failure to insist upon strict compliance with these Terms and Conditions by any Alumnus will not be deemed a waiver of any rights or remedies that MOHG may have against that, or any other, Alumnus. MOHG may waive compliance with these Terms and Conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Alumni.

Severability. If any provision of these Terms and Conditions is declared invalid by order, decree or judgment of a court of competent jurisdiction, these Terms and Conditions must be construed as if such provision had not been inserted herein, and such invalidity will not affect the other provisions of these Terms and Conditions. All provisions not affected by such invalidity will remain in full force and effect.

Governing Law. Membership in Forever Fans and any complaint, dissatisfaction, claim or other issue raised against MOHG in relation to or associated with Forever Fans will be subject to the laws of England.

Dispute Resolution. Alumni agree that any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (“LCIA”) Rules, which Rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be one.

The seat, or legal place, of arbitration shall be London, England.

The language to be used in the arbitral proceedings shall be English.

The governing law of the contract shall be the substantive law of England.

Entire Agreement. These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire agreement between MOHG and Alumni relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except as agreed in writing, or as may be unilaterally amended or modified by MOHG in accordance with these Terms and Conditions.