Terms & Conditions
TERMS AND CONDITIONS OF WEBSITE USE – ALL USERS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WE MAY MAKE CHANGES TO THESE TERMS – YOU ARE EXPECTED TO CHECK THIS PAGE FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU.
You have been granted access to our site following an agreement between Tarmac - as defined below, and a customer of Tarmac - the “Customer” “Agreement”. Such Customer has nominated you to have access to our site, through which we provide content for use by the Customer and its officers and employees.
WHAT’S IN THESE TERMS?
These terms tell you the rules for using Tarmac’s Connect Customer Portal website https://portal.tarmac-connect.com/ - “our site”.
Access to our site is exclusive to officers or employees of existing Tarmac Customers and is subject to acceptance of these terms of use.
1. WHO WE ARE AND HOW TO CONTACT US
Tarmac’s Connect Customer Portal, https://portal.tarmac-connect.com/, is a site operated by Tarmac Holdings Limited - “we”. We are a limited company registered in England and Wales under company number 7533961 and have our registered office at Portland House, Bickenhill Lane, Solihull, B37 7BQ.
References to “we”, “us”, “our” and “Tarmac” throughout these terms shall refer to Tarmac Holdings Limited and/or, where the context so permits, our subsidiaries, subsidiaries of our holding company from time to time or joint venture companies in which we or our holding company or the subsidiaries of our holding company from time to time directly or indirectly hold shares.
Our main trading address is Portland House, Bickenhill Lane, Solihull, B37 7BQ. Our VAT number is 143 776 102.
To contact us, please email enquiries@tarmac.com.
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
2.1. By using our site:
2.1.1. you confirm that:
2.1.1.1. you accept these terms of use and that you agree to comply with them
2.1.1.2. you agree to terms of the agreement entered into between Tarmac and its Customer relating your use of our site;
2.1.1.3. you are a current officer or employee of an existing Customer of Tarmac;
2.1.1.4. you have the ongoing authority of the Customer to access the Customer’s secure area of our site;
2.1.1.5. you will not access our site if you cease to be an officer or employee of the Customer or if you are informed by the Customer that you are not permitted to do so;
2.1.1.6. you shall use commercially recognised and available virus checking systems and software and in the event that you discover any virus which may compromise our site you shall notify us immediately; and
2.1.1.7. you shall comply with any applicable laws, regulations and conditions governing these Terms of Use or the activities envisaged by these Terms of Use;
2.1.2. you acknowledge that:
2.1.2.1. nothing on our site is intended to be nor should be construed as an offer by us to
enter into a contractual relationship and you agree not to attempt to enter into a contractual relationship with us through use of our site save that you are permitted to take the pre-contractual steps which are involved in the use of our ‘Request a Call Off Facility’;
2.1.2.2. by the nature of internet access and use there may be an interruption in the availability of our site;
2.1.2.3. no website can be guaranteed to be completely secure and that it is technically possible that any content on our site may be accessed by unauthorised users; and
2.1.2.4. you have satisfied yourself that use of our site is compatible with your computer and telecommunications equipment and software;
2.1.3. you agree not to:
2.1.3.1. unlawfully use our site;
2.1.3.2. make available to any third party, exploit for any commercial purpose - other than for the purposes permitted pursuant to clause 8.1, or make any derivative work of our site;
2.1.3.3. commit a tortious or otherwise wrongful act, including post or communicate any materials to our site or in any way use our 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;
2.1.3.4. upload or otherwise transmit any material or otherwise use our site in any way which may infringe any intellectual property rights of any natural or legal person;
2.1.3.5. upload or otherwise transmit any unsolicited or unauthorised advertising or any other form of solicitation;
2.1.3.6. upload or otherwise transmit any material that contains computer software viruses, harmful computer code, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
2.1.3.7. upload or otherwise transmit any other computer code, files or programs not approved by us; and
2.1.3.8. obtain or attempt to obtain unauthorised access to our 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 our site by any means other than the interface and procedure that is provided to you.
2.2. In respect of the access temporarily granted to you by the Primary User nominated by the Customer, you:
2.2.1. acknowledge that login details are for the sole use of the person to whom they are issued;
2.2.2. confirm that you shall maintain the confidentiality of your login and shall not share your password or other account access information with any other party, temporarily or permanently;
2.2.3. confirm that in the event that you become aware that your login details have been compromised or may have been used in an unauthorised way, you shall immediately notify Tarmac;
2.2.4. agree, for security reasons, that you will choose a password within the following parameters:
- a: A minimum of eight characters;
- b: A mixture of upper and lower case characters;
- c: Use at least one number;
- d: Use at least one symbol - e.g. !@#$%^&*\\);
- e: Does not contain part of username; and
- f: does not contain first or last name;
2.2.5. acknowledge that Tarmac shall not be liable for any unauthorised or improper use or disclosure of any password; and
2.2.6. acknowledge that Tarmac reserves the right to withdraw your login at anytime at its absolute discretion and without any notification or explanation.
If you do not agree to these terms or do not have the authority of the Customer, you must not use our site.
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
3.1. These terms of use refer to the following additional terms, which also apply to your use of our site:
3.1.1. Our Privacy Policy https://portal.tarmac-connect.com/, and click ‘Privacy statement’. See further under ‘How we may use your personal information’. 3.1.2. Our Cookie Policy https://portal.tarmac-connect.com/, and click ‘Cookie policy’, which sets out information about the cookies on our site.
3.1.3. If you purchase goods from our site, our Terms and Conditions of Supply https://www.tarmac.com/terms-and-conditions/ will apply to the sales.
4. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 31 October 2019.
5. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
6. WE MAY SUSPEND OR WITHDRAW OUR SITE
6.1 Our site is made available free of charge.
6.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
7.1. We may assign our rights and obligations under these terms to another organisation.
7.2. You may not assign your rights or obligations under these terms without our prior written consent which we may at our absolute discretion withhold.
8. HOW YOU MAY USE MATERIAL ON OUR SITE
8.1. LICENCE
8.1.1. Tarmac grants you a non-exclusive non-transferable licence to use our site to receive information from us relating to commercial activities between us and the Customer and to use our ‘Request to Call Off’ facility. For these purposes you may display, view and obtain copies of content from our site and otherwise use our site in accordance with these Terms.
8.1.2. We may suspend your access to our site or any part of it at any time for any reason. We may terminate your right to access our site at any time without notice.
8.1.3. You acknowledge and agree that unlawful or unauthorised use by you of our site may give rise to a claim against you AS AN INDIVIDUAL and/or be a CRIMINAL OFFENCE.
8.2. INTELLECTUAL PROPERTY
8.2.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by Tarmac.
8.2.2. You may print off one copy, and may download extracts, of any pages from our site only to the maximum extent necessary for the purpose of fulfilling your role within the Customer’s organisation relating to the Customer’s account with Tarmac and you may draw the attention of others within the Customer’s organisation to content posted on our site for the same purpose.
8.2.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.2.4. Our status - and that of any identified contributors, as the authors of content on our site must always be acknowledged.
8.2.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.2.6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.2.7. ‘Tarmac’ and ‘the circle logo’ are registered trade marks of Tarmac. You are not permitted to use them without our approval.
8.3. WEBSITE LINKS
8.3.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
8.3.2. We have no control over the contents of those sites or resources and subject to clause 12 Tarmac accepts no responsibility or liability for the contents of other web sites which are not under the control of Tarmac.
8.3.3. You may not create a link to our site.
9. HOW WE MAY USE YOUR PERSONAL DETAILS
YOU SHOULD READ THIS CLAUSE CAREFULLY
9.1. Subject to compliance by Tarmac with applicable law and its privacy policy, we may disclose your personal details to any third party if such disclosure is necessary:
9.1.1. For the purpose of providing our site to third parties who do business with us in an efficient manner;
9.1.2. By law; or
9.1.3. To enforce or comply with the terms of our Agreement with the Customer; or to respond to claims that our site infringes or restricts the rights of any party.
10. DO NOT RELY ON INFORMATION ON THIS SITE
10.1. We shall use reasonable efforts to ensure that any content which we uploaded to or published on our site is accurate.
10.2. We reserve the right at any time, without notice, to move, remove, suspend or refuse the inclusion of any material on our site.
11. WARRANTIES
YOU SHOULD READ THIS CLAUSE CAREFULLY
11.1. Our site is provided free of charge on an access basis. You warrant that you have satisfied yourself that our site is appropriate for the use to which you intend to put it.
11.2. Since our site is provided free of charge and via the internet, we do not warrant that:
11.2.1. our site may be successfully uploaded or downloaded;
11.2.2. your access to our site will be uninterrupted, secure or error free;
11.2.3. any errors in our site or any software comprising or relating to our site will be corrected; or
11.2.4. links to third party web sites will be appropriate. 11.3. Except as set out in this clause 11 and clause 12.3 - Limitation of Liability: we hereby exclude to the fullest extent permissible by law, all conditions, warranties and stipulations, express - other than those expressly set out in these Terms, or implied, statutory, customary or otherwise which, but for such exclusion would or might subsist in your favour.
12. LIMITATION OF LIABILITY
YOU SHOULD READ THIS CLAUSE CAREFULLY
12.1. You acknowledge that our 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 would be disproportionately greater than the value of our obligations under these Terms.
12.2. Except as provided in clause 11 - Warranties and 12.3, 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 our site. THIS MEANS THAT Tarmac HAS NO LIABILITY TO YOU FOR YOUR USE OF OUR SITE EXCEPT AS STATED IN CLAUSE 12.3.
12.3. Notwithstanding anything to the contrary in these Terms, we do not exclude our liability - if any, to you for personal injury or death resulting from our, or our officers, employees, agents and/or sub-contractors, negligence, for fraud, or for any other matter which will be illegal for us to exclude or to attempt to exclude our liability but nothing in this Clause 12 confers any right or remedy upon you to which you would not otherwise be entitled.
13. CONFIDENTIALITY
13.1. You will keep confidential any information you acquire relating to or through your use of our site.
13.2. The obligations in 13.1 will not apply to any information which:-
13.2.1. is publicly available or becomes publicly available through no act or omission of yours; or
13.2.2. you are required to disclose by order of a court of competent jurisdiction.
14. ENTIRE AGREEMENT/NO RELIANCE
14.1. These Terms of Use together with any document expressly referred to within them including the Privacy Policy and Agreement between Tarmac and the Customer 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 enquiries@tarmac.com 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 our site. You agree to check frequently our site for any revised versions of these Web Site Terms of Use and by your use of our 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
24.1. YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE.
25. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
25.1. If you wish to complain about content uploaded by other users, please contact us on enquiries@tarmac.com.
