TERMS-OF-USE
Welcome to realcommoditytrading.com (hereinafter referred to as the “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by Good Partners World Co., Ltd (hereinafter referred to as “the Company”) with its registered office located at 5330, Tojeong-ro 35-gil 11, Mapo-gu, Seoul, Korea. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
The Users, Partners and Members shall be collectively referred as (the “Users”) and individually referred to their names.
BY REGISTERING AND USING THE PLATFORM (“THE WEBSITE”) THE USER (hereinafter referred to as “You” or “Your”) AGREE TO BE BOUND BY THE TERMS OF USE. PLEASE READ THESE ENTIRE TERMS CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE WEBSITE YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.
The Company provides a platform wherein the users can create their profile which lets the users to view the website and trade commodities.
PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
1. DEFINITIONS AND INTERPRETATION:
- 1.1. "Agreement" means the terms of use as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
- 1.2. realcommoditytrading.com means the online platform via which users can view the website and lets the user to purchase and sell the commodities listed on the website.
- 1.3. “Account” means the accounts created by the users on our website in order to use the Services provided by us and require information such as name, email address, password, contact number etc.
- 1.4. “Content” means text, graphics, images, music, audio, video, information or other materials.
- 1.5. “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.
- 1.6.The official language of these terms shall be English.
- 1.7. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2. REGISTRATION
- 2.1. The users and members will have to register with us in order to trade commodities on our platform.
- 2.2. In order to register with us, user will have to enter various details such as your email id, contact number and the details as asked therein.
- 2.3. In order to register with us, member will have to enter various details such as company’s information, email id, contact number and the details as asked therein.
- 2.4. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via call or email at webmaster@realcommoditytrading.com of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- 2.5. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- 2.6. When creating an Account, don’t:
- a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- b) Use a username that is the name of another person with the intent to impersonate that person;
- c)Use a username that is subject to rights of another person without appropriate authorization; or
- d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- 2.7. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at webmaster@realcommoditytrading.com.
- 2.7.You shall not transfer or sell your account on our Platform and User ID to another party.
3. SERVICES
- 3.1. The Company through its Platform provides verified offers (the “Verified offers”) to the users to review and to trade commodities on its platform.
- 3.2.The Platform allows the Members and Partners to post the offers on the offer section of the Platform.
- 3.3. Members and partners can post the offer and reply on other member(s) offer.
- 3.4. Partners participates in our partner’s program and activities; working as a seller, buyer, mandate, agent, consultant, etc.
4. FEES AND COMMISSIONS
- 4.1.The Company charges certain percentage of commission on the transactions of the users trading commodities through verified offer post listed on our platform.
- 4.2.The Platform charges a commission of 3% of the transaction less than or equal to USD 10 Million of the commodity trade per transaction by the users who requested a verified offer post in our website.
- 4.3.The Platform charges a commission of 2% of the transaction above USD 10 Million and less than or equal to USD 50 Million of the commodity trade per transaction by the users who requested a verified offer post in our website.
- 4.4. The Platform charges a commission of 1% of the transaction above USD 50 Million and less than or equal to USD 100 Million of the commodity trade per transaction by the users who requested a verified offer post in our website
- 4.5.The Platform charges a commission of 0.5% of the transaction above USD 100 Million per transaction by the users who requested a verified offer post in our website.
- 4.6. The aforesaid commission shall be applicable between the parties will unless an agreement is signed otherwise.
- 4.7.For Premium Member Services, the members shall email us at inquiry@realcommoditytrading.com.
- 4.8. After the successful completion of each transaction through our verified offer post, seller and buyer have to advise it to us immediately. We will inform involved sellers and buyers by email or fax upon the successful completion of each transaction.
- 4.9. We are open to negotiate the commission schedule and IMFPA (Master Fee Protection Agreement) with buyers and sellers upon request.
- 4.10.⦁ If you have any inquiry or question above the fee and commission policy, email at inquiry@realcommoditytrading.com.
5. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
- 5.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- 5.2. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- 5.3. Interfering with any other person's use or enjoyment of the Site.
- 5.4. Breaching any applicable laws;
- 5.5. Interfering or disrupting networks or web sites connected to the Site.
- 5.6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- 5.7. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.
- 5.8. We prohibit the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
- 5.9. Alcoholic beverages
- 5.11. Cigarettes or any other tobacco product for human consumption
- 5.12. Pharmaceuticals or any other controlled substance
- 5.13. Dangerous, counterfeit or stolen goods
- 5.14. Goods which do not actually exist
- 5.15. Any good that infringes or violates anyone's rights
- 5.16. Any item which our sole discretion is inflammatory, offensive or otherwise inconsistent with our standards of business ethics.
- 5.17. Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
6. MODIFICATION OF TERMS OF USE:
- 6.1. ⦁ We may at any time modify the Terms of Use of the site without any prior notification to you. You can access the latest version of the Terms at any given time on our website. You should regularly review the Terms of Use on our website. In the event the modified Terms of Use is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of Use of this site.
7. COPYRIGHT & TRADEMARK:
- 7.1. Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of realcommoditytrading.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
- 7.2. realcommoditytrading.com names and logos and all related product and service and our slogans are the trademarks or service marks of Good Partners World Co., Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
- 7.3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by laws of Republic of Korea. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of Republic of Korea. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by laws of Republic of Korea.
- 7.4. If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- 7.5. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- 7.6. identification of the copyrighted work claimed to have been infringed;
- 7.7. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- 7.8. Your contact information, including your address, telephone number and an email address;
- 7.9. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 7.10. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- 7.11. Notices regarding our website should be sent to: webmaster@realcommoditytrading.com.
8. INDEMNITY:
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
9. TERMINATION:
- 9.1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- 9.2. We reserve the right to deny you listing on our website in cases:
- i. your credentials are not verified by us,
- ii. commission of any fraud by you
- iii. failure to pay our commission
- iv. approaching the purchasers of the website outside the platform in order to deny commission to us.
- 9.3. Without limiting the foregoing, we may close, suspend or limit your access to our website:
- 9.4. if we determine that you have breached, or are acting in breach of, this Agreement;
- 9.5. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- 9.6. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- 9.7. to manage any risk of loss to us, a User, or any other person; or
- 9.8. For other similar reasons.
- 9.9. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
10. DISCLAIMERS AND LIMITATION OF LIABILITY:
- 10.1. The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
- 10.2. The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- 10.3. Your use of or your inability to use our Website, Services and tools;
- 10.4. Delays or disruptions in our Website, Services, or tools;
- 10.5. Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- 10.6. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- 10.7. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- 10.8.A suspension or other action taken with respect to your account; and
- 10.9. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE PRODUCT ORDERED BY YOU. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
- 10.10. Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for:
- a)the unavailability of any of the Sites;
- b)any loss of data, information or materials caused by such system outages;
- c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or
- d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
- 10.12. You agree and acknowledge that Company shall not be responsible or liable whatsoever for any monetary or other damage suffered by you due to the listed offers as the company does not control any of these offers or their content and you are required to review and proceed entirely at your own risk.
11. GOVERNING LAWS AND JURISDICTION:
- 11.1. This Terms of Use shall be construed in accord with the applicable laws of Republic of Korea regardless of your physical location.
- 11.2. The Courts at Seoul, Korea have exclusive jurisdiction in any proceedings arising out of this agreement.
12. DISPUTE RESOLUTION:
13. DISPUTE BETWEEN YOU AND US:
- 13.1. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 13.2. The seat of Arbitration shall be in Korea Commercial Arbitration Board in Seoul, Korea.
- 13.3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
14. DISPUTE BETWEEN USERS ON THE WEBSITE
If there is a dispute between users on this site, we or our website shall be under no obligation to become involved. In the event that You have a dispute with one or more Users in regard to anything be it transactions, delivery or un-delivery of products, disagreement as to price, listing, etc, you hereby release us and our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
15. SITE SECURITY:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
- a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;"
- d)sending unsolicited email, including promotions and/or advertising of products or services; or
- e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
16. PRIVACY:
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
17. NOTICE
- 17.1. By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
- 17.2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- 17.3. Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- 17.4. For letters, the letter was properly addressed, stamped and placed in the post; and
- 17.5. For emails, the email was sent to the specified email address.
18. LEGAL COMPLIANCE
- 18.1. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
- 18.2. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in Republic of Korea and all other countries.
- 18.3. You should comply with country, state and federal regulations.
19. LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
20. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
21. SEVERABILITY:
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
22. ASSIGNMENT:
- 22.1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- 22.2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
23. FORCE MAJEURE:
Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, Sellers, or vehicles; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
24. DIGITAL SIGNATURE:
- 24.1. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download and print this Agreement.
- 24.2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
- 24.3.By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- 24.4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
25. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
26. CONTACT US:
For any further clarification of our Terms of Use, please write to us at webmaster@realcommoditytrading.com.