TERMS AND CONDITIONS

DISCLAIMER AND PURCHASE CONDITIONS FOR THE MUDD CONCRETE WEBSITE

1. INTRODUCTION.

Welcome to the muddconcrete.com website and co-branded versions of the website located at URLs that resolve to the domain name muddconcrete.com (the “Website” or “Site”).  Your use of this Site is subject to certain terms and conditions of use (collectively the “Terms”) set forth below. These Terms are designed to protect both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. BY USING THIS SITE, OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND ONTARIO CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between you (hereinafter, “you” or “your”) and mudd. concrete inc., a corporation incorporated under the laws of Ontario, Canada with its head office at 86 Muir Road South, Burgessville, Ontario, Canada, doing business as mudd. concrete (hereinafter, “us,” “our,” “we,” “MUDD.,” “mudd. concrete,”or “mudd.”), in relation to your use of the Website, the goods and services offered and sold through the Website, and any orders you place through the Website (collectively, the “mudd. concrete services”). Before you place an order, please carefully read these Terms and our Privacy Policy.

If you have any questions about the Terms or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site.

2. USE OF OUR WEBSITE

You agree that:

  • You may only use the Website to make legitimate inquiries or orders;
  • You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities;
  • You also agree to provide correct and accurate email, postal and/or other contact details to us and you acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information);
  • If you do not give us all of the information that we need, we may not be able to complete your order;
  • You will not attempt to interfere or will not interfere in any way with the Site’s networks, or related network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system;
  • You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity;
  • You will not use the Site to engage in conduct that would constitute a civil or criminal offence, or that otherwise violates any city, provincial, national or international law or regulation; and
  • By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

We may impose rules for, and limits on, use of the Site, or restrict your access to the Site, in whole or in part. We have the right to change these rules and/or limitations at any time, in our sole and absolute discretion.

3. INFORMATION ABOUT THE WEBSITE AND THE GOODS

PRODUCT APPEARANCE & VARIATION – mudd. concrete basins, sinks and other products are made by hand using natural materials and therefore all products will vary in patina, colour, appearance, and texture. Naturally occurring pin holes or other surface variations may appear at any time. These variations are not considered a defect and have no bearing on the structural integrity of the piece, but are rather a desirable characteristic of concrete. While we attempt to provide accurate information on the mudd. concrete website, all images should be considered representation only, as the look, feel and aesthetic of each concrete piece is unique, as are screens. 

It is recommended to purchase samples prior to ordering your selected products. Colour samples are as unique as the products themselves, to the effect that these are also considered representation only, in colour variation, feel, texture and aesthetic. Due to variations in computer monitors and the various settings for both brightness and contrast, mudd. concrete cannot guarantee that the colour sample represented in the product image on your computer monitor will exactly match the colour in the physical world. MUDD. has limited control over the outcome of each product, and is therefore not responsible for replacing or repairing products due to these variations. 

CHIPPING/SCRATCHING – Concrete is a very durable material, but may chip if struck with another hard object. Scratches may form on your surface if a sharp or rough object is dragged across the concrete. MUDD. is not responsible for repairing or replacing products that are scratched or chipped.

CRACKING – Cracks can form in concrete from stress, movement, shrinkage, weather (freeze-thaw), or abuse to the product. Hairline surface cracks may develop and are considered acceptable in the concrete industry. MUDD. is not responsible for repairing or replacing products that have or develop hairline cracks. 

STAINING – Our concrete has a sealer applied for water and stain resistance (left in its natural state, unsealed concrete is porous and will stain). After sealing, staining can still occur with highly acidic products left on the surface such as soaps, beauty products, and other harsh chemicals or cleaners such as vinegar, acetone, ammonia, bleach, etc. All sealers used on our concrete products are designed to withstand normal use. Spills should be avoided or cleaned up in a timely fashion to prevent the concrete from staining and/or etching. Staining can also occur if the sealer is compromised (e.g. using abrasive cleaners/pads). 

It is recommended to maintain your concrete frequently with an all natural beeswax. Nevertheless, each piece is beautiful and unique and will gain character over time.

4. PLACING AN ORDER

No contract (“Contract”) in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Order Confirmation (defined below).

To place an order, you will be required to follow the shopping process online and press the “Place Order” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes.

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

5. PAYMENT TERMS & TERMS OF SALE

All product prices listed on the Site are exclusive of shipping charges and sales taxes, customs duties and/or import fees (if applicable). The total cost of an order is the price of the product(s) ordered plus the delivery charge, sales taxes and/or import duties according to the shipping address of your order or as provided in applicable law and regulations, known as Delivery Duty Paid (DDP) shipping. Prices are subject to change at any time. All prices are in Canadian Dollars (CAD).

STRIPE / PAYPAL – Payment can be made via payments systems like PayPal and Stripe. 

Mudd. concrete payment processing services are provided by Stripe and subject to the Stripe Checkout User Terms of Service, which includes Strip Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, and accept that they may be modified by Stripe from time to time. As a condition of mudd. concrete  enabling payment processing services through Stripe, you agree to provide mudd. concrete accurate and complete information about you or your business, and you authorize mudd. concrete to share it and transaction information related to your use of the payment processing services provided by Stripe.

Payment processing services provided by PayPal are subject to the PayPal Acceptable Use Policy. By agreeing to these terms, you agree to be bound by the PayPal Acceptable Use Policy, and accept that they may be modified by PayPal from time to time. As a condition of mudd. concrete enabling payment processing services through PayPal, you agree to provide mudd. concrete accurate and complete information about you or your business, and you authorize mudd. concrete to share it and transaction information related to your use of the payment processing services provided by PayPal.

By clicking on the “Place Order” (or Authorize Payment) button, you are confirming that the credit card or debit card is yours. Credit and debit cards are subject to validation checks and authorization by the credit or debit card issuer.

6. AVAILABILITY OF PRODUCTS

All mudd. concrete products are made-to-order. Mudd. generally does not carry in-stock items. Lead times from placing the order to the time of shipment is between 3 – 4 weeks due to the casting method to create each piece. Our concrete sinks are created by adding colour pigment into the batch, pouring, curing, sealing and finishing the product ready for shipping. Some items can take longer to make.

Once production of your item(s) has begun, changes to orders are not possible. If you need to change any details of your order, please contact us within 48 hrs of placing your order. We will endeavour to accommodate the changes, but this cannot be guaranteed. Mudd. concrete reserves the right to reject such requests at its sole discretion. 

7.  CANCELLATION & RETURN POLICY

Since all mudd. concrete items are custom made to order, we regret that cancellations, returns, or exchanges are not permitted once an order has been accepted. For any queries or changes that need to be made to your order, please contact mudd. concrete via email hello@muddconcrete.com or phone 1-888 510-2893 within 48 hrs of receiving your order acceptance email. Mudd. concrete will endeavour to accommodate changes, but this cannot be guaranteed and mudd. reserves the right to reject such requests at its sole discretion (see Section 6).

8. SHIPPING & DELIVERY OF GOODS

Once your order is ready to be shipped, mudd. concrete will send you a Shipping Confirmation email. Your items will be shipped according to the service and freight company selected at the time of placing your order. Tracking information will be provided via email from the selected freight company.

Should you require an alternate form of shipment, please contact us directly with your inquiry. We reserve the right for additional charges to be applied separately from the initial purchase price, should it be required for the change in shipment requirements.

Mudd. concrete is not responsible for any time guarantees in shipping and will not be responsible for any inconvenience or any monetary loss, penalty, or extra charge of any kind incurred by our customers should any delivery take longer than anticipated.

Once your order has been prepared for shipment or has shipped, we are unable to change the shipping address. In the event the shipper agrees to change the shipping address after your order has shipped, you agree to pay prior to delivery any additional costs which are incurred to change the shipping address.

9. UNABLE TO DELIVER

For the purposes of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to have been “delivered” upon receipt of the product(s) at the designated delivery address, upon signing for the product(s) (for signature required deliveries) at the designated delivery address.

If we are unable to deliver the goods, we will try to find a safe and secure place to leave your parcel. Please note that an order can be delivered to a neighbour, in case a delivery attempt is unsuccessful. Delivery to a neighbour is upon judgment of the driver.

10. DAMAGED MERCHANDISE

Please thoroughly inspect the package / box / crate before signing for delivery. Once you sign for receipt of a delivery, ownership is transferred to you. Damage to the package / box / crate must be immediately reported to the carrier before you sign and noted on the Bill of Lading (for freight deliveries). Please open your box or package to ensure that there was no damage to the product within 24 hrs of delivery. If any damage is found to the contents, please notify mudd. concrete immediately at 1-888 510-2893 so we can initiate a claims process. Save all packaging and products for the carrier to inspect. Make pictures of the condition of the contents to assist us with the claim from the carrier, and also to ensure we can send you a replacement.

Products damaged beyond repair during shipping will be replaced as soon as possible. Please note, this may take the same amount of time as a normal order as all pieces are made to order. However, mudd. concrete will do its upmost to send a replacement as soon as possible.

11. RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery (as defined in Section 9 above).

12. LIABILITY AND DISCLAIMERS

We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your country or region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions. We may also terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, hours of availability of the Site, and we will not be liable to you or to any third party for doing so.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS, OR CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any non-mudd. sites or mobile apps to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-mudd. sites or mobile apps. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL MUDD. CONCRETE, ITS AFFILIATES, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR RESPECTIVE CONTENT OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FAULT OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE AND THE CONTENT OR MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, WHETHER TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF MUDD. OR ITS AFFILIATE OR THEIR RESPECTIVE REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

Due to the open nature of the Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.

13. INTELLECTUAL PROPERTY

The Site, including all of its information and contents such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), are the property of mudd. concrete or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the Site, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site, in whole or in part, for any public or commercial purpose without the specific prior written permission from mudd. concrete. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. Subject to Section 22, we may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

As between you and mudd. (or any other person or company whose marks appear on the Site), mudd. concrete (or the respective person or company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The mudd. concrete logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “mudd. Intellectual Property”) are owned by mudd. concrete and may be registered in Canada and internationally. You agree not to display or use the mudd. Intellectual Property in any manner without mudd.’s prior permission. Nothing on the Site should be construed to grant any license or right to use any mudd. Intellectual Property without the prior written consent of mudd. concrete.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by mudd. concrete. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of Canada, as well as applicable provincial laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website to the extent necessary to make a copy of any order.

mudd. concrete makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of Canada. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

14. INDEMNIFICATION

You agree to defend, indemnify and save and hold mudd., its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

15. WRITTEN COMMUNICATIONS

When using our Site, you accept that communication with us will be mainly electronic, and that such communication will be binding on you and mudd. We will contact you by email, text messages or provide you with information by posting notices on our Site. For contractual purposes, you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

16. REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.

Upon registering, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site. Your password may be used only to review information regarding potential and completed transactions, purchase of products, change your preferences, post content and otherwise access and use the Site and services on the Site in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release mudd. concrete, its affiliates, their respective content and service providers and their respective directors, officers, employees and agents from any and all liability concerning such transactions or activity. You agree to notify mudd. concrete immediately of any actual or suspected loss, theft or unauthorized use of your account or password. MUDD. has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. MUDD. will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

17. POSTED CONTENT AND SUBMISSIONS

As part of your use of the Site and services offered on the Site, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including, but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Site. You hereby grant mudd. a right and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and mudd. concrete in any way and you hereby waive any moral rights to such Posted Content to the fullest extent permitted by law. 

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

  • post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;
  • post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it;
  • post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
  • post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
  • post any chain letter or pyramid scheme; or
  • post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

mudd. concrete does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. MUDD. does not confirm that each user is who he or she claims to be. MUDD. exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither mudd. concrete nor its affiliates, their respective content and service providers, or their respective directors, officers, employees and agents will be liable in any way for such misuse. Because mudd. concrete does not control the behaviour of users or participants on the Site, in the event that you have a dispute with one or more such users, you hereby release mudd., its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents from any actual and consequential, direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action or claims of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute. MUDD. acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If mudd. becomes aware of any Posted Content that allegedly may not conform to these Terms, mudd. may investigate the allegation and determine in its sole and absolute discretion whether to take action in accordance with these Terms. MUDD. has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. MUDD. expects that you will use caution and common sense when using the Site or Services.

MUDD. HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST MUDD. FOR SUCH REMOVAL AND/OR DELETION.

MUDD. IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

18. NOTICES

All notices given by you to us should be given to us preferably via email hello@muddconcrete.com. Subject to and as otherwise specific in Section 14, we may give notice to you at either the email or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website, twenty-four (24) hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

19. BINDING NATURE; ASSIGNMENT

These Terms and our Privacy Policy are binding on you and us and on our respective heirs, successors and assigns and, as indicated herein, are for the benefit of mudd. concrete, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms or our Privacy Policy without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms and our Privacy Policy, or any of our rights or obligations arising under them, at any time.

20. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • Impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government; or
  • any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

21. WAIVER

No failure of mudd. concrete to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the section on Notices (Section 18) above.

22. SEVERABILITY

If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them or contained on or published on our Site represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.

24. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these Terms at any time. You will be subject to the Terms and mudd.’s policies in force at the time that you order products from us or use the Site. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and mudd.’s policies in force at the time that you order products from us.

25. LAW AND JURISDICTION

Any disputes arising out of or relating to these Terms, the Privacy Policy, or use of the Site, the products sold on the Site and the services offered via the Site shall be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to these Terms or your access to or use of the Site must be brought before the courts of the Province of Ontario in the City of Woodstock, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts. MUDD. makes no claim that the Site may be lawfully viewed or that content may be lawfully downloaded.

Insofar as it is permitted under applicable law of the province of your residence, you agree that any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

26. MISCELLANEOUS

You acknowledge and agree that your use of the Site may involve you providing an “electronic signature” indicating your desire to use the Site. Your “electronic signature” indicates your acceptance of these Terms, and your consent to receive communications about these Terms electronically. If you wish to receive communications in another manner, you may contact mudd. concrete via email hello@muddconcrete.com to change your communication preferences.

27. FRENCH LANGUAGE CLAUSE

The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. In the event these Terms are available in a language other than English and the English version and such other version diverge, the English language version of these Terms shall prevail. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.

28. QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our “Contact Us” webpage.

Last modified: March 18th, 2021

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