Terms of Use in GEMFOREX

This site is owned and operated by "GEMFOREX Van Limited Govant Building,PoBox 1276,port Vila,Vanuatu".

Article1(Definition)

The following determines the various terminologies that are being used in the this agreement.

  1. The [ Main service] specifies, the settlement services, IB system, mail system and each services to be used to be able to provide information as well as providing each commodity and all other related support that the GEMFOREX Van Limited (the company below) will hold.
  2. The [User] specifies the person that agrees to the agreement between the company and the main service, and has registered as a trader and or Partner IB.

Article2(Scope of the Agreement)

The following states the scope of the this agreement.

  1. It will apply to any relationship between the Company and the user with respect to the use of the main service.
  2. It is assumed that the contents of this service and main usage of Terms and Conditions can be change without prior notification to the User.

Article3(Content of the service)

  1. For the users, financial instruments trading system that we offer, settlement services, IB system, mail delivery system and various internet services.
  2. The user will be able to receive the support services related to this service from our company.
  3. For operating and technical reasons, the service as well the support that we provide may be changed or stopped.

Article4(Registration of the User)

  1. For those who want to use this service, you can make the user registration from registration specified form on the WEB.
  2. Anyone of at least 18 years of age, is able to understand the corresponding country language, those who can read and write, is possible to join if as long as they are able to promise to comply with this Agreement and the guidelines of this service.
  3. We, after receiving the preceding application, will send a confirmation E-mail to the user. By sending the confirmation we will complete the user registration.

Article5(Caution and Disclamer when in use)

  1. A person who has an account opened in the Company shall have unlimited use of the EA that the Company provides free of charge. However, the use of account other than our account or the accounts other than permitted by our Company is prohibited.
  2. When performing a combination of the EA, it shall be used at your own risk. The Company shall bear no responsibility to the losses from the use of multiple EA (our EA, including the same logic, and other commercial EA, self-made EA, including all of the EA) due to malfunctions that occur, all responsibilities belong to the user himself.

Article6(Notification of the Changes in the Information)

  1. In case where a change in the information of the User’s own name, address, telephone number, e-mail address, to the bank account of the other company that you are using where we deliver information has occurred, an immediate notification to the company shall be done (the change in the screen management of member registration information and or modification you want to change or modify).
  2. We do not have the obligation to change in replacement of the user.
  3. In the unlikely event you are no longer able to log in, it is possible to apply the form of the password reminder for delivering a password to the registered E-mail, and you will be able to retrieve the password. Since we do not bear any responsibility such as password leakage due to the use of this feature, please use at your own risk when you use the service.

Article7(Prohibition of the Transfer of rights)

  1. With regards to the User’s ID issued by our Company, as a general rule, it is prohibited to lend or sell or transfer it to the third party.
  2. It is assumed that the User has the responsibility with the ID management, all the actions done by using the ID, the user who is registered for that ID has the full responsibility. (In the unlikely event that a leak of the user’s ID to the third person has occurred, please contact the Company immediately).
  3. Once registered, ID’s registration continues, as long as the service continues.
  4. We will identify the user by ID.

Article8(Management of Password etc)

  1. For the password that the Company issued to the user, the user shall deal with a sufficient duty of care so as not to disclose or leak this to the third party.
  2. It is assumed that the user bear the responsibility for any deficiencies of Password management, usage malpractice, infringement and responsibility by the use of a third party.
  3. We will send you a confirmation e-mail at the time of various procedures to the e-mail address you registered.In the unlikely event that a third party carries out unauthorized access to the e-mail address, such as approval of various procedures, any damages or liability shall be borne by the user.Users are requested to strictly manage with sufficient duty of care.

Article9(Handling of personal information)

  1. If the Company obtained the personal information of the user through the operation of this service, we only use the personal information for our purposes after getting the consent from the user in advance. We do not use for other purposes without prior consent from the user. Also, we take into consideration the management care and utilization of personal information so as not to impair the benefits of the user.
  2. The purpose of the Company to obtain personal information from the user are as follows unless otherwise indicated, the user will agree about the purpose of use.
  3. ・For providing identification and various contact matters of the users of this service.
    ・To use as marketing data for the purposes of the Company's business operations and our service improvement
    ・For guidance and advertising information regarding services and other services provided by the Company

  4. Our company unless it corresponds to the following items, will not disclose or provide to the third parties, without the consent of the user.
  5. ・ If it is based on the laws and regulations.
    ・In case it is appropriately recognized to provide personal information as requested by the court of law or administrative agency.
    ・If it is appropriately recognized to provide personal information for the protection of the public life, body or property of the user.
    ・The Company, with regards to the required scope for the achievement of the preceding purposes, in case the handling of the all or part of the personal information is entrusted to the contractors.
    ・If the personal information is provided in accordance with the succession of business joint venture or other reasons
    ・And other, as a generally accepted idea, if the disclosure or provision of personal information is found appropriate

Article10(Consent of information delivery by email)

  1. It is possible to deliver information by email regarding main service against the company or subcontractors
  2. If you want to stop mail delivery from our company, please contact us here In addition, in case you want to stop mail delivery, we will be allowed to perform the deletion of the registration information (account).

Article11(Notification Method to the User)

  1. We shall be able to perform by the method that allows notification or announcement and appropriate notification by the other company through E-mail against the user (like the notices in the user's My Page).
  2. It is assumed that based on the preceding paragraph, the notification email sent by the company to the registered email address of the user has reached the user.

Article12(prohibition acts of users)

In order to use this service, users must not have the acts listed below. If the following acts are found, we might unconditionally stop or remove the use, we may also freeze the reward. It shall be processed by a legal action in some cases. The judgment about the presence or absence of prohibited acts is done in our company. It is assumed that it does not require any explanation of the content and rationale to the user.

  1. The act of the registered user as a user who does not exist
  2. The act of a person to use other than the account holder
  3. The act of using one account with multiple names
  4. In the user registration, the act to be registered in the state of omissions by false statements, clerical error, or intended to report matters.
  5. In the type of one registration, the act of the same person having two or more accounts (except when the Company has recognized special case)
  6. Regardless of the intentional negligence, the act to interfere with the Company's operation.
  7. The act of infringement of the Company and copyright and other rights of subcontractors
  8. The act that beget disadvantages by slandering or damaging the honor of the Company or a third party.
  9. Acts of copyright such as other intellectual property rights, of moral rights such as portrait rights, infringement of other legal rights or worthy of protection rights, or any act in violation of the relevant laws and regulations.
  10. Act of infringement of a third party's privacy.
  11. Illegal or act of suspicious activity
  12. Trade acts that are regarded as inappropriate at our discretion.
  13. Acts of depositing into two traders (or multiple traders) and doing cross trade (the same currency pairs, also including highly correlated currency pairs).
  14. Acts of cross trading with multiple accounts of our company (the same currency pairs, also including highly correlated currency pairs).
  15. Conducting repeated deposits and trading at the same time with a third party, and conducting withdrawals at the same time.
  16. Trading regarded as malicious that were aimed the blind spot of providing systems and services.
  17. During economic indicators, such as announcement of American employment statistics, as well as government and central bank intervention, transactions regarded as malicious aimed only at the timing of rapid market changes.
  18. Trading by huge number of Lots without prior notice.
  19. Acts to be registered with false contact or third party contacts
  20. Acts misleading to the judgment of consumers, or the act when the customer’s judgment is determined undesirable and the Company have to do the judgment
  21. The act to be registered without the consent of such legal representative at the time of application of either incompetent individual or quasi-incompetent person.
  22. The act of user registration under the age of 18 years old.
  23. Acts of anti-social behavior and acts appropriately prohibited by our company or violations of laws and regulations.
  24. The act of registration of an anti-social person, ex-convict, and violators of laws and regulations and appropriately prohibited by our company.

Article13(About input writing and data upload)

  1. Data of users that have been uploaded in this service will not be returned.
  2. If the user has unsubscribed, the data of user that have been uploaded in this service will be discarded by our company.

Article14(Guarantee)

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

Article15(temporary suspension of the Services)

The company, by reasons mentioned below, can temporarily suspend the main service without prior notification to the users.

  1. In the case of system maintenance.
  2. In case of fire, flood and by reason of natural disaster where we can not provide the service such as an earthquake.
  3. In case the Company is determined to be incapable of providing smooth delivery of service.

Article16(Change in specification of main service etc)

The Company can make changes in the specification of the main service, etc. even without prior notification to the user.

Article17(With respect to Deposits)

The company does not accept any deposit from the third party. When you make a deposit, it is assumed that it is only possible from the same holder of the trading account. Funds sent from a third party will be remanded immediately without exception. In addition, in order to deposit to our trading account, we will accept it only at the specified payment method. When you log-in to My page, click the (Deposit) from the menu and choose the method that you wish to use. Proceed to the necessary steps and confirm the details of your deposit until you complete the transaction.

Article18(With respect to Withdrawal)

Our company does not accept any withdrawal from the third party. In case of withdrawal request, it can only be done from the same name of the trading account holder. If you apply for withdrawal under a third party name, it will be rejected. In addition, in order to withdraw from our company’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, we do segregated management of the same amount of funds as our customer’s operating 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.

Article19(Completion of the Contract)

  1. The user that is not a registered user, after checking out the contents of this Terms of Use, please go the company’s site and fill out the registration form with necessary facts and kindly send it to us. When we received your application, after reviewing and approval based on the company provision, we will send you an ID and account information through E-mail to be able for you to log-in into My page. We will assume contract completion when you received the ID etc.
  2. We will consider those who have completed the user registration had agreed to the this terms of use..
  3. The partner (IB) shall agree to this agreement and separately determined special partner and Terms of use and register and submit the necessary documents. At the time it was approved as a partner of the company and partner (IB), we will assume that you have entered the contract and complete.

Article20(With respect to cancellation, return of goods and repayment)

  1. We cannot perform refund and any responsibility for the loss incurred from trade dealings by the user who opened an account. It shall be assumed that everything is under the judgment and responsibility of the users.
  2. Article 12 In cases where it falls under the prohibited act of a user, there are cases where it is not possible to grant withdrawal, and the user shall not appeal to it. Also, in that case, we will refund the principal you deposited. However, in the case of discovery the principal isgone, refund processing cannot be done because the principal is already 0 yen. In this case, the amount of profit made by trading in bonus amount will not be principal.
  3. In the partner (IB), on which the company recognized a trouble associated with the promotion of service, where the case exceeds 5 cases between 30 days, the reward will be frozen and will maintain in this state until the cause and the commitment to prevent the recurrence becomes clear.
  4. In the Partner (IB), if at the company’s promotional activities of the service, it shall be unlawful and in the opposite of the public order and morality, or if those that conflict with these Terms and Conditions are deemed the reason for trouble, we will delete the IB’s registration in helping our advertising activity and after confiscating the IB reward, we will unconditionally stop orremove the use. In some cases, it shall be processed by a legal action.
  5. The settlement of a user within 5 minutes via Partner IB is not part of the reward.
  6. There is a possibility of exemption from the reward after a detection of the transaction from violators of Terms of Use via Partner (IB).

Article21(About dealing with loss compensation cancellation at the time of withdrawal)

We prohibit malicious transactions using the blind spots of bonuses and zero cut system. Also, based on Article 12, 13, 14 of the Terms of Use, we prohibit acts of depositing into two companies (or multiple companies) and do cross trading or do cross trading with multiple accounts in our company. If we judge that it was traded by these acts using the deposit bonus, The withdrawal amount will be the amount obtained by deducting the loss compensation amount (the amount we paid by our zero cut system) at the time of application for withdrawal. Regarding this judgment, it will be done based on experience of our inspection team. There may be differences with the intention of the customer, but there is a case where we are allowed to enforce when there is doubt. We hope you would conduct your dealings understanding this beforehand. Since you agree to the Terms of Use and Guidelines when opening an account, It assumed that you agreed to the above items at the time the trade started. Please note that we will not respond to inquiries after execution.

Article22(Disclamer)

We, for damages the user arising from the unavailability or use of this service, does not assume any responsibility, regardless of its cause.

Article23(Contract Period)

The term of this agreement is one year from our membership registration approval date. In up to 30 days prior to the end date of the contract, unless there is a contract termination of intention displayed from either party, this Agreement shall be updated further one year by the automatic extension, and the same after that.

Article24(Approval)

The user shall also approve the following matters.

・Partner (IB) system has become a standard feature.

Article25(Cancellation or withdrawal from contract)

If you wish to cancel or withdraw, you must apply using the withdrawal request form. We will process the withdrawal within one week. With regard to the account balance, you are required to process withdrawals under the account holder's responsibility before applying for cancellation and withdrawal. In addition, since the account itself will be destroyed when the withdrawal process is performed, the account balance will be abandoned. If a partner (IB) makes an application for withdrawal with unpaid sales of less than 5,000 yen, it is assumed that the receipt of the sales has been abandoned at the time of application. There is no fee for cancellation or withdrawal.

Article26(Service・Support time etc)

About the time zone for the account opening in line with the acceptance of Partner (IB) as well as issuance of ID are as follows.

  1. The account opening in line with the IB reception as such as ID will be issued in 24 hours.
  2. For phone and mail inquiries, we will correspond everyday from 10:00 am until 5pm, excluding weekends and holidays..

Article27(Reparation of Damages)

When for some reason damages occurred, in the case of reparation of obtained damages, it is assumed that consultations will be perform between the operator and the user.

Article28(Governing Laws)

This Agreement, and shall be interpreted on the basis of management law of the country, if it does not match against the user's resident country law. In case we encounter any dispute between the user and the company, but we aim to amicably resolve the situation by conducting discussions in both side, with correspond to the court, the user agrees to the court of country where the Company operates.

(Revised October 1, 2014)