Terms And Conditions 

 Web Site Terms of Use

You have been granted access to this web site following an agreement between Tarmac and a customer of Tarmac (the Customer).  Such Customer has nominated you to have access to this web site, through which Tarmac provides content for use by the Customer and its officers and employees.

YOUR ACCESS TO THIS WEB SITE IS SUBJECT TO YOUR BEING AN OFFICER OR EMPLOYEE OF THE CUSTOMER AND ACCEPTING THESE TERMS OF USE. 

1.          Web Site Operator

1.1        This web site is operated by Tarmac Limited registered number 00453791 (Tarmac) whose registered office is at Millfields Road, Ettingshall, Wolverhampton, West Midlands, WV4 6JP, United Kingdom.                  

2.          Licence

2.1         Tarmac grants you a non-exclusive non transferable licence to use this web site to receive from Tarmac information relating to commercial activities between Tarmac and the Customer and to use Tarmac's request a call off facility.  For these purposes you may display, view and obtain copies of content from this web site and otherwise use this web site in accordance with these Terms of Use.

2.2        Tarmac may suspend your access to this web site or any part of it at any time for any reason.  Tarmac may terminate your rights to access this web site at any time without notice.

2.3       You acknowledge and agree that unlawful or unauthorised use by you of this web site may give rise to a claim against you AS AN INDIVIDUAL and/or be a CRIMINAL OFFENCE.

3.         Your Responsibilities

PLEASE READ THIS CLAUSE CAREFULLY

3.1        You agree to comply with these Terms of Use.

3.2        You will not access this web site if you cease to be an officer or employee of the Customer or if you are informed by Tarmac or the Customer that you are not permitted to do so.

3.3        You acknowledge that nothing on this web site is intended to be nor should be construed as an offer by Tarmac to enter into a contractual relationship.  You agree not to attempt to enter into a contractual relationship with Tarmac through your use of this web site save that you are permitted to take the pre-contractual steps which are involved in the use of Tarmac's request a call off facility.

3.4        You acknowledge that by the nature of internet access and use there may be an interruption in the availability of this web site.

3.5        You acknowledge that no web site can be guaranteed to be completely secure and that it is technically possible that any content on this web site may be accessed by unauthorised users.

3.6        You acknowledge that you have satisfied yourself that use of this web site is compatible with your computer and telecommunications equipment and software.

3.7       You agree not to:

3.7.1       unlawfully use this web site;

3.7.2       make available to any third party, exploit for any commercial purpose (other than for the purposes permitted pursuant to clause 2), or make any derivative work of this web site;

3.7.3       commit a tortious or otherwise wrongful act, including post or communicate any materials to this web site or in any way use this web site in any way that is wrongful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, scandalous, vulgar, violent, obscene, libellous, pornographic, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable, infringing or violating the rights of any person, or is likely to cause emotional distress;

3.7.4       upload or otherwise transmit any material or otherwise use this web site in any way which may infringe any intellectual property rights of any natural or legal person;

3.7.5       upload or otherwise transmit any unsolicited or unauthorised advertising or any other form of solicitation;

3.7.6       upload or otherwise transmit any material that contains computer software viruses, harmful computer code, Trojan horses or any other computer code, files or programs not approved by Tarmac;

3.7.7        obtain or attempt to obtain unauthorised access to this web site or any other web site operated by Tarmac.  This includes accessing data not intended for you, logging into a server or account you are not authorised to access, or probing the security of any system, network, or account, or accessing this web site by any means other than the interface and procedure that is provided to you.

3.8      You shall comply with any applicable laws, regulations and conditions governing these Terms of Use or the activities envisaged by these Terms of Use.

3.9      For security reasons you must choose a password within the following parameters:

3.9.1       a minimum of six and a maximum of twelve characters;

3.9.2       a mixture of upper and lower case characters;

3.9.3       use at least one number.

4.       Responsibility for Content

4.1      Tarmac shall use all reasonable endeavours to ensure that any content which it has uploaded to or published on this web site is accurate.

4.2      Tarmac reserves the right at any time, without notice, to move, remove, suspend or refuse the inclusion of any material on this web site without notice.

5.       Operational issues

PLEASE READ THIS CLAUSE CAREFULLY

5.1      Subject to compliance by Tarmac with applicable law and its Privacy Statement, Tarmac may disclose your personal details to any third party if such disclosure is necessary:

5.1.1       for the purpose of providing this web site to third parties who do business with Tarmac in an efficient manner;

5.1.2       by law;

5.1.3       to enforce or comply with the terms of Tarmac’s Agreement with the Customer; or

5.1.4       to respond to claims that this web site infringes or restricts the right of any party.

5.2      You acknowledge and agree that Tarmac may immediately and without notice deactivate your user account (so denying you access to this web site) for any reason.

5.3      You agree not to divulge your user name and/or password to any other person.

6.       Linking this Web Site

6.1      This web site may contain links to other web sites.  Subject to clause 9 (Limitation of Liability) Tarmac accepts no responsibility or liability for the contents of other web sites which are not under the control of Tarmac.  Any link is not intended to be, nor should be construed as, an endorsement of any kind by Tarmac of that other web site.

6.2     You may not create a link to this web site.

7.        Computer Viruses

7.1      You shall take such reasonable steps as are necessary to avoid your introduction of any computer viruses to this web site, including working to good industry standards and using commercially recognised and available virus checking systems and software.

7.2      In the event that a computer virus affects this web site the party discovering the computer virus shall inform the other party without delay.  Both parties shall use their reasonable endeavours to reduce the effect of the computer virus including, in the event that a computer virus causes loss of operations or efficiency and/or loss of data, the giving of reasonable assistance to the other to mitigate such effects.

8.       Warranties

YOU SHOULD READ THIS CLAUSE CAREFULLY

8.1      This web site is provided free of charge by Tarmac on an “as is” basis.  You warrant that you have satisfied yourself that this web site is appropriate for the use to which you intend to put it.

8.2      Since this web site is provided free of charge and via the internet, Tarmac does not warrant that:

8.2.1       this web site may be successfully uploaded or downloaded;

8.2.2      your access to this web site will be uninterrupted, secure or error free;

8.2.3      any errors in this web site or any software comprising or relating to this web site will be corrected; or

8.2.4      links to third party web sites will be appropriate.

8.3      Except as set out in this Clause 8 and Clause 9.3 (Limitation of Liability) Tarmac hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those expressly set out in this Agreement) or implied, statutory, customary or otherwise which, but for such exclusion would or might subsist in your favour.

9.       Limitation of Liability

YOU SHOULD READ THIS CLAUSE CAREFULLY

9.1      You acknowledge that this web site is provided free of charge by Tarmac and expressly agree that the following exclusions and limitations of liability are fair as otherwise the amount of damages otherwise awardable to you (or the Customer) for a breach by Tarmac of these Terms of Use would be disproportionately greater than the value of Tarmac’s obligations under these Terms of Use.

9.2      Except as provided in clause 8 (Warranties) and 9.3, Tarmac and its officers, employees agents and/or sub-contractors, will be under no liability to you whatsoever (whether in contract, tort (including negligence and breach of confidence), breach of statutory duty, restitution or otherwise), for any injury, death, damage or direct, indirect or consequential loss (all three of which latter terms include, without limitation, pure economic loss, loss of use, loss of revenue, loss of profits, loss of business, loss of data, depletion of goodwill and like loss) howsoever caused arising out of or in connection with your use of this web site.  THIS MEANS THAT TARMAC HAS NO LIABILITY TO YOU FOR YOUR USE OF THIS WEB SITE EXCEPT AS STATED IN CLAUSE 9.3.

9.3      Notwithstanding anything to the contrary in these Terms of Use, Tarmac does not exclude its liability (if any) to you for personal injury or death resulting from Tarmac’s, or its, officers’, employees’, agents’ and/or sub-contractors’, negligence, for fraud, or for any other matter which will be illegal for Tarmac to exclude or to attempt to exclude its liability but nothing in this Clause 9 confers any right or remedy upon you to which you would not otherwise be entitled.

10.       Term

10.1      These Terms of Use will start from the time and date you indicate your acceptance of them and will continue until terminated pursuant to clause 11.

11.       Termination

11.1      This Agreement shall terminate immediately if you cease to be an officer or employee of the Customer or if Tarmac withdraws your right to access this web site.

11.2      If this Agreement terminates, the rights granted to you under these Terms of Use shall immediately cease and you must immediately stop using this web site.

12.       Confidentiality

12.1      You will keep confidential any information you acquire relating to or through your use of this web site.

12.2      The obligations in 12.1 will not apply to any information which:-

12.2.1       is publicly available or becomes publicly available through no act or omission of yours; or

12.2.2      you are required to disclose by order of a court of competent jurisdiction.

13.       Privacy

13.1      Tarmac’s policy about personal data and privacy can be seen in this web site’s privacy policy at www.tarmac.co.uk.  This privacy policy forms part of these Terms of Use.

14.       Entire Agreement/No Reliance

14.1      These Terms of Use together with any document expressly referred to in this Agreement including the Privacy Policy contain the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, representations and statements, written, customary or oral, between the parties in relation to such matters.

14.2      Each party acknowledges that it is not entering into these Terms of Use in reliance on any representation of the other except those contained in these Terms of Use.

15.       Severability

15.1      In the event that any provision of these Terms of Use is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any relevant competent authority, Tarmac shall be entitled to amend that provision in such reasonable manner as achieves the intention of the parties without illegality and the remaining provisions of these Terms of Use shall remain in full force and effect.

16.       Right to Assign

16.1      You may not assign the benefit and/or delegate the burden of these Terms of Use without the prior written consent of Tarmac which Tarmac may in its absolute discretion withhold.

16.2      Tarmac may assign the benefit and/or may delegate the burden of these Terms of Use.

17.       Notices

17.1     Any notice or other communication required or permitted under these Terms of Use shall be in writing to your e-mail address given to Tarmac by the Customer, or to Tarmac if sent to eBusiness@Tarmac.co.uk and shall be deemed to have been duly given if receipt is confirmed by or on behalf of the intended recipient whether in writing, electronically or verbally.

18.       No Waiver

18.1      No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.

19.       Contracts (Rights of Third Parties) Act 1999

19.1      The parties to these Terms of Use do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person firm or company not a party to it. The parties reserve the right to rescind or vary these Terms of Use or vary any term of it by written agreement between themselves, without the consent of any person, firm or company.

20.       Force Majeure

20.1      Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of these Terms of Use if it is due to any event beyond the reasonable contemplation and control of the party so prevented including, without limitation strikes, protests, lockouts or other forms of industrial action (in each case whether involving the workforce of the party so prevented or any other party), acts of God, war or national emergency, an act of terrorism, riot, civil commotion, malicious damage or access to this web site, unauthorised or improper use of this web site by any person, introduction of any software which causes an interruption or problem with this web site, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of hardware, software, computer programs, plant or machinery, fire, explosion, adverse weather or default in delays of suppliers or sub-contractors.

21.       Variation

21.1      Subject to the terms of this Agreement, this Agreement may only be varied or amended in writing by Tarmac, by posting a revised version of these Terms of Use at the appropriate section of this web site.  You agree to check frequently this web site for any revised versions of these Web Site Terms of Use and by your use of this web site you shall be deemed to have accepted any revised version which has been posted as aforesaid.

22.       No Partnership

22.1      Nothing contained in these Terms of Use, and no action taken by the parties pursuant to these Terms of Use, will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent or employer and employee. Neither party has, nor may it represent that it has, any authority to act or make any commitments on the other party’s behalf.

23.       Governing Law

23.1      These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales including formation and interpretation and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.

24.       Acceptance of Agreement

YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE.