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.
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.
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.
means the Internet site at the domain www.trustmark.org.uk or any other site operated by TrustMark, or its third-party supplier.
means the Government Endorsed Quality Mark scheme
means any person, other than the Subscriber, that uses the Service from time to time with the authorisation of the Subscriber.
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
Means any person firm or Company
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.
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.
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
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.