GEMS Website Terms and Conditions
Please read these Terms and Conditions carefully, because they govern your use of this website (the "Site"). By using the Site you agree to be bound by them. If you do not agree to them, you cannot use the Site.
We may change these Terms and Conditions from time to time by publishing an amended version here, and you accept any changes by continuing to use the Site. We may change any aspect of the Site itself at any time.
These Terms and Conditions were last amended on 30 January 2013.
1. WHO WE ARE
1.1 We are GEMS Education, a business name of the legal entity named on the Site's Contact Us page, which operates the Site.
2. HOW YOU MAY USE THE SITE
2.1 You may only use the Site lawfully, for personal (non-commercial) purposes and in a manner which does not damage the Site or infringe the intellectual property or other rights of any person, firm or company. You agree to use the Site (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which you access the Site.
2.2 You may download and store one copy of any page or other element of the content of the Site (the "Content"), and may make one printed copy, for your personal (non-commercial) use only, but you must not distribute any Content to other people or delete or change any copyright, trademark, or other proprietary notices. If you wish to make further copies of any Content, or to distribute copies of any Content to other people, you must first obtain our written permission. Please direct all enquiries for permission to email@example.com.
2.3 You agree that in using the Site (or any part thereof) or the Content you will not attempt to gain unauthorised access to any part or component of the Site or the Content, the server on which the Site is stored or any server, computer or database connected to the Site. In the event that you have a claim against another user of the Site arising out of that user’s use of the Site or the Content, you agree to pursue such right, claim or action independently of and without recourse to us.
2.4 The use of the Site by a minor is subject to the consent of their parent or guardian. We advise parents or guardians who permit their children to use the Site that it is important that they communicate with their children about their safety online. Minors who are using the Site, and in particular any interactive element of the Site, should be made aware of the potential risks to them by their parent or guardian.
2.5 You agree that you will not place or transmit false or misleading information on or through this Site or input or upload to this Site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or this Site.
2.6 You agree that we may terminate or suspend your use of the Site at any time and for any or no reason, even if we continue to allow others to use it. You agree that we will not be liable to you for any loss caused by termination or suspension of your access to the Site.
3. LINKS TO THIS SITE
3.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3.2 We reserve the right to withdraw linking permission for any reason without notice.
4. USER-GENERATED CONTENT / INDEMNITY
4.1 Other than your personal information, any material you upload to the Site will be considered non-confidential and non-proprietary, and we may use, copy, distribute and disclose to third parties any such material for any purpose.
4.2 If you post any material to the Site you must do so in a manner which complies with paragraph 2 (How you may use the Site), and which is considerate of the Site's other users. You acknowledge that you are responsible for the material that you post and that we may not check materials before they are published. Your posted material must not be defamatory, obscene, discriminatory, insulting, blasphemous or malicious and it must not incite anybody to commit a crime. You should not upload any information about identifiable persons other than yourself except with their consent.
4.3 You confirm that all information and details provided by you to us (including on registration, if applicable) are true, accurate and up to date in all respects and at all times and that you will comply with the restrictions on your use of the Site as set out in paragraph 2 (How you may use the Site) or as set out elsewhere in these terms and conditions. You further confirm that in relation to any material submitted to the Site, you have the right to do so and have obtained all necessary licences and/or approvals.
4.4 You must indemnify us in full against any claims from other persons, firms and companies, and any associated losses, liabilities, damages or costs of any kind, that may arise as a result of your use of the Site (including any breach or suspected breach of these terms or conditions), your violation of any law or the rights of a third party or our publishing your posted materials, except to the extent that they are caused by our editing of your materials.
5. OUR LIABILITY / ACCESS
5.1 The Site and the Content are provided as a convenience and for general information purposes only. Commentary and other Content posted on the Site are not intended to amount to advice on which reliance should be placed. Therefore, although we have taken reasonable care in the preparation of the Site and the Content we do not warrant that it will always be available, that it will be free from errors, bugs or viruses or that the Content is accurate or up to date (and any reliance placed on the Content is entirely at your own risk). To the extent possible under applicable law we exclude all liability which might otherwise arise, in contract, tort (including negligence) or on any other basis, as a result of your access to or use of the Site or the Content.
5.2 Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Site without notice to you. We will not be liable if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site or the Content. You are also fully responsible for ensuring that any person who has access to the Site through your internet connection is aware of these terms and conditions, and that they comply with them.
5.3 We have no control over, and accept no responsibility for, the content of any other sites that we may link to from the Site. The inclusion of links to other sites does not mean that we endorse them.
6. INTELLECTUAL PROPERTY
6.1 We are the owner or the licensee of all intellectual property rights in the Site and the Content. Those rights are protected by laws and treaties around the world. All such rights are reserved.
6.2 Except as specifically permitted in paragraph 2 (How you may use the Site), you agree that you will not copy, distribute or otherwise use any element of the Site or the Content, and that you will not otherwise infringe our intellectual property rights (or those of our licensors) in the Site or the Content.
6.3 If you wish to quote our editorial content in promotional materials or on product packaging, please contact us on firstname.lastname@example.org. Generally, we will ask that you sign an agreement with us stating that you will use the quote in context, attribute the quote accurately and identify us as the source. Please keep in mind, however, that we do not sponsor or endorse products or services of others.
7.2 We may co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching or in breach of paragraph 2 (How you may use the Site) or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Site or the Content.
7.3 We may investigate any reported breach of these terms and conditions or complaints and take any action that we deem appropriate (which may include, without limitation, removing any of your information, issuing warnings, suspending, restricting or terminating your access to and/or removing any Content from the Site. We also reserve the right at our discretion to suspend, restrict or terminate your access to this Site at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in paragraph 2 (How you may use the Site).
8. DISPUTES AND GENERAL
8.1 For the purposes of this section you are a consumer if you access the site for reasons outside your trade, business or profession.
8.2 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
8.3 If you are a consumer, the English courts will have non-exclusive jurisdiction over any such dispute or claim, but either of us may instead bring proceedings in your country of residence.
8.4 If you are not a consumer, any such dispute or claim will be referred to and finally resolved by arbitration under the arbitration rules of the DIFC-LCIA Arbitration Centre, which rules are deemed to be incorporated by reference into this paragraph. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai, UAE. The language to be used in the arbitration shall be English.
8.5 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the remaining terms will continue to apply.
8.6 Unless we otherwise expressly agree in writing, these terms and conditions constitute the entire agreement between you and us with respect to your use of the Site and the Content and, if you are not a consumer, supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
8.7 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
All contents of this Site are Copyright ©2013 GEMS Education. All rights reserved.