Data Feed and Report Terms

TERMS AND CONDITIONS FOR MARTELLO’S RESIDENTIAL AND COMMERCIAL ENVIRONMENT REPORTS, AND LOCAL AUTHORITY SEARCH DATA FEED

The following definitions and rules of interpretation apply in these Conditions.

1.2.1 Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision:

    (a) is a reference to it as amended, extended or re-enacted from time to time; and

    (b) shall include all subordinate legislation made from time to time under that legislation or legislative provision.

1.2.2 Words in the singular includes the plural and vice versa.

1.2.3 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2.4 A reference to writing or written includes email but not fax.

2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2 The Order shall only be deemed to be accepted when Martello: (i) issues written acceptance of the Order; or (ii) performs the Services in accordance with the Order (whichever is the earliest), at which point and on which date the Contract shall come into existence (Commencement Date).

2.3 Any samples, drawings, descriptive matter or advertising issued by Martello, and any descriptions or illustrations contained on the Martello Website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.4 These Conditions and the Privacy Policy apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate including, without limitation, anything to the contrary contained in an Order or which are implied by law, trade custom, practice or course of dealing.

3.1 The Customer shall rely on its own skill and judgement in determining the suitability of a Service and its corresponding Deliverable and shall ensure each Order is within and adheres to the Scope.

3.2 Before placing an Order, the Customer will carefully check that the correct address and details relating to the Property are provided to Martello.

3.3 The Customer acknowledges and agrees that the performance of the Services and the delivery of each Deliverable is provided on the following basis:

    3.3.1 Martello does not warrant the accuracy, completeness or appropriateness of the Content as such Content is, in part, derived from Third Party Suppliers;

    3.3.2 Martello does not claim that the Content represents an exhaustive or comprehensive list of all sources that might be consulted in connection with the performance of the Services;

    3.3.3 Martello does not guarantee that all risks, features and (where relevant) past and current uses which may affect the Property will be identified in a Deliverable;

    3.3.4 in producing a Deliverable, Martello shall not verify the Content incorporated into that Deliverable, for example (but without limitation) Martello shall not undertake a physical inspection of the Property; and

    3.3.5 each Deliverable is an indication of the results and risks that may be identified at the Property. Accordingly, the Customer shall, on receipt of a Delivery, conduct such reasonable inspections of the Property and undertake further enquires to satisfy itself that the results and risks (if any) indicated in the Deliverable are accurate and that there are no apparent defects or failures with respect to the description and location of the Property that were not identified during the performance of the Services (and should have been given the Specification of the Service Ordered).  The Customer shall, if such defects or failures were not identified as part of the performance of the Services, promptly inform Martello that it should be aware of any such defect or failure and Martello shall, in its absolute discretion, determine the action (if any) required to resolve the defect or failure.

3.4 Subject to the Customer's compliance with the Scope, Martello shall supply the Services to the Customer in accordance with the Specification in all material respects.

3.5 Martello shall use all reasonable endeavours to meet any performance dates specified in an Order, the Specification and/or on the Martello Website, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. Martello does not guarantee that the delivery of the Deliverables shall be uninterrupted or error free.

3.6 Martello reserves the right to amend the Specification and the Scope from time to time and if necessary to comply with any applicable law or regulatory requirement.  The Specification and Scope that is published on the Martello Website or that Martello issues to the Customer immediately in advance of or around the time of an Order shall apply to that Order in substitution of and to the exclusion of all historic Specifications and Scopes.

3.7 Martello warrants to the Customer that the Services will be provided using reasonable care and skill.

3.8 The Customer may, subject to these Conditions at all times, make the Deliverables available to the following:

   3.8.1 the current owner of the whole or part of the Property (the Owner);

    3.8.2any person who purchases or intends to purchase the Property (a Buyer);

    3.8.3 any person (other than the Owner or a Buyer) who has or acquires an interest in the Property (an Interested Party);

    3.8.4 any person who shall or may provide funding to the Owner, a Buyer or an Interested Party in connection with the Property; and

    3.8.5 any person acting in a professional capacity on behalf of those persons described in Conditions 3.8.1 to 3.8.4 in relation to the Property (where that person is not the Customer but excluding any insurance provider and/or insurance broker) (Professional Conveyancer),

    (the Beneficiaries).

3.9 The Beneficiaries shall be entitled to rely on the Deliverables as if they had been addressed to them, and such person and Martello shall be entitled to rely on and enforce these Conditions as if the Beneficiary were the entity placing the Order provided always that the Beneficiary to whom the Deliverables are made available accepts these Conditions in full.

4.1 The Customer shall:

    4.1.1 ensure that the terms of the Order and all information it provides in connection with the Order including, without limitation, the address of the Property, are complete and accurate;

    4.1.2 co-operate with Martello in all matters relating to the Services;

    4.1.3 provide Martello with such information and materials as Martello may reasonably require in order to perform the Services, and ensure that such information is complete and accurate in all material respects; and

    4.1.4 obtain and maintain all necessary licences, permissions and consents which may be required in connection with the performance and acceptance of the Services in advance of and throughout the term of this Contract.

4.2 If Martello's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation including, without limitation, its failure to adhere to the Scope (Customer Default):

    4.2.1 without limiting or affecting any other right or remedy available to it, Martello shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Martello's performance of any of its obligations;

    4.2.2 Martello shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Martello's failure or delay to perform any of its obligations as set out in this Condition 4.2; and

    4.2.3 the Customer shall reimburse Martello on written demand for any costs or losses sustained or incurred by Martello arising directly or indirectly from the Customer Default.

5.1 The Charges for a Service shall be the sum:

    5.1.1 set out on the Martello Website immediately before the Customer places an Order; or

    5.1.2 notified to the Customer in writing by Martello or on Martello's behalf (i.e. via a Reseller) immediately before the Customer places an Order.

5.2 Martello shall invoice the Customer on completion of the Services.

5.3 The Customer shall pay each invoice submitted by Martello:

    5.3.1 within 30 days of the date of the invoice; and

     5.3.2 in full and in cleared funds to a bank account nominated in writing by Martello, and time for payment shall be of the essence of the Contract.

5.4 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Martello to the Customer, the Customer shall, on receipt of a valid VAT invoice from Martello, pay to Martello such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

5.5 If the Customer fails to make a payment due to Martello under the Contract by the due date, then, without limiting Martello's other rights and remedies under the Contract or at law, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Condition 5.5 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

5.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by Martello (or its licensees and/or Third Party Suppliers).

6.2 The Customer and each Beneficiary may make up to six copies of each Report only.  Copies of the Report may be provided to other Beneficiaries for information purposes only.  Further copies of a Report may not be made without Martello's prior written approval and may, at the discretion of Martello, incur an additional charge.

6.3 Martello grants to the Customer, or shall procure the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy each Report Ordered (but not to modify a Report) and to copy and modify each Data Feed Ordered for the purpose of receiving and using the Services in connection with the conveyance of a Property.

6.4 Where the Customer is a Reseller or a Professional Conveyancer, it shall be permitted to sub-license, assign or otherwise transfer the rights granted in Condition 6.3 to any one or more of the Beneficiaries.

6.5 Subject to Condition 6.4, the Beneficiaries shall not sub-license, assign or otherwise transfer the rights granted in Condition 6.3.

6.6 Subject to Conditions 6.4 and 6.5, the Customer shall not sub-license, assign or otherwise transfer the rights granted in Condition 6.3.

6.7 The Customer grants Martello a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Customer to Martello for the term of the Contract for the purpose of providing the Services to the Customer.

6.8 The Customer and each Beneficiary shall not (subject to Condition 6.9):

    6.8.1 remove, suppress or modify any trademark, copyright or other proprietary marking belonging to Martello or any Third Party Supplier from a Report;

    6.8.2 create any product which is derived directly or indirectly from the Content or combine the Content with or incorporate the Content into any other information, data or service; and

    6.8.3 re-format, add to or otherwise change any Content contained in a Report.

6.9 Conditions 6.8.2 and 6.8.3 shall not prevent a Professional Conveyancer that is the Customer or a Beneficiary from providing written advice based upon the Deliverable to other Beneficiaries.

6.10 The Customer and the Beneficiaries shall notify Martello of any requirement to disclose, publish or disseminate any information contained in the Report in accordance with the Information Access Regime.

6.11 Any and all mapping contained in a Report is protected by Crown Copyright and must not be used for any purpose outside the context of the Report and these Conditions.

The Martello Privacy Policy (as updated from time to time) applies to Martello's use of any information (including personal data) provided by the Customer to Martello in connection with the performance of the Services (and otherwise).

8.1 The Customer and each Beneficiary acknowledge and agree that the Content that the Services are based on is derived, in part, from third party sources.  Accordingly, Martello cannot and does not warrant or guarantee the accuracy, completeness or appropriateness of the Content or the Deliverables upon which such Content is based.  In placing an Order and accepting these Conditions, each Customer and Beneficiary accepts that the Content is provided on an 'as-is' basis and shall undertake to perform its own due diligence on the appropriateness, accuracy and suitability of the Deliverables received. 

8.2 Martello shall be liable, subject to the remainder of this Condition 8, to the Customer and each Beneficiary (if different from the Customer but acknowledging and agreeing that nothing in these Conditions shall entitle any person to recover twice (whether directly or indirectly) any loss or seek recovery of any loss twice irrespective of whether such person's interest in the Property changes) for loss caused by the negligence of Martello in performing the Services only. Martello shall not be liable in any other circumstances to the Customer or to any Beneficiary including, without limitation:

    8.1.1 for any error in a Deliverable resulting from inaccuracy, corruption or omission of information and data provided by a third party, the Customer or any Beneficiary, or from computer malfunction or corruption of data whilst in the course of processing, except to the extent that Martello should reasonably have been alerted to such error;

    8.1.2 if a Deliverable is used for any purpose other than the purpose for which is what intended to be used (as described in the Specification). For example, if a Report is designed for residential Property, Martello shall have no liability to any party if that Report is relied upon in connection with a commercial Property;

    8.1.3 for any errors, omissions or misstatements or delays in the provision of any third party service, data, software, information, Content, functionality, risk models, risk assessments, professional opinions and the like used directly or indirectly or to any extent in relation to the production, content, creation or distribution of a Deliverable including, without limitation, any errors or omissions in: the parsing or transformation of JSON; the onward mapping of a Deliverable onto the Customer's IT system or the IT system or a Beneficiary (if different); a display, format or presentation of a Deliverable; and/or

    8.1.4 for any insurance policy purchased in connection with any risk identified in a Deliverable.  Independent advice should always be sought as to which insurance policy is suitable.

8.3 References to liability in this Condition 8 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.4 Nothing in this Condition 8 shall limit the Customer's payment obligations under the Contract.

8.5 Nothing in the Contract limits any liability which cannot legally be limited, including (but not limited to) liability for:

    8.5.1 death or personal injury caused by negligence; and

    8.5.2 fraud or fraudulent misrepresentation.

8.6 Subject to Condition 8.5 (Liabilities which cannot legally be limited) and Condition 8.7 (excluded types of loss), Martello's total liability to the Customer for all loss or damage suffered in connection with.

    8.6.1 the production of a Report shall not exceed £10,000,000 in aggregate; and

    8.6.2 the delivery of a Data Feed shall not exceed £50,000 in aggregate.

8.7 Subject Condition 8.4 (No limitation of customer's payment obligations) and Condition 8.5 (Liabilities which cannot legally be limited), this Condition 8.7 sets out the types of loss that are wholly excluded:

    8.7.1 loss of profits.

    8.7.2 loss of sales or business.

    8.7.3 loss of agreements or contracts.

    8.7.4 loss of anticipated savings.

    8.7.5 loss of use or corruption of software, data or information.

    8.7.6 loss of or damage to goodwill; and

    8.7.7 indirect or consequential loss.

8.8 Martello has given commitments as to compliance of the Services with relevant specifications in Condition 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

8.9 Martello has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £10,000,000 per claim. The limits and exclusions in this Condition reflect the insurance cover Martello has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

8.10 Unless the Customer notifies Martello that it intends to make a claim in respect of an event within the notice period, Martello shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

8.11 This Condition 8 shall survive termination of the Contract.

9.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

9.2 Assignment and other dealings.

    9.2.1. Martello may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

    9.2.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Martello.

9.3 Confidentiality

    9.3.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Condition 9.3.2.

    9.3.2 Each party may disclose the other party's confidential information:

        (a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this Condition 9.3; and

        (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

    9.3.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.

    9.3.4 Neither party shall make any public statement about the other party or the Contract between them without the other party's prior written consent.

9.4 Entire agreement.

    9.4.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

    9.4.2 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

9.5 Variation. Martello shall be free to vary these Conditions in its absolute discretion from time to time.  The version of these Conditions that were in place at the time of placing the relevant Order shall apply to that Order and the corresponding performance of the Services and delivery of the Deliverables.

9.6 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

9.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Contract deleted under this Condition 9.7 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

9.8 Notices.

    9.8.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).

    9.8.2 Any notice or communication shall be deemed to have been received:

        (a) if delivered by hand, at the time the notice is left at the proper address; or

        (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting.

    9.8.3 This Condition 9.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

9.9 Third party rights. Subject to Condition 3.9, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

9.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

9.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

9.12 Complaints. Details of any complaints the Customer or any Beneficiary may have concerning the performance of the Services should be sent to https://www.martello.app/complaints

9.13 The Property Ombudsman. If the Customer and/or a Beneficiary makes a complaint and Martello is unable to resolve it satisfactorily, the complaint may be referred to The Property Ombudsman via The Property Ombudsman website: www.tpos.co.uk or by email: admin@tpos.co.uk. Martello will co-operate fully with the Ombudsman during an investigation and comply with the Ombudsman’s final decision.

9.14 The Search Code. In performing the Services, Martello shall comply with the Search Code.

1.1. LAND USE RESTRICTIONS (APPLICABLE TO ALL COMMERCIAL PROPERTIES): 

1.2 The following limitations apply to all variations of the Martello Commercial Lite Environmental Report, including (but not limited to):

    1.2.1 Commercial Lite

    1.2.2 Commercial Lite + Climate Change

    1.2.3 Commercial Lite + Planning

    1.2.4 Commercial Lite + Climate Change + Planning

1.3 To ensure the proper performance of the Services, the following land use restrictions apply to all Reports Ordered that relate to a commercial Property (unless agreed otherwise in writing and in advance). A failure to adhere to these restrictions is likely to result in a Report being deemed inappropriate for its intended use and Martello shall have no liability to the Customer or a Beneficiary in such circumstances.

1.3.1 Permitted Land Uses: The Property must not anticipate a change of use and must reasonably fall within one of the following planning classes, meeting the specified suitability criteria:

        (a) Offices

            (i) Use Class E(g)(i): Office spaces not involving industrial or manufacturing processes, suitable for residential areas.

            (ii) Suitability: No exclusions.

        (b) Research and Development

            (i) Use Class E(g)(ii): Properties for research and development of products or processes.

            (ii) Suitability: Excludes large-scale chemical research laboratories.

        (c) Industrial Processes

            (i) Use Class E(g)(iii): Light industrial processes suitable for residential areas.

            (ii) Suitability: No exclusions. Examples include double glazing assembly, cardboard box manufacture, plastic product manufacture, small vehicle repair shops.

        (d) Shops and Retail Outlets

            (i) Use Class E(a): Properties for the sale of goods to the public (excluding hot food takeaways).

            (ii) Suitability: Excludes shops connected to fuel retail premises.

        (e) Financial and Professional Services

            (i) Use Class E(c)(ii): Professional services (e.g., solicitors, accountants) excluding health or medical services.

            (ii) Use Class E(c)(i): Financial services (e.g., banks).

            (iii) Use Class E(c)(iii): Other commercial services (e.g., estate agents, employment agencies).

            (iv) Suitability: No exclusions.

        (f) Health and Medical Services

            (i) Use Class E(e): Medical or health services (excluding residential care).

            (i) Suitability: No exclusions.

        (g) Crèches, Day Nurseries, and Day Centres

            (i) Use Class E(f): Childcare and educational services on a day basis.

            (ii) Suitability: No exclusions.

        (h) General Industrial Uses

            (i) Use Class B2: Industrial processes suitable for non-residential areas due to noise, emissions, or other factors.

            (i) Suitability: Excludes sites with Environmental Permits.

        (i) Storage and Distribution

            (i) Use Class B8: Properties for storage and distribution, including warehouses.

            (ii) Suitability: No exclusions.

        (j) Hotels

            (i) Use Class C1: Hotels, boarding, and guest houses without significant care elements.

            (ii) Suitability: No exclusions.

        (k) Public Houses and Drinking Establishments

            (i) Use Class Sui Generis: Public houses, wine bars, or drinking establishments, including those with expanded food provision.

            (ii) Suitability: No exclusions.

        (l) Cinemas, Concert Halls, Bingo Halls, and Theatres

            (i) Use Class Sui Generis: Entertainment venues with unique operational characteristics.

            (ii) Suitability: No exclusions.

        (m) Venues for Indoor Sports and Recreation

            (i) Use Class E(d): Properties for indoor sports, fitness, or recreation activities.

            (ii) Suitability: No exclusions.

        (n) Car Showrooms

            (i) Use Class Sui Generis: Car showrooms and vehicle display and sales premises.

             (ii) Suitability: Excludes facilities with car repair and bodywork services.

        (o) Railway Infrastructure

            (i) Suitability: Includes tracks but excludes maintenance repair or goods yards.

    1.3.2 Explicit Exclusions: The following land uses are explicitly excluded from our Reports:

        (a) Petrol Stations

        (b) Heavy Industries (e.g., Chemical Manufacturing)

        (c) Sites with Environmental Permits (e.g., Waste Transfer and Processing, Car Dismantling, Landfills)

        (d) Military Land

        (e) Crematoriums

         (f) Oil Storage

         (g) Ports and Marinas (due to risks to Controlled Waters)

         (h)Any site intending to change its use

    1.3.3. The exclusions listed in paragraph 1.3.2 of this Appendix is not exhaustive but is intended to provide clarify and eliminate any ambiguity regarding our restrictions.

1.4 LAND USE RESTRICTIONS (APPLICABLE TO RESIDENTIAL PROPERTIES)

    1.4.1 The following inclusion and exclusions apply to all variations of the Martello Residential Environmental Report, including but not limited to:

        (a) Enviro

        (b) Enviro + Climate Change

        (c) Enviro + Planning

        (d) Enviro + Climate Change + Planning

        (e) CON29M

    1.4.2 To ensure the accuracy and relevance of our assessments, the following land use restrictions apply to all Reports Ordered that relate to a residential Property (unless agreed otherwise in writing and in advance). A failure to adhere to these restrictions is likely to result in a Report being deemed inappropriate for its intended use and Martello shall have no liability to the Customer or a Beneficiary in such circumstances..

        (a) Permitted Land Uses: The Property must have a residential use and must continue to have a residential use after purchase. Additionally, the Property is expected to have no notable alterations made to it after the report is created.

        (b) Third-Party Follow-On Reports: Our Reports may recommend or facilitate access to third-party follow-on reports, including, but not limited to, the Follow-On Flood Review. Please note that while Martello acts as a facilitator in connecting clients with these third-party services, the professional indemnity (PI), quality, design, operating procedures, and service level agreements (SLAs) of such follow-on reports are entirely the responsibility of the third-party provider. Martello does not oversee or guarantee the content, accuracy, or quality of third-party follow-on reports. We encourage clients to review the terms and conditions of the third-party provider before commissioning such reports. Any concerns or disputes related to these follow-on reports must be addressed directly with the third-party provider.

2.1 The following limitations and exclusions apply to Local Authority Search Data Feeds and Martello shall have no responsibility or liability to the Customer, any Beneficiary or any third party that:

2.1.1 misuses or inaccurately inputs any data into an Order including, without limitation, inputting the Property details incorrectly and/or answering an additional enquiry incorrectly and/or incompletely;

2.1.2 interprets a Deliverable incorrectly;

2.1.3 does not have an IT system that complies with the minimum system requirements notified to the Customer from time to time whether such notification is in the Specification, on the Martello Website or via an alternative means and/or experiences system downtime and/or network failures;

2.1.4 does not maintain an adequate connection to the internet that permits the safe receipt of a Deliverable;

2.1.5 varies, amends and/or intercepts a Data Feed, other than as expressly permitted by Martello;

2.1.6 is a consumer or personal user operating outside of a business. The Data Feeds are provided for professional business users including, without limitation, professional search agents only;

2.1.7 relies on the Data Feed as advice and/or a recommendation. The Data Feeds are provided as indicative only in accordance with Condition 3.3.5.