Promotional Terms and Conditions

Please take a look at our Promotional Terms and Conditions.

Rules And Procedures For TV Games

Gems TV (UK) Limited (registered in England, company number 04552563) ("GemsTV") believes that a full understanding of the rules and procedures applicable to TV games will make for a more enjoyable experience for our customers. Consequently, we encourage all of our customers to carefully read through the following rules and procedures before playing our TV games. We also strongly encourage you to read the Important Disclosures About GemsTV Games set forth in this website, as well as our User Agreement and our Terms and Conditions of Sale which are set forth below. By participating in our TV games, you are agreeing to honor, observe, follow and be subject to all of the following Rules and Procedures for TV games, as well as the other rules, procedures, terms and conditions enumerated in this website.

Contents

TV Games Generally:

During broadcast hours, we will typically run a series of televised games - one game at a time (each, a "TV game") - on each of our 2 TV shopping channels (GemsTV1 and GemsTV2). In each of our TV games, we will offer for sale one or more pieces of the same item of jewellery and each game will be in one of the following formats:

Reverse Price Quantity Games:

Each "reverse price" quantity game will begin with a fixed quantity of an item of jewellery available for sale shown on screen. The price for the item shown on screen will fall throughout the course of the game until a bid has been received in respect of each of the items. Throughout the game, each time a bid is placed the remaining quantity of items available shown on screen will be reduced. The game will end when a bid has been received in respect of each of the items which were available at the start of the game. When the game is over, the amount charged to each successful bidder in respect of each item they have bid for will be the final closing price shown on screen at the time the game ended - regardless of what price for the item was shown at the time the bid was placed.

Reverse Price Quantity & Timed Games:

All "reverse price quantity and timed" games will begin with a fixed quantity of an item of jewellery available for sale shown on screen. In addition, a clock timer in digital format will be shown on screen displaying a time which will be the fixed duration of the game. The price will fall throughout the course of the game. Each time a bid is placed the remaining quantity of items available shown on screen will be reduced. During the game, the on-screen clock will count down the time remaining and the game will end when either the time shown on the clock has reached zero or a bid has been received in respect of each of the items which were available at the start of the game, whichever comes first. When the game is over, the amount charged to each successful bidder in respect of each item they have bid for will be the final closing price for the item shown on screen at the time the game ended - regardless of what price for the item was shown at the time the bid was placed.

Reverse Price Timed Games:

A "timed" game will begin with a clock timer in digital format shown on screen displaying a time which will be the fixed duration of each game. There will be no pre-set quantity of available items shown on screen as part of the game (although all orders will remain subject to general availability). The price shown on screen for each item will fall throughout the course of the game and viewers will be required to call Gems on the given number to place their bid before the time shown on the clock reaches zero. During the game, the on-screen clock will count down the time remaining. The game will end when the time shown on the clock reaches zero. When the game is over, the amount charged to each successful bidder in respect of each item they have bid for will be the final closing price shown on screen at the time the game ended - regardless of what price for the item was shown at the time the bid was placed.

Single Price Games:

A "single price" game is unlike the games described above since it is not a reverse price game. Instead, an item of jewellery is shown on screen as available for sale at a fixed price which will remain constant throughout the in air presentation. The price will not fall during the game. There is no fixed time within which purchases must be made. Each on air presentation featuring an item will last for an unspecified period of time and viewers can place an order at any time at their convenience, not only while the item is being featured on screen. All purchases remain subject to availability.

Registration:

If you are going to make a purchase through our website, you will first need to register. This process will require you to establish a user name and password and to provide us with your e-mail address. Registration is free and there is no obligation to buy. We will not share your personal information with any third parties. See our Privacy Policy.

Integration Of TV Games With Website:

The TV games that we broadcast live are integrated with this website www.gemstv.co.uk and you may participate in our TV games by following the simple rules and procedures set forth below.

Description Of Featured Items:

In each TV game, we will feature a specific item(s) of crafted gemstone jewellery. The item will be described by the on-screen GemsTV Presenter and, at the discretion of the TV Producer, on a "stats card" which generally shows the gem type(s) in the product, the total gold weight and the minimum total gem weight ("MTGW") of the stone(s). The weight of a gemstone is measured in carats. See the section below entitled "Descriptions of Gemstones and Jewellery" for a more detailed explanation.

Number Of Featured Items:

From game to game, the number of featured items that are available to be purchased will vary. The number offered in any particular game is not necessarily representative of the total number of items GemsTV may have in inventory at any given time, but it does mean that GemsTV has at least that number of items in its inventory.

Starting Price (Falling From Price):

Keep in mind that the Starting price in any game is merely the price that GemsTV has selected to initiate the game and does not necessarily represent the fair market value, suggested retail price or other generally used or accepted selling price for the item(s). All on-screen prices will be stated in Pounds Sterling and include VAT at 17.5%.

Descending Prices:

Once a particular TV game begins, the price for the featured item will start to fall and will periodically be reduced until all of the items offered in that game have been allocated to bidders. See the section below entitled "Allocation of Items". The current price of the item, subject to periodic reductions as the game goes on, is always displayed on the television screen and the website.

Placing Your Bid:

If you see an item that you would like to bid on, you may place your bid when it reaches the price you are willing to pay. This can be done through this website by following our instructions, or by calling 0845 612 2000 for GemsTV1 and 0845 370 0660 for GemsTV2, our low rate bidding numbers. By placing your bid - either on this website or via telephone -, you agree that you are able and intend to purchase the item(s) you bid on at the final price (which may or may not be lower than the amount of your bid) - should your bid be accepted by GemsTV.

Allocation Of Items:

Each bid will be recorded at the time it is received. Bids are accepted strictly on a first-come, first-served basis. Once your bid has been accepted, you will have reserved the item for purchase and you will have agreed to purchase the item - subject to GemsTV's cancellation and return policies.

Termination Of TV Games:

A particular TV game will end when GemsTV, in its reasonable discretion - based, where applicable, on the number of bids received through the website and its call centre - determines that the full number of items offered in the game have been bid upon. By playing TV games, you consent to allowing GemsTV to exercise this discretion. For a better understanding of how GemsTV decides when to end a particular game, please see the subsection of this website entitled "How GemsTV Determines When to End a Particular Game" which appears in the below section entitled "Important Disclosures About GemsTV Games".

Final Price:

Unless the game ends prior to or upon entry of your bid, the price for the item may continue to fall even after you placed your bid until all of the available items have been allocated and GemsTV, in its reasonable discretion, has determined that the game is over. Regardless of the price at the time of your bid, you will pay the same final low bid price as all the other successful bidders.

Early Termination Of Game:

Keep in mind that, for a variety of reasons, a particular game may be terminated by GemsTV even though less than all of the available items are ultimately purchased by customers. See the Section entitled "Important Disclosures About GemsTV Games", below. Regardless of whether that happens, by placing your bid, you have agreed to purchase the item that you bid upon at the lower of your bid price or the final price upon termination of the game - even if less than all of the available items are actually purchased by bidders as a result of the game - subject to GemsTV's cancellation and return policies.

Late Bids:

Once all of the items in a particular game have been allocated, a caller or online participant subsequently placing a bid will be informed that his or her bid was too late. In that situation, the late bidder will not be entitled to purchase the item unless GemsTV, in its sole discretion and subject to availability, agrees to accept the additional bid. This may occur if GemsTV determines that (a) not all of the allocated items were purchased or (b) GemsTV has additional pieces of the item available in inventory and is willing to sell them to you at the final bid price. Additionally, if any bids are cancelled or not completed, GemsTV reserves the right to (but does not obligate itself to) contact bidders who were turned away at the time of termination of the game in order to offer them the product at the final selling price.

Good Faith Participation in Games:

The success of the TV games depends on the good faith of the participants. GemsTV tries to strike a reasonable balance between allowing cancellations and returns and maintaining the integrity of the TV games. All participants in TV games, therefore, must place their bids in good faith with the intention of purchasing the item at the bid price - or at a lower price if the price continues to fall before the game ends. While GemsTV does have a no questions asked 10-day return policy, customers who repeatedly order and then return products (or cancel their orders) without good reason may be barred from further use of this website and/or participation in TV games via telephone.

Abuse Of Rules:

Our liberal cancellation and return policies are intended as a safety valve for our customers. To protect against abuses by participants, GemsTV reserves the right to exclude from the games any participant(s) who repeatedly violate(s) the rules of the game by placing bids and subsequently failing to complete the transaction, cancelling the order or returning merchandise without good reason. Without limiting our other remedies, we may limit, suspend, or terminate your account with us, prohibit access to our website, and take technical steps to keep users off the site if we think they are creating problems or are acting inconsistently with the letter or spirit of our policies or our games.

Rules And Procedures For Web Games

GemsTV believes that a full understanding of the rules and procedures applicable to Web games will make for a more enjoyable experience for our customers. Consequently, we encourage all of our customers to read through the following rules and procedures carefully before playing our Web games. We also strongly encourage you to read the Important Disclosures About GemsTV Games in this website, as well as our User Agreement and our Terms and Conditions of Sale. By participating in our Web games, you are agreeing to honor, observe, follow and be subject to all of the following Rules and Procedures for Web games, as well as the other rules, procedures, terms and conditions enumerated in this website.

Contents

Web Games Generally:

We typically run multiple games on our website twenty-four (24) hours a day at www.gemstv.co.uk ("Web games"). In each of our Web games, we will offer for sale a single piece of jewellery. The game will be limited by a time clock. The general idea is that there will be a starting price in each game and that price will fall throughout the course of the game while the clock ticks closer to zero. The game will end when either (a) someone clicks to purchase the item or (b) the time clock expires.

Registration:

If you are going to participate in a Web Game through our website, you will first need to register. This process will require you to establish a user name and password and to provide us with your e-mail address. Registration is free and there is no obligation to buy. We will not share your personal information with any third parties. See our Privacy Policy.

Featured Item:

In each Web game, we will feature a specific item of crafted gemstone jewellery which will be initially offered at the starting price shown on the screen. A picture of the item will be displayed on the website and the general characteristics of the item - e.g., gem-type, colour, total gold weight and minimum total gem weight ("MTGW") of the stone(s) - will be described on a "stats card" which will be displayed on the website next to the image of the item. For your information, the weight of a gemstone is measured in carats. See the section below entitled "Descriptions of Gemstones and Jewellery" for a more detailed explanation.

Only One Item Per Game:

Unlike TV games where multiples of the same item are available for purchase, in Web games there is only one item available for purchase.

Starting Price:

Keep in mind that the Starting price in any Web game is merely the price that GemsTV has selected to initiate the game and does not necessarily represent the fair market value, suggested retail price or other generally used or accepted selling price for the item(s). All displayed prices will be stated in Pounds Sterling and include VAT at 17.5%.

Descending Price; Time Clock; Bidding For The Item:

Once a particular Web game begins, the price for the featured item will fall for a pre-determined period. Currently games typically run for a maximum of three minutes (unless GemsTV elects to use a longer time clock on any particular game). GemsTV reserves the right to pre-program or otherwise control the timing and amount of price reductions that occur during Web games as GemsTV, in its sole discretion, deems appropriate. GemsTV will not disclose the timing or amounts of price reductions or the amount of its pre-determined minimum selling price in advance of any Web game.

Good Faith Participation in Games:

Like with TV games, the success of Web games depends on the good faith of the participants. GemsTV tries to strike a reasonable balance between allowing cancellations and returns and maintaining the integrity of the games.

Abuse of Rules:

Our liberal cancellation and return policies are intended as a safety valve for our customers -- but we expect those policies to be invoked sparingly. To protect against abuses by participants, GemsTV reserves the right, in its discretion, to exclude from the games any participant(s) who repeatedly violate the rules of the game by placing bids and subsequently failing to complete the transaction, cancelling the order and/or returning merchandise without good reason. Without limiting our other remedies, we may limit, suspend, or terminate your account with us, prohibit access to our website, and take technical steps to keep users off the site if we think they are creating problems or are acting inconsistently with the letter or spirit of our policies.

Important Disclosures About Gems TV Games

Below are some important things for each participant to understand about the games and how they are conducted by GemsTV. We believe that a full understanding of how the games work and how GemsTV handles particular issues or aspects of the games will result in a better experience for you, the customer. For that reason, we strongly suggest that you read the following disclosures, as well as the Rules and Procedures for TV Games, Rules and Procedures for Web Games, the User Agreement and the Terms and Conditions of Sale.

Contents

How GemsTV Determines When To End A Particular TV Game:

During each TV game, bids and purchase information will be accepted both electronically through the GemsTV website and over the phone by GemsTV call centre personnel. For a variety of reasons, the acceptance of bids and the completion of orders cannot be completed instantaneously - either on the website or over the phone - so the process of determining when all the items in a particular TV game have been sold (i.e., when to end a particular game) necessitates the establishment by GemsTV of certain reasonable practices and procedures.

To be fair to all customers, GemsTV allocates the available items in a particular TV game to customers when they place their bid either by calling our low rate phone number or by bidding on our website. GemsTV keeps track of all telephone and website bids on that basis. It is important for you to understand that this practice will occasionally result in situations where all of the allocated product is not purchased because one or more of the customers whose bids were placed and accepted (and to whom a product was allocated) may not ultimately complete the transaction (or may subsequently cancel their order).

In view of the above circumstances, GemsTV retains the ultimate discretion as to when to officially end each TV Game. The decision as to when to end a game will be based first and foremost on bids received by persons participating by phone and over the website. In making this decision, GemsTV will act in good faith based on its reasonable belief that all the items ultimately will be sold - after taking into account the number of bids that have been placed through the website and the phone lines. GemsTV will exercise its reasonable discretion and judgment based on its historical experience. In exercising this discretion, GemsTV will not accept more bids than it is capable of fulfilling from its then existing inventory.

The above practices and procedures - while adopted to make the games more fair to participants - do require GemsTV's Producers to periodically make judgment calls as to when to end particular games based on the anticipated sale of all of the items in a particular game. The decision-making process may involve estimates and/or assumptions in order for GemsTV's Producers to predict how many of the callers or website customers who have placed bids will actually complete the transaction.

GemsTV has adopted these practices and procedures for a variety of reasons:

The goal of this process and procedure is to sell exactly the same number of items as were offered in the game at the lowest price based on the final accepted bid. However, since the above process can involve the exercise of human judgment - i.e., the use of estimates and assumptions based on statistical averages - it is not foolproof and can occasionally result in the premature closure of a game or the sale of more items than were offered in the game. In the latter case, it is our commitment that we will never sell more items than we have on hand in our warehouse.

As the closure of a game is based on human judgment, it is possible that a customer who enters his or her bid will not be successful due to an over-allocation of that item from callers further ahead in the queue. Due to the nature of broadcasting, there is a sub-second delay in the changing graphics reaching the viewer and that can be enough for a bid which is thought to be successful actually reaching GemsTV after the effective close of the game.

Similarly, customers may elect to purchase more than one unit and we reserve the right to allow that to happen, but of course that can result in later callers being disappointed.

Here's an example: In a game where there are ten items offered for sale, and the game has reached a point where there are only five items left for sale, if six additional persons come in and place their bid, and if GemsTV has an additional item of the offered product in its inventory, GemsTV may at that point elect to accept all six bids (in addition to the five that were already accepted) and terminate the game.

Notwithstanding any other rules or procedures set forth in this website, GemsTV may, in its discretion, end a particular game prematurely if the game - in GemsTV's judgment - has been on air for a sufficient period of time and no bids have been registered. In those rare instances, GemsTV may determine that the item has not been well received and that the game should be terminated to avoid wasting additional air time on the game. As soon as one person places a bid in a particular TV game, however, GemsTV is committed to finishing the game - regardless of the final price.

Except as otherwise provided above, GemsTV terminates each TV game when it determines - in good faith pursuant to the practices and procedures described above - that all the offered items ultimately will be sold to customers who have placed their bids. Consequently, it is important that you understand that when you place your bid in any TV game, you are agreeing to purchase the item at the lower of the price of the item at the time of your bid or the price when the game is ended by GemsTV, subject to GemsTV's cancellation and return policies. That includes games in which less than all of the pieces in the game are ultimately purchased by the bidders in the game, as well as games where GemsTV elects to sell additional items -- subject to availability -- to late bidders who are interested in buying the item at the final bid price.

How GemsTV Determines Starting Prices (Falling From Prices), Price Decreases & Final Prices:

The starting price in each game is merely the price that GemsTV has internally selected to initiate a particular game. GemsTV selects the starting price based on what it feels is an appropriate place to start the bidding on a particular item. Please keep in mind that the starting price in any particular game does not necessarily represent the fair market value, suggested retail price or other generally used or accepted selling price for the featured item(s). It is simply the starting point for the game.

Once a particular TV game begins, the price for the featured item will start to fall and will continue to do so until all of the items offered in that game have been sold. At times, the price may fall rapidly and at other times it may fall slowly. You never know when or how much the price will fall until you see the next reduction on your TV screen. Gem's TV's Producer has the sole discretion to decide when, how much and how quickly to reduce the price - which adds a human dynamic to the TV games.

Once a particular Web game begins, the price for the featured item will fall for a maximum of three minutes (unless GemsTV elects to use a longer time clock for any particular Web game). The timing and amount of each price reduction that occurs during each Web game is controlled by GemsTV's computer - which is pre-programmed before the game starts based on the starting price, the duration of the time clock and GemsTV's minimum selling price. GemsTV reserves the right to pre-program the timing and amount of price reductions that occur during Web games as GemsTV, in its sole discretion, deems appropriate. GemsTV does not disclose the amount of its pre-determined minimum selling price in advance of any Web game.

When you place your bid in any TV game, you are agreeing to purchase the item at the lower of the price of the item at the time of your bid or the price when the game is ended by GemsTV, subject to GemsTV's cancellation and return policies.

When you place your bid in any Web game, you are agreeing to purchase the item at the price of the item at the time of your bid, subject to GemsTV's cancellation and return policies.

Restocking Of Merchandise:

As with any mail order business, merchandise is sometimes returned by our customers. See our Return Policy below. Since we require customers to return the product in the same condition as it was in when it was received by them (including the original packaging), all of our returned merchandise is restocked by GemsTV after being inspected by us.

Returned items may be offered again in future TV games, Web games or on our website. Items that are offered in TV games, Web games or on our website are inspected to ensure that they are in like new condition. All items offered by GemsTV - including returned items that are re-offered - are subject to GemsTV's 10-day No Questions Asked Return Policy.

While products that are returned to us due to faults or defects may be melted down, due to the value of the items we sell, GemsTV reserves the right to repair, recondition, refurbish or repackage any returned item, place it back in inventory and re-offer it in a future game or on our website, so long as the characteristics and condition of the repaired, reconditioned, refurbished or repackaged product, in GemsTV's discretion, meets or exceeds the description of the item featured in the applicable game.

Some of the restocked merchandise may have been handled or worn briefly. GemsTV sanitizes all jewellery products that involve piercings before restocking them.

All merchandise offered by GemsTV in any TV game, Web game or on our website is subject to GemsTV's 10-day no questions asked return policy. See Return Policy below. This includes merchandise that was returned and restocked - and even includes any items that have been worn, handled or used as demos, and any items that have been repaired, reconditioned, refurbished or repackaged.

Number Of Pieces Offered/Sold In TV Games:

GemsTV reserves the sole and exclusive right to decide the number of pieces to be offered in any particular TV game. By offering a particular number of pieces in a specific TV game, we do not in any way imply that there is a scarcity or an abundance of these items.

Although the number of pieces offered in particular TV game is always limited to a specified number, that number may not necessarily be all the pieces we have in our inventory.

A jewellery piece that is offered in a particular TV game or Web game might later be offered in a subsequent game. This may be because:

GemsTV will not offer more items in any game than it then has in stock - i.e., if a particular number of items are offered, that means we have at least that number of items in stock and available for prompt delivery.

On occasion, an item offered in a particular TV game has been fully allocated to bidders and there is additional interest from participants who called or clicked too late and were, therefore, not allocated one of the items in the game. In those instances, GemsTV reserves the right, in its sole discretion, to sell an additional piece(s) to one or more of the unsuccessful bidders at the ending price of the game - subject to availability of the item.

Descriptions Of Gemstones & Jewellery

In TV games, the offered item will be described by the GemsTV Presenter. The item may also be described on a "stats card" which, at the discretion of the TV Producer, may also be shown on the television screen. The stats card generally shows the gem type(s) in the product, the total gold weight and the minimum total gem weight ("MTGW") of the gemstones. A representative sample of the item will be displayed live on the television screen. Because each item is handcrafted and no two gemstones are identical, the actual item you receive may not be absolutely identical to either the representative sample shown on TV. In that sense, each item we sell is quite unique.

In Web games or elsewhere on our website, the item will be described on a stats card posted next to a photograph of the item. As mentioned above, each item is handcrafted and no two gemstones are identical, so the actual item you receive may not be absolutely identical to the item used for the photograph.

Each item offered by GemsTV in TV games, Web games or on our website has been individually weighed. The weight of each gemstone is measured in carats.

With respect to any particular featured item, please keep in mind that not all gem stones will be the exact same colour, size, cut or weight. Unlike diamonds, where every stone is precision cut, coloured gemstones are not and, therefore, a similar size and cut (say 3mm x 5mm oval ruby) will have varying weights.

Since gemstones are nature's creation, no two are identical. We quote a minimum total gem weight ("MTGW") - not an average weight, as some other retailers will do. This is to ensure that you will get a gem that weighs at least as much as the minimum quoted weight, but possibly more. Other jewelers often round up or round down to a 1/3 ct., ? ct., 1 ct., etc. Or worse yet, some retailers simply quote an average, meaning you might get more or less than the average weight. We choose instead to quote an absolute minimum total gem weight which means that some people will get the weight as described and everyone else will get more. MTGW is just another way GemsTV under-promises and over-delivers.

With respect to the gold weight of an item, we quote the average weight of the gold. To determine the average weight, we weigh all of the items in the line together at once and then divide by the number of pieces in the line. As a result, there may be small differences between these like items because the pieces are each handcrafted - meaning after they are cast, the rest of the process (including setting and finishing the piece of jewellery) is done by hand. This may result in small differences in the weight of the gold as compared among the finished pieces in the line.

For additional information and tips, see the "Understanding Gemstones" section of this website.

Purchasing via the iBrochure

If you are purchasing via our iBrochure, you will firstly add all the items you wish to purchase to your jewellery box and when you view the order you will complete the simple form which when submitted will be e-mailed to our customer service centre. Once the order has been received, a member of our team will call you back to confirm the order and take payment details. All products featured in the iBrochure are subject to availability. All other Gems TV terms and conditions will apply.

User Agreement

This User Agreement is entered into by and between you and Gems TV (UK) Limited ("GemsTV"). In consideration of your use of and access to the www.gemstv.co.uk website (the "Site"), and the promises and obligations herein, and intending to be legally bound, you and GemsTV hereby agree as follows:

1. Acceptance Of Terms

Your access to and use of the Site is subject to this User Agreement, which incorporates the separately posted Rules and Procedures for TV Games, Rules and Procedures for Web Games, Important Disclosures About GemsTV Games, GemsTV Privacy Policy and Terms and Conditions of Sale, as well as any modifications to them issued by GemsTV and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THIS USER AGREEMENT. If you do not want to be bound by these Terms, do not use the Site.

2. Products & Prices

GemsTV reserves the right to discontinue or change product specifications and prices without prior notice - except as to TV games or Web games that have already been commenced. Products are available while supplies last. Descriptions of, or references to, products or services on the Site do not constitute a warranty by GemsTV. Inadvertent errors in prices posted on this Site are not binding on GemsTV, and may be corrected by GemsTV at any time. Errors will be corrected by GemsTV where discovered. All prices displayed on the Site are quoted in Pounds Sterling and include VAT at 17.5%. As provided in our Terms and Conditions of Sale, GemsTV will add shipping and handling fees.

3. Orders

Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order by GemsTV. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, therefore, may be declined even after your receipt of an order confirmation. Without limiting the foregoing, GemsTV specifically reserves the right to revoke any stated offer in the case of a pricing error, and GemsTV reserves the right to correct any errors, inaccuracies or omissions including after an order has been submitted - whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled by GemsTV due to a pricing error (or by you pursuant to our Cancellation Policy), GemsTV will promptly issue a credit to your credit card account in the amount that was incorrectly charged to your card.

4. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. GemsTV may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on GemsTV in any way except to the extent it is specifically indicated to be so. Except as provided in this User Agreement, GemsTV does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in this User Agreement or as otherwise expressly permitted in the Content or in a writing signed by GemsTV, is strictly prohibited.

5. Intellectual Property

Copyright in the Content in this Site is owned by or licensed to GemsTV. You are authorized to use the Content only for (a) the purposes of browsing the Site, playing GemsTV games and purchasing products offered in the games and (b) other personal, non-commercial purposes. You may download, print and store copies of the Content for your own personal use but only in connection with reviewing the Site, playing GemsTV games and purchasing products from GemsTV. The images of people, products and/or places displayed on the Site are either the property of, or used with permission of, GemsTV. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site. Any unauthorized use of these images or any other Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Site without the written permission of GemsTV or any third party that may own the trademarks or service marks displayed on the Site.

6. Right To Use Or Disclose Certain Information

All information, ideas, suggestions or other communications you transmit to GemsTV concerning the materials contained in this website will be on a non-confidential basis - except as otherwise provided in our Privacy Policy. GemsTV and its parents, subsidiaries and affiliates will be free to reproduce, use, disclose and distribute such communications without limitation or obligation - with or without attribution to the source.

7. Compliance with Laws; Minimum Age

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items offered for sale on the Site. You must be at least 18 years old to use the Site.

8. Disclaimer Of Warranties

The Content contained in this website has been checked for accuracy. However, GemsTV makes no warranties or representations as to its condition, accuracy, completeness, timeliness or availability and it is supplied without any express or implied warranties. Without limiting the foregoing, GemsTV does not warrant or represent that your access to or use of the Site will be uninterrupted or free of errors or omissions, that defects or errors will be detected or corrected, or that the Site is free of computer viruses or other harmful components. Rather, everything on the Site is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy. If any part of this paragraph 8 shall be held to be invalid and/or ineffective, such part shall be segregated and deleted and the balance of this paragraph 8 shall remain binding. Only if absolutely necessary shall the whole of this paragraph 8 be segregated and deleted and then the remaining terms of this User Agreement shall remain binding.

9. Limitation of Damages

Under no circumstances will GemsTV or its parents, affiliates or any other party involved in creating, producing or delivering the Content posted on this Site or their respective directors, officers, employees or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, punitive or other damages, whether in contract, tort or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use the Site or any linked site or arising out of its contents or any errors or omissions in its contents, including but not limited to lost profits, business interruption or loss of program or other data on computer systems or otherwise, even if GemsTV is expressly advised of the possibility of such damages. If any of this paragraph 9 shall be held to be invalid and/or ineffective, such part shall be segregated and deleted and the balance of this paragraph 9 shall remain binding. Only if absolutely necessary shall the whole of this paragraph 9 be segregated and deleted and then the remaining terms of this User Agreement shall remain binding.

10. Modifications & Amendments

This User Agreement is subject to change from time to time without notice by updating or revising this legal notice. Without limiting the generality of the foregoing statement, GemsTV shall have right at any time and without prior notice, at its sole discretion, to revise the terms of this User Agreement or to impose any new or additional terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Site for any amendments or modifications to these terms and conditions that may affect your rights or obligations. Any access or use after changes to these terms and conditions will constitute acceptance of the revised terms

11. Termination

This User Agreement, as amended or modified from time to time by GemsTV, is effective until termination by GemsTV. GemsTV may terminate this User Agreement without notice and at any time. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in this User Agreement shall survive termination. GemsTV shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof.

12. Resolution Of Disputes

GemsTV's offering or sale of a product(s) to you pursuant to this website shall not be construed as GemsTV's purposeful availment of the privilege or benefits of doing business in the United Kingdom. All facets of your use of our website and/or our low rate line and/or your purchase of a product(s) from GemsTV - including the rules and procedures set forth in this website, this User Agreement and our Terms and Conditions of Sale - shall be governed by and construed in accordance with British law, without regard to conflicts of laws provisions. Additionally, any claims brought against GemsTV shall be governed by and construed in accordance with British law. Sole and exclusive jurisdiction of any action or proceeding arising out of, or related to, the use of this website and/or GemsTV's low rate line, including any purchase and sale transaction arising therefrom, shall be in the United Kingdom.

13. Miscellaneous

This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any provision of this User Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the User Agreement and shall not affect the validity and enforceability of any other provisions hereof. The headings and captions in this User Agreement are intended for convenience only and shall in no way affect the interpretation of the terms hereof. GemsTV 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, terrorism, 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.

Terms & Conditons Of Sale

Below is a summary of our standard terms and conditions of sale. These terms and conditions of sale apply to all sales - whether arising from TV Games, Web Games or normal purchases of items that are otherwise offered for sale on our website. We have tried to make the below summary simple and easy for you to understand. A full and complete copy of our Terms and Conditions is available upon request. For confirmation and your ease of reference, a copy of our Terms and Conditions also appears on the reverse side of our invoices. By placing your order through our website or our low rate bidding numbers' call centre , you are accepting and agreeing to all of our Terms and Conditions of sale

Orders & Payments:

Orders may be made over the phone through our low-rate bidding numbers or online through our web site. You can pay for your purchases with most major credit cards. We accept payment via Barclay Card, Master Card, Maestro, Switch/Solo, Visa/Visa Delta and Visa Electron. We do not accept payment by cheque or cash. If you are using our website to order, please note that items will only remain in your shopping cart for a maximum of 2 days. GemsTV has a policy of sending customers a reminder email message if items remain in your shopping cart for more than 24 hours and more than 36 hours. This reminder is for the purpose of letting customers know the time remaining to complete their purchase. After that, the item(s) will be removed from the shopping cart and put back up for sale. We limit the time for checking out because our jewellery items are unique and we do not keep large quantities of each product in our inventory. For orders put into shopping carts after winning a "Forward Bid", the maximum time for checking out is 2 days and a reminder email will be sent when your "Forward Bid" is successful.

Easy Payments:

1. GemsTV may, at its discretion, make certain products available under the "Easy Payment" terms this may include associated products of the aired item such as insurance or chain. Products selected for Easy Payment will advertised clearly before and during our television games.

2. Orders placed on the Easy Payment Scheme can only be taken by speaking to a Customer Service Operator on our sales line.

3. Payment of the total price of the products under the "Easy Payment" scheme is spread over the course of three equal monthly interest-free payments. You must make payment with your credit/debit card and the first payment installment amount will also include all additional costs such ash packaging and delivery charges and any rounding requirement. The first payment installment will be taken on the day of shipping.

4. The second payment installment will be made on the corresponding date of the subsequent month and the third and final payment installment will be made on the corresponding date of the third consecutive month (unless there are fewer days in any subsequent month, in which case the payment installment will be made on the last day of that month).

5. Any product purchased using the Easy Payment scheme must be on a separate order to any other products although all Easy Payment products will appear on the same order. [You will not be able to place any subsequent order of products using the Easy Payment Scheme until all payments outstanding in relation to any existing orders using the Easy Payment Scheme are cleared in full.

6. You are responsible for paying all payment installments in full and on time and for informing us if your credit/debit card details change, expire or become invalid and provide us with details of an alternative credit/debit card from which payment will be made.

7. Any payment you make or refund due to you shall be applied first, at our discretion, against any costs and charges you have incurred with us, secondly in satisfaction of any accrued late payment interest, and finally against the outstanding principal amount.

8. You shall pay interest at a rate of 5% above the prevailing base lending rate of Barclays Bank plc on any amount not paid by its due date calculated on a daily basis from the due date until actual payment, to them both before and after any judgment decree or demand served on you.

9. If you fail to comply with the provisions of these Terms and Conditions, you shall on demand pay all charges and costs (including legal costs and expenses) incurred by GemsTV in the administration of the agreement, locating you, communicating with you and collecting any unpaid sums.

10. Gems TV will send you a written agreement setting out certain information including the total amount that you have agreed to pay us, each payment installment amount, the due date of each payment and your cancellation rights. If you do not agree to any of these conditions you must return all items to us, unopened and in a resalable condition, within 10 days in accordance with our standard returns policy for a full refund and cancellation of the agreement.

11. For products which you return in accordance with our Terms and Conditions of Sale, the purchase price of the product (together with any delivery charge paid if applicable) will subject to paragraph 7 above, be refunded back to you.

12. At the present time this facility is not available for orders shipped to Republic of Ireland.

13. These Terms and Conditions and any dispute arising out of or in connection with their subject matter shall be governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the English courts.

Additional Charges:

The price for the product will be determined in accordance with the rules and procedures applicable to the particular game in which you participated (see Rules and Procedures for TV Games or Rules and Procedures for Web Games for more details) or based on the fixed price for product on our website. Please note, however, that the price of the item includes VAT at 17.5% but does not include shipping and handling charges - which will be added onto the invoice price at the time you are billed. Purchase prices and the amounts of other charges will be stated in Pounds Sterling.

Pre-Shipment Cancellations:

All orders may be cancelled, free of charge, at any time prior to shipment; provided, however, customers who repeatedly cancel orders prior to shipment (and/or repeatedly return products without a good reason) may be excluded from participating in future GemsTV games. This policy is intended to be fair not only to you, but also to other customers who are participating in GemsTV games.

Shipments & Deliveries:

When you complete your order - through this website or our low rate line - the cost and estimated time of delivery will be provided to you.

GemsTV guarantees that every single product featured in a TV game or Web game or which is otherwise featured on this website game is then-currently sitting in our UK warehouse.

We try to dispatch all orders within three (3) business days or within one (1) business day of the requested dispatch date, although occasionally it may take a little longer. We will not be responsible for any delays in shipment directly or indirectly caused by acts of God, wars, terrorism, civil disturbances, riots, floods, strikes, thefts, epidemics, or other events or circumstances beyond our reasonable control.

Although we may provide you with estimated or expected delivery dates, we cannot be responsible for any delays that occur after the product leaves our warehouse. At that point, all responsibility for the timely and proper delivery of the item (including any damage in transit) shifts to the carrier.

The title for all products purchased by you and shipped by GemsTV passes to you upon GemsTV's delivery to the carrier for shipment. This includes the risk of loss however we will reimburse you directly in the unlikely event that an item is dispatched by us but not received by you.

If we are unable to ship the products within the usual time frame, we will e-mail you to notify you of the delay and you will then have the option to either allow extra time for delivery or cancel the order and receive a full refund for any monies paid by you for the delayed order.

10-Day No Questions Asked Return Policy:

If for any reason you are not totally satisfied with the product you have purchased, simply return it to us within ten (10) days after you receive it for a full refund - excluding shipping and handling charges - no questions asked. Please allow us thirty (30) days to process your refund request. To be eligible for a full refund, you must observe the following rules and procedures:

When you receive the package, you should promptly open it and carefully examine the product(s) that you have purchased. If upon examining the item(s), you decide that you do not wish to keep it for any reason, please return it promptly - but make sure you follow the procedures outlined below.

Some products come with an identification tag attached to it. This tag is designed in such a way to allow you to examine your product carefully without obstruction. Returned product that was shipped with tags must be returned with the tag in tact and not tampered with in any way.

Please take care in handling the items because we reserve the right to reject opened items if it appears that you have misused or damaged the item. The product must be returned in the identical condition it was in when you received it. For instance, if you have resized or otherwise altered the product or its tag, we will not be able to accept your return.

The return package must be complete. By this, we mean that all of the items we sent to you, including the jewellery box and the Certificate of Authenticity, must be returned along with the product itself.

The returned items must be properly packaged for shipment so that the product arrives at our warehouse in the same condition as when we sent it to you.

If the above conditions are met, we will credit your card in an amount equal to the price of the returned item(s) and any applicable taxes. We will not refund or credit shipping and handling charges if the item is not returned to us in like-new condition unless you are returning the item due to a claimed defect or fault in the product and only then if (a) there is no doubt that the item was received by you in that condition (i.e., that the defect or fault was not caused by you) and (b) the defect or fault was not caused during shipping. See GemsTV's Limited Warranty set forth in the next section of this website.

If the above conditions have not been met, we reserve the right to send the product back to you.

If you are taking advantage of our 10-Day No Questions Asked Return Policy due to a claimed defect or fault in the product, please indicate whether you prefer a refund or replacement. Please note that due to the nature of our business, in which our product lines are frequently changing, we may not always be able to offer you a replacement. In those cases, we will automatically credit your card.

GemsTV's Limited Warranty:

What does this warranty cover? This warranty covers any defects in materials or workmanship with respect to GemsTV products purchased via this website or our low rate bidding numbers' call centre, subject to the exceptions stated below.

What does this warranty not cover?

This warranty does not cover any problems with or damage to the product caused by (a) alterations or re-sizing of the product, (b) normal wear and tear resulting from your use of the product during the warranty period or (c) abuse, misuse, neglect, exposure to harmful chemicals, detergents or bleaches, or acts of God (such as flood or fire). See also Limitation of Damages, below.

How long does the coverage last?,

This warranty covers the original purchaser for a period of one hundred and eighty days (180) days after his or her receipt of the item. Items returned more than one hundred and eighty days (180) days after the delivery of the product will not be covered. Coverage terminates if you sell or otherwise transfer the product to someone else.

How do I handle the return?

If you are returning the product due to a defect or fault in the product, please indicate whether you prefer a refund or replacement. Please also provide an explanation of the claimed defect or fault, along with a statement of how and when the problem was discovered. The return package must be complete. By this, we mean that all of the items we sent to you, including the jewellery box and the Certificate of Authenticity, must be returned along with the product itself. The package must be properly addressed and sent, postage prepaid, to Gems TV (UK) Limited, PO Box 12916, Redditch, B97 9BT.

What will GemsTV do?

Upon receipt of your return package, GemsTV will promptly inspect the package to determine if you have complied with the above return policies. If your return is complete and in accordance with the terms of the warranty, GemsTV will either (a) replace the product with a product of the same description as the one being returned or (b) refund the purchase price of the product to you. Please note that due to the nature of our business, in which our product lines are frequently changing, we may not always be able to offer you a replacement. In those instances where we do not have a replacement item in our inventory, we will automatically credit your card. If your return is not in accordance with the GemsTV warranty, we reserve the right to reject the return and to send the product back to you.

LIMITATION OF DURATION OF IMPLIED WARRANTIES.

PLEASE NOTE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY LIMITED IN DURATION TO ONE HUNDRED AND EIGHTY (180) DAYS FROM THE DATE OF DELIVERY OF THE PRODUCT (i.e., THOSE IMPLIED WARRANTIES SHALL BE LIMITED TO THE DURATION OF THE LIMITED WARRANTY SET FORTH ABOVE). If any part of this clause shall be held to be invalid and/or ineffective, such part shall be segregated and deleted and the balance of this clause shall remain binding. Only if absolutely necessary shall the whole of this clause be segregated and deleted and then the remaining terms of this User Agreement shall remain binding.

What if you discover the defect or fault right away?

Notwithstanding the foregoing Limited Warranty, if a product is defective or damaged upon receipt, we recommend that you take advantage of our 10-day No Questions Asked Return Policy. While your right to return the product in the first 10 days is automatic - subject to the terms of our return policy - we do ask you to provide us with the following information: (a) the nature of any defect(s) in or damage to the product at the time you received it so that we can avoid inadvertently restocking a defective item and (b) the condition of the package at the time it arrived so that we can determine whether it was damaged during shipping. If the product is returned to us pursuant to the 10-Day No Questions Asked Return Policy in less than mint condition and you do not provide the above information to us, we reserve the right to reject your return. We also reserve the right to reject your return for the reasons stated above in the section entitled "What does this warranty not cover?"

Limitation Of Damages:

UNDER NO CIRCUMSTANCES SHALL GemsTV, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED BY GemsTV. IN NO EVENT SHALL GemsTV'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. If any part of this clause shall be held to be invalid and/or ineffective, such part shall be segregated and deleted and the balance of this clause shall remain binding. Only if absolutely necessary shall the whole of this clause be segregated and deleted and then the remaining terms of this User Agreement shall remain binding.

Amendments:

GemsTV reserves the right to amend any of the Terms and Conditions of Sale at any time and from time to time. All such amendments shall become effective automatically and immediately upon being posted on this site.

Resolution Of Disputes:

GemsTV's sale of a product(s) to you pursuant to your order via this website or GemsTV's low rate lines shall not be construed as GemsTV's purposeful availment of the privilege or benefits of doing business in any country or legal jurisdiction other than the United Kingdom. All facets of your use of our website and/or our low rate lines and/or your purchase of a product(s) from GemsTV - including the rules and procedures set forth in this website and these Terms and Conditions of Sale - shall be governed by and construed in accordance with the laws of England, without regard to conflicts of laws provisions. Additionally, any claims brought against GemsTV shall be governed by and construed in accordance with the laws of England. Sole and exclusive jurisdiction of any action or proceeding arising out of, or related to, the use of this website and/or GemsTV's low rate line, including any purchase and sale transaction arising therefrom, shall be in England.

Ring Resizing Service

At GemsTV we want you to be delighted with your purchases. That's why we are proud to join forces with Outwork Jewellery Services who are able to offer you this ring resizing service for all rings purchased from us. If you would like your ring resized by Outwork, complete the form that you received with your ring and place it along with your ring and your certificate into the enclosed padded envelope and seal it.

You do not need to send the box. Use the Outworks's address (below) to address your envelope.

Outwork Jewellery Services Ltd
23-24 Hall Street
HOCKLEY
BIRMINGHAM
B18 6BS

We strongly advise you to use Royal Mail Special Delivery as Outwork Jewellery Services Ltd cannot be held liable for any items that are lost in transit. Alternatively, if you are local to the Birmingham are, you can take your ring in person, (opening hours 8.30am – 5pm Monday to Friday. Please allow up to 21 days for your items to be re-sized and returned to you).

Regardless of size required all silver rings are charged at £8.
9k gold rings up to size Z are charged at £14.
18k gold rings up to a Z are charged at £18.
To obtain a price for gold rings over size Z please call Outwork Jewellery Services Ltd on 0121 688 8808 or email sales@jewelleryservices.com.

Included in the price of re-sizing and repairs is Royal Mail Special Delivery postage which includes insurance up to £500. An extra £5 may be added to the charge for items over £500 to cover return postal insurance. Gems TV are not liable for any damage or breakages caused as a result of re-sizing or repairs.

Outwork Jewellery Services Ltd are also able to undertake repairs and stone replacements at a very reasonable cost – please contact as above for further information.

Privacy Policy

This website is operated and managed by Gems TV (UK) Limited ("Gems TV"). This Privacy Policy explains how we use and protect your personal information. You express your consent to this Privacy Policy by using our Site. If you have any questions about this Privacy Policy or the Site, please contact us.

Contents Of This Policy

Scope:

This privacy policy describes how we handle your personal information for our services available through www.gemstv.co.uk (the "Site") and applies generally to our affiliated companies. By using this Site and by registering as a customer, you accept the terms of this Privacy Policy, and in doing so, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on 1 November, 2006.

Collection:

You can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers located in the United Kingdom. All of the information described below is available in its raw form to our webmaster. Where sensitive data is stored, it is held in an encrypted form, only readable by programs that are themselves protected by password and by access point.

We may collect and store the following personal information:

Membership Information:

You can register as a member at no cost or obligation to you. Registering as a member requires you to enter an email address and password ("Membership Information"). We do not sell, rent or pass on your email address to any other company. We never have, and we never will. When you become a member, we assign you a Customer Number and store the date of membership. On the membership form, you may opt out of receiving any newsletters that we may send. If you do not opt out when joining, we will send newsletters to you as they are created. On each newsletter, you will be given the facility to opt out of receiving future newsletters. This information is made available to our Operational and Marketing staff. Note, all of your activities on the Site will be traceable to your Customer Number.

Contact Information:

When entering into a sales transaction we require, in addition to the Membership Information, certain contact information. This extends your membership record to include your Name, Address and Telephone Number. This information is made available to our Operational and Marketing staff.

Delivery Information:

When goods are to be delivered, we need to have delivery details, so we will require you to provide a Delivery Name, Address and Telephone Number. This information is made available to our Operational and Marketing staff and may also be shared with any courier company that we may use for the delivery of the goods.

Credit/Debit Card Information:

When paying for goods or services via credit card, we require you to enter your credit card number, expiration date, card type (MasterCard, Visa, etc.), card holder name and card ID. The credit card number and Card ID are held in encrypted form and under restricted access. Credit card information is made available to our Operational staff but only where it is necessary for them to process your order.

Order Information:

When you place an order, we will keep a record of the type(s) of item(s) purchased, the quantity, pricing information and any delivery cost. For analysis purposes, we also store the date the order was placed and the date it was shipped. This information is made available to our Operational and Marketing staff and may be made available in summary, non-specific form to any of our business partners by way of analysis or the payment of royalties and/or licenses in the supply of such goods. At the end of placing the order, we may ask you to enter certain simple items of marketing information to help us develop our business. You may elect to not enter this information.

Use:

Our primary purposes in collecting personal information are to allow for payment by credit or debit card while providing you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

Our Disclosure Of Your Information:

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property or safety.

We may also share your personal information with:

In an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Cookies:

We use "cookies" (small files placed on your hard drive) on certain pages of the Site to reference information stored on our server, such as member details and any preferences, in order to improve your browsing experience. Cookies are also used to track user's behavior on our Site for analysis purposes, so that we may work towards offering a better service to our customers. Third party referrals to our Site, from either their web site, from a dedicated link elsewhere, or from a printed URL are recorded using a cookie, which enables us to pay any commissions due to the referrer for your visit to our Site. Cookies are stored in the server logs and their contents are stored in the Site?s database. Browsing behavior, in anonymous form, may be made available to our Marketing and Operational staff and may be relayed to any business party in the interests of improving our services. We do not profile individual customers using cookies.

Surveys, Questionnaires & Competition Entries:

Form time to time, we may invite you to take part in Surveys, Questionnaires or a Competition. These will obviously take different forms, but will all involve the capture of answers and other personal information - typically name and email address. Competition entries will be made available to our Operational staff so that winners may be selected. Other information will be made available in summary form to our Operational and Marketing staff. Such information may be made available to business partners, particularly where a third party is organizing or sponsoring the event. If this is the case, you will be made aware of the arrangement and in what form your data is to be passed on.

Advertisements/Banners:

We may, from time to time, use a third party advertisement company to display advertisements on our Site. These may contain cookies, and appear to be coming from our Site, but in reality they are coming from our partners who are displaying advertisements on our Site. Some aggregated customer data - but not individual data - may be shared with the advertising companies. We are not responsible, nor cannot be held responsible or liable for any events occurring as a result of you being presented such advertisements.

Account Protection:

Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your GemsTV password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify GemsTV and change your password.

Accessing, Reviewing and Changing Your Personal Information:

You can see, review and change most of your personal information by logging into the Site. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Should you so wish, and upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any monies owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our GemsTV User Agreement and website policies, and take other actions otherwise permitted by law.

Security:

We take the issue of security very seriously. We have established security measures throughout our Site as a way to protect our information and facilities, and in so doing we protect your information. Where personal information is entered on and transmitted to our Site, this is done using Secure Sockets Layer (SSL or https) encryption technology. All of our operational and administration facilities have tightly restricted access to protect your privacy. Access to these facilities is only available over a Virtual Private Network which uses high levels of access restriction and encryption. In addition to this, sensitive information, notably credit card information, is stored in an encrypted form. Our employees are aware of their responsibility to protect your personal information.

While we treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties:

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. We will never sell personal information or share any personal information with third parties that are unrelated to us. Data which has been aggregated from information - so that it is expressed in a broad, non-personal manner - may be relayed to third parties from time to time in order to better serve our customers.

Linking To Other Web Sites:

Our site may contain links to other web sites. Please note that when you click on one of these links, you are clicking to another web site. We strongly advise you to read the privacy policy of these linked web sites as it may well differ from our own. Once you leave our website and enter another website, we cannot be responsible for the privacy or protection of any information you transmit or provide.

Accuracy Of Our Site:

We make every effort to ensure the accuracy of our Site, both in its operation and its content. If you discover any errors or omissions, please email the details to: customercare@gemstv.co.uk.

Changes To Our Privacy Policy:

We reserve the right to change our Privacy Policy from time to time as the business evolves. Where a revision is made to the policy, notification of this change will be sent via email to anyone registered as a Member, and the revised policy will be posted to our Site. Such changes to our Privacy Policy automatically shall become effective immediately upon posting the changes on our website.

Contacting Us:

You express your consent to this Privacy Policy by using our Site. You consent to the collection and use of this information as provided above. If you have any questions about this Privacy Policy or the Site, please contact customercare@gemstv.co.uk, telephone Customer Care at 0845 658 8663 or write to:

Gems TV,
PO BOX 12916,
REDDITCH,
B97 9BT