This website can be accessed worldwide, however, the information on the website is related to Gemini Capital Group and not specific to any entity of Gemini Capital L.L.C. All clients will directly engage with Gemini Capital Group and all client agreements will be entered into with Gemini Capital L.L.C. and thus governed by US law.
Any facts, assessment, analysis, forecasts, opinions and other information (collectively “Information”) released by:
Whether provided on the Gemini Capital L.L.C.’s websites, on third-party websites, in marketing materials, newsletters, in individual e-mails and letters, in lectures, individual conversations or in any other form of written or verbal communication (collectively “Publications”) are provided for informational and/or marketing purposes only.
The Gemini Capital Group should be construed as an offer (or solicitation of an offer) to:
(collectively “Offers”).
Notwithstanding anything to the contrary (not even if specifically stated), no Publication of the Gemini Capital Group should be construed as an Offer in any jurisdiction in which such Offer would be illegal. Any such perceived Offer will not be honoured by Gemini Capital L.L.C.
No Representation, No Warranty
The Gemini Capital Group uses reasonable efforts to obtain information from reliable sources, but all Publications are provided on an “as is” basis without representation or warranty of any kind (neither express nor implied) and the Gemini Capital Group disclaims liability for any Publication not being complete, accurate, suitable and relevant for the recipient. Specifically, the Gemini Capital Group disclaims liability towards any subscriber, client, partner, supplier, counterparty and other recipients for:
The Publications of the Gemini Capital Group are not updated after their release and may due to changing circumstances become inaccurate and possibly misleading after a period of time which may vary from seconds and minutes to days, weeks and months depending on the Information. The Gemini Capital Group gives no guarantee against and assumes no liability towards any recipient for, a Publication being outdated.
If a Publication becomes outdated the Gemini Capital Group shall be under no obligation to;
Any Publication may be personal to the author and may not reflect the opinion of the Gemini Capital Group. The Gemini Capital Group reserves the right at its sole discretion to withdraw or amend any Publication or Information provided at any time without notice (prior or subsequent).
No recommendations
The Gemini Capital Group does not in any of its Publications take into account any particular recipient’s investment objectives, special investment goals, financial situation, and specific needs and demands. Therefore, all Publications of the Gemini Capital Group are, unless otherwise specifically stated, intended for informational and/or marketing purposes only and should not be construed as:
(collectively “Recommendations”).
The Gemini Capital Group shall not be responsible for any loss arising from any investment based on a perceived Recommendation.
Notwithstanding anything to the contrary (not even if specifically stated), no Publication (including possible Recommendations) shall be construed as a representation or warranty (neither express nor implied) that the recipient will profit from trading in accordance with a trading strategy set forth in a Publication or that the recipient will not sustain losses from trading in accordance with a trading strategy set forth in a Publication.
The Gemini Capital Group shall only be liable (in accordance with the “Limitation of Liability” section below) if a possible Recommendation is not of a good professional standard.
Risk Warning
Trading in the products and services of the Gemini Capital Group may even if made in accordance with a Recommendation, result in losses as well as profits. In particular trading in leveraged products, such as but not limited to, foreign exchange, derivatives, and commodities can be very speculative and losses and profits may fluctuate both violently and rapidly.
Speculative trading is not suitable for all investors.
Any mentioning, if any, in a Publication of the risks pertaining to a particular product or service may not and should neither be construed as a comprehensive disclosure nor full description of all risks pertaining to such product or service and the Gemini Capital Group strongly encourages any recipient considering trading in its products and services to employ and continuously consult suitable financial advisors prior to the conclusion of any investment or transaction.
Local regulatory restrictions
The Gemini Capital Group’s Publications may be accessed worldwide. The Information provided in such Publications is however only intended for use by recipients located in countries where such use does not constitute a violation of applicable legislation or regulations. None of the products and services referred to in the Publications of the Gemini Capital Group is available to recipients residing in countries where the provision of such products and services would constitute a violation of mandatory applicable legislation or regulations.
It is the sole responsibility of any recipient employing or requesting a product or service of the Gemini Capital Group to comply with all applicable legislation or regulation.
Use of the website
Any use of the Gemini Capital Group’s websites is subject to Gemini Capital Group’s “Terms of Use”, as amended from time to time, and the “Copyright” provisions, as amended from time to time, both of which shall be construed as constituting an integrated part of this disclaimer.
The Gemini Capital Group shall not be liable for any damage or injury arising out of any person’s or entity’s access to, or inability to access, any website of the Gemini Capital Group. This limitation includes, but is not limited to, any damage to computer equipment and computer systems caused by virus, malware and any other harmful computer coding.
Consulting a website of the Gemini Capital Group does not constitute a customer relationship and the Gemini Capital Group shall not have any duty or incur any liability or responsibility towards any person or entity as a result of such person or entity consulting a website of the Gemini Capital Group.
Any market data displayed on this Trading Platform may only be used for your own internal business purposes and only in connection with this specific service. Distribution of any market data to anyone else is prohibited.
All recipients are advised to carefully examine the original English text before acting upon a translation thereof. Any user who does not fully understand the original English text is strongly encouraged to contact Gemini Capital L.L.C. by e-mail at info@gemcapllc.com or through telephone using the number found on this website.
The Gemini Capital Group shall not be bound by, or liable to any recipient for an incomplete or inaccurate translation into any other languages.
Client relationship
When applying for an account with any entity within the Gemini Capital Group, each applicant will be subject to the relevant set of business terms. All applicants and clients are deemed to have read and understood the business terms and related policies applicable to them and their relationship with the relevant entity of the Gemini Capital Group.
Consulting a website or receiving a Publication of the Gemini Capital Group does not constitute a customer relationship and the Gemini Capital Group shall not have any duty or incur any liability or responsibility towards any person or entity as a result thereof.
Third-party services
Persons or entities not belonging to the Gemini Capital Group may advertise on the Gemini Capital Group’s websites, through links, banners or otherwise. The Gemini Capital Group shall not be held responsible or liable for the offerings, information or acts of any such third party. If a user of the Gemini Capital Group’s websites decides to act upon any such advertising, such user does so entirely at its own risk.
Limitation of Liability
If the Gemini Capital Group at any time and for any reason, should become liable for the loss of any person and/or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Gemini Capital Group shall be limited to such person’s and/or entity’s duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.
Conflict of interest
In order to prevent conflicts of interest, the Gemini Capital Group has established appropriate business procedures, including procedures applicable to research and analysis to ensure objective research reports. Gemini Capital Group Group’s research reports are never disclosed to nor discussed with any of the subjects of the analysis, e.g. issuers of securities or others.
The Gemini Capital Group may hold, take, transfer or alienate positions in securities, foreign exchange or other financial instruments covered by research reports.
The Gemini Capital Group may act as market maker in all products and services not traded on an exchange (i.e. OTC products such as foreign exchange and CFDs) and may therefore be the counterparty in any trade conducted by customers in these products.
The Gemini Capital Group does not engage in corporate finance activities. Accordingly, none of the Gemini Capital Group’s directors, officers, employees or representatives, namely people in charge of analysis reports, receives remuneration in connection with the release of any analysis.
Privacy and Use of Personal Data
When signing up for an account with any entity of the Gemini Capital Group, this entity will, for administrative, commercial and/or legal purposes, require and store information about the user, including, but not limited to, name and address. Furthermore, the Gemini Capital Group may require some financial information for credit assessment purposes, as well as users’ e-mail address to be able to mail the login information. Users’ e-mail addresses will not be passed on to third parties but may be used by any entity of the Gemini Capital Group for the promotion of its products and services. Any user who does not wish to receive such marketing material can unsubscribe in writing.
The Gemini Capital Group is obliged by law to treat personal data as confidential and may not pass on or use any personal data without valid legal grounds.
All personal data benefits from this full protection and will only be disclosed to third parties such as administrative or judicial authorities if the Gemini Capital Group is compelled to do so pursuant to the applicable law, or if the registered has given its written consent to such disclosure. The registered may revoke such consent or modify its extent at any time.
Without prejudice to the above, the Gemini Capital Group can disclose the following information:
General customer data, such as name, address and personal registration number, to companies carrying out administrative tasks for the Gemini Capital Group.
General customer data about corporate customers to financial institutions subject to professional secrecy, for the purpose of marketing and advisory services.
In accordance with the provisions of the US Act on Processing of Personal Data, any Gemini Capital Group customer has a right to be informed about the data that the Gemini Capital Group holds about him/her/it. The Gemini Capital Group may charge a fee for providing such information in writing to the registered, according to rates fixed by the US Justice Dept.
If the data held about a registered of the Gemini Capital Group proves inaccurate or outdated, the Gemini Capital Group will correct the registered data immediately upon the request of the registered. The registered may also choose to modify its data on its own initiative by contacting the Gemini Capital Group directly. Questions and concerns can be directed to the Gemini Capital Group by visiting our contact us page.
Supervision
The Gemini Capital Group is under the supervision of the Financial Industry Regulatory Authority of the US and is subject to the US Executive Order on Good Business Practice for Financial Undertakings.
Disputes
This disclaimer and any dispute arising from or in relation thereto, including disputes regarding its legality, validity, binding effect (including adoption) and enforceability, shall be settled in accordance with and subject exclusively to the laws of the United States. However, the Gemini Capital Group reserves the right to start legal proceedings wherever it deems fit, namely, but not exclusively, in places where the defendant possesses assets.
Trade responsibility
Losses can exceed deposits on margin products. Please ensure you understand the risks.
This website can be accessed worldwide, however, the information on the website is related to Gemini Capital Group and is not specific to any entity of Gemini Capital Group. All clients will directly engage with Gemini Capital Group and all client agreements will be entered into with Gemini Capital L.L.C. and thus governed by American Law.
Last updated June 15, 2017.
