- INTRODUCTION
Welcome to Materialtrader.com. By using the services on the websites of Material Trader B.V. (materialtrader.com and other related websites where this agreement appears), you agree to the following terms and conditions of MaterialTrader:
MaterialTrader is a platform that connects advertisers and buyers. MaterialTrader is NOT involved in any actual transaction between buyers and sellers. For that reason, MaterialTrader cannot exert any control in respect to quality, safety, or legality of the properties listed, the accuracy of the listings, the ability of advertisers to sell items, nor the power of buyers to buy items.
MaterialTrader is an international platform for online trading of commodities. The platform facilitates and supports the market operation; MaterialTrader brings supply and demand together. Sales transactions take place without the intervention of MaterialTrader: agreements are directly between buyer and seller. MaterialTrader provides a unique platform on which several commodity markets are listed.
Before you join MaterialTrader, you must ensure that all the terms and conditions contained in this User Agreement and privacy policy are read and accepted. If you do not agree with our policies or specific terms or conditions, you may not use our services.
It is forbidden to reproduce any content(s) or parts of the Materialtrader.com website and make this available to third parties without explicit permission from Material Trader B.V.
This agreement is effective from January 1, 2020, and once accepted by the user.
- RESPONSIBILITY OF MATERIAL TRADER B.V.
MaterialTrader is not an auction site but provides an advertising platform with the possibility to make buying offers. In principle, an offer is not binding and cannot be obliged to buy or sell. However, this does not apply if an advertiser explicitly applies different rules in his advertisement. The ad and any bids placed on it may be deleted if the ad is older than three months. MaterialTrader also has the right to remove the website, advertisement, or bid at any time without giving a reason.
MaterialTrader tries to connect advertisers and buyers in different markets. However, MaterialTrader is never a party to a contract concluded between the advertiser and the buyer through the use of the site. If you have a dispute with one or more users of our platform, you have to fix this yourself. You indemnify MaterialTrader (and all of its staff, managers, and agents) from any claims, such as claims for damages or other such claims, connected with such disputes. You use Materialtrader.com at your own risk. If an offer seems too good to be true, then it often is the case in practice.
- REFERENCES TO WEBSITES OR THIRD-PARTY SERVICES
MaterialTrader contains references (e.g. by means of a hyperlink, banner, or button) to third party websites. These references can also be placed in or next to your ad. MaterialTrader has no control or influence over the content and policies of these websites. MaterialTrader has no control or influence over the services and policies of these service providers.
- REGISTRATION AND SUBSCRIPTION
Registration is only possible as a company. To register, the user must truthfully fill in full details. Admission is free for users. It is not allowed for users to use a false identity on the site.
The user is allowed to cancel their registration at any time. In this case, all user-related information stored by MaterialTrader, will be removed within one month of receipt of the notice.
In case of registration with MaterialTrader, the user will have a username (or email address) and a password for the purpose of registration.
The user is responsible to ensure that the username and password are protected against unauthorized login by a third party. He will serve MaterialTrader promptly to notify the event of abuse by his username and password, or if he does suspect with relevant evidence that this can happen.
Subscriptions will be automatically renewed until the subscription is being terminated by the user. Termination will be effective 30 days after announcement.
- DO’S AND DON’TS OF THE USE OF MATERIALTRADER.COM
You agree that all data, particularly content and data related to the product offered, are correct and not misleading.
The user assumes all costs associated with placing his ad, such as the cost of its Internet connection and the cost of purchase of its hardware for use of our website.
You may only post ads in English.
Place your ad in a section, make for each product or service, a separate ad and place it in the best matching section.
Placing double advertisements is not allowed, these will be removed and can result in a permanent ban.
Do you have your product or service sold or found what you were looking for? Then we kindly ask you to remove your ad.
The maximum duration of the ad is three months. After this period, MaterialTrader is authorized to remove the ad. Relating to the advertising of the site as a user, you can always delete your ad or renew it and publish it on the site.
When you use MaterialTrader, it is not permitted to place any advertisements with a title that contain a URL, or a portion of a URL, to place ads which refers to a website or a brand/company, or to place partly or largely filled ads with links to advertising sites or advertisements, whether or not specifically aimed at the processing of ad revenue by generating clicks an ad.
Do not use our site if you should enter into any legally binding contracts used under 18 years of age, or if you are temporarily or indefinitely suspended due to abuse of our site.
Do not pay for products or services that you have purchased when you cannot verify the seller’s identity, when the seller has made an amendment to the product or service description after you bid or when a clear typographical error is made.
It is prohibited to transfer your account and username without our permission to another party, nor is it allowed to use the username or password of someone else.
It is not allowed to send any spam, chain letters or pyramid schemes or other Non-MaterialTrader related information to our users.
It is prohibited to distribute viruses or any other technologies that may damage MaterialTrader or the interests or property of MaterialTrader users.
It is prohibited to use protected names or logos of companies in your ad different than the name of the company that the product or service you are advertising manufactured or produced, or to use text and / or photos of others without permission from the copyright holder, or to offer, solicit or post photos subject to copyright and portrait rights of someone else calm. It is not allowed to obtain or collect information about users, including email addresses, without their consent.
Use a disclaimer regarding the authenticity or legality of the product or service you offer. Advertisers need to ensure that their products or services are authentic before offering on MaterialTrader. If you have any doubts about the authenticity of a product or service, do not offer it.
It is prohibited to use a misleading title for your ad. Misleading titles are all titles that the product or service that you are offering not describe. Nor is it allowed to make comparisons between products or services in the title.
- PRIVACY AND DATA PROTECTION
Without your express consent we will never use your personal information to sell to third parties for their marketing purposes. MaterialTrader is entitled to store (anywhere in the world) your user information for our own use. In particular:
Publication and transmission of data within the scope of the services as offered by MaterialTrader.
Transfer of user data if requested. By the competent authority of MaterialTrader.
Sending newsletters if requested.
Data storage by MaterialTrader is protected both physically and technologically. By logging into your account, you can use the information you provide to us and change and choose not to receive certain messages.
- INDEMNITY AND LIABILITY
You are obliged to us and our subsidiaries, officers, directors, agents and employees to indemnify where appropriate, and to protect us against any claim or demand, including reasonable attorneys’ fees, made by any third party and that due to or arising out of your breach of this User Agreement or the documents it by reference part, or your violation of any law or the rights of a third party.
In the following cases MaterialTrader recognizes no liability:
Regarding contracts concluded by users themselves.
For the goods and / or services supplied by the seller to the buyer, in particular;
(a) accuracy and completeness of the statements made by the buyer or seller, (b) the quality or utilization of goods and / or services provided, (c) the uses for specific use as intended by the buyer and (d) it does not violate the rights of third parties goods and / or services .
MaterialTrader cannot exclude that the person named as purchaser or seller actually exists. The consequences are that users always function at own risk, estimating whether one of its purchasing or selling parties actually exists.
MaterialTrader cannot exclude with absolute certainty that a password into the hands of a person who is not authorized for this is to get the user’s it. MaterialTrader accepts no liability with regard to rules of a messenger without authorization.
- NOTICE
Unless otherwise expressly provided, you must send your letters to Material Trader B.V., PO Box 575, 7500 AN Enschede. We will send your valid notifications to the email address that you yielded when you registered. Notice will be deemed given 24 hours after email is sent, unless the sender is aware that the email address is invalid. We can also provide you legal notices by post to the address that was provided when registering. In such case, notice shall be deemed given 3 days after the date of shipment.
- DISPUTE
Unless otherwise determined, this Agreement shall be governed in all respects by and construed in accordance with Dutch law, to the exclusion of the application of the rules of private international law. You agree that any claim or dispute must be settled before a court based in Almelo, Netherlands, with MaterialTrader unless otherwise agreed between the parties.
- GENERAL
If any provision of this Agreement is held invalid or unenforceable, such provision shall not apply, while the remaining provisions stay in force. We may assign this Agreement at its discretion, subject to compliance with the provisions on notifications. Titles are for reference purposes only and in no way limit the scope of the relevant article of this User Agreement. Our failure to act in response to a breach by you or others does not mean that we lose our right to act with respect to subsequent or similar breaches. We cannot guarantee that we will take action against all breaches of this Agreement action.
We may revise this Agreement at any time by posting. The amended terms on this site Except where otherwise provided, all adjustment provisions 30 days after they are initially posted automatically take in force. This Agreement may be modified from those described above, except in any other way by a written document by you and by us signed. If you do not agree with the changes in our policy or in specific terms or conditions, you may terminate the agreement at any time by closing your account. All understandings and agreements between you and us relating to the subject matter of the contract are set put in this agreement. The following sections shall survive the termination of this Agreement maintained: Fees and Services (charges you owe for using our services), Release, Content License, Liability, Indemnity and Dispute Resolution, and all other provisions reasonably this User Agreement shall survive.
If you are not going to be bound by these Terms you may not use our services.
- VIOLATE USER AGREEMENT AND GENERAL CONDITIONS OF MATERIAL TRADER B.V.
When MaterialTrader believes that you are acting in breach of our terms and conditions, we reserve the right, without prejudice, to decline access and further action on the website of MaterialTrader and to take further legal action against you and to claim damages.