Student Gems Limited
Legal Policies and Terms & Conditions
Which together are the terms applying to the use of this site:
Student Gems Limited reserve the right to review and update the above at any time so please review this page regularly as the terms applying at the time of your use of the site will apply to you
PLEASE NOTE in particular the limitations on our liability set out below in the Website Terms and Conditions for Subscribers
Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.studentgems.com (our site). This Acceptable Use Policy applies to all users of, and visitors to, our site.
www.studentgems.com is a site operated by Student Gems Limited (we or us). We are registered in England and Wales under company number 5731397 and we have our registered office at Sterling House 20 Station Road Gerrards Cross Buckinghamshire SL9 8EL.
We do not actively monitor or screen the content of materials posted, to the site but we will look into any concerns raised with us that any content or postings on the Site may breach this Acceptable Use Policy. If you believe that may be the case, please contact us with details.
You may use our site only for lawful purposes.
You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material onto the site without our express consent.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To promote or encourage participation in any pyramid selling scheme, sales arrangement or other business activity which requires Subscribers to make a payment in advance or pays commission only or is dependent on the Subscriber introducing other participants to the arrangement or scheme.
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, at our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
Issue Date: 10 December 2009
Reviewed: 17 February 2010
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.studentgems.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Student Gems Limited (Co. No. 5731397) (Company).
1.1 You may access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
- (a) no documents or related graphics on this Website are modified in any way;
- (b) no graphics on this Website are used separately from accompanying text; and
- (c) the Company's copyright and trademark notices and this permission notice appear in all copies.
2.2 The copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While the Company endeavours to ensure that this Website is available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
4. Visitor material and conduct
4.2 You are prohibited from posting or transmitting to or from this Website any material:
- (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- (b) for which you do not own the rights or for which you have not obtained all necessary licences and/or approvals; or
- (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- (e) which would constitute a breach of the Acceptable Use Policy.
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
4.5 The Company has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this Website constitutes a violation of their intellectual property rights or of their right to privacy.
4.6 The Company does not monitor content posted or uploaded by users and takes no responsibility for content published by users. Content that is deemed offensive, illegal or not in line with Company terms and conditions should be reported to the Company and will be investigated. The Company reserves the right to remove any content at its discretion.
5. Links to and from other websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- (a) you do not remove, distort or otherwise alter the size or appearance of the Student Gems logo;
- (b) you do not create a frame or any other browser or border environment around this Website;
- (c) you do not in any way imply that the Company is endorsing any products or services other than its own;
- (d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
- (e) you do not otherwise use any Student Gems trade marks displayed on this Website without express written permission from the Company;
- (f) you do not link from a website that is not owned by you; and
- (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not actively monitor the content of the Website nor does it warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
6.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website. Any reliance you place on the information contained in the Website is at your own risk.
6.3 The Company will not be responsible or liable to any third party for the content or accuracy of any materials posted by users of the Website.
7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
- (a) this Website;
- (b) the use, inability to use or the results of use of this Website;
- (c) any websites linked to this Website or the material on such websites;
- (d) your downloading of any material from this Website or any websites linked to this Website; or
- (e) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
7.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
- (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- (b) fraud; or
- (c) misrepresentation as to a fundamental matter; or
- (d) any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.4 The Company will not be responsible or liable to any third party for the content or accuracy of any materials posted by users of the Website.
7.5 The Company will not be responsible or liable to any third party for the conduct, whether offline or online, of any user of this Website.
8. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: 10 December 2009
Reviewed: 17 February 2010
Website Terms & Conditions for Subscribers
You should print a copy of these Terms and Conditions for future reference.
1 Information about us
www.studentgems.com is a site operated by Student Gems Limited (We). We are registered in England and Wales under company number 5731397 and with our registered office at Sterling House 20 Station Road Gerrards Cross Buckinghamshire SL9 8EL.
2 Services availability
2.1. Our site is only intended for use by students resident in the United Kingdom. We do not accept registration applications from students outside the United Kingdom. Businesses and private individuals may register as an employer from outside the UK.
2.2. To access the Subscription Services, you will be required to:
- 2.2.1. Register with us and the registration to be accepted by us;
- 2.2.2. Pay any fee required from time to time. Currently a fee is charged for businesses, private individuals and third party agencies to post a job for chosen periods of time ("a Posted Job"). Fees are payable in accordance with clause 2.4 below and are non-refundable. Students are not currently charged any fees; and
- 2.2.3. Observe and perform the obligations set out below.
2.3.1 After paying for a Posted Job, you will receive an e-mail from us acknowledging that your job has been posted.
2.3.2 The email will confirm how long your Posted Job will be displayed and how much you have paid.
2.4.1 Fees payable to post a job will be the amount as quoted on our site from time to time (except in cases of obvious error). Fees are liable to change at any time.
2.4.2 Payment must be made by credit or debit card or Paypal account via the Paypal facility provided on our site unless otherwise agreed by us.
3 Your status
By registering with our site, you warrant that:
- 3.1. You are legally capable of entering into binding contracts or, if applying on behalf of a business entity, have the authority to bind that entity to the terms of this agreement;
- 3.2. You are at least 18 years old;
- 3.3. If registering as a student, you meet the criteria of our definition of a studentgem, that is you are about to go to college or university to study, are currently studying at college or university, or have just finished studying at college or university.
- 3.4. If registering as a student, you are resident in the United Kingdom; and
- 3.5. If registering as a student, you are accessing our site from that country.
4 Our status as a Noticeboard
4.1. We are not an employment agency.
4.2. We provide the website as a location whereby Subscribers may offer their services to other Subscribers and Subscribers may source the services of other Subscribers. The provision and purchase of those services through the site is subject to the rules and regulations set out in this Agreement. We are not involved in any contract, agreement or arrangement that is made between Subscribers as a result of introductions or contacts made through the site.
4.2.1 In the event of a dispute between parties we reserve the right to disclose contact details, if known to us, to either party.
4.3. Please note that any resulting legal contract made between you and another Subscriber is subject to the Terms and Conditions which are agreed by you with them and to any applicable law. You should, if you so wish, take legal advice about your position before entering into any commitment. We do not and cannot guarantee the legal position of any person offering or purchasing services through the site nor do we offer any warranty or guarantee of any services supplied as a result of a contact made via the site.
4.4. The Conduct of Employment Agencies and Employment Business Regulations 2003 ("the Regulations") seek to ensure that job-seekers are only proposed by employment agencies for the roles for which they are properly qualified and that recruiters are only offered job-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since Student Gems Limited operates the site only as a notice board and does not propose or introduce job-seekers to recruiters or vice versa, it is recommended that
- 4.4.1 if you are a Subscriber and a job-seeker, you undertake the steps set out both below and in the Regulations to ensure your suitability for the role advertised, or
- 4.4.2 if you are a Subscriber and a recruiter or employment agency, that you comply fully with the legal obligations imposed on you in accordance with the Regulations and you ensure a job-seeker is suitable for the position you are seeking to fill.
4.5 Without limiting the generality of the above, as we operate as a notice board only, we would like to highlight that we do not:-
- 4.5.1 control information placed on the website by Subscribers;
- 4.5.2 carry out any checks to verify the purported identity or experience, training or qualifications of any Subscribers or the information provided to us at time of registration;
- 4.5.3 make recommendations, nor do we offer any guarantee, as to the suitability of any Subscriber for any positions for which they may apply;
- 4.5.4 take up or request any references from Subscribers. You are strongly recommended to ask for references and to follow these up;
- 4.5.5 collect enough details from Subscribers that might be needed to assess a Subscriber as a suitable or qualified worker or employer as we assume (and you hereby confirm your understanding) that a Subscriber will make all such enquiries of another Subscriber with whom you make contact to establish and assess whether you wish to enter into contractual obligations with them
- 4.5.6 check any legal requirements (eg CRB checks) or professional qualifications that an individual must (or is recommended that they should) satisfy in order to offer or engage in particular types of services. Subscribers are required to warrant that they will only offer services for which they hold any necessary licences or qualifications but if you are purchasing services, you are strongly recommended to check (a) whether such services can only be performed by certain qualified individuals and (b) that the Subscriber you are acquiring services from does indeed have those qualifications; or
- 4.5.7 get involved in or check any contractual arrangements entered into between Subscribers as a result of contact made via the site.
4.6. We cannot and do not confirm or guarantee the purported identity of Subscribers or the validity of the information which they post on the Site. You should therefore be aware of the risks of communicating with persons contacted via the site and the risk that people might be acting under false pretences. You should consider using independent ways to identify the persons with whom you may be dealing. Click here for our Safety page.
4.7. We provide Subscribers with monthly newsletters. There is the option to unsubscribe on every newsletter.
5 Rules for subscribers
5.1. You must not offer services which by law require the provider of those types of services to hold certain qualifications or licences unless you hold the required qualifications or licence. Examples of such services include (but are not limited to) medical services, legal services, dentistry, services of electricians, plumbers, gas engineers.
5.2. In offering your services via the site, you must provide accurate details and you must not provide any information which is false, misleading or inaccurate.
5.3. If posting a job you must ensure it is only posted in the most appropriate job category available.
5.4. You must not post any information on the site which breaches the copyright of any other intellectual property rights of someone else. You are referred specifically to the terms of our Acceptable Use Policy.
5.5. You must not post any information on the site which is defamatory, abusive, insulting, pornographic, indecent or offensive. You are referred specifically to the terms of our Acceptable Use Policy.
5.6 You must keep your password safe and should not disclose it to any other person. You must not allow, directly or indirectly, anyone else to use your User ID or password. Responsibility for the security of any passwords issued rests with you.
5.7. Each registration is for a single user only. The Company does not permit you to share your username and password with any other person nor with multiple users on a network.
5.8. As part of the Subscription and to facilitate introductions between Subscribers, you will be provided with certain information about other Subscribers. You must:
- 5.8.1. Not use that information other than for the purposes of communicating with that other Subscriber with a view to using the services which they have advertised on the site;
- 5.8.2. Not give such information to third parties without that Subscriber's consent other than as may be required by law; and
- 5.8.3. Take reasonable care to ensure that such information is not obtained by third parties without the other Subscriber's consent.
- 5.8.4. Not use other Subscribers' media without the other Subscriber's consent.
5.10. Use of the onsite messaging system is unlimited subject to:
- 5.10.1. Payment of any current appropriate fee, and
- 5.10.2. Our fair usage policy of 1,000 messages per day
If you breach any terms of this agreement, we reserve the right to take all or any of the following actions:
- 6.1. Immediate, temporary or permanent withdrawal of your right to use our site.
- 6.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- 6.3. Issue a warning to you.
- 6.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- 6.5. Further legal action against you.
- 6.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms. The above actions are not limited, and we may take any other action we reasonably deem appropriate.
7 Our liability
7.1. Our liability to you or any third party is limited to the total fees (if any) that you have paid to us in relating to the Subscription.
7.2. We accept no liability for any services provided to you by other Subscribers through this Site. You agree that in the event that you have any rights, claim or action against another Subscriber, you will pursue such rights, claim or action directly with the Subscriber concerned and you release us from all costs, damages, losses and expenses (including professional costs) directly or indirectly arising out of such right, claim or action.
7.3. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4. This does not include or limit in any way our liability:
- 7.4.1. For death or personal injury caused by our negligence;
- 7.4.2. Under section 2(3) of the Consumer Protection Act 1987;
- 7.4.3. For fraud or fraudulent misrepresentation; or
- 7.4.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
You agree to keep us fully indemnified from and against any and all loss, damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by us resulting from a breach of this agreement by you including breaches in respect of any matter arising from the supply of the Subscription Services resulting in any successful claim by any third party.
9 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Student Gems Limited at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when subscribing to the site. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11 Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
12.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14 Third party rights
A person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this agreement.
15 Entire agreement
This agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this agreement.
16 Our right to vary these Terms and Conditions
We reserve the right to revise these Terms and Conditions at any time by amending this page or by giving you notice ("Notice"). Any amended Subscriber Agreement will govern any registrations accepted after the new or amended Subscriber Agreement is posted on the site. Any existing Subscription Agreements will be bound by the amended Subscriber Agreement 15 days after the date of the Notice. You are advised to check this page from time to time to take notice of any changes we make.
17 Law and jurisdiction
The contract between Subscribers and us will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Issue Date: 10 December 2009
Reviewed: 17 February 2010