The Guidelines of GEMFOREX

Read the following guidelines carefully. It is important that you agree before you start using 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.

About GEMFOREX

GEMFOREX has been a bridge between traders and various FX companies since October 2010 when we started our service of providing automated FX trading software (EA). GEMFOREX was started as the ideal FX company that we envisioned.

User fees

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 Proof of identify (ID card, driver's license, passport, etc.), copy of the Proof of address (utility bills, bank statement, etc.). The address stated in POI and POA must be the same. POA shall be within three months from the date of issue.

About the Rules of Deposits

GEMFOREX does not accept any deposits from the third parties. 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, to successfully make a deposit to the trading account of GEMFOREX, please use the specified Deposit methods. Log-in to the user’s page, click the "Deposit" button from the menu, and choose the deposit method you wish to use. 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 request from a 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, to withdraw from GEMFOREX's trading account, we only accept the specified withdrawal methods. After logging in to the user’s page, click "Refund" button from the menu. Please select the desired withdrawal method. Please proceed to the completion of withdrawal application after confirming the necessary steps and details. In addition, since we have segregated management of the same amount of funds as the client's investment funds, you can trade 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. 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, a permission from the credit card companies will be required. The same rule applies to the payments exceeding a total amount of 50,000 JPY from the credit card, as well as if you apply for withdrawal in several transactions.

Rules with regards to execution

The execution 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 the number of the overall order entrusted to us, as well as the execution 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 to execute becomes more difficult. This is not just in our company but the same with other companies. It’s a basic point when using a Forex company.

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 suspended. Also, depending on circumstances, subject to Article 12, Paragraph 18 of the Terms and Conditions, we may take measures according to Article 20, Paragraph 2 of the Terms and Conditions, so please refrain from extreme transactions. In a 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), the transaction was suspended without notice at the liquidity provider, the corresponding transaction was cancelled. As a result, it was dealt with Article12, Paragraph 18, and Article 20, Paragraph 2. Furthermore, it may be difficult to place an order because it is judged to be a turnover rate at an extreme margin rate. For reference, if you are worried, please contact us once for confirmation. For rules on scalping in low-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 Limit Price and settlement Stop Price

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 Limit Price and settlement Stop Price.

Rules on the use of EA

In the case of using EA, depending on EA logic (trading strategy), there could be suspension of the use of EA (automatic trading), or continued suspension enforced from the liquidity provider without notice. 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 be required to submit identification verification documents. The necessary documents associated with the account opening is, a copy of the Proof of identify (ID card, driver's license, passport, etc.), copy of the Proof of address (utility bills, bank statement, etc.). The address stated in POI and POA must be the same. POA shall be within three months from the 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. 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 positions in the “Holdings account list” of My page is 0(zero), before you process a deposit.

About account deletion and account closure request

Please use the email address registered by the account holder to send the request from 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 issue documents regarding the account deletion or account closure. If the request was sent by a third-party for any reason, you will need to submit a document that shows the relationship with the account holder.

About trading details inquiry

For inquiries regarding the trading details, please contact us by e-mail within 7 business days starting from the closing contract date and time (for unsettled positions, starting from the entry contract date and time). If there is no request within 7 business days, we will treat it as no objection to the contents of the transaction and we will not respond for any reason. Thank you for your understanding.

About the Transaction Report

Please obtain the transaction report required for final tax return from MT4 by yourself. Also, you can only acquire until the last year from MT4, and the previous part will be archived and can be downloaded with CSV specifications from My Page, but they are not necessarily the same items and specifications as MT4. Also, if the GEMFOREX account is deleted (suspended) and the account is canceled, you will not be able to log in at that point and you will not be able to retrieve all the history. It is your responsibility to obtain the necessary data before deleting (suspension) or canceling your account. Please note that we cannot obtain it.

About low-spread account

Although it’s called low-spread account, at GEMFOREX we refuse the users to intentionally target the timing when the spread is 0.0pips and we appreciate the clients to trade normally. In addition, as a rule of scalping of low-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 liquidity provider from our company. If you continue the trading without the permission, your trading will be stopped without notice from the liquidity provider. There is a possibility of a deal cancellation concerning the relevant transaction amount. In case of the detection, it will be considered as an inappropriate trade act that is deemed inappropriate by our judgment in the Terms of Use Article 12 (prohibited acts of users) of Section 10, and the account will be suspended. We will apply the Terms of Article 20 (with respect to the cancellation, returned goods, and refund). Furthermore, although it will not be measure up to that point, it may be difficult to place an order because it is judged to be a turnover rate at an extreme margin rate.

Prohibition of Latency trading (Latency arbitrage)

Latency trading (latency arbitrage) is characterized by the fact that settlement is repeated in an abnormally short time slot, and as a result, it has been found that a large number of transactions occur, which greatly affects the transactions of other traders. We prohibit transactions that fall under latency trading (latency arbitrage). If applicable transactions are discovered or we have concluded, we will invalidate all applicable transactions, refund the principal you deposited (if withdrawals have already been made, only the balance after withdrawals) and then delete the account. Also, deleted accounts will be permanently unrecovered. Even if you create a new account, all transactions will be invalidated as soon as it is discovered regardless of the content of the trade, and the principal deposited by the customer (if withdrawals have already been made, only the balance after withdrawals), after that, we will delete the account.

Other important rules

The user cannot interfere with the service. You agree not to interfere with the service or businesses related to GEMFOREX. You agree that you will not give a significantly high load on the system. You agree not to execute transactions that are malicious, targeting the blind spot of the services and systems provided. We prohibit malicious trading using the blind spot of bonuses and Negative Balance Protection system. We also prohibit the trade aimed only at the time of or during the United States employment statistics announcement of economic indicators. Although we allow Double-decker trading within one account, but we prohibit the trading that is a violation to the Guidelines and Terms and Conditions. Please contact us in advance if there is a possibility of continuous trading with a total number of 10 Lot or more for a round-trip in a short period of time (about the interval of 5 minutes). If you do not contact us in advance, there is a possibility that the liquidity provider might suspend your trades. These are applied to the intentionally and negligently. If identified, the relevant transactions will be deal cancelled and trades deemed inappropriate by our judgement in Article 12 (prohibited acts of users) of Section 10 of Terms and Conditions. We will consider it as an act and suspend your account, and we will apply Article 20 (with respect to the cancellation, return of the product, and refund) of Terms and Conditions. You agree to report promptly to the Company if you notice a blind spot of services and systems provided. You are responsible for the confidentiality of your password and ID, and you are responsible for all actions taken using your password and ID. In addition to the guidelines, GEMFOREX contains rules that you should follow when using it in appropriate places, please comply. If you have any questions about the terms of use guidelines, please contact us before applying to open an account. When using GEMFOREX, the user must comply with the relevant laws, government ordinances, ministerial ordinances, rules, and instructions.

Transfer of rights and prohibition of commercial use

The user shall not transfer or lend the rights and obligations acquired in accordance with the provisions of this guideline and the GEMFOREX ID to a third party. In addition, the user shall not use it for commercial purposes without permission of GEMFOREX beyond the range of use and usage specified in the GEMFOREX guidelines.

Other User’s information

The user agrees not to use the personal information of other users’ who are using GEMFOREX except for the purpose of using it for GEMFOREX. In addition, it is prohibited to collect personal information of other users’ using GEMFOREX. Here the name and email address, personal information refers to all data, sentences, photographs, drawings, pictures, sounds, etc. posted and transmitted by the user in connection with GEM-TRADE.

Matters to keep in mind when trading and GEMFOREX disclaimer

GEMFOREX is not involved in the actual trading. The financial products handled by GEMFOREX is Forex, and foreign exchange trading carries a high level of risk that may not be suitable for all investors. Leverage creates additional risk and potential for loss. 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 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. GEMFOREX is not responsible for your trading. It is done at your own discretion and responsibility.

Concept of User Information and Privacy Policy

GEMFOREX will comply with the Terms and Agreement and Privacy Policy separately set by GEMFOREX.

GEMFOREX deletion right

GEMFOREX does not examine the content before it is available but reserves the right to make its own decision to reject, edit, move, or delete the content. In addition, GEMFOREX determines that an act that violates the matters stipulated in the Terms and Conditions (including guidelines) and the purpose of the Terms and Conditions has been performed, or if it determines that it infringes or intends to infringe the rights of other users’, the right to delete the corresponding ID or content immediately without notifying the user shall be reserved. Furthermore, GEMFOREX reserves the right to delete the ID of a user who has not been used for a certain period.

Disclaimer Stipulation of Guarantee

The user agrees to the following matters.

  1. The user will use GEMFOREX at their own risk. GEMFOREX does not guarantee that GEMFOREX will operate properly. In addition, GEMFOREX does not guarantee the suitability for a specific purpose or the non-infringement of the rights of third parties.

GEMFOREX does not guarantee with respect to the following items.

  1. GEMFOREX meets the user's requirements.
  2. The contents of GEMFOREX, the system, programs, etc. are safe, and no errors or problems occur.
  3. The results obtained from using GEMFOREX are accurate.
  4. Content, products, services, and other data obtained through GEMFOREX match user expectations.
  5. All errors and bugs on the GEMFOREX website should be fixed.
  6. The information and advice provided by GEMFOREX regarding the use of GEMFOREX is accurate. In addition, GEMFOREX may suspend without prior notice to the user if GEMFOREX determines that it is necessary, such as system maintenance.

Others Downloading or obtaining data using GEMFOREX is at user’s own discretion and responsibility. Only the user is responsible for any damage to the computer system or data loss resulting from the download or acquisition of data. GEMFOREX's advice or information provided by the user through or from GEMFOREX does not warrant the user.

Limitation of Responsibility

In light of the nature of GEMFOREX, technical constraints on the Internet and computers, technical constraints on infrastructure such as communication lines, etc., (even if it is pointed out the possibility of damage occurring in GEMFOREX) , the user shall understand and consent that GEMFOREX will not be liable for any damages resulting from the following.

  1. GEMFOREX is available or unavailable.
  2. The cost of acquiring substitutes and services that result from the content, data, messages received, and transactions performed through or from GEMFOREX.
  3. Unauthorized access or modification of user transmission or data.
  4. Third party comments or actions regarding GEMFOREX.
  5. Any other damages resulting from anything related to GEMFOREX.
The disclaimer stipulated of GEMFOREX in this guideline shall not apply if it is caused by GEMFOREX's gross negligence or intention regarding the cause that directly causes the damage.

Relationship with GEMFOREX Terms and Conditions

The terms and conditions set forth by GEMFOREX also apply to the parts related to the use of GEMFOREX. However, in the event of a conflict between this guideline and the GEMFOREX Terms of Conditions, this guideline will prevail.

Absence of contractual relationship

There are no contractual relationships between GEMFOREX and users, such as partnerships, joint ventures, franchises, agencies, or outsourcing.

Announcement

Notifications to users will be made via e-mail or each user's My Page. In addition, in general, announcements regarding Gemtrade, changes to the terms and conditions, etc. are made by displaying a link to that instruction in GEMFOREX.

Right to change guidelines

When GEMFOREX judged that it is necessary, we may change this guideline at any time. However, users shall be notified in advance of any changes to important elements of the guidelines.

Governing Law and Jurisdiction

The terms of use or guidelines and the relationship between the user and GEMFOREX shall be construed in accordance with the laws of the country in which the Company operates and shall not be considering the laws of the country of residence of the user. The user consent that if a dispute arises between the Company and the user, the user will discuss with each other and aim for a peaceful resolution, but if it is determined that it is difficult to resolve, the court of the country in which the Company operates will respond to the amount of the complaint.

Waiver of Right

If GEMFOREX does not exercise or enforce the rights set forth in the Terms and Conditions or Guidelines, it does not waive those rights. In addition, if any part of the Terms and Conditions or Guidelines are invalidated, other provisions of the Terms and Conditions will remain in valid.