Terms of use

These terms of use apply solely to the use of MicroMix website. The sale of any product displayed on this website will be subject to Tarmac’s terms and conditions of sale which are available on the MicroMix website at the bottom of the page under the “Terms and Conditions” tab .

1. TERMS OF WEBSITE USE

This page (together with the documents referred to in it) outline the terms of use for Tarmac’s MicroMix website - https://micromixconcrete.co.uk/ (“Site”). Please read these terms of use carefully before you start using the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.

2. INFORMATION ABOUT US

The Site is operated by Tarmac Trading Limited ("We"/ “Tarmac”). We are a company registered in England and Wales with company number 453791 and have our registered office at Ground Floor, T3 Trinity Park, Bickenhill Lane, Birmingham, B37 7ES. If you wish to obtain any further details in connection with the products and services referred to our Site or any other related information, please contact:

Email: minimix@tarmac.com

Telephone: Yorkshire – 01132 444495; North East – 0191 4924492; & Scotland – 01698 575527 (Contact Us).

Postal Address: Minimix Concrete, C/o. Tarmac Trading Limited, Ground Floor, T3 Trinity Park, Bickenhill Lane, Birmingham, B37 7ES.

Areas Covered: Yorkshire, North East & Scotland (for further details please refer to our Site).

3. ACCESSING OUR SITE

3.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

3.2 You are responsible for making all necessary arrangements for you to be able access the Site. You are also responsible for ensuring that all persons who access the Site through your device are aware of these terms and comply with them.

4. LICENCE

4.1. All visitors to the Site and/or prospective customers using the Site (“Users”) are granted a non-exclusive non-transferable licence to use the Site to access product information, obtain quotes and request orders online, in relation to Tarmac’s MicroMix business operating across Yorkshire, North East and Scotland within the United Kingdom.

4.2. With regards to content (information) available on our Site, subject to the Users complying with these terms of use and such other instructions or terms stated within any documents referenced to herein, Tarmac authorises Users to:

4.2.1. view the Site content on-screen;
4.2.2. obtain copies of the content; and
4.2.3. use the content for the purpose of obtaining quotes and/or requesting orders online.

5. PRODUCT INFORMATION

5.1 Users can find everything they need to know about our products on our Site, or from our sales staff (by contacting them by email or over the telephone) before you order.

5.2 The content on our Site is provided for general information only. It is not intended to amount to advice which a User should rely on in relation to use or application of a product or appropriateness of a particular product for a proposed use. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

5.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

6. GET A QUOTE – REQUEST PROCESS

By providing the information requested under the “Get a quote” section on our Site, Users can obtain quotes for the supply of concrete based on the information provided by a User. These quotes will be shared via email or phone by the MicroMix team. Once a representative of Tarmac’s MicroMix team gets in touch with the details of your quote, Users can choose to place the order through the representative over the phone or through our Site via the “Order Online” tab.

7. ORDER ONLINE - REQUEST PROCESS

7.1. All Users looking to place an order for the products sold via the Site may do so by following the steps on our Site (summary of steps provided below) and providing the necessary details at each step. By completing the steps as directed on the Site, a User can successfully raise an order request for the product(s).

7.2. Steps for raising an order request are as follows:

7.2.1. Selecting the product to be ordered;
7.2.2. Entering the postcode of the delivery location;
7.2.3. Configuring the product including volumes and add-ons;
7.2.4. Adding the selected and configured product to the basket;
7.2.5. Confirming (i) acceptance of the terms and conditions of sale and (ii) receipt and understanding of the safety information;
7.2.6. Proceeding to checkout on payment gateway;
7.2.7. Providing checkout information to complete payment on the payment gateway website hosted and managed by Barclaycard;
7.2.8. If payment is –
(a) successful, the User will receive confirmation of payment and an acknowledgement of receipt of the order request to their email address. At this stage the order is yet to be accepted and confirmed by Tarmac;
or
(b) unsuccessful, the User will be redirected to the checkout page to retry payment or be requested to reinitiate the order request process from the first step; and
7.2.9. Once payment is successful and an acknowledgement of the order request shall provided to the User using the contact details provided when placing the order request.

7.3. Once an order request has been raised, Tarmac’s MicroMix team will process the request and revert within such period of time as is indicated in the acknowledgement (and in any in event within a reasonable period of time) to provide:

7.3.1. Confirmation that the order the order and requested delivery date can be fulfilled as well as reaffirming the delivery details; or
7.3.2. Advise that the order cannot be processed and therefore:

7.3.2.1. Requesting the User to choose an alternate delivery slot; or
7.3.2.2. Offer an option to cancel the order request and refund the amount paid (only where above two options cannot be agreed upon by the User and the MicroMix team).

7.4. No contract for sale of concrete shall come into existence until the order is accepted and the delivery details have been confirmed.

7.5. The contract for the sale of goods and/or services that comes into existence after following the above steps shall incorporate:

7.5.1. Tarmac’s terms and conditions of sale; and
7.5.2. any product specific or consumer related terms provided to the User (if relevant).

8. USER’S RESPONSIBILITIES

8.1. Users are solely responsible for the accuracy and validity of all the information provided by them while using the Site.

8.2. Users acknowledge that because of the nature of the internet there may be interruptions to their ability to access our Site and that having access to our Site is not a substitute for keeping their own physical records relating to the material on our Site.

8.3. With respect to our Site (which does not extend to payment gateway hosted and managed by Barclaycard), Users acknowledge that no web site can be guaranteed to be completely secure and that it is technically possible that the material on our Site could be accessed by unauthorised users.

8.4. In order to access our Site, Users must make their own provisions which includes (but is not limited to) ensuring the compatibility of their computer and telecommunications equipment, relevant software and internet access.

8.5. Users shall not –

8.5.1. Use our Site otherwise than in compliance with these terms of use;
8.5.2. Use our Site or content to violate any law of any applicable jurisdiction;
8.5.3. Exploit our Site for any commercial purpose (other than using the content for the intended commercial purpose(s), i.e. sale of concrete), or make any derivative work of our Site or its content;
8.5.4. Commit a tortious or otherwise wrongful act, including using our Site in any way that is 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; and
8.5.5. Use our Site in any way which may infringe any of our intellectual property rights.

8.6. The usage of the payment service through payment gateway website hosted and managed by Barclaycard shall be subject to Barclaycard’s terms of use. Users acknowledge that the payment gateway is operated by a third party and consent to Barclaycard processing their personal information, including bank details, for the purpose of completing the payment.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. We are either the owner or the licensee of all the intellectual property rights associated with our Site, and the material published on it. The works are protected by copyright laws. All such rights are reserved.

9.2. Users may print off copies, and may download extracts, of any page(s) from our Site for personal reference and may draw the attention of others to material posted on our Site.

9.3. Users must not modify the paper or digital copies of any materials printed off or downloaded in any way, and must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text present on our Site.

9.4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

9.5. Users must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

9.6. If a User prints off, copies or downloads any part of our Site in breach of these terms of use, the User’s right to use our Site will cease immediately and the User must, at our option, return or destroy any copies of the materials in their possession.

10. RELIANCE ON INFORMATION POSTED

While we shall use all reasonable endeavours to ensure that the content of our Site is accurate, the material displayed on our Site is for information purposes only and is provided without any guarantees, conditions or warranties as to its accuracy. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of our Site, or by anyone who may be informed of any of its contents.

11. OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change, refuse or suspend the inclusion of any material at any time without notice. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and while we aim to update the Site, we are under no obligation to update such material.

12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

12.1. We process User information and browsing behaviour in accordance with our privacy notice and our cookie policy. By using our Site, Users consent to such processing, and warrant that all data provided by them is accurate.

12.2. Subject to the relevant laws, our privacy notice and our cookie policy we may disclose your personal details to any third party:

12.2.1. For the purpose of providing content in an efficient manner;
12.2.2. By law;
12.2.3. To enforce or comply with the terms of use of our Site;
12.2.4. To respond to claims that our Site infringes or restricts the rights of any party or;
12.2.5. Any other such purposes listed on in our privacy notice, cookie policy, these terms or the terms and conditions of sale.

13. VIRUSES, HACKING AND OTHER OFFENCES

13.1. Users must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. They must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. Users must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

13.2. By breaching this provision, a User would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing the identity to them. In the event of such a breach, a user’s right to use our Site will cease immediately.

13.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect a User’s computer equipment, computer programs, data or other proprietary material due to a User’s use of our Site or to downloading of any material posted on it, or on any website linked to it.

13.4. Users must take all necessary steps to avoid propagation of any viruses to Tarmac, including working to good industry standards and using commercially recognised and available virus checking systems.

13.5. Users shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site for any purpose, including the development, training, fine-tuning or validation of artificial intelligence (“AI”) systems or models. This includes using or permitting, authorising or attempting the use of:

13.5.1. Any “robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Site or any data, content, information or services accessed via the same.
13.5.2. Any automated analytical technique aimed at analysing text or data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

14. LINKING TO OUR SITE

14.1. Users may establish a link to our Site provided it is done in a way that is fair and legal and does not damage our reputation or take advantage of it, but Users must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2. Users must not establish a link from any website that is not owned by them.

14.3. Our Site must not be framed on any other website, and must not create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice

14.4. If a User wishes to make any use of material on our Site other than that set out above, please contact us at minimix@tarmac.com.

15. LINKS FROM OUR SITE

15.1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information that may be obtained from them.

15.2. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a User’s use of them.

16. USER INDEMNITY

By accessing our Site, each User agrees to indemnify us for any and all costs, losses, claims, damages, proceedings or expenses (including legal costs) and any other liability arising out of a breach of these terms of use and/or any applicable laws and regulations by the Users.

17. WARRANTIES

17.1. Our Site is provided free of charge on an access basis. Users warrant that they have satisfied themselves that our Site is appropriate for the use to which they intend to put it to.

17.2. We do not warrant that:

17.2.1. our Site may be successfully uploaded or downloaded;
17.2.2. access to our Site will be uninterrupted, secure or error free;
17.2.3. any errors in our Site or any software comprising or relating to our Site will be corrected; or
17.2.4. links to third party web sites will be appropriate.

17.3. Except as set out in this clause 17 and clause 18, 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 the User’s favour.

18. LIMITATION OF LIABILITY

18.1. Users acknowledge that our Site is provided free of charge and expressly agree that the following exclusions and limitations of liability are fair as otherwise the amount of damages otherwise awardable to you for a breach by Tarmac of these terms of use would be disproportionately greater than the value of our obligations under these terms of use.

18.2. Except as provided in clauses 17 and 18, we and our 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 use of our Site.

18.3. To the extent permitted under the law, Tarmac excludes and/or limits any liability that may arise in in relation to the User’s usage of the payment gateway operated and managed by Barclaycard.

18.4. Notwithstanding anything to the contrary in these terms of use, 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 confers any right or remedy upon a User which the User would not otherwise be entitled.

19. CONFIDENTIALITY

19.1. Users shall keep confidential, any information acquired relating to or through use of our Site.

19.2. The obligations in 19.1 will not apply to any information which:-

19.2.1. is publicly available or becomes publicly available through no act or omission of the User; or
19.2.2. Users are required to disclose by order of a court of competent jurisdiction.

20. JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21. TRADEMARKS

The registered and unregistered trademarks contained in this website are owned by or licensed to companies within the Tarmac group and nothing contained in these conditions or the Site should be construed as granting any licence or right to use any of these trademarks without our permission.

22. VARIATIONS

We may revise these terms of use at any time by amending this page. Users are expected to check this page from time to time to take notice of any changes we made, as they are binding on all Users. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

23. NO PARTNERSHIP

Nothing contained in these terms and no action taken by either a User or Tarmac pursuant to these terms, will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent or employer and employee. Users must not represent that they have any authority to act or make any commitments on our behalf.

24. RIGHT TO ASSIGN

Users cannot assign the benefit and/or delegate the burden contained in these terms of use without our prior written consent. We may assign the benefit and/or may delegate the burden contained in these terms in relation to our Site, including by appointing any sub-contractor to perform functions in relation operation and maintenance of our Site.

YOUR CONCERNS

For queries or issues in relation to requesting and processing orders, Users can contact us by emailing minimix@tarmac.com or calling on the telephone numbers available on our Site. If you have any queries with respect to your orders or the products please contact the relevant team.

Thank you for visiting our Site.