If you are using our Services, you are contracting with Your Commodity Ltd. (“we”, “us”, “our ____”). We provide an online website and app which connects various commodity traders, primarily via Buy Orders and browsing our Directories (collectively, the “Services” or “Platform”). By using our website or applications, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you are a registered member of the Platform. These Terms govern your access to and use of our website, applications, services, and any other collective content; and form a binding legal agreement between Your Commodity Ltd. and yourself (and/or your company). If you do not agree to these terms, you do not have a right to continue using our Services. If you fail to use any of our Services in accordance with these Terms, you may be subject to civil and criminal penalties.
The website, applications, and services comprise an online platform through which a business may gain market insights, create a custom profile to be listed in our directory, members can post buy orders, bid on buy orders, and/or simply message one another. You understand and agree that [as of now] we are not a party to any agreements between buyers and sellers, nor are we an advisor, agent, insurer, or broker. Your Commodity Ltd. has no control over the conduct of its members and any other users of its Services; and disclaims any liability in this regard [to the maximum extent permitted by law].
You agree that:
- You will not reproduce, copy, download, re-publish, sell, resell, or otherwise distribute any of our Services or Content available on or through our Platform.
- And you will not reproduce, copy, download, compile, or otherwise use any of our Content for the purposes of operating a company which competes with Your Commodity Ltd.
Any retrieval of our Content without written permission from Your Commodity Ltd. is prohibited and the use of such Platform Materials for any purpose not permitted in our policies is not allowed. Failure to comply may be met with legal action from Your Commodity Ltd..
“[our / YourCommodity.com] Content or Data or Information or Materials” refers to the website, applications, and all other content displayed or made available through our Platforms, not including any Third Party Content.
“You” or “Your” or “User” refers to any person who accesses and/or uses our Platform in any way whatsoever; and this includes any entity or company with which you are affiliated. If you access our Platform on behalf of any other entity, you warrant that you may bind that entity and your acceptance of our Terms and Policies is thereby an acceptance by that entity and its members.
“Third Party Content or Material or Data” refers to any content displayed in or made available through our Platforms, which is submitted, provided, or obtained from any third parties (i.e. any Platform Content which does not fall under the Intellectual Property RIghts of YourCommodity.com)
“Collective Content” refers to both Members’ and Your Commodity Ltd. content.
“Suppliers (or “Sellers”)” are any members who seek to sell their commodities.
“Buyers” are any members who are looking to make a purchase.
The two former terms refer to our “Commodity Traders”, in general.
All such Commodity Traders are also “Members”, meaning that they have undergone our onboarding or registration process. Members may also be referred to as “Parties”, “Companies”, or “Entities”.
“Member Content / Data / Information” refers to anything that our Members submit onto our Platform.
“Request (or Post) for Offers / Quotations / Bids”, also known as a “Buy Order”, is a post in which a Buyer asks for Sellers to provide their best offers for the Product / Commodity which the Buyer seeks to purchase.
“Bids” refer to Sellers’ responses to a Request for Offers.
“Transaction” or “Deal” refers to any activity relating to the sale and/or purchase of any goods between two [or more] Members.
This Agreement shall be governed by the laws of the Dominion of Canada, without regard to conflicts of laws. All users agree that any dispute or controversy arising out of, relating to, or concerning the form, interpretation, performance, or breach of this Agreement, shall be settled by arbitration held in Canada.
By using our Platform, you agree to be held solely responsible for complying with any rules and/or laws which apply to your usage of our Services and Collective Content. You agree that you will not:
- Violate any regional regulation, law, or order of a court.
- Use any means to “crawl”, “scrape”, or “spider” any part of our Platform.
- Use any of YourCommodity.com’s Collective Content in a way which
- Violates the Privacy Rights of other Users or other Third Party
- Exposes our Material which is not already publicly displayed (e.g. on search results)
- Use the Platform for any monetary, commercial, or other purposes not outlined as permitted in these Terms of Service.
- Impair, remove, avoid, or otherwise bypass a technological measure executed by YourCommodity.com or any of our providers or third party partners.
- Copy, store, share, or otherwise use or access any Platform Information for purposes not outlined as permitted in these Terms of Service.
- Encroach upon the rights of any Users and their privacy, intellectual property, or contractual rights.
- Use our Platform in connexion with the distribution of “spam” or advertisements.
- Register for a YourCommodity.com Membership on behalf of an individual or company other than your own.
- Register for more than one Buyer and Seller Account.
- Impersonate a User or Company, falsify, or otherwise misrepresent your Identity and/or affiliation with any User or Company.
- Recruit or in any manner solicit any User to join third-party Platforms and/or Services which are competitive to YourCommodity.com, without our approval.
- Use automated messages and/or scripts in order to gather information from or interact with our Platform and Services in any manner.
- Post Content which
- encroaches upon, misappropriates, or otherwise violates a Third Party’s
- copyright, trademark, patent, or other intellectual property rights.
- privacy rights.
- Is misleading or fraudulent
- promotes illegal or otherwise harmful activities
- violates or encourages behaviour which may violate an applicable law or lead to civil liability
- encroaches upon, misappropriates, or otherwise violates a Third Party’s
- Use our Platform in order to find a Buyer/Seller, while seeking to avoid the obligation to pay any Fees related to the use of our Platform.
- Mirror, use, or otherwise display the Platform (or any element of / within it) without our permission.
- Somehow retrieve Data from our Platform to make or compile a collection or database.
- Encourage or assist any third party in doing any of the former points on this list.
Your Commodity Ltd. reserves the right to examine and prosecute violations of any of the above. We may access, store, and divulge any of your information if we are required to do so by law, or if we believe that it is reasonably necessary for us to:
- respond to claims asserted against us
- comply with a legal process
- enforce or administer our own agreements with users
- prevent fraud
- improve customer service
- execute risk assessments or investigations
- engage in product development or debugging
- protect the safety, rights, and/or property of Your Commodity Ltd. or any other individuals or entities
You acknowledge that we are not required to monitor your use of our Platform and Services or to review or edit any Member Content, but have the right to do so for the purpose of
- ensuring your compliance with these Terms
- operating and improving our Platform and Services
- responding to content that we find objectionable
- complying with applicable laws or an order of a court, administrative agency or other governmental authority
Your Commodity Ltd. reserves the right, without notice, to hide or remove any Collective Content that we consider objectionable or in violation of these Terms of Service.
Members are any individuals and/or businesses which have obtained an account on our Platform. As a Member, you guarantee that all the information you have submitted is true and accurate, and that you will keep all submitted information up-to-date.
As a Member, you warrant that:
- all the information that you submit is true, accurate, and lawful.
- any information you submit does not violate or infringe trademarks, patents, or any other proprietary rights of others.
- you have a right to buy or sell commodities (you may be deemed to be fraudulent if you make a Request for Bids or Bid which you are not in fact willing or able to fulfill).
Your Commodity Ltd. reserves the right to remove, modify or reject any Content that you submit on our Platform which we believe could subject us or our affiliates to liability, violates Terms of Service, is unlawful, or is otherwise deemed to be inappropriate.
EXCLUSION OF WARRANTIES
Your Commodity Ltd. and/or other members of Your Commodity Ltd. shall not be liable or responsible for any deficiencies, errors, inaccuracies, delays, defamation, libel, misrepresentation, obscenity, or any other objectionable, offensive, or illegal material contained in any third party information, data, instructions, features, services, or other content (whether accessed through third party sources or through our Platform itself) and Third Party Content. Users assume the full risk as to:
- the consequences in connexion with the downloading or otherwise using of any of our Collective Content.
- anything contained in, the performance of, or the results that may be obtained by using any of our Collective Content.
- the standing of any individual or entity mentioned in any of our Collective Content.
- the quality, accuracy, or reliability for any purpose whatsoever of any of our Collective Content.
We seek to ensure that all information on our Platform is correct. However, we do not warrant the accuracy and completeness of all of our Material. Hence,
- some material on our Platform may be outdated, and we cannot guarantee to update such material.
- we reserve the right to remove and/or alter the Platform Material at any time, without notice.
You agree to release, defend, indemnify, and hold Your Commodity Ltd. and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising due to and otherwise any way connected with
- Your violation of our Terms of Service.
- Your use of (or access to) our Services, Content, or Collective Content.
- Your Account Content
- Your interactions with a Member of our Platform.
- Your dealings with a supplier or buyer.
- Your creation of a Bid Request
- Your offer on a Bid Request
- Any other losses or damages of any kind arising as a result of or in relation with any Services or Information obtained from our Platform.
UPDATES TO OUR TERMS OF SERVICE, OR SEVERABILITY
If any part(s) of these terms is held to be unenforceable or invalid, it will be removed and not affect the legitimacy and/or enforceability of any remaining parts.