TrustMark (2005) Limited is the Government Endorsed Quality Mark Scheme.  Registration number 05480144. Registered Office: The Square, Basing View, Basingstoke, RG21 4EB.

TrustMark (2005) Limited reserves the right to update or amend these Terms & Conditions at any time and your continued use of the website, portals and/or services following any change shall be deemed to be your acceptance of such change.  It is therefore your responsibility to check the Terms & Conditions regularly for any changes.

TrustMark may update the website or change content from time to time. These Terms & Conditions were last updated 05 Mar 2019.

These Terms are binding on any use of the Service and apply to a Subscriber from the time that TrustMark, via its third-party supplier, provides a Subscriber with access to the Service. By registering to use the Service a Subscriber acknowledges acceptance of these Terms and confirms that the Subscriber has authority to act on behalf of any Person for whom the Subscriber will use Service.

 

1. Definitions

“Agreement”

means these Terms of Use.

“Confidential Information”

is all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through disclosure by one party without the authority of the other.

“Data”

means any data input by the Subscriber or with the Subscriber’s authority into the Website or Mobile App.

“Intellectual Property Right”

means any patent, trademark, service mark, copyright, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Service”

means the communication, trader search facility and management services made available (as may be changed or updated from time to time by TrustMark via the Website and Mobile App.

“Website”

means the Internet site at the domain www.trustmark.org.uk or any other site operated by TrustMark, or its third-party supplier.

"TrustMark"

means the Government Endorsed Quality Mark scheme

“Invited User”

means any person, other than the Subscriber, that uses the Service from time to time with the authorisation of the Subscriber.

"Registered Business"

means a business that has completed the TrustMark application process and provided data available on the TrustMark website for use for consumers/customers searching for businesses

“Person”

Means any person firm or Company

“Subscriber”

means the Person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that Person registers to use the Service.

 

2. Use of the Service

If the Subscriber or Registered Business uses the Service, TrustMark grants the Subscriber or Registered Business, the right to access and use the Service with the particular user roles available according to the subscription type selected by the Subscriber. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. The Subscriber or Registered Business acknowledges and agrees, subject to any applicable written agreement between the Subscriber and the Invited Users or Registered Business, or any other applicable laws that:

A. The Subscriber or Registered Business determines who is an Invited User and what level of user role access to the Service that the Invited User has;

B. The Subscriber or Registered Business is responsible for the Invited User and manner of use of the Service by all Invited Users

C. In the event of any dispute between a Subscriber and an Invited User or Registered Business and an Invited User regarding access to the Service, the Subscriber or Registered Business shall decide what access or level of access to the relevant Data or Service that Invited User shall have if any.

 

3. Your Obligations

A. The Subscriber must use the Service only for his/her domestic purposes, in accordance with these Terms and any notice sent by TrustMark or condition posted on the Website. The Subscriber may only use the Service on behalf of others or in order to provide services to others.

B. A Registered Business must use the Service only for their internal business purposes, in accordance with these Terms and any notice sent by TrustMark or condition posted on the Website. A Registered Business may only use the Service on behalf of others or in order to provide services to others.

C. The Subscriber or Registered Business must ensure that all usernames and passwords required to access the Service are kept secure and confidential. The Subscriber or Registered Business must immediately notify TrustMark of any unauthorised use of the Subscriber’s or Registered Business’ passwords or any other breach of security and TrustMark will reset the Subscriber’s or Registered Business’ password. The Subscriber or Registered Business must take all other actions that TrustMark reasonably deems necessary to maintain or enhance the security of TrustMark’s computing systems and networks and the Subscriber’s or Registered Business’ access to the Services.

D. As a condition of these Terms, when accessing and using the Services, the Subscriber or Registered Business must not:

Attempt to undermine the security or integrity of TrustMark’s computing systems or networks or, where the Service is hosted by a third party, that third party’s computing systems and networks;

• Use, or misuse, the Service in any way which may impair the functionality of the Service, or other systems used to deliver the Service or impair the ability of any other user to use the Service;
• Attempt to gain unauthorised access to any materials other than those to which the Subscriber or Registered Business has been given express permission to access or to the computer system on which the Service is hosted;
• Transmit, or input into the Website, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which the Subscriber or Registered Business do not have the right to use); and
• Attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website except as is strictly necessary to use either of them for normal operation.

E. As a condition of these Terms, if the Subscriber or Registered Business uses any communication tools available through the Website (such as any forum, chat room or message centre), the Subscriber or Registered Business agrees only to use such communication tools for lawful and legitimate purposes.

The Subscriber or Registered Business must not use any such communication tool for posting or disseminating any material unrelated to the use of the Service, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which the Subscriber or Registered Business do not have the right to use).

When the Subscriber or Registered Business makes any communication on the Website, the Subscriber or Registered Business represents that he or she or it is permitted to make such communication. TrustMark is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Service. As with any other web-based forum, the Subscriber or Registered Business must exercise caution when using the communication tools available on the Website. TrustMark reserves the right to remove any communication at any time in its sole discretion.

F. Indemnity:

The Subscriber or Registered Business hereby indemnifies TrustMark against all claims, costs, damage and loss arising from any breach of any of these Terms or any obligation the Subscriber or Registered Business may have to TrustMark.

 

4. Confidentiality

A. Unless the relevant party has the prior written consent of the other or unless required to do so by law TrustMark, including its third-party supplier, the Subscriber or Registered Business will each preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any Person, or use the same for its own benefit, other than as contemplated by these terms and conditions. TrustMark reserves the right to review any Data provided by the Subscriber or Registered Business for the purposes of improving the Service and ensuring accurate marketing.

B. Each party’s obligations under this clause will continue after the termination of these Terms.

C. The provisions of clauses 5 a) and 5 b) shall not apply to any information which:

• Is or becomes public knowledge other than by a breach of this clause;
• Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
• Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
• Is independently developed without access to the Confidential Information.

5. Intellectual Property

A. General:

Title to, and all Intellectual Property Rights in the Services, the Website, Mobile App and any documentation relating to the Services remain the property of TrustMark (or its licensors).

B. Ownership of Data:

Title to, and all Intellectual Property Rights in, the Data shall remain the property of the Subscriber or Registered Business. The Subscriber grants TrustMark, or its third-party supplier, a licence to use, copy, transmit, store, and back-up the Subscriber’s or Registered Business’ information and Data for the purposes of enabling the Subscriber or Registered Business to access and use the Service and for any other purpose related to provision of services to the Subscriber or Registered Business.

C. Backup of Data:

The Subscriber or Registered Business must maintain copies of all Data input into the Service. TrustMark adheres to its best practice policies and procedures to prevent Data loss, including a daily system Data backup regime but does not make any guarantee that there will be no loss of Data. TrustMark expressly excludes liability for any loss of Data no matter how caused. Should the Subscriber or Registered Business be unable to access the Service the Subscriber or Registered Business must notify TrustMark without delay. No claim for consequential loss or otherwise can be made against TrustMark in respect of any such failure.

D. Third-party applications and the Subscriber’s or Registered Business Data.

If the Subscriber or Registered Business wishes to enable third-party applications for use in conjunction with the Service, the Subscriber or Registered Business authorises TrustMark, or its third-party supplier, to allow the providers of those third-party applications to access the Subscriber’s or Registered Business’ Data as required for the interoperation of such third-party applications with the Service. TrustMark shall not be responsible for any disclosure, modification or deletion of the Subscriber’s or Registered Business’ Data resulting from any such access by any such third-party application providers. Under no circumstances will TrustMark be or become liable for any loss or damage suffered by any such party and the Subscriber or Registered Business hereby indemnifies TrustMark, or its third-party supplier, from and against any claim that may be made by a third party.

6. Warranties and Acknowledgements

A. Acknowledgement:
The Subscriber or Registered Business acknowledges that:

i. The Subscriber or Registered Business is authorised to use the Service and the Website and to access the information and Data that the Subscriber or Registered Business inputs into the Website, including any information or Data input into the Website by any Person or organisation the Subscriber or Registered Business has authorised to use the Service. The Subscriber or Registered Business is also authorised to access the processed information and Data that is made available to the Subscriber or Registered Business through the Subscriber’s or Registered Business’ use of the Website and the Service (whether that information and Data is the Subscriber’s or Registered Business’ own or that of anyone else).
ii. TrustMark has no responsibility to any person other than the Subscriber or Registered Business and nothing in this Agreement confers, or purports to confer, a benefit on any person other than the Subscriber or Registered Business. If the Subscriber or Registered Business uses the Service or accesses the Website on behalf of or for the benefit of anyone other than the Subscriber or Registered Business (whether a body corporate or otherwise) the Subscriber or Registered Business agrees that:
The Subscriber or Registered Business is responsible for ensuring that the Subscriber or Registered Business has the right to do so;
The Subscriber or Registered Business must accept full responsibility for any third-party accessing information or Data whether the Subscriber’s or Registered Business’ employee or another party and whether authorized by the Subscriber or Registered Business or otherwise and the Subscriber or Registered Business will indemnify TrustMark from and against any claim or demand made by such third party against TrustMark.
iii. The Subscriber or Registered Business hereby indemnifies TrustMark against any claims or loss relating to:
TrustMark’s refusal to provide any person access to the Subscribers or Registered Business information or Data in accordance with these Terms,
TrustMark’s making available information or Data to any person on the authority of the Subscriber or Registered Business.
iv. The provision of, access to, and use of, the Service is on an “as is” basis and at the Subscriber’s or Registered Business’ own risk.
v. TrustMark does not warrant that the use of the Service will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. TrustMark does not accept any responsibility for any such interference or prevention of the Subscriber’s or Registered Business’ access or use of the Service.
vi. It is sole responsibility of the Subscriber or Registered Business to ensure that the Service meets the needs of the Subscriber’s domestic purpose or the Registered Business’ internal business purpose and is suitable for the purposes for which the Service is used.
vii. It is the responsibility of the Subscriber or Registered Business to check that storage of and access to the Subscriber’s or Registered Business Data via the Website and Mobile App will comply with the Subscriber’s or Registered Business’ legal obligations (including any laws requiring the Subscriber or Registered Business to retain records).

 

B. Suitability for the Subscriber’s or Registered Business’ purpose

If the Subscriber or Registered Business decides to use the Service , TrustMark will use its reasonable endeavours to enable the Subscriber or Registered Business to access the Service during the period of The Subscriber’s or Registered Business’ subscription but all electronic systems are capable of failure and should the Subscriber or Registered Business be unable to access the Service TrustMark will aim to rectify any fault within 48 hours of receiving notification from you by e-mail of any such failure. TrustMark cannot accept responsibility for any such failure and in no circumstances shall TrustMark be responsible or liable for any consequential loss the Subscriber or Registered Business may suffer.
TrustMark gives no warranty in respect of the Service. Without limiting the foregoing, TrustMark does not warrant that the Service will meet the Subscriber’s or Registered Business’ requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (but without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

C. Consumer warrants:
The Subscriber warrants and represents to TrustMark that the Subscriber is acquiring the right to access and use of the Service for the purposes of a consumer engaging with a Registered Business and that, to the maximum extent permitted by law, any statutory consumer warrants or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms.

7. Limitation of Liability

A. To the maximum extent permitted by law, TrustMark excludes all liability and responsibility to the Subscriber or Registered Business (or any other person or organisation) in contract, tort (including negligence), or
otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

C. If the Subscriber or Registered Business is not satisfied with the Service, the Subscriber’s or Registered Business’ sole and exclusive remedy is to terminate this Agreement in accordance with Clause 7.

8. Termination

A. No-fault termination:
Either party may terminate this Agreement by giving 30-day notice to the other party. 
B. Accrued Rights:
Termination of this Agreement does not extinguish any rights and obligations that may have accrued due to the other party up to and including the date of termination. On termination of this Agreement the Subscriber or Registered Business will immediately cease to use the Services and the Website

9. Help Desk

A. Technical Problems:
In the case of technical problems, The Subscriber or Registered Business must make all reasonable efforts to investigate and diagnose problems before contacting TrustMark. If the Subscriber or Registered Business is unable to resolve any problem and needs technical help, the Subscriber or Registered Business can email support@trustmark.org.uk or telephone 0333 555 1234 for support
B. Service availability:
TrustMark will endeavour to provide the Service and the Website at all times but delays may occur to enable maintenance or other development activity to take place or due to circumstances outside the control of TrustMark and its third-party supplier. TrustMark will use all reasonable endeavours to ensure that any such delay is kept to a minimum but in no circumstances will TrustMark, or its third-party supplier, be or become liable for any consequential loss or damage.

10. Privacy Policy And Cookie Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference to the Privacy Policy and Cookie Policy.

You shall comply with all relevant data protection legislation (as defined in the Data Protection Act 2018) and/or the Company information security policy regarding data protection when processing personal data during your use of the service including; personal data relating to any employee, supplier or agent of the Company.
In order to manage your contract for services and for related purposes, such as updating and enhancing our records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention, we will process, use and disclose personal data about you as is necessary in compliance with data protection legislation and in accordance with the privacy notice annexed to this agreement (“Privacy Policy”).
TrustMark may make such information available to those who provide products or services to the Company, regulatory authorities, governmental or quasi-governmental organisations in accordance with the privacy notice.
TrustMark expects you to inform the appropriate personnel of changes to your personal data in a timely manner.

11. General

A. Entire agreement:
This Agreement, and the terms of any other notices or instructions given to the Subscriber or Registered Business in accordance with this Agreement, supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between the Subscriber or Registered Business and TrustMark relating to the Service and any other matters dealt with in this Agreement.
B. Waiver:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
C. Delays:
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
D. No Assignment:
The Subscriber or Registered Business may not assign or transfer any rights to any other person without TrustMark’s prior written consent.
E. Governing Law
The Agreement shall be governed by and construed in accordance with the laws for the time being in force in England and the parties agree to submit to the jurisdiction of the courts and tribunals of that Country.
F. Severability:
If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, the remainder of this Agreement will be binding on the parties.
G. Notices:
Any notice given under this Agreement and sent by either party to the other must be in writing or by email and will be deemed to have been given on transmission. Notices to TrustMark must be sent to info@trustmark.org.uk or to any other email address notified by email to the Subscriber or Registered Business by TrustMark. Notices to the Subscriber or Registered Business will be sent to the email address which the Subscriber or Registered Business provides when setting up the Subscriber’s or Registered Business’ access to the Service.
H. Rights of Third Parties:
A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.