Background
These terms of use tells you the terms of use on which you may make use of our websites: www.ciphersent.co.uk; app.ciphersent.uk; www.ciphersent.uk; and www.ciphersent.com; www.securematters.co.uk (“our sites”), whether as a guest or a subscriber. Use of our sites includes uploading data for the purposes of secure transfer to a recipient who is allowed to download that data as required.

Please read these terms of use carefully before you start to use our sites, as these will apply to your use of our sites. We recommend that you print a copy of this for future reference.

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our sites.

Information About Us
Our sites are operated by Secure Matters Limited (“We”). We are registered in England and Wales under company number 09612043 and our registered office is at C4DI @TheDock, 31-38 Queen St, The Fruit Market, Hull, HU1 1UU.

Prohibited Uses
You may use these sites only for lawful purposes. You may not use these sites:
● In any way that breaches any applicable local, national or international law or regulation.
● In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
● For the purpose of harming or attempting to harm minors in any way.
● For unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive material;
● For material which facilitates illegal activity;
● For materials which depicts sexually explicit images;
● For materials which promotes unlawful violence;
● For materials which is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
● In a manner that is otherwise illegal or causes damage or injury to any person or property;
● To send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use.
● To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
● To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:
● Not to reproduce, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, resell, distribute, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of these sites in contravention of the provisions of our terms of use.
● Not to access without authority, interfere with, damage or disrupt:
● any part of these sites;
● any equipment or network on which these sites are stored;
● any software used in the provision of these sites; or
● any equipment or network or software owned or used by any third party to provide these sites.

Suspension and Termination
We have the discretion to determine whether there has been a breach of these terms of use through your use of these sites. When a breach of these terms of use has occurred, appropriate action may be taken.
Failure to comply with these terms of use constitutes a material breach, and may result in all or any of the following actions:
● Immediate, temporary or permanent withdrawal of your right to use these sites.
● Immediate, temporary or permanent removal of any posting or material uploaded by you to these sites.
● Issue of a warning to you.
● Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
● Further legal action against you.
● Disclosure of such information to law enforcement authorities as is reasonably necessary.
We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited, and any other reasonably appropriate action may be taken.

Changes to These Terms
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to Our Sites
We may update our sites from time to time.
We do not guarantee that our sites will be free from errors or omissions.

Accessing Our Sites
Our sites are made available via subscription plans.
We do not guarantee that our sites will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our sites without notice. We will not be liable to you if for any reason our sites are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our sites.
You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our sites. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Limitation of Our Liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our sites, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our sites.

Please note that in particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Uploading to Our Sites
The subscription holder can upload data to a secure folder on our sites (“the SHSF”) which can then be securely transferred to a recipient who may or may not be also able to upload data to the SHSF.

Whenever you make use of a feature that allows you to upload data to the SHSF, you must comply with the content standards set out in these terms of use.
You warrant that any such contribution does comply with these terms of use, and you will be liable to us and indemnify us for any breach of that warranty.
Any data you upload to the SHSF will be considered confidential and proprietary. You retain all of your ownership rights in your data.

We will not be responsible, or liable to any third party, for the content or accuracy of any data posted by you or any other user of our sites.
You are solely responsible for backing up your data.

Viruses
We do not guarantee that our sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our sites. You should use your own virus protection software.
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

Linking to Our Sites
You may only link to our home page if so authorised in writing by us.

Third Party Links and Resources on Our Sites
Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the content of those sites or resources.

Applicable Law
These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

Trade Marks
All trade marks, registered or unregistered, present on these sites are the property of their respective owners.
Thank you for visiting our sites.