The Guidelines of GEMFOREX

Read the following guidelines very well. It is important that you agree before you can use the Gem-Trade service.

The Terms and Agreement of GEMFOREX

Anyone who can understand the language of the corresponding country, who can read and write, and who can promise to comply with the guidelines of GEMFOREX, can be able to use the GEMFOREX service after agreeing to the usage agreement.

The GEMFOREX is

In October 2010, GEMFOREX has become a bridge between the traders and each Forex companies who started by providing Forex automated trading software services. Out of these ideals and visions we have launched a Forex company operating in Hongkong - the GEMFOREX.

User fees

The GEMFOREX absolutely does not claim for user fees or transactions fees.

About the rules in Account Opening

GEMFOREX completes the account opening simply by entering the required information from the account opening form, and the account number is issued, but the required documents should be submitted and approved to start trading. In addition, the necessary documents associated with the account opening, a copy of the identification card (driver's license, passport, etc.), copy of address certificate (public fee receipts, billing, etc. certificate of credit card companies and mobile phone company). The address stated in the address and address certificate described in identification card, must be the same. In addition, it is assumed that the date of the period of the identification card and address certificate shall be within three months from date of issue.

About the Rules of Deposits

The GEMFOREX do not accept any deposits from the third party. In case of deposits, it can only be done from the same name as trading account holder. Funds sent from the name of a third party will be remanded immediately without exception. In addition, in order to make a deposit to trading account of GEMFOREX to be accepted, please use the specified Deposit method. Log-in to My page, click the "deposit (Deposit)" from the menu, and choose the deposit method you wish. Please proceed to the necessary steps and after checking the details continue until the confirmation that shows you have completed the deposit application.

About the Rules of Withdrawals

GEMFOREX do not accept any withdrawal from the third party. When requesting a withdrawal, we will accept only domestic financial institution accounts of the resident of the country or with nationality that is the same as the account holder. If you apply for withdrawal under a third party name, it will be rejected. In addition, in order to withdraw from GEMFOREX's trading account, we only accept the specified withdrawal method. After logging in to My Page, click "Refund" from the menu in My page. Please select the desired withdrawal method. Please proceed to the completion of withdrawal application after confirming the necessary steps and details on that. In addition, since we have segregated management of the same amount of funds as the client's investment funds, you can deal with confidence and regarding withdrawals, we do it directly from this account so we can do it more smoothly and more quickly. The application for withdrawal shall be made only to those who have submitted the documents accompanying the opening of the account. Also, for those who made payment in credit card, if you apply for withdrawal without doing any trading at all, due to the prevention of cashing credit card frame purpose and the like, since permission from card companies will be required, we ask for a little time. And, in case of payment exceeding a total of 50,000 yen from credit card, the same applies if you apply for withdrawal in several transactions. We hope for your acknowledgment. Thank you.

Rules with regards to contracts

The contract rate of GEMFOREX is 99.79% within 0.78 seconds.Here, it’s not a number in a single account of a specific customer, but a number of the overall order entrusted to us, as well as the contractual rate.There is also a possibility that this is to be regularly updated according to the market.In addition, the greater the LOT number, the tendency for a person to commit becomes difficult.This is not just in our company but the same with other companies. It’s a basic point when using a Forex company.Please understand and take note beforehand.

Rules regarding Scalping

There is no particularly strict restriction in all-in-one accounts. However, if the message generated from the customer's account becomes enormous and the execution division of the server fails the execution ability of our server, it may be temporarily suspended. Also, depending on circumstances, subject to Article 12, Paragraph 18 of the Terms of Use, we may take measures according to Article 20, Paragraph 2 of the Terms of Use, so please refrain from extreme transactions. As a result of the previous case, as a result of continuous dealings with a round trip total of more than 10 LOT for a short period (rough estimate of 5 minutes), there are cases the transaction may be stopped at the cover destination without notice, the worth of the corresponding transaction may be deal cancelled. As a result, as taken from Article12, Paragraph 18 of the Terms of Service, and action was taken in accordance with Article 20, Paragraph 2 of the same Term. Also, although it will not be a treatment to that, it is judged to be turnover rate at extreme margin rate, it may be difficult to place an order. For reference, if you are worried, please contact us once for confirmation. For rules on scalping in no-spread accounts, please refer to "About No-Spread Account" on this page, if you are using Scalping EA, please refer to "Rules on the usage of EA.

Rules regarding the price limit and settlement reverse limit

If our company determined there is a possibility that during an index announcement the market will have big movements, there are cases that we widen the scope ( number of points) than usual from the present price of the price limit and settlement reverse price limit.

Rules on the use of EA

In the case of use of EA, depending on EA logic (trading strategy), temporary use of EA (automatic trading) from the cover destination without notice, or continued suspension measures may be enforced. Especially with regards to Scalping EA, there is a high possibility of enforcement, so please use it upon understanding.

Confirmation of Your identification

Those who open an account at GEMFOREX will require submission of identification documents associated with the account opening. The required documents associated with the account opening is, a copy of identification card (driver's license, passport, etc.), a copy of address certificate (public fee receipts, billing, etc. certificate of credit card companies and mobile phone company) . The address stated in the address and address certificate described in identification card, must be the same. In addition, it is assumed that the date of the period of the identification card and address certificate shall be within three months from date of issue.

About Conservation

GEMFOREX has segregated management of the same amount of funds as our customer’s operating funds.

About Margin Call

In case the margin balance (account balance) becomes negative, there is a system that we will offset by bonus award within standard 60 minutes, even for those who did not receive a bonus, we will reset the account balance to 0 yen within standard 60 minutes and reflect the deposit amount, since there is no margin call, you can operate an active leverage management with confidence. However, the malignant use of hedging that is subject to punishment in line with the Terms of Use and prohibited acts is the blind spot of this system.Please understand that this will not be enforced during holding a position. Thank you. Moreover, even with regards to deposits, since it will not be enforced when holding a position, after settling all the positions, make you deposits in the status that you are not holding a position. Even when you are not holding a position, until the zero cut becomes effective, there is a case of time lag. Make sure to confirm that the number of position in the “Holdings account list” of My page is 0(zero), before you process a deposit. Thank you.

For account deletion and account closure request

With regards to account deletion and account closure request, it is carried out at your registered mail address from the account holder himself, at the inquiry form. After checking the contents of your request, we will perform the account deletion and account closure within 3 business days. We do not perform issuance, such as of documents regarding the account deletion and account closure from our company. Also, if performed by a third party representative for any reason, you will need to submit a document to understand the relationship with the account holder.

About the Transaction Report

Regarding the transaction report required such as for tax returns settlement, we would like to ask to retrieve them from MT4 yourself. In addition, if you are going to do any account deletion and account cancellation of GEMFOREX, chances are you will not be able to login at that point in time and you will not be able to take out all of your data history. It will be your responsibility to get the required data before you do any account deletion and account cancellation. We cannot do data acquisition in our company’s side. Please acknowledge this beforehand.

About no-spread account

GEMFOREX is said to be no spread account. We refuse the use intentionally aimed only at the timing of the spread 0.0pips. In addition, as a rule of scalping of no spread account, we ask those who have the possibility to trade the consecutive round-trip total of 10 LOT or more in a short period of time (about the interval of 5 minutes), to contact us in advance. It is necessary to ask for an approval to the cover destination from our company. If you continue the dealings without the permission, it will be stopped trading without notice from the covered destination. There is a possibility of a deal cancel concerning the relevant transaction amount. In case of detection, it will be regarded as an inappropriate trade act as regarded by our judgment in the Terms of Use Article 12 (prohibited acts of users) of Section 10. The account will be stopped. We will apply the Terms of Article 20 (with respect to the cancellation, returned goods, and refund). Furthermore, it will not be a treatment so far, it is determined that the turnover rate in the extreme margin requirements, it may become difficult to place an order.

Other important rules

Users will not be able to interfere with the service. You agree not to interfere with the relevant business in the service or GEMFOREX. You agree that you will not give a significantly higher load on the system. You agree not to execute transactions regarded as malicious as was well aimed at the blind spot of providing services and systems. We prohibit malicious trading using the blind spot of bonuses and zero cut system. We also prohibit the trade aimed only at the time of or during the United States employment statistics announcement of economic indicators, we ask for average trade. Although we allow the cross order in one account, but we prohibit the trading contrary to the Guidelines and Terms of Use. Please contact us in advance if there is a possibility to trade consecutive round-trip total of 10 LOT or more in a short period of time (about the interval of 5 minutes). If there is no contact, there is a case that a trading stop treatment will be carried out from the covered financial institutions. These are applied not only to the intentional or negligence. If identified, the amount concerning the relevant transaction will be considered as deal cancel. It will be regarded as an inappropriate trade act as regarded by our judgment in the Terms of Use Article 12 (prohibited acts of users) of Section 10. The account will be stopped. We will apply the Terms of Article 20 (with respect to the cancellation, returned goods, and refund). You agree that you need to report promptly to the Company if you notice a blind spot of providing services and systems. With regards to the confidentiality of the password and ID, it is assumed that the user is responsible in carrying out all the activities using the password and ID. In addition to the guidelines, there are rules that should be observed in the use of GEMFOREX described in appropriate places, please comply. The user, in the use of GEMFOREX, must comply with the rules and instructions, such as relevant laws, decrees and ministerial ordinance.

Transfer of rights and prohibition of commercial use

The user shall not transfer, rent or lease the rights and obligations of the ID acquired from GEMFOREX in accordance with the provisions of this guideline to a third party. The user crossing the terms of the range prescribed by the guidelines of GEMFOREX and without permission from GEMFOREX shall not be use for commercial purposes.

Other User’s information

The user, for any purposes other than to use GEMFOREX, assumes that you agree that you do not use the personal information of other users who are using the GEMFOREX. Also, making a collection of personal information of other users by using the GEMFOREX is prohibited. In addition, when we say personal information here we mean the data other than the name and mail address, like text, photographs, drawings, paintings, user posted in connection with gem-trade such as sound, is intended to refer to anything that has been transmitted.

Matters we want to keep in mind in trading and disclaimer of GEMFOREX

The GEMFOREX is not involved in the actual transaction. The financial commodity handled by GEMFOREX is Forex, foreign exchange trading that carries a high level of risk that may not be suitable for all investors. Leverage creates additional risk and loss exposure. Before you decide to trade foreign exchange, please carefully consider the investment objectives, the experience level, and risk tolerance. You may lose some or all of your initial investment. Therefore do not try to invest money that you can not afford to lose. Review the risks associated with foreign exchange trading, when there is doubt, please seek advice from an independent financial or tax advisor. The GEMFOREX does not assume any responsibility for your trading. This is done in the judgment and responsibility of your own.

The way of thinking of User Information and Privacy Policy

The GEMFOREX will comply with the separately determined Terms and Agreement and Privacy Policy.

Authority Elimination of GEMFOREX

Although the GEMFOREX is not able to examine the contents before the start of the provision of content, rejection, edit, move, we reserve the right to sole discretion to delete. In addition, if GEMFOREX determined that there is an attempt to infringe or violate the Terms of Use (including guidelines) or any act in violation of the spirit of the matter and the terms and conditions set forth in (including guidelines) by the user or by other users, immediately without having to notify the rights of the user, we shall reserve the right to remove the corresponding ID or content. In addition, the GEMFOREX is assumed to possess the right to remove the ID of the user that has not been used over a period of time.

Disclaimer Stipulation of Guarantee

The user agrees to the following matters.

  1. The user will use the GEMFOREX at your own risk. GEMFOREX does not guarantee that the GEMFOREX will operate normally. Also the GEMFOREX does not guarantee all the things, such as acts that would infringe rights of third parties to fit a particular purpose.

The GEMFOREX does not guarantee with respect to the following matters.

  1. That GEMFOREX will comply with the demand of the user.
  2. That the content of GEMFOREX and systems and programs are safe, that errors like failures may not occur.
  3. That the result obtained from the use of GEMFOREX is accurate.
  4. That the user or content to available through GEMFOREX, the product, service, and other data are consistent with the expectations of the users.
  5. That an error or defect or the like on the website of GEMFOREX are all modified.
  6. That information and advice that GEMFOREX provides for the use of GEMFOREX is accurate. Also, the system maintenance of GEMFOREX , such as when GEMFOREX has judged necessary might pause without any notice in advance to the user.

The Downloading or obtaining of data which is carried out by using the other GEMFOREX is done at the discretion and responsibility of the users themselves. Only users will assume responsibility for the damage of the computer system or loss of data resulting from the download and obtaining of data. The GEMFOREX does not guarantee to the user the obtained data, or advice provided through the use of GEMFOREX

Limitation of Responsibility

The nature of GEMFOREX, in light of technical constraints on the Internet and a computer, etc. infrastructure technical constraints such as communication lines, (even if it is pointed out the possibility of damage occurring in GEMFOREX)

  1. The use or unavailability of GEMFOREX.
  2. content provided or available through, or from GEMFOREX from obtaining data provided by GEMFOREX, message received and the cost of which occur as a result of trading transactions.
  3. use transmission or unauthorized access or modifications to the data of the person.
  4. GEMFOREX third party comments or acts.
  5. that for any other damages arising from any matters related to GEMFOREX , it assumed that the user accept and understand, we do not bear any liability.
The Disclaimer of GEMFOREX set forth in this guideline, in case it is due to direct cause of the damage, it is assumed that it does not apply if gross negligence or willful regard in the grounds of GEMFOREX.

Relationship with GEMFOREX Terms of Use

Even if Terms of Agreement are stipulated by the GEMFOREX, we will apply the portion related to the use of GEMFOREX. However, if conflict occurs between this guideline and GEMFOREX terms of agreement conflict, this guideline will be applied to priority.

Absence of contractual relationship

Between GEMFOREX and users, partnership, joint venture, franchise, agency, contractual relationship, such as outsourcing will absolutely never occur.

Announcement

Notice to the user is done through e-mail or each user’s My page. Also, the general announcement about the gem trade, such as Terms of change, is done by displaying the link to that instruction in the GEMFOREX.

Guidelines for Changing rights

When GEMFOREX judged that it is necessary, it shall be possible to change this guideline at any time. However, if we want to change the important elements of the guidelines we shall notify the user in advance.

Governing Law and Jurisdiction

On the relationship between the Terms of Use or guidelines and user and GEMFOREX, it is assumed to be interpreted on the basis of our management law of the country and does not match against the user's resident country law. However, in case we encounter any dispute between the user and the company, although we aim to amicably resolve conduct talks with both, if it is determined that the solution is difficult, depending on the Sogaku, it is agreed that the court of law of the country where the Company operates will govern.

Waiver of Right

Even in the case where GEMFOREX does not exercise or perform a right to be shown to the Terms of Service or guidelines, it does not waive the right. In addition, even if part of the Terms of Use or guidelines is held invalid, the other provisions of the Terms and Conditions are valid.