- About us
- We are TrustMark (2005) Limited (trading as TrustMark), a company registered in England and Wales (company no: 05480144) whose registered office is at Arena Business Centre, The Square, Basing View, Basingstoke, Hampshire, England, RG21 4EB.
- About our terms
- Our website “trustmark.org.uk” and its contents (the Site) provides several products and services. These terms and conditions of use (Terms) explain how you may use the part of the Site known as Property Checker (Property Checker) which can be found at https://property-checker.data-hub.org.uk/ or accessed via an authorised interface (API). These Terms apply between TrustMark (we, us or our) and you, the person accessing or using Property Checker (whether you are an individual or acting on behalf of a legal entity) (you or your).
- You should read these Terms carefully before using Property Checker. By using Property Checker or otherwise indicating your consent, you agree to be bound by these Terms and any additional terms and conditions provided by us. If you do not agree with any of these Terms, you should stop using Property Checker immediately.
- We may prevent or suspend your access to Property Checker if you do not comply with these Terms or any applicable law.
- Property Checker
- Property Checker is designed, maintained and administered by us to provide you with insights and information about the energy efficiency of certain properties and the additional measures that could improve their energy efficiency.
- Property Checker is limited to providing information about the energy efficiency of properties in the United Kingdom only.
- Property Checker is provided subject to limitations of fair and reasonable use, which we will determine in our sole discretion. We may restrict, terminate or suspend any access which is deemed to be excessive or is not or does not appear to be strictly for the use we have agreed with you.
- Commercial use may be permitted where you have entered into a formal written agreement with us and, in that case, your use of Property Checker is also subject to the terms of that agreement.
- Information accessed via Property Checker / Using Property Checker
- We are not responsible for any agreements or arrangements that you may enter into, or any interactions that you may have with third parties on the basis of your use of Property Checker (including the data that you access via Property Checker). We are not responsible to you for any aspect of any third party services or for your agreement with any such third parties.
- You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of Property Checker and any third party websites, products or services accessible from it.
- Should you choose to access Property Checker from outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws where they apply.
- We monitor, review and keep records of your use of Property Checker. We may disclose this information to third parties including property owners and residents upon request..
- Registration and password security
- Use of Property Checker requires registration and/or authentication. We may require you to provide proof of your identity, company, address or any other details we reasonably require to verify your identity. For commercial use, you will also be required to enter into a formal agreement with us prior to any commercial use.
- We are not obliged to permit you to register for or to access Property Checker and we may refuse, terminate or suspend registration at our sole discretion at any time.
- You are responsible for making sure that your password and any other account details are kept secure and confidential.
- If we have reason to believe there is likely to be or has been a breach of security or misuse of Property Checker through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your
- Unacceptable use
- As a condition of your use of Property Checker, you agree not to use Property Checker or any part of our Site or API:
- for any purpose that is unlawful under any applicable law or prohibited by these Terms;
- to promote any unlawful activity (including but not limited to the promotion or sale of any unlawful goods or services);
- for any commercial purposes except where you have entered into a formal written agreement with us permitting such use;
- if you are involved in the assessment or installation of energy efficiency or low carbon heat measures for any recipient of a government awarded grant for those purposes;
- to commit any act of fraud;
- to distribute viruses or malware or other similar harmful software code;
- for undertaking or promoting any unwanted or unsolicited activities including advertising or cold calling, or sending spam;
- to undertake searches on a property for which you do not have the consent of the property owner;
- to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
- in any manner that disrupts the operation of Property Checker, our Site or business or the website or business of any other entity;
- in any manner or for any purpose that is abusive, harmful, threatening or defamatory or may cause offence;
- to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- to in any way infringe the intellectual property rights of us, our licensors or any third party;
- to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
- to attempt to circumvent password or user authentication methods.
- We may terminate or suspend your access to Property Checker without notice for any known or suspected breach of any of the conditions in 1 or where we, in our sole discretion, determine that access should be suspended or terminated for any reason.
- Privacy and personal information
- Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy and Cookie Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
- We do not intend that you will be able to access personal information via Property Checker. If processing falls within the scope of applicable data protection laws, you will become a data controller and are solely responsible for complying with the relevant law.
- If you have reason to believe that you have suffered a data breach affecting data obtained from Property Checker, you must notify us without undue delay. You agree to fully co-operate and to provide all information we and our licensors may require in investigating and remediating the data breach.
- Ownership, use and intellectual property rights
- The intellectual property rights in Property Checker and in any text, images, video, or other multimedia content or other information or material submitted to or accessible from Property Checker (Content) are owned by us and our
- Other trade marks and trade names may also be used on Property Checker or in the Content. Use by you of any trade marks on Property Checker or in the Content is strictly prohibited unless you have our prior written permission.
- Property Checker may include third party services which are governed by third party licences. In particular, certain data within Property Checker is licenced subject to the Ordnance Survey and Royal Mail Copyright and Database Right Notice. Property Checker also contains public sector information, which is licensed under the Open Government Licence v3.0. The latest versions of these licences are accessible via those third parties’ websites. By using Property Checker, you confirm that you have read, agree to, and shall be bound by the terms of applicable third party contracts and will observe any third party terms that are applicable to your use of Property Checker.
- We, our licensors and any relevant third parties reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them and permit/deny use of them as we see fit.
- Nothing in these Terms grants you any legal rights in Property Checker or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on Property Checker or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within Property Checker or the Content.
- You must not to decompile, reverse engineer, translate, disassemble, modify or adapt, observe or study or test the functionality of, attempt to derive the source code of, or in any way misuse Property Checker, the Site or API (and any part of them).
- Accuracy of information and availability of Property Checker
- Property Checker incorporates various data sources to provide you with information about a property, however, these data sources do not always use the most up to date information available and may not include all data that is available about a property. We are not responsible for any omissions in the data, for the accuracy of the data or for any assumptions you may make using the data.
- You are solely responsible for the technology that you need to access Property Checker. We try to make sure that Property Checker is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Any reliance that you may place on the information on Property Checker is at your own risk.
- Property Checker and the information it generates are for your general information purposes only and to inform you of third party products, services and websites that may be of interest, but it has not been tailored to your specific requirements or circumstances.
- The information that Property Checker provides does not constitute technical, financial or legal advice or any other type of advice and should not be relied upon for any purposes. You should always use your own independent judgment when using Property Checker and the Site and seek independent verification or consult with a professional for advice specific to your circumstances.
- While we try to make sure that Property Checker is available for your use, we do not promise that Property Checker will be available at all times or that your use of Property Checker will be uninterrupted.
- We may suspend or terminate access or operation of Property Checker at any time as we see fit.
- Hyperlinks and third party sites
- Where Property Checker includes links to third-party websites or services, such links are provided solely for your convenience and information purposes. We do not endorse the content of such third-party websites or services, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
- You should review the terms and conditions and privacy policies of any third-party websites or services that you visit via hyperlinks or references on the Property Checker tool to understand their practices and your rights.
- Linking and framing
- You may create a link to our Site from another website without our prior written consent provided no such link:
- creates a frame or any other browser or border environment around the content of our Site;
- implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
- displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
- is placed on a website that itself breaches this Policy.
- We reserve the right to require you to immediately remove any link to Property Checker at any time, and you shall immediately comply with any request by us to remove any such link.
- Our responsibility to you
- We are not liable to you for any: a) loss or damage that was not foreseeable (foreseeable meaning that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did, or failed to do); b) loss or damage not caused by our breach or negligence; c) consequential, special, incidental or indirect losses; or (d) business loss or damage. Your sole and exclusive remedy in respect of your use of Property Checker is to cease using it.
- Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
- No Warranty
- Property Checker and its content is provided 'as is' excluding warranties of any kind, either express or implied. To the maximum extent permitted by law, we accept no liability for functions contained on Property Checker and make no warranty that Property Checker will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that Property Checker is compatible with your computer equipment or that Property Checker or its server is free of errors, viruses, worms, or bugs.
- Third party rights
Both us and you have the right to enforce any of these Terms. In addition, our licensors may also enforce these Terms against you.
- Variation
- No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 15.
- We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on Property Checker and by continuing to use and access Property Checker following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
- Law and Jurisdiction
- These Terms shall be governed by and interpreted under the laws of England and Wales and any dispute will be subject to the exclusive jurisdiction of the courts of England.
TrustMark (2005) Limited, t/a TrustMark. Last updated 28.1.25
