JTV Gemological Training Center Terms and Conditions

Welcome to the JTV Gemological Training Center by America’s Collectibles Network, Inc (an ATC of Gem-A hereafter “ATC”).   These terms form a binding agreement between the student (hereafter “student” or “you”) and the ATC. By registering for a Gem-A course, you agree to be bound by these terms along with Gem-A ATC’s Student Terms and Conditions.

Payment

By registering for the course, you agree that the ATC may charge your payment card for the full amount of the course(s) plus any applicable taxes at the time of registration. The full purchase price is only refundable according to the following schedule: 

100% refund if the request is made more than 60 days prior to the ATC Course commencement date, the study materials have not been opened, and they are returned to Gem-A/the ATC in resaleable condition.

50% refund if the request is made between 30 to 60 days prior to the ATC Course commencement date, the study materials have not been opened and they are returned to Gem-A/the ATC in resaleable condition.

0% refund if the request is made within 30 days of the ATC course commencement date.

Registration

Students must register for a course at least 28 days before the course commencement date. After this time, you will not be guaranteed a spot in the class.

You are responsible for ensuring that you are eligible to take any course(s) before registering.  You are also responsible for ensuring that you are available to sit for the exam date scheduled by Gem-A for your selected course(s).  After registration, refunds will only be given for any reason in accordance with the schedule listed above.

Class Materials.

All class materials will be given to you at the ATC headquarters located in Knoxville, Tennessee, and not shipped directly to your mailing address. Each student should have access to a computer to complete the online learning portion of the course(s).

Your Information.

You hereby give permission to the ATC to use the information you provide to the ATC (including name, address, e-mail, and other contact information that identifies you), so the ATC can provide the course(s) and related services to you, which includes providing your information to Gem-A. For more information on ATC’s use of your personal information, please visit https://www.jtv.com/help/privacy-policy.

Representations and Warranties

By registering for course(s), you make the following representations and warranties:

  1. You are eligible to take the Gem-A course(s).
  2. You will abide by the policies given to you at the beginning of the class and available on Gem-A’s website. If you fail to adhere to these policies and/or these terms and conditions, Gem-A and ATC reserve the right to remove you from the course(s). Any refund of fees paid will be made in the sole discretion of ATC.
  3. You will only use study course notes, study materials, and e-learning platform provided by the ATC to complete the course(s) and for no other purpose. All such intellectual property rights in any such materials remains with Gem-A (if it originates from that institution), or the ATC (if it originates from that entity).

Indemnity. 

You agree to defend, indemnify and hold harmless the ATC, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney's fees, arising out of or relating to your breach of this Agreement or your registration in or participation in any course(s) ; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from ATC’s gross negligence or willful misconduct. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ATC, OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ATC  OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE.  EVEN IF ATC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ATC’S LIABILITY EXCEED THE FEES YOU PAID TO ATC TO TAKE THE COURSE.  

ARBITRATION. 

ANY CONTROVERSY OR CLAIM EITHER PARTY MAY HAVE AGAINST THE OTHER, WHETHER PRE-EXISTING, PRESENT OR FUTURE, IN CONTRACT OR TORT OR OTHERWISE, ARISING OUT OF, ARISING UNDER OR RELATING IN ANY MANNER TO ANY COURSE (S) PURCHASED FROM ATC (ON EITHER THE WEBSITES OR THE NETWORK, OR THROUGH THE CALL CENTER),  THIS AGREEMENT,  CUSTOMER INFORMATION, OR DATA SECURITY SHALL BE SETTLED EXCLUSIVELY AND FINALLY  BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) USING THE AAA'S  RULES AND PROCEDURES APPLICABLE TO CONSUMER DISPUTES. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879.  ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND FINAL AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT.  THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY AND SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISON, INCLUIDNG ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OF THIS AGREEMENT IS VOID, VOIDABLE OR OTHERWISE INVALID. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION IN THE VENUE IN WHICH THE ARBITRATION IS CONDUCTED.  SUCH ARBITRATION SHALL BE SPECIFIC TO YOU. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. ATC WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $5,000.00 UNLESS THE ARBITRATOR DETERMINES YOUR CLAIMS ARE FRIVOLOUS.

CLASS ACTION WAIVER 

YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING ANY CLASS ACTION AGAINST ATC, EITHER IN ARBITRATION OR IN ANY COURT, AS A LEAD PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL OR AS PART OF A CONSOLIDATED ACTION.  

CERTAIN SMALL CLAIMS. 

FOR CLAIMS THAT DO NOT EXCEED $5,000 AND DO NOT INVOLVE A REQUEST FOR AN INJUNCTION OR OTHER EQUITABLE RELIEF, BOTH PARTIES RETAIN THE RIGHT TO SEEK ADJUDICATION IN A COURT IN THE COUNTY OF YOUR RESIDENCE. YOU WAIVE ANY RIGHT TO CONSOLIDATE OR OTHERWISE COMBINE YOUR CLAIM WITH ANY CLAIM(S) FILED BY OTHER PERSONS.

INTELLECTUAL PROPERTY DISPUTES. 

NOTWITHSTANDING LANGUAGE IN THIS AGREEMENT TO THE CONTRARY, EITHER YOU OR ATC MAY FILE SUIT IN COURT TO ASSERT INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY.

EXCLUSIVE VENUE AND JURY TRIAL WAIVER. 

IN THE EVENT THE FOREGOING AGREEMENT TO ARBITRATE IS HELD TO BE UNENFORCEABLE BY ANY COURT OR ARBITRATOR, YOU AND ATC AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN KNOX COUNTY, TENNESSEE TO RESOLVE ANY CLAIM. YOU ALSO AGREE TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR INTELLECTUAL PROPERTY DISPUTES. IN EITHER  SITUATION, WE BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. 

TIME LIMIT ON CLAIMS. EXCEPT FOR CLAIMS CONCERNING INTELLECTUAL PROPERTY AND INDEMNITY, YOU AGREE THAT ALL CLAIMS YOU HAVE AGAINST ATC MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED. (“CLAIM” IS DEFINED IN THE ABOVE SECTION ADDRESSING ARBITRATION).

General

No waiver by ATC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.

ATC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Amendments and Modifications.

ATC reserves the right to amend and/or modify these terms at any time with no notice to you. It is your responsibility to check for any such changes.

Last Updated On January 30, 2020

 


 

Gem-A Accredited Teaching Centre (ATC) – Student Terms and Conditions:

Please read the following:

Signed notification: By agreeing to these Terms and Conditions the applicant is confirming that they accept and will abide by them and that all information provided to Gem-A is both correct and honest

Payments: All course fees must be paid in full, prior to any course materials being sent  Please ask your ATC for details of the course fees applicable to you.

All course fees must be paid via the ATC unless alternative arrangements have been approved by Gem-A. Please note that any applications for withdrawal or cancellation will also need to be dealt with via your ATC.

You must inform your ATC immediately of any changes in your circumstances that may affect your fee status.

An application cannot be accepted unless accompanied by the correct payment. Remitters are responsible for all bank charges required in order to complete a bank transfer. All transactions should include a relevant reference name or student number if applicable.

Withdrawals, cancellations and refunds: 100% refund if the request is made more than 60 days prior to the ATC Course commencement date, the study materials have not been opened, and they are returned to Gem-A/the ATC in resaleable condition.

50% refund if the request is made between 30 to 60 days prior to the ATC Course commencement date, the study materials have not been opened and they are returned to Gem-A/the ATC in resaleable condition.

0% refund if the request is made within 30 days of the ATC course commencement date.

Course transfers are only permitted when there are proven mitigating circumstances.

A course withdrawal or transfer request form will need to be submitted and approved by the ATC then provided to Gem-A before any withdrawal; cancellation or transfer can be processed. The cost for an approved student transfer is £100. Gem-A has the right to refuse a transfer.

Coursework and assessment: You are expected to complete all Gem-A tasks and activities and to follow the non-attendance and late procedures outlined by your ATC. You are required to complete the coursework assessments that contribute towards your final grade within the timeframes specified. The Project is an integral part of the course and must be completed by all students. It is solely the responsibility of the individual student to ensure they understand the course and assessment requirements and complete these by the given dates.

It is the responsibility of the ATC to provide all the relevant information regarding assessment and course work to students enrolled with them.

Required information: Please ensure that the personal information requested by your ATC is provided. We cannot process your application without this information. You must inform your ATC and Gem-A immediately if you change your personal information.

Privacy information: To view Gem-A’s full privacy statement, please go to www.gem-a.com.

Complaints: Gem-A has a complaints procedure in the Student Guide to Policies and Procedures in Gem-A’s online education resources area.

Language and entry requirements: There is an English language requirement for students studying with Gem-A, ATC’s are recommended to use a similar standard. The ATC may also apply its own requirements for the course. It is the student’s responsibility to check that they understand the level and requirements of the course they have applied for.

Disability Support: If you have any learning/health disabilities that you feel may require additional support for your studies or exam, or require special consideration for your exams please notify your ATC at the time of enrollment. You will need to provide supporting, appropriate, documentary evidence, such as a statement of special educational need, a detailed letter from your doctor or any other relevant documentation.

Additional conditions: Our courses must be completed within two years of the start date, including attempting the exam. If the course is not completed within this time frame, it will need to be re-started and full payment of the fees will be required.

Membership: As a student you are required to adhere to the Terms and Conditions of Membership as outlined in the Memorandum and Articles of the Association, including passing fit and proper person criteria. (Visit www.gem-a.com/index.php/membership/resources/ applications-articles.

Exam entry: Gem-A Theory exams are held in January and in June of each year. All students are automatically entered to the exams at the end of their course. Please ensure that you are prepared and available for your exam dates. Students will only be able to defer due to mitigating circumstances as detailed in the exam information document. Please note that all pre- requisites for any examination must be fulfilled before sitting the examination. It is the responsibility of each individual student to ensure these requirements are met.

Examination Language: If you intend to sit the examination in a language other than English, you are required to pay any additional fees upon enrolment. This payment is non-refundable even if you later decide to sit the examination in English. Please note that all examinations must be written in English, unless previously agreed with the Association. The current languages available are Chinese, French and Japanese. Please note your chosen language may not be available every session.

Exam papers: All Examination papers are the property of Gem-A. Answer papers are not returnable. Please do not telephone Gem-A for results, they will not be disclosed by telephone.

Instruments: Upon receiving your course materials please make sure that all items from your kit are functioning correctly. We are sorry but after 21 days students will be required to cover any replacement costs.

Appeals: For more information on appeals procedures, please refer to the policy on our website.

 

UK registered students only

Unique Learner Number (ULN) – UK ONLY: The information you supply will be used by the Chief Executive of the Education and Skills Funding Agency, to issue you with a Unique Learner Number (ULN) and to create your Personal Learning Record. Further details of how your information is processed and shared can be found at https://www.gov.uk/government/publications/lrs- privacy-notices

Please note that the information regarding date of birth is optional, however we will not be able to allocate your ULN without it.

Because the ULN is required for the administration of services within the education and training sector (such as the issuing of certain qualifications), you cannot opt out of being issued with a ULN on the Learner Register. You can opt out of sharing your participation and achievement data through the Learning Records Service. Details of how you may opt out of sharing your participation and achievement data within the Learning Records Service can be found at https://www.gov.uk/government/publications/learning- records-service-the-plr-for-learners-and-parentsor by telephoning their helpdesk on 0845 602 2589.