Terms & Conditions

 

 

GENERAL TERMS AND CONDITIONS

 

 

 

  1. 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, 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.

 

  1. 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 listings 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 or for other non-business purposes. 

 

  1. 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.market.commoditrader.com (“Website”). Commoditrader shall use commercial reasonable efforts to make the Service available at all time.

 

  1. CREATION OF A USER PROFILE

 

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.

  1. 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.

 

  1. 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 may receive bids to sell agricultural commodities from other users through the Service (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 a bid from a Selling User.

Seller listing

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 may receive bids to buy agricultural commodities from other users through the Service (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 a bid from a Buying User.

Both the Buying User and the Selling User will receive confirmation through the Service, when a bid 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 bids to sell or buy agricultural commodities will be made to the User.

 

  1. LOGISTICS AND TRANSPORT

 

Commoditrader will through the Website facilitate contact to an independent logistics provider who can execute the pickup and delivery of the commodities traded through the Service.

Commoditrader is not a party to any agreements between the User and the logistics provider, and whether the User chooses to use the logistics provider or not, Commoditrader shall have no liability for the transport and delivery of the agricultural commodities, or the agreement hereof between the User and the logistics provider.

 

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.

 

  1. INSURANCE

 

Commoditrader will through the Website facilitate an offer on credit insurance from an insurance company who can insure the purchase of agricultural commodities through the Service.

Commoditrader is not a party to agreements between the User and the insurance company, and irrespective of whether the User chooses to accept the insurance offer or not, Commoditrader is not liable for the services in connection to the insurance of the agricultural commodities. Commoditrader shall not be responsible for the forwarding of any payment to the insurance company, or payment hereof.

 

  1. CREDIT RATING

 

By using the Service, the User accepts that a credit rating of the User can be made by a third party in accordance with applicable law. The credit rating is based on the User’s registered company number. The User also accepts that the credit rating is made available to other Users on the Website or through the Service.

Commoditrader shall not be liable for the content, accuracy, quality etc. of the credit rating, and assumes no liability hereof.

 

  1. USER RATING

 

By using the Service, the User accepts that other Users may carry out a user rating of the User based on their experience with the User as a trading partner.

The user rating will be made available to other Users of the Service and is deleted solely at Commoditrader’s discretion.

 

  1. 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.

 

  1. 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.

 

  1. PERSONAL DATA

 

The User accepts that Commoditrader collects and processes personal data about the User. The processing of personal data is carried out in accordance with Commoditrader’s privacy policy available on the Website.

 

This includes that the User’s data as registered in the Service, including the User’s registered personal data (e-mail, address etc.), will be made available to other Users to improve the facilitation of trades through the Service.

 

  1. 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.

 

  1. 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.

 

In no event shall Commoditrader have any liability for any indirect, incidental, special, or consequential damages, however caused and on any theory of liability, whether for breach of contract, tort (including negligence) or otherwise, arising out of or related to this Agreement, including but not limited to loss of anticipated profits or loss or interruption of use of any files, data or equipment, even if advised of the possibility of such damages.

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.

 

  1. 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.

 

  1. FEE AND PAYMENT

 

The User’s permitted use of the Service may be subject to payment of a fee per User per month (“Subscription Fee”).

The Subscription Fee will be quoted on the Website from time to time, and before entering into this Agreement. All prices are exclusive of VAT.

Withholding taxes, costs relating hereto and other taxes imposed on payments to Commoditrader under this Agreement (if any) shall be of no concern for Commoditrader and the User shall pay such taxes and indemnify Commoditrader for any such payments.

Payment of Subscription Fee shall be done monthly in advance through the Website by using a payment card.

If the User fails to pay the Subscription Fee prior to the beginning of a new month, Commoditrader is entitled to suspend a user profile until correct payment has been made.

In case of termination of the Agreement (for any reason), Commoditrader shall not be obligated to repay any part of the Subscription Fee (or any other charges pursuant to the Agreement) paid.

The Subscription Fee (and any other charges pursuant to the Agreement) shall be adjusted on a yearly basis with effect from each 1 January by the percentage change in the net price index published by Statistics Denmark. If such index ceases to be published, adjustments shall be made on the basis of a corresponding index.

 

  1. SECURE MONEY TRANSFER

 

Commoditrader’s payment system uses the payment gateway Stripe. Data communication during a transaction, including User data, order data and payment data, will be strictly encrypted, which ensures that no third party shall be able to access or review any of the exchanged data.

 

Stripe is PCI certified and cooperates only with banks, which are certified and supervised by the Danish Supervisory Authority.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

 

March 2019