Terms & Conditions

SCOPE AND PURPOSE

These general terms and conditions shall apply to the user’s (“User”) creation and use of a user profile for the Service (as defined below) provided and owned by Commoditrader ApS, Corporate registration no. 39467275 (“Commoditrader”)

 

Commoditrader’s corporate name, address and general contact information are:

 

Commoditrader ApS

Orient plads 1

2150 Nordhavn

Corporate registration no.: 39467275

 

Tlf.: + 45 27386843

E-mail: info@commoditrader.com

 

These general terms and conditions (“the Agreement”) is a binding legal document between the User and Commoditrader. The User must accept these general terms and conditions before creation of a user profile, unless otherwise explicitly agreed in writing, between the User and Commoditrader.

 

BACKGROUND

Commoditrader intends to make a platform available to the User, from which the User can trade agricultural commodities directly with other Users through the platform (peer to peer).

The User is an enterprise, who desires to sell agricultural commodities through advertisement on the platform, and/or wants to buy agricultural commodities from other Users.

 

The User is only entitled to use the Services for business purposes, and do not act under this Agreement as a consumer.

 

SERVICE

Commoditrader’s service is a web app that will make a platform available for the User and facilitate online trades with agricultural commodities directly between the seller and the potential buyers (“the Service”). The Service is a peer to peer service, and Commoditrader is through the Service acting as an intermediary only.

 

The Service is provided from the website www.commoditrader.com (“Website”). Commoditrader shall use commercial reasonable efforts to make the Service available at all time.

 

CREATION OF A USER PROFILE

The User profile can be created through Commoditrader’s Website by entering information, such as name, address, e-mail, phone number and information about company registration and tonnage turnover, and by creating a user name and password.

The User accepts the creation of a user profile and this Agreement, when pressing the button “Create User Profile”.

Commoditrader’s general terms and conditions as applicable from time to time is always available in the application and on the Website. The general terms and conditions are available in English.

Creation of a user profile is free of charge.

The user profile is personal and may only be used by the User.

 

THE USER’S DELETION OF THE USER PROFILE

The User is entitled to delete his/her user profile. Deletion requests can be made to info@commoditrader.com. The profile will be deleted, within 3 working days.

 

USING THE SERVICES

Buyer listing

To buy agricultural commodities from other users, the User can create a buyer listing (the “Buying User”).

Once having filed a buyer listing the Buying User will receive offers to sell agricultural commodities from other users (the “Selling User”).

The Buying User’s request is an invitation to make offers. Therefore, the request is not binding for the Buying User, until the Buying User accepts an offer from a Selling User.

Offer to Sell

To sell agricultural commodities through the Service, the User can create a sales listing (the “Selling User”).

Once having filed a sales listing the selling User will receive offers to buy agricultural commodities from other users (the “Buying User”).

The Selling User’s request is an invitation to make offers. Therefore, the request is not binding for the Selling User, until the Selling User accepts an offer from a Buying User.

Both the Buying User and the Selling User will receive confirmation/contract through the Service, when an offer is accepted.

The Buying User shall pay the Selling User directly, as per the contract between the two parties, depending on payment terms.

Commoditrader does not warrant or represent that any offers to sell or buy agricultural commodities will be made to the User.

 

Bids

logistics

user ratings

credit ratings

 

USER’S OBLIGATIONS AND REPRESENTATIVES

When using the Service, the User shall be liable in accordance with general applicable law.

The User is not entitled to disclose the password to third parties and no other than the User may get access to the User’s account. Suspicion of exploitation shall immediately be reported to Commoditrader and the password must be changed.

The information given through the Service must be correct and the User is responsible for providing such information as required under applicable law. Commoditrader shall undertake no liability for the information given by Users through the Service, but Commoditrader will hold a copy of all information exchanged and any agreements entered into between the Buying User and the Selling User.

The User warrants and represents that the User is entitled to sell the agricultural commodity offered through the platform.

Any offer to sell, or accept of an offer to sell, is binding on the User in accordance with applicable law.

 

COMMODITRADERS DELETION OF USER PROFILE

Commoditrader is entitled to suspend or delete a user profile, if the user profile, at Commoditrader’s reasonable discretion, is used for illegal purposes, activities which are detrimental to Commoditrader, activities which are morally or ethically offensive, other activities which are offending or insulting, or if the profile in any other way is used in a way, that in Commoditrader’s opinion is harmful to their business, including competing business to Commoditrader. The User is in this respect subject to liability in accordance with Danish law.

 

If Commoditrader deletes a user profile, Commoditrader will cancel the User’s listings and bids, if Commoditrader finds it necessary.

 

PERSONAL DATA

Commoditrader collects and processes personal data about the User. The processing of personal data is carried out in accordance with Commoditrader’s privacy policy below.

 

 

INTELLECTUAL PROPERTY RIGHTS

The User recognizes that Commoditrader holds all copyrights and any other intellectual property or industry rights in and to the Service, including but not limited to the code to the software. This also applies to any changes, adjustments etc. to the Service. The User shall respect Commoditrader’s rights and shall be responsible for any breach of such rights, including unauthorized passing-on of the Service to a third party.

The User shall not reverse engineer, disassemble or decompile the Service, except where and only to the extent that such operations are permitted according to the applicable mandatory, statutory legislation and the User shall comply with that legislation in all respects.

The User shall not be entitled to sell, lease, lend, permit the use of or in any other way assign or pass on the right of use of the Service to any third party, unless set out otherwise in this Agreement.

The User shall not break or change any codes. Nor shall the User change or remove any marks and/or notices concerning copyright, trademarks or other rights, or references hereto stated in the Service or on the medium upon which the Service may have been delivered.

In the event that the User uses the Service contrary to the terms of this Agreement, Commoditrader may terminate the Agreement for material breach immediately and without notice.

 

LIMITATION OF LIABILITY

Commoditrader will strive to deliver a flawless Service to the User.

 

Commoditrader shall not be liable for content and statements expressed by the users, including, but is not limited to listings and bids.

 

All offers, statements and information given shall be at the User’s own risk and account.

 

Commoditrader is not a party to the agreements made between the users and will accordingly not be liable for the performance of such, including correct payment.

 

Commoditrader shall not be liable for any defects or downtime in the Service and shall renounce any liability for the User’s economic loss, caused by defects or delay in the Service delivered by Commoditrader.

 

The Service may display, include or make available content, information or material from a third-party or provide links to third-party websites. Commoditrader is not responsible for the content, accuracy, quality etc. of such third-party material, and assumes no liability hereof.

 

The Service may facilitate access to logistics providers to execute the pickup and delivery of the traded commodities. Commoditrader is not responsible for any price indications, delivery terms or execution management facilitated through the Service. Any logistics prices displayed through the Service are estimates and the final logistics price and delivery terms shall be negotiated directly between the logistics provider and the User. 

 

FORCE MAJEURE

Commoditrader is not liable, if circumstances occur that obstruct or delays Commoditrader’s performance of the Service. These circumstances could be: war, mobilization, rebellion and riots, terror, natural disaster, strike, lockouts, virus, hacking, public injunction, or other circumstances of which Commoditrader has no control.

 

FEE AND PAYMENT

Use of the Services is free of charge.

 

Any payments between the User and a third-party e.g. a logistics provider, shall be of no concern to Commoditrader

 

TAX

The User’s payment of taxes, VAT or other public charges is of no concern of Commoditrader, and Commoditrader shall in no event be liable for the fiscal situation of a User.

 

CHANGE OF GENERAL TERMS AND CONDITIONS

Commoditrader shall at any time be entitled to change Commoditrader’s general terms and conditions, with effect for the future.

 

Changed terms and conditions must be accepted, before the User can continue to use his/her profile and the Service.

 

If the User shall not accept the changed terms and conditions, or if the User withdraws his/her consent to data processing, the Services cannot work properly, and Commoditrader will be entitled and forced to delete the User’s profile.

 

GOVERNING LAW

This general terms and conditions are governed by and construed in accordance with Danish law.

 

Any dispute or contractual relationship between the Users is subject to the international rules on applicable law.

 

Privacy Policy

Your privacy is very important to us! We will take great care to keep the trust you deserve when processing your personal data. Please find below our privacy policy in relation to your personal data.

 

DATA CONTROLLER

Commoditrader ApS, company registration no. 39467275, Birkegade 26, st., 1052 Copenhagen, e-mail: info@commoditrader.com

 

PERSONAL DATA

Only non-sensitive information is processed, such as name, e-mail address, phone number, birthday, company address, IP-address, VAT number, company registration number, tonnage turnover etc., as well as other publicly available information.  No sensitive information such as information on health, racial or ethnic origin will be processed.

 

PURPOSE OF PROCESSING

The purpose of the processing is to facilitate online trades of grain and animal feed materials between manufacturers, producers and potential buyers and sellers, through the platform. This includes making information available to users of the platform to facilitate easier contact between you and other users and for you to be able to create a trade request, receiving and creating offers, accepting an offer and paying for agreed goods. The information will furthermore be used to market your trade inquiry / posting in the market through social media and similar sources.

 

The purpose of the processing may also include processing of your personal data, to secure our legitim interest. This may include the gathering of usage data, user statistics, and price analysis Individual trades and contracts will not be shared with external sources) etc. on the application and our website trough different technologies including cookies.

 

Based on your consent, we may also send you e-mails with commercial content.

 

PROCESSING ACTIVITIES

Collection, recording, structuring, storage, use, disclosure to other users of the platform, e-mail marketing, statistics, profiling, erasure and deletion.

 

BASIS FOR PROCESSING

The processing activities necessary for you to use the platform is based on either the necessity of such processing for the performance of the contract to which you are subject cf. art. 6(1)(b) of the General Data Protection Regulation or a balancing of the involved parties’ legitimate interests, cf. art. 6(1)(f) of the General Data Protection Regulation.

 

You will only receive e-mails with commercial content based on your consent, cf. art. 6(1)(a) of the General Data Protection Regulation and section 10 of the Danish Marketing Practices Act.

 

The remaining processing activities is based on a balancing of the involved parties’ legitimate interests, cf. art. 6(1)(f) of the General Data Protection Regulation.

 

RECIPIENTS OF THE PERSONAL DATA

The purpose of our services is to establish contact between buyers and sellers of agricukltural commodities. The Users of our Service will therefore from time to time get access to your personal information for purpose of contacting you regarding a listing.

 

Further we use data processors to assist us in processing the information under our supervision, including hosting providers such as Amazon Web Services EMEA SARL and other third-party service providers. Furthermore, our IT partner Abtion A/S will have access to the data lying within the platform.

 

PROCESSING OUTSIDE OF THE EU/EEA

We may use service providers and have partners outside of the EU/EEA. Thus, the processed information will be transferred and processed outside of the EU/EEA. However, we take great care to ensure that this is only done, if the appropriate safeguards are in place. This includes processing pursuant to the “Privacy Shield” privacy rules in the USA and through the use of contractual clauses approved by the European Commission. Please refer to the European Commission’s webpage.

 

ORIGIN OF THE DATA

The personal data, which has not been received directly from you, is all sourced from publicly available sourced, e.g. contact pages and searches performed using search engines.

 

STORAGE OF THE PERSONAL DATA

The personal information is stored as long as it is relevant for the purpose of the platform, or until you withdraw your consent for such personal data processed on the basis hereof. We will regularly evaluate that the processing is still valid and correct and that the purpose of the processing or the processing itself has not changed.

 

YOUR RIGHTS

It is your personal data. Consequently, you have a number of rights.

 

You can – unconditionally – withdraw any consent given at any time by sending an e-mail to us (see e-mail above). Withdrawal of your consent will not have any negative impact; however, you may no longer receive e-mails from us. Withdrawal of your consent will affect the lawfulness of processing based on consent before its withdrawal. Further, it will not affect any processing performed on any other – lawful – basis.

 

You can object to the processing on grounds relating to balancing of the involved parties’ legitimate interests, cf. art. 6(1)(f) of the General Data Protection Regulation. This can be done at any time by sending an e-mail to us (see e-mail above). In such case we shall not process your personal data for the future, unless we are able to demonstrate legitimate grounds for such processing.

 

Your rights also include the following:

You can obtain insight into what personal data we are processing about yourself.

You can ask us to correct or delete your personal data as well as object to or limit our processing.

You can ask us to provide you with your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller.

You can file a complaint with the Danish Data Protection Agency (Datatilsynet).

 

For more information, please see:

www.datatilsynet.dk.

 

If you wish to exercise your rights, please send an e-mail to our e-mail stated above.

 

Thank you again for your trust – we will do our part to honor it!