Terms and Conditions

 

DISCLAIMERS: Lumberscout makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Lumberscout web site, even one that may contain a Lumberscout logo, please understand that it is independent from Lumberscout and that Lumberscout may have no control over the content on that web site. In addition, a link to a non-Lumberscout web site does not mean that Lumberscout endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY APPLY. NEITHER LUMBERSCOUT NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER LUMBERSCOUT NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. LUMBERSCOUT CANNOT BE HELD RESPONSIBLE IN THE EVENT OF CONTAMINATION OF ANY USER’S COMPUTER EQUIPMENT AS A RESULT OF THE PROPAGATION OF A VIRUS, MALICIOUS CODE OR SOFTWARE, OR OTHER COMPUTER “INFECTIONS”. THE SITE USER IS RESPONSIBLE FOR TAKING ALL APPROPRIATE MEASURES TO PROTECT THE USER’S OWN DATA AND/OR SOFTWARE FROM ANY POSSIBLE CONTAMINATION BY MALICIOUS COMPUTER CODE OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, VIRUSES CIRCULATING VIA THE INTERNET. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LUMBERSCOUT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LUMBERSCOUT HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations of Liability Lumberscout shall not assume any responsibility, and shall not be liable for, any damage to or viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing the Site or your downloading of any materials from the Site.

IN NO EVENT WILL LUMBERSCOUT, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Lumberscout, its employees, suppliers or the partners mentioned on the Site cannot be held responsible in any case for claims involving contractual responsibility, criminal responsibility or any other claims, for all indirect or direct damage, incidents and accessories of whatever nature or for any prejudice, particularly of a financial or commercial nature, resulting from the use of its site or any item of information obtained from its site.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

The information, particularly of a financial nature, provided on the Site cannot be considered an incitement to invest or to make transactions of any legal form whatsoever involving Lumberscout’s shares. Under no circumstances should it be interpreted as a solicitation or distribution of shares to the public, and it does not constitute an offer involving the purchase, sale or exchange of shares or other Lumberscout’s securities, listed or otherwise. The Site may contain simple or complex links to other affiliated Lumberscout or third-party sites. Lumberscout may have no control over these sites, and therefore, cannot be held responsible for the availability of these sites, their content, advertising material, products, and/or services available at or through these sites. Thus, Lumberscout shall not be liable in any way for direct or indirect damage that may occur when the user accesses the partner site or uses this site, and it shall not be liable for any non-compliance of the contents and services with any regulations or for any information that infringes the rights of a third party. Lumberscout disclaims any responsibility concerning the information, materials and software on the sites linked by hypertext links to the Site. Information providers outside of Lumberscout supply certain information presented on the Site. The aforementioned content providers have exclusive liability regarding the contents and services provided by them on the Site. Consequently, Lumberscout shall not be held liable for errors, interruptions or delays in the transmission of information or for their consequences.

By registering as user of Internet website LUMBERSCOUT.COM you confirm that you have examined the Terms and Сonditions of this User Agreement (hereinafter referred to as Terms and Conditions), agree to the Terms and Conditions and shall adhere to the Terms and Conditions in the following:

1.    Scope and interpretation of the Terms and Conditions

1.1. The Terms and Conditions shall apply to the legal relationship between all registered users (hereinafter referred to as Member) of Internet website LUMBERSCOUT.COM (hereinafter referred to as Website) and Tammetõru Kaubandus OÜ, the owner of the Website, with regard to using the services available on the Website. 

1.2. The contact information of Tammetõru Kaubandus OÜ, hereinafter referred to as LUMBERSCOUT:

1.2.1 commercial registry code 12264023;

1.2.2 address Narva mnt 5, Tallinn, Estonia;

1.2.3 e-mail address: info@lumberscout.com

1.3. The services set out in clause 1.1. of the Terms and Conditions (hereinafter referred to as Services) include, but are not limited to providing the Member with an opportunity to participate in auction for things/services, including bidding for purchase and sale of things/services, and to use other services available on the Website.

1.4. In addition to the Terms and Conditions, the relations between the Member and LUMBERSCOUT are governed by the legal provisions applicable in the Republic of Estonia.

1.5. If any of the provisions of the Terms and Conditions becomes invalid due to its contradiction with law, it will not affect the validity of other provisions.

1.6. Due to the nature of the Internet, Lumberscout cannot guarantee the continuous and uninterrupted availability and accessibility of the Lumberscout Platform. Lumberscout may restrict the availability of the Lumberscout Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Lumberscout Platform. Lumberscout may improve, enhance and modify the Lumberscout Platform and introduce new Lumberscout Services from time to time.

1.7 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Lumberscout Platform or register an Lumberscout Account. By accessing or using the Lumberscout Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

1.8 Lumberscout respects copyright law and expects its Members to do the same. If you believe that any content on the Lumberscout Platform infringes copyrights you own, please notify us.

2.    General terms and conditions for service

2.1. LUMBERSCOUT shall provide the Members with a virtual place, i.e. the Website & App, where the Members can bid for purchase and sale of things/services and for using other Services.

2.2. The Members shall enter into sales contracts on their own without any intervention/ mediation by LUMBERSCOUT and the Members shall be fully responsible for performance of the sales contracts they have entered into.

2.3. LUMBERSCOUT shall not be responsible for the quality and quantity of things/services purchased/sold by using the Website.

2.4. LUMBERSCOUT shall not be responsible for the accuracy and/or legality of the information published by the Member on the Website.

2.5. LUMBERSCOUT shall not be responsible for inappropriate or unlawful behavior of the Member.

2.6. LUMBERSCOUT shall not participate (as an agent, broker, commission agent, representative or in any other way) in actual sales and other transactions between Members, resulting from bidding on the Website. LUMBERSCOUT shall not act as Member’s agent, broker, representative, commission agent, etc.

2.7. All notices and information between the Member and LUMBERSCOUT shall be exchanged in electronic form and sent to the address set out in the Terms and Conditions or on the Website, unless otherwise provided by the Terms and Conditions.

2.8. The Website and copyright of all the contents thereof belong to LUMBERSCOUT. When including works protected by copyright with regard to the things/services on the Website, the Member shall, free of charge, transfer valid proprietary rights of the author of such works to LUMBERSCOUT. LUMBERSCOUT has exclusive right to use the works provided by the Member in any way, to allow and prohibit their use, incl. reproduction, dissemination, translation, adaptation of such works or adding such works to collections or databases or make them available to the public.

2.9 The Lumberscout Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Lumberscout is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Lumberscout of such Third-Party Services. For Members located in the U.S.A., Lumberscout uses, among other service providers, Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available here and the applicable bank agreement available here.

3.    Rights and obligations of Members

3.1. The Member shall:

3.1.1. submit completely accurate personal data, incl. correct full name and valid e-mail address all, when registering as a user of the Website;

3.1.2. not use the Website for unlawful transaction(s) and/or fraud;

3.1.3. present objective information, incl. accurate information regarding the things/services to be sold (i.e. the information that adequately reflects the status of relevant thing/service) when using the Website;

3.1.4. ensure that the price and other information indicates the actual economically justified substance and value of a thing/service when offering the things/ services for sale. In addition to the final price established at auction, the seller of a thing/service may require the purchaser/person who orders to pay reasonable compensation for transportation costs incurred by the seller;

3.1.5. ensure that the information submitted by the Member when using the Website (incl. electronic data, i.e. files, programmes, e-mails, etc., hereinafter referred to as Member’s Information):

3.1.5.1. are not misleading, inaccurate and/or false;

3.1.5.2. do not contain bids for purchase/ sale of things/ services that are prohibited or in restricted commerce;

3.1.5.3. does not violate economic and/or proprietary rights of third parties (incl. intellectual property right);

3.1.5.4. is not contrary to the laws and other legislative instruments (incl. legislation on consumer protection, competition and export/import of things/services);

3.1.5.5. is not contrary to social mores or moral standards;

3.1.5.6. does not contain viruses and other computer programmes or files that may interfere, damage or disturb in any other way the normal use of the Website and/or that may be stored in Member’s computer as a result of using the Website and/or interfere, damage or disturb in any other way normal operation of Member’s computer;

3.1.5.7. does not contain information concerning things/services subject to bidding for the purchase/sale on some other website, analogous with the Website.

3.1.6. the Member shall not artificially increase the price of a thing/service put on auction sale by himself/herself by entering bids for such thing/service and shall not artificially reduce the price of a thing/service put on underbidding sale by inserting counter-bids; the Member shall not use related persons, such as relatives or acquaintances, in performing such price increase or reduction.

3.1.7. in the case of auction, the Member selling a thing/service at auction shall sell such thing/service to the highest bidder, unless otherwise provided by the rules of LUMBERSCOUT (e.g. auctions with fixed maximum price). Contractual parties are required to exchange relevant information within 7 days after closing the auction.

3.1.8. in the case of auction, the Member who purchases a thing/service at auction is required to purchase such thing/ service, if the Member was the highest bidder, unless otherwise provided by auction rules. Contractual parties are required to exchange relevant information within 7 days after closing the auction.

3.1.9. should a dispute arise, especially in cases where escrow services have been initiated, both buyer and seller are obligated to participate actively in dispute resolution. Acceptable resolutions are, but not limited to: discounts on future purchases, refunds from seller, return of goods to seller. At no time and under ANY circumstances are chargebacks considered acceptable behavior and will result in IMMEDIATE termination of your trading account. The community can only grow if both parties act with a spirit of empathy, reciprocity and a general understanding of the fallability of human endeavors.

3.1.10. The Member shall not compile databases/ lists containing Website users;

3.1.11. The Member shall not submit demands against LUMBERSCOUT, except for demands arising directly from the Terms and Conditions;

3.1.12. The Member shall maintain the password and user name required for using the Website in a manner that would prevent it from falling into the hands of third parties, except for the third party authorised by the Member to represent the Member in using the Services;

3.1.13. The Member shall immediately notify LUMBERSCOUT by e-mail of any changes in the information and circumstances as compared to the information presented by the Member upon Member’s registration as Website user;

3.1.14. The Member shall immediately notify LUMBERSCOUT by e-mail if the password and/or user name required for using the Website have been lost or if they have fallen into the hands of third parties.

3.1.15. If an auction is arranged, the Member is not allowed to realise thing/service outside the auction and outside LUMBERSCOUT system.

3.1.16. The Member shall not publish his/her personal contact information in the auction description and associated questions and answers. LUMBERSCOUT may interpret the publication of personal contact information as an intention of realisation or purchasing thing/service outside the Website system.

3.1.17. The Member shall not change the description and content of the auction after receiving the first bid. Changes can only be made in case the auction has not yet been made available, or prior to making the first bid at already available auction. Additional services can be ordered and pictures added at any time.

3.1.18. Upon relevant request of the other contractual party, the Member is required to accept the requirement of using LUMBERSCOUT deposit when performing the obligations arising from sales contracts and other contracts to be concluded.

3.2. By performing any transaction on the Website the Member shall confirm that he/she:

3.2.1. is a person with legal capacity, entitled to perform the transactions available on the Website;

3.2.2. shall duly perform all obligations set out in clauses 3.1.-3.1.18. of the Terms and Conditions;

3.2.3. is aware of the fact that sales contracts are entered into by the Members without intervention and mediation of LUMBERSCOUT and the Members shall be fully responsible for performance of such contracts;

3.2.4. is aware of the fact that bidding for sale/purchase shall incur binding sale/purchase obligation/contract and that upon failure to perform such obligation the Member shall be fully responsible for the damage caused by such non-performance;

3.2.5. is aware of the fact that the Member is required to declare and pay all taxes on the transactions resulting from using the Services (incl. income tax and sales tax);

3.2.6. is aware of the fact that, after accepting the Terms and Conditions, the intentions of the Member and LUMBERSCOUT are only targeted on establishing the legal relationship expressly provided by the Terms and Conditions;

3.2.7. is aware of the fact that if the password and user name required for accessing the Website fall into the hands of third parties, such third parties may assume obligations that are binding for the Member, whereas the Member shall maintain responsibility for such obligations and that LUMBERSCOUT has no obligation for further identification (i.e. other than the user name and password) of Website user.

3.2.8. is aware of and agrees to the fact that LUMBERSCOUT has the right to process Member’s personal data pursuant to the legislation applicable in Estonia and in compliance with clause 5 of the Terms and Conditions.

3.3. In addition to the provisions set out in clauses 3.2.1. - 3.2.8. of the Terms and Conditions, by performing a transaction on the Website every Member at the age of 7-18 shall confirm that he/she:

3.3.1. bids for purchase/sale on the Website from the funds granted to him/her for that purpose or for free use by his/her legal representative (e.g. parent) or by third party authorised by such legal representative;

3.3.2. has been granted the consent of legal representative for bidding for purchase/sale and entering into transaction(s) and assuming the obligations resulting from bidding;

3.3.3. completely understands all provisions set out in the Terms and Conditions and is fully aware of the fact that use of Website may incur legally binding obligations to purchase or sell things/services available on the Website.

3.4. After closing the auction the Member as a seller is required to pay to LUMBERSCOUT all charges, irrespective of the fact whether the transaction with the purchaser was actually performed or not, or whether the transaction price was different from auction result. If the investigation of a complaint reveals that the transaction was not performed due to the facts caused by the purchaser, the fees will be returned to the seller.

3.5. LUMBERSCOUT escrow services will charge a service fee of 5-10% that includes credit card processing fees, before transfering funds to the seller’s account.

3.6. Membership fees for professional members are $25 per month and due at the first of the month.

3.7. Promoted hashtags cost $25 dollars for three hashtags for the duration of 7 days. After 7 days the bids remain in the database but revert back to chronological order.

3.8 Delivery times are determined by the seller and can vary. In the event that escrow services are used for a transaction, payment to the seller can depend on delivery confirmation by the buyer. Speed of payment can also be influenced by bank reaction times.

3.8.1 If the seller does not ship the material within a reasonable time period, the buyer can request that the bid be canceled and request a refund.

4.    Rights and obligations of LUMBERSCOUT

4.1. LUMBERSCOUT has, at its own discretion, the right to limit or cancel Member’s right to use the Website, incl. alter information published on the Website by the Member or close auction or Member account and prevent the Member to re-register as Website user, if the Member:

4.1.1. violates the Terms and Conditions or obligations of the Member arising from the Terms and Conditions;

4.1.2. has submitted false, misleading and/or inaccurate information when registering as Website user or when using the Website;

4.1.3. knowingly and intentionally disseminates false information on LUMBERSCOUT Webpage, insults other persons in any way or behaves poorly.

4.2. LUMBERSCOUT has, at any time, the right to monitor the activities on the Website, incl. monitor the bids for purchase/sale made by Website users. LUMBERSCOUT may investigate all breaches of Terms and Conditions, by using all legal measures.

4.3. LUMBERSCOUT has, at any time, the right to remove from the Website sale/purchase bids by a Member, if such bids are contrary to the Terms and Conditions, or for any reason.

4.4. LUMBERSCOUT has, at any time and within the limits of the Website, the right to re-arrange the data concerning the bids for purchase/sale entered by Website users without altering the content of such bids, in order to improve the use of the Website.

4.5. LUMBERSCOUT has the right to close Member account for bidding after the Member has been involved in disciplinary actions. The Member has the right to file a protest against the decision to close account, by sending relevant e-mail to the address info@lumberscout.com. Decision of LUMBERSCOUT is final.

4.6. LUMBERSCOUT has the right to charge the Member for using the Service. For that purpose LUMBERSCOUT shall produce an electronic invoice to the Member.

4.7. Upon violation of Member’s obligations as set out in clauses 3.1.1. – 3.1.18. LUMBERSCOUT shall have the right to demand the Member to pay contractual penalty in the amount of 20% of the final auction price, but not less than $200.  Additionally the Member is required to compensate for auction-related expenses incurred by the other contractual party for the services ordered from LUMBERSCOUT.

4.8. LUMBERSCOUT has the right to send to the Member personal commercial communications and other offers. The Member has the right to refuse such communications by informing LUMBERSCOUT thereof.

4.9. LUMBERSCOUT provides the service of deposit of money for performing the sales contracts and other contracts entered into by the Members.

5.    Processing of personal data

5.1 LUMBERSCOUT has the right to process the data received from Member (who is a natural person) upon his/her registration as Website user, in the course of using the Website or collected in any other way when using the Website (hereinafter referred to as Personal Data), according to the purposes and extent set out in the Terms and Conditions.

5.2 The Member shall grant consent for processing the Personal Data of the Member by LUMBERSCOUT for the purposes and to the extent specified in the Terms and Conditions. The Member has the right to withdraw his/her consent any time, to demand termination of the processing of Personal Data and deletion or closing collected Personal Data, and also closing of user account. Withdrawal of the consent does not have retroactive effect.

5.3 LUMBERSCOUT shall collect and store Personal Data in electronic form and shall provide extracts of such data in other form when necessary.

5.4 LUMBERSCOUT shall use Personal Data for providing, developing and personalising the Services.

5.5 LUMBERSCOUT shall not deliver Personal Data to third parties or make it public, except in the cases provided by the Terms and Conditions.

5.6 LUMBERSCOUT has the right to use Personal Data and to forward the Personal Data to third parties selected by LUMBERSCOUT for cooperation purposes in order to ensure the quality and availability of the Services, and to expand, improve and otherwise develop the Services.

5.7 In the case provided in clause 3.6. of the Terms and Conditions, LUMBERSCOUT shall have the right to submit the Personal Data to a person collecting debts (collection companies, etc.).

5.8 LUMBERSCOUT and the person specified in previous clause of the Terms and Conditions have, in the case set out in clause 3.6., the right to submit Personal Data to the undertakings that reflect payment defaults such as Krediidiinfo, etc., who may process such information in order to make credit decision in the credit register managed by relevant undertaking.

5.9 LUMBERSCOUT has the right to forward Member information to another Member opening the bid at the auction if the latter has bid at that auction.

6.    Miscellaneous

6.1. Considering the development of the Website and Services and in order to ensure better and more secure use thereof, LUMBERSCOUT has the right to make unilateral amendments and changes in the Terms and Conditions and Price List.

6.2. LUMBERSCOUT shall notify the Member of any amendments and changes in the Terms and Conditions and Price List by means of notices published on the Website.

6.3. Amendments and changes in the Terms and Conditions and Price List shall enter into force after publishing relevant amendment or change on the Website.

6.4. By using the Service after entry into force of the amendments and changes in the Terms and Conditions and Price List, the Member confirms that he/she agrees to such amendments and changes.

7.    Final provisions

7.1. The legal relationship between the Member and LUMBERSCOUT arising from using the Website shall be subject to the legislation applicable in the Republic of Estonia.

7.2. The Member and LUMBERSCOUT shall make every effort to settle the disputes arising from using the Website by way of negotiations. In case of failing agreement by way of negotiations the dispute shall be settled at Harju County Court.

7.3. The Terms and Conditions shall enter into force after their acceptance by the Member and shall remain in force during the validity of legal relationship between the Member and LUMBERSCOUT as set out in the Terms and Conditions. The Member has the right to withdraw from the Terms and Conditions within 14 days after accepting the Terms and Conditions and to cancel the legal relationship arising from the Terms and Conditions any time, after performing all obligations with regard to LUMBERSCOUT and other Members.