We encourage you to read these terms carefully, and to contact us if you have any questions. By using our services or registering for a course, you agree to be bound by these terms. If you do not agree to be bound by these terms or are not able to enter into a binding agreement, then you may not register for a course, or use our services.
A. Welcome to Gem-A
This Agreement ("Terms") sets out the terms and conditions that govern your use of Gem-A's products and services (including website services and course content), as well as your registration for any short course or other programme ("Course") offered by Gem-A.
- If your participation in a Course is being paid for by a third party, such as a sponsor or your employer (“sponsor”), then you will be bound by all provisions in these Terms (including payment provisions).
B. Accessing GemIntro
- Acceptance: By clicking on "I have read and agree to the website terms and conditions" when signing up for a Course, you agree to be bound by these "Terms", which include, by reference, the Policies.
- License: Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our Courses, and the Online Campus through which Course content is accessed.
- Suitability of Course: Before registering for any Course, you are responsible for establishing the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our websites, and asking questions, if necessary.
- Commencement of Course: You will only receive confirmation of your registration for a Course, and be allowed access to the Course, once you (or your sponsor) have made the required minimum payment for the Course.
- Minors: You will not be allowed to register for a Course if you are under the age of 18.
Accessibility statement: Gem-A is committed to providing courses that are accessible to the widest possible audience. Accessibility was considered carefully in the creation of GemIntro. All videos will have a transcript available to read via the video thumbnail, as well as closed captions which can be turned on/off via the video player. The course content is also available as a pdf download. If you would like to know more before registering for the course, please don’t hesitate to contact us by email to firstname.lastname@example.org.
C. Course requirements
- Basic requirements: In order to register, and complete GemIntro you must be proficient in English (or the language the applicable Course is primarily offered in), and you will need a current valid email account and access to a computer and the internet. You should be familiar with using a computer and accessing the internet.
- Browser/operating system support: GemIntro has been tested using the following browsers: Google Chrome, Mozilla Firefox, Safari and Edge. For the best user experience, we recommend using any of the browsers mentioned. This course has also been tested using the following mobile/tablet operating systems: Android 11, IOS 14. For the best user experience, we recommend using any of the mentioned operating systems.
- Additional requirements: All videos are streamed from Vimeo. Please ensure you have access to vimeo.com to allow the videos to run as intended.
- Disclaimer: You are obliged to obtain access to the necessary software and resources required for Course completion at your own cost, and we won't be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources – these are simply programs chosen for their global use patterns and effectiveness for the Course outcomes. We may change the Course requirements for a particular Course at any time by advising you through the applicable Online Campus or by email to your chosen email address.
- Education Records: Gem-A reserves the right, at our discretion to deny your registration for a Course, remove you from a Course, suspend your activity on a Course, or withhold your certificate upon successful Course completion, on the basis of written reasons related to misconduct or other lawful impediment.
D. Course delivery
- Language: English is the primary language of delivery and administration for this Course. Courses offered in a language other than English have been translated from English.
- Online Campus: Your Online Course can be accessed via the dedicated course website. All Course-related documentation is provided in electronic format and can be accessed through the main course home page.
- Communications: You may receive communication by email from Gem-A for Course administration and related purposes, including reminders of completion or expiry dates or other information related to your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time, through the supplied opt-out mechanism).
- Permitted use: Only students who are registered for a Course may participate in that Course. You may not divulge your username or password to any other person, permit any other person to participate in the Course on your behalf, and/ or impersonate any other person in dealing with Gem-A or when accessing your Online Course by using another student's username and password. If you forget your username or password, we will only take such steps that we regard as being secure to ensure that you regain access to your profile.
- Your responsibility in the event of unauthorized use: You agree that you will contact us immediately if you experience any unauthorized use of your profile details. You are responsible for the use of your profile in your Online Campus, and for maintaining it and all information on it. We take security seriously, but as the user, you accept all risks of any unauthorized access that could occur regarding your information.
- Access disputes: If there is a dispute as to who has the right to operate a profile in an Online Campus, we may suspend the profile and deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
- Prohibited use: You are prohibited from doing the following:
- Making available copies of the Course content on a network server or web server for use by others;
- Using, displaying or otherwise making available the Course content (or any portion thereof), or any other materials, to third parties in an electronic or print format that enables it to be downloaded or distributed to any third party via a mobile device, or shared in any peer-to-peer or similar file sharing arrangement, or enabling the distribution of the Course content by any other means;
- Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or your rights granted to you under these Terms, unless specifically granted written permission by Gem-A.
- Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the Online Campus; and
- Removing any notice of copyright, trademark or any other proprietary right from any place where it is displayed on or embedded in the Course content.
- Platform capability: Courses may not be fully compatible with all mobile devices, including smartphones and tablets. In order to access and participate effectively in your Course, you will be responsible for the cost of internet access and of any upgrades required to your computer or mobile device yourself.
E. Course assessment
- For information on course assessment, learning outcomes and qualification level please refer to the relevant course specifications document for your course.
F. Student conduct
- You undertake not to use GemIntro to promote any business or enterprise, unless permitted to do so by a representative of Gem-A in writing. To the extent that any person is harmed by your comments, Gem-A shall not be held responsible for your behaviour and you hereby release Gem-A from and indemnify Gem-A against any such liability.
G. Pricing, payment and delivery
- Course fees: When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course. Course fees are payable in full in advance of Course commencement.
- Invoices in electronic format: You hereby consent to the receipt of an invoice from Gem-A, which shall be sent to you in electronic format to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
- Bank charges: If any bank charges, wire fees and/or other costs are levied on or added to a payment made by you to us, you will be liable for all such bank charges, fees and/or additional costs.
- Payment of VAT and other Taxes: Gem-A does not charge VAT on education courses.
- Promo codes: If you have been provided with a promo code and you would like to make use of it when you register for a Course, you will have to indicate this on the GemIntro website when registering for the relevant Course (where indicated) and agree to be bound by the terms and conditions of this promo code. Should you register without utilizing the promo code, the promo code will become redundant, and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Course fee, once payment has been received by us. Promo codes are non-transferable and non-refundable.
- Dispute: If there is a dispute about payment of any Course fee (or any portion thereof), or the way in which you use your Online Campus or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
H. Cancellations and Postponements
- Course postponement: Access to GemIntro will be granted for 6 months from the date of course registration, not from actual course commencement. If you wish to postpone your participation in a Course or request an extension to your course access you will need to contact Gem-A. Please note that a postponement or extension of a Course is at Gem-A's discretion and may only be permitted once, with no repeat postponements or extensions permitted.
- Refunds: You have 14 calendar days from the date of registration to cancel your course, provided the course has not been completed in this time. For cancellations received within 14 days from the date of registration, and provided the course has not been completed, you will incur a 25% cancellation fee. For cancellations received after 14 days from the date of registration, no refund will be given. Any refunds will be issued back to the original method of payment and any applicable bank charges will be offset against the refunded amount.
- Insufficient demand: We reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
- A Certificate of completion will be issued to you in your name that you provide to us during the registration process, following your successful completion of a Course in accordance with the stipulated requirements for the award of a Certificate. No Certificate will be issued to you if you have not met the minimum stipulated requirements for the award of a Certificate. No changes can be made to the standard form or wording of a Certificate for any reason whatsoever. Certificates will be issued in English and will only be issued electronically for you to save or print yourself. No physical hard copies will be issued by Gem-A. It is your responsibility to ensure you have provided your name correctly, any duplicate certificates requested after course completion will be subject to payment of a fee.
- Withheld Certificates: If you are eligible for the award of a Certificate, your Certificate may be withheld by Gem-A in the following circumstances:
- If you are under investigation for academic dishonesty or misconduct and such matter has not been resolved at the time of certification.
- If you fail to successfully verify your identity when identity verification is a requirement for the Course, your Certificate will be withheld until such time as you have successfully verified your identity.
J. Limitation of liability and indemnity
- No liability for Course outcomes: We will not, under any circumstances, be liable for any costs, claims, damages, or loss that you may sustain or suffer as a result of registering for and/or participating in any Course (or other services offered by us) which is not relevant, suitable or does not meet your requirements, and/or the requirements of any relevant industry or commercial body. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims, damages or loss, if after the completion of a Course you are not able to obtain employment or a promotion within your chosen field of study or attain any other outcome you may believe completing a Course will assist you to attaining.
- Limitation of liability: With the exception of our wilful misconduct, and to the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages, including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer relating to or arising from these Terms, your participation in a Course, or the termination of a Course, for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event will Gem-A's aggregate liability to you for any and all claims exceed the total amount of fees received by Gem-A from you in the six months preceding any cause of action.
- Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Gem-A, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
- Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or Gem-A's services or Courses must commence within one (1) year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
- Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from your registration for and/ or participation in a Course. This indemnity includes claims arising from your use of the Online Campus in a way that does not comply with these Terms or the unauthorized or prohibited access of your profile by a third party. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
K. Interruption of GemIntro Website or Online Campus
- Interruption of service: You acknowledge and agree that from time to time, the GemIntro Website and/or your Online Campus may be inaccessible or inoperable, by reason of one or more of the following:
- Equipment malfunctions or faults;
- Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time; or
- Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
- No breach: Such interruption to the accessibility of the GemIntro Website or applicable Online Campus will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the GemIntro Website and/or applicable Online Campus.
- Security: We will use commercially reasonable measures to secure our system and your profile in the Online Campus, and related information, however, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorized use of your account.
L. Intellectual property
- Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on the Website and/or Online Campuses or otherwise provided to students by Gem-A, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
M. Warranties and disclaimers
- Disclaimers: To the extent permissible under applicable laws, all services, Courses and their content are provided "as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
N. Termination of participation in a Course
- Modifying and terminating services: We may at any time review, change and improve our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving enrolled students reasonable prior notice of any material changes. You may also discontinue your use of our services and Courses at any time.
- Breach: If you breach these Terms and fail to remedy the breach within five (5) days after receiving a written notice, we may terminate your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee. We shall furthermore be entitled to immediately suspend your access to the Online Campus in the event of a material breach of these Terms, as determined in our sole discretion, pending an investigation into the relevant conduct.
- General complaints policy: Whether it is positive or negative, Gem-A encourages feedback from students. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner. Please email email@example.com with any questions or feedback.
- Nothing in this section will restrict our right to apply to a court should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
- Gem-A's details: These terms are a contract between you and The Gemmological Association of Great Britain (Gem-A), and certain affiliates depending on which Course you have purchased.
- Revision of Terms: We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the Website and such Online Campus, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes if you are registered for a Course at the time when such changes come into effect.
- Conflict: If any aspect of these Terms conflicts with any information provided on our website or in information packs or other Course materials, these Terms will prevail unless expressly stated otherwise.
- Severability: In the event that any part of these Terms is found to be partially or fully unenforceable, this will not affect the application or enforceability of the remainder of these Terms.
- Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gem-A without restriction.
- No indulgence/waiver: If Gem-A chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term shall be deemed a further or continuing waiver of such term.
Date of last amendment: 7 April 2022