Terms & 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

    Allindemaglevej 60

    4100 Ringsted

    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 profile can be created through Commoditrader’s Website by entering information, such as company 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.

    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 is registered with the Danish Financial Supervisory Authority (in Danish “Finanstilsynet”) as an ancillary insurance intermediary. This can be controlled by the Users via the Danish Financial Supervisory Authority’s electronic database, which contains a record of companies registered as ancillary insurance intermediaries in Denmark.

     

    Commoditrader will through the Website facilitate an offer on credit insurance from Credable, a brand of Euler Hermes, Cour-bevoyer, France,[INSERT] an insurance company who can insure the purchase of agricultural commodities through the Service (“Credable”).

     

    As an ancillary insurance intermediary Commoditrader receives from Credable a share of the revenue generated for each credit insurance sold through Commoditrader’s website.

     

    Commoditrader is not a party to agreements between the User and Credable, 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 Credable, or payment hereof.

     

    Commoditrader does not provide any consultancy regarding the credit insurance.

     

    General information regarding the credit insurance is available here.

    Claims regarding Commoditrader in their capacity of ancillary insurance intermediary shall be directed to Commoditrader by using the following e-mail address: support@comoditrader.com. Any other claims regarding the credit insurance shall be directed to Credable by using the following e-mail address: Support@credable.com.

     

    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.

    In no event shall Commoditrader’s liability arising out of or related to this Agreement exceed the Subscription Fees paid for the Service for the 12 month period preceeding the event(s) having given rise to the claim.

    The User shall indemnify, defend and hold Commoditrader harmless from any claim, action, suit or proceeding made or brought against Commoditrader arising out of or related to the User’s breach of any term of this Agreement.

     

    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.

     

 

Privacy Policy

 

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

Commoditrader ApS, company registration no. 39467275, Kanonbådsvej 2, 1437 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, V A T number , com- pany 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 in- cludes making information available to users of the platform to facilitate easier contact between you and other users and for you to be able to cre- ate a trade request, receiving and creating offers, accepting an offer and paying for agreed goods. The information will furthermore be used to mar- ket 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 le- gitim 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 includ- ing 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 dele- tion.

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 con- tract to which you are subject cf. art. 6(1)(b) of the General Data Protection Regulation or a bal- ancing of the involved parties’ legitimate inter- ests, cf. art. 6(1)(f) of the General Data Protec- tion 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 sec- tion 10 of the Danish Marketing Practices Act.

The remaining processing activities is based on a balancing of the involved parties’ legitimate in- terests, cf. art. 6(1)(f) of the General Data Pro- tection Regulation.

Recipients of the personal data

The purpose of our services is to establish contact between buyers and sellers of agricukltural com- modities. The Users of our Service will therefore from time to time get access to your personal

information for purpose of contacting you regard- ing a listing.

Further we use data processors to assist us in pro- cessing the information under our supervision, in- cluding hosting providers such as Amazon Web Ser- vices EMEA SARL and other third-party service pro- viders. Furthermore, our IT partner Abtion A/S will have access to the data lying within the plat- form.

Processing outside of the EU/EEA

We may use service providers and have partners outside of the EU/EEA. Thus, the processed infor- mation 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 re- fer 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 cor- rect 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 relat- ing to balancing of the involved parties’ legitimate interests, cf. art. 6(1)(f) of the General Data Pro- tection 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 per- sonal data as well as object to or limit our processing.
  • You can ask us to provide you with your per- sonal 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.

 

Cookie Policy

 

This is the Cookie Policy for Commoditrader, accessible from market.commoditrader.com

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

  • Account related cookiesIf you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
  • Login related cookiesWe use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
  • Email newsletters related cookiesThis site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
  • Site preferences cookiesIn order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.For more information on Google Analytics cookies, see the official Google Analytics page.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. If you are still looking for more information then you can contact us on email: info@commoditrader.com

 

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

 

March 2019