- The TIMBERWeb eMarket website is operated by TIMBERWeb Trading Limited, a company incorporated in England under number 03903937 with its registered office at Fern Court, 39 Park Road, Aldeburgh, Suffolk, England IP15 5ET ('the Company'). The eMarket comprises access to a community within the timber industry. The eMarket offers interaction with the community, a package of general information, knowledge and other content. A limited amount of this material is available to all visitors (a 'User'), with information for the most part reserved for Members only (a 'Member').
- Whilst the information and functionality on the eMarket is provided by the Company in good faith, it is often based upon information supplied by other Users or third parties, and it may not be complete, accurate, up to date or, in the case of different language versions, translated correctly. The Company does not give any warranty or representation as to the completeness, accuracy, currency, reliability or correctness of any such information or functionality, and shall have no liability, obligation or responsibility for any loss any User may suffer as a result of any reliance on any such information or functionality. Users are advised to verify information before making any significant business decisions based upon information or functions found on the eMarket. For the avoidance of doubt, this clause does not apply to the functionality and content of the eTrader, which is covered by the eTrader Membership Agreement.
- The eMarket includes advertising from persons offering products and services. This does not mean that the Company recommends any such products or services (except where such businesses are included in our list of Recommended Suppliers of goods and services), or has verified any statements made concerning them or otherwise endorses them or gives any warranty or representation about them. Any dealings, notwithstanding that an advertiser may be recommended by TIMBERWeb, with such persons are solely a matter between a User and the person concerned. The Company shall have no liability, obligation or responsibility for any loss any User may suffer arising out of any such dealings.
- The eMarket includes links to other websites provided by other persons. The Company is not responsible for the availability of any such websites, or for any content, advertising, products or services available on or from them. The link does not mean that the Company has verified any information or statement made on any such website, or that the Company recommends any such products or services or otherwise gives any warranty or representation about them, unless specifically included in our Recommended Suppliers list. The Company shall have no liability, obligation or responsibility for any loss any User may suffer arising out of its use of any content or products or services available on or from such websites.
- The information and functionality on the eMarket does not constitute and should not be taken as giving investment advice or as an offer to sell any securities or other investments and must not be relied on in connection with any investment decision. Any advertisements or content which could possibly lead to an investment are purely a matter between the User and the advertiser. Users are strongly advised to take independent financial 'advice' from a person suitably qualified within the legal jurisdiction of the User to give legal advice before responding to any information, or communication, that could possibly lead to an investment.
- The Conference Room feature provides a forum for Users to exchange information relevant to the timber industry on an interactive basis. The Message Board feature allows Users to post information relevant to the timber industry for the benefit of other Users. These features are for businesses involved in the timber, lumber, wood and forest products industry only and shall only be used for the purposes of lawful activities undertaken by businesses in that industry and shall not be used for general advertising purposes.
- Each User acknowledges that it is very difficult to moderate the actions of individuals in the Conference Room environment without slowing the process unduly and therefore defeating the object of the conference. The views posted in the Conference Room or on the Message Board by other Users may be their own and not necessarily their employers'.
- A User shall not post in the Conference Room or on the Message Board or anywhere else on the eMarket, any material which is of an illegal, defamatory, distasteful, offensive or unacceptable nature (for example, in disparaging any nationality or race or sex or encouraging discrimination on any such grounds) or which infringes any third party rights or any data protection or other privacy laws or otherwise gives rise to any liability on the part of the Company. The Company reserves the right to edit, remove or block any such material from any part of the eMarket. The Company reserves the absolute right to edit, remove or block from any part of the eMarket any material or any User it otherwise deems unsuitable without giving a reason. Where a User chooses to use a language other than English, a Member warrants and represents that they will use appropriate non-offensive terms. The Company reserves the right to delete any non-English content without any reason, without any liability to the User. The Company will not be held responsible for any loss or subsequent damage arising from the publication of material on the Conference Room, Message Board or any other part of the web site. Nor will the company be responsible for material published on either the Conference Room, Message Board or any other part of the web site that is republished elsewhere to a third party without the Company's express permission.
- Each User warrants and represents to the Company and to each other User that any data, news, information or other materials it may provide to the Company or post on the eMarket, concerning itself or anything else, will to the best of its knowledge be accurate, correct and complete and will not be in breach of any third party intellectual property or other rights.
- Each User warrants and represents to the Company and to each other User that it will not post on the eMarket, or use any of the email or website links provided on the eMarket to post to any other person, any message or material containing or comprising any software virus, corrupted file or other program or thing which may damage or impair the operation of or other data stored on any other person's computer system, and that it will not post on the eMarket or use such links to post to any other person any message or material containing any embedded software program without the consent of the intended recipient.
- Where a User is an individual, and such User provides to the Company or posts on the eMarket any personal data concerning themselves, such User shall be taken to have consented to the processing of such data by the Company for the purposes of operating the eMarket and to the transfer of such data outside the European Economic Area where necessary in connection with such purposes. It is the responsibility of Users to maintain the accuracy of their information held on the eMarket.
- With the exception of any material which a User may itself provide, any and all copyright, database rights, design rights, rights in any inventions business processes and methods, trade marks, domain names and other intellectual property rights in or comprised in the information and functionality on the eMarket belongs to the Company or to third parties. Unless otherwise expressly stated, a User may copy any part of such material for non-commercial purposes, provided the copy retains any copyright or intellectual property notices on the original material, but a User may not otherwise copy any of the material.
- The Company shall have no liability to any User arising out of any data, news, information, materials or messages posted on the eMarket by or on behalf of any other User.
- The Company shall have no liability to any User for any loss of profits or any indirect or consequential loss or damage of any nature whatsoever, arising out of or in connection with the operation of the eMarket.
- The Company's liability for any other direct loss or damage to any User who is a Member or any third parties in any circumstances is limited to the greater of the amount of the subscription fees collected by the Company from the User for membership of the eMarket in the twelve months prior to the date on which any proceedings were commenced, and £500. The Company's liability to any User who is not a Member is limited to £100. The maximum liability for whatever reason under these terms shall under no circumstances exceed £600 for any group action by more than one User. Each User covenants and promises not to sue or claim for punitive damages.
- Each User shall keep the Company and all of its directors, employees, agents and representatives ('staff') fully indemnified from and against all costs, claims, demands, expenses, fines, penalties and all liability whatsoever which may be made against the Company or any of its staff or which such persons may sustain, pay or incur arising out of or in connection with any data, news, information, materials or messages posted on the eMarket by or on behalf of that User or any of its staff, or arising out of or in connection with any breach of these terms by that User or any of its staff.
- The Company reserves the right to suspend the eMarket at any time for technical, operational or other reasons, and the right to discontinue operating the eMarket at any time without notice. The Company shall have no liability to any User or any other person for any loss arising out of the suspension or discontinuance of the eMarket.
- The Company shall have no liability for loss, damage or delay howsoever arising caused by circumstances outside its control.
- The exclusions and limitations of liability in these terms are intended to be cumulative and to apply even where the Company has been negligent, but they do not apply in relation to any liability for death or personal injury caused by the Company's negligence or for fraud.
- All business undertaken by the Company, either direct or via the eMarket, will be subject to the Company's standard terms and conditions applicable to the service in question, which are available on request. Nothing here alters or supercedes those terms and conditions.
- The Company may from time to time operate a ‘Managed Service’ as an agent for members. The Company accepts no responsibility in contract to any third parties whatsoever as a result of acting as an agent, and whilst it will diligently perform the requested operations for members, it is the responsibility of users or members to check postings made on its behalf. The Company will not make offers that can be accepted or accept offers that have been received by members for who it is acting. Members and users must conclude contracts directly.
- Members of TIMBERWeb® who display the TIMBERWeb® Trust Logo have been reviewed by TIMBERWeb® and are considered, in our opinion, to be Bona Fide trading businesses that have satisfied our internal criteria for providing satisfactory supplier or customer services using the Internet and the TIMBERWeb® eMarket. This is NOT a credit rating or a Code of Conduct or Quality Rating. The Internal Criteria used by TIMBERWeb® is private and confidential and will change from time to time but it is likely to be accredited (on payment of the appropriate fee, if applicable) to businesses and companies that are known to TIMBERWeb®, but also have adopted normal Internet protocols for visibility and communications on the Internet. TIMBERWeb® accepts NO LIABILITY to third parties or users of the web site whatsoever and no reliance should be placed upon this designation for commercial decision making purposes. Members of TIMBERWeb® and third parties or users of the web site need to take a wide variety of investigative measures before entering into commercial transactions and the TIMBERWeb® Trust designation or the Internet is not a substitute for normal, prudent and thorough traditional customer or supplier appraisal practices including, but not exclusively, Letters of Credit, Credit insurance, Performance Bonds, Bank Enquires, Visits and Small Trial shipments. If you are in any doubt please contact: Trust@timberweb.com or telephone +44 (0) 1728 451010 or write to The CEO, TIMBERWeb Trading Ltd., Fern Court, 39 Park Road, Aldeburgh, Suffolk, IP15 5ET, UK.
Only businesses listed as accredited businesses with TIMBERWeb® Trust status on the TIMBERWeb® website are authorised to display the TIMBERWeb® Trust Logo on their website. TIMBERWeb® accepts no liability whatsoever to third parties who rely on the TIMBERWeb® Trust Logo displayed without authorisation on other websites.
- The Company may in its sole discretion from time to time change these terms by posting new terms on the eMarket. The new terms shall apply automatically immediately after they are posted, and a User's continued use of the eMarket after such posting and/or the absence within seven days of comment on them to the Company, shall be taken to mean that it acknowledges and agrees to be bound by the new terms.
- The user hereby acknowledges they have read the privacy statement available to all Users on the website.
- These terms set out the entire agreement between a User and the Company and any terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
- These terms are governed by English law and any claim or legal action under these terms will be subject to the exclusive jurisdiction of the English courts.