Terms and conditions
Terms and conditions for using SecureTheFile.
1.1 Who We Are
We are Securethefile Limited, a company incorporated and registered in England and Wales with company number 11597076 whose registered office is at Wsm Advisors Connect House, 133-137 Alexandra Road, Wimbledon, London, United Kingdom, SW19 7JY
Please read these terms and conditions carefully before using our Website (the “Website”) and entering into an agreement with Securethefile Limited (“us”, “our” or “we”). By clicking on the “I accept” button you agree to be legally bound by these terms and conditions. These terms and conditions (together with the documents referred to in it) (the Terms) govern your relationship with us when you use our Website www.securethefile.com and (if applicable) use of any of the services offered via the Website (the Services). Different sections of these Terms will apply to you depending on how you use the Website and (if applicable) the Services – these are set out in the list below.
Please refer carefully to the relevant sections of these Terms before you start to use the Site and (if applicable) the Services. We recommend that you print a copy of these Terms for future reference. If you do not wish to be bound by these terms and conditions, then you may not use our Website. By using the Website and (if applicable) the Service, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
This agreement governs your use of SecureTheFile and may affect your legal rights.
1.2 Nature of our Website
Our website is intended as a place for you to store information and share information and intended to allow for information sharing through the facilitation of uploading and downloading functionality (the “Services”) and to find information/links to other services provided by third parties which may be of interest to you. You will be providing us with information that you wish to store and share with others as part of the Services. To access the Services, you will need to become a Subscriber (the “Subscriber”) to the Website.
1.3 Access to the Site
You are responsible for making all provisions necessary to access the Website. You are also responsible for certifying that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
You may only use the Website only for lawful purposes. In particular, but without limitation, may not use the Website:
- in any way that is fraudulent or unlawful, or has any fraudulent or unlawful purpose or effect;
- to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- 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 the Site or any computer software or hardware.
In addition, you agree to:
- not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms; and
- not to access without authority, interfere with, damage or disrupt (a) any part of the Site; (b) any equipment or network on which the Site is stored; (c) any software used in the provision of the Site; or (d) any equipment or network or software owned or used by any third party.
1.4 The role of Securethefile Limited
We provide various Services via the Website, including but not limited to Services which allow you to:
- create a digitally secure archive to which personal, legal, financial and other documentation and information may be uploaded and stored;
- upload information and data which can be accessed by your Permitted Nominees
- make certain financial, legal and estate planning decisions and arrangements; and
- upload and amend a will and associated documents
- as a professional advisor, interact with clients by viewing their documents and;
- identify other professional advisors of existing clients and;
The list above is not a comprehensive list of the Services offered via the Website and we may decide to offer additional Services, or cease to provide any Services, at any time.
By registering for the Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not, under any circumstances or for any reason, use the Services. We reserve the right to change our eligibility criteria at any time, and to refuse to offer the Services to anyone for any reason or no reason at all. You are solely responsible for ensuring that these Terms comply with all applicable laws, rules and regulations (collectively, “Laws”), and your right to use the Services is revoked wherever these Terms, your use of the Services, or any part of the Services conflicts with any Laws.
2. Terms of Website Use
2.1 Registration and Responsibilities
To access the Services, we require you to become a Subscriber by registering on the Website. To do this, you will need to complete a registration process by providing certain information (including your name, email address and payment details) and registering a username and password for use in connection with that Service.
You agree that you will provide truthful and accurate information when registering on the Website. The decision to register a password is in our discretion and we may revoke your password at any time.
You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Website by you or any person or entity using your password, whether or not such access or use has been authorised by you.
You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or email firstname.lastname@example.org to notify us of any changes.
2.2 Other Applicable Terms
These Terms refer to the following additional terms and conditions, which also apply to your use of the Website:
2.2.1 Changes to These Terms
We may revise these Terms 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.
3. Your Information
You authorise us and any subcontractor to use store or otherwise process any personal information that you provide in relation to you and any other person including but not limited to names and addresses for the purpose of carrying out the Services.
3.1 You must own or have the right or permission to submit any content, information, email addresses or contact details provided to us for publication on our Website or as the result of any of the Services and all content submitted by you must be legal honest decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice.
3.2 You agree to fully indemnify us and keep us indemnified against any third party bringing a claim against us for the processing of their personal data in order to carry out the Services.
3.3 You must ensure that all content submitted to us does not infringe the copyright design privacy publicity data protection trade mark or any other rights of any third party, nor be obscene abusive threatening libellous or defamatory of any person or be otherwise unlawful.
3.4 You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for goods or services.
3.5 We are not responsible for the content shared by you or by others and some is encrypted so we can't read it but we have the right to monitor content and may edit, reject or remove content or not send messages if we believe it does not comply with these terms and conditions.
3.6 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully indemnified from and against all actions claims losses liability proceedings damages costs expenses loss of business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of content submitted by you to us.
3.7 You warrant and undertake that you will not use our Website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. We reserve the right to deny access immediately and without notice to any person who fails to comply with these terms and conditions.
3.8 If you are working with (a) a financial advisor or (b) an employer, benefits administrator, insurance company or any third party institution (this subsection (b) collectively, a “Partner Provider”) to provide you (and, if applicable, a Nominee) access to the Services, your financial advisor or Partner Provider (as applicable) may be able to see certain high-level information about your use of and access to the Services, which may include basic personal information, the date and time of your last login to the Services, your total number of logins to the Services, and which folders you have uploads documents (collectively, “Use Information”) too. By accepting a financial advisor’s or Partner Provider’s invitation to sign up for the Services, (an “Invitation”), you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, store, aggregate, reproduce, transmit and display Use Information, internally or to your financial advisor or Partner Provider (if applicable), solely as necessary to operate, provide and improve the Site, the Services (including without limitation the Services) and our (and our successors’ and assigns’) businesses, including after termination of your subscription or the Services. You also hereby do and shall grant your financial advisor or Partner Provider, as applicable, a non-exclusive, perpetual license to access your Use Information through the Services, and to use, prepare derivative works of, and display such Use Information, including after termination of your Account or the Services. To be clear, Use Information may be personally identifiable and may be tied back to you (and, if applicable, your Nominees), your Account and/or your web browser. If you use Securethefile from a financial advisor or a Partner Provider, we may surface information on your use of the services back to that advisor or Partner Provider (as applicable), but never the contents of your Securethefile Account or your Secure Information.
4. Online Materials and Your Location
4.1 Unless otherwise specified all content and materials published on our Website are presented solely for your private, personal and non-commercial use.
4.2 Our Website is controlled and operated by us from our offices in England. Where content published on the Website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Services you purchase. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
4.3 We have used our best endeavours to ensure that our Website complies with UK laws. However, we make no representations that the materials on our Website or our services are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material or content on our Website or Services, or products offered through our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our Website or Services and you must exit immediately.
4.4 We make no representations and give no warranties, express or implied that making the Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if using the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Services.
4.5 We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use of the Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
The security, privacy, and confidentiality of your Secure Information are of utmost and critical importance to us. When we collect, maintain, access, use, or disclose your Personal Information, including without limitation your private data, we will do so using systems and processes consistent with information privacy and security requirements under applicable UK and European laws. Accordingly, we use industry standard (or better) administrative, physical, and technical protections to safeguard the security, privacy, confidentiality, and integrity of your Secure Information, and we store your Secure Information on UK compliant infrastructure. Except as permitted under this Agreement, we do not share Secure Information with third parties without your express permission. Our technology uses the encryption algorithms of the same quality relied on by banks, the military, and the U.K. government. Your Secure Information is stored in a hosting provider that has 24/7 physical and biometric protections, firewalls, intrusion detection systems, and an array of other technological safeguards and security certifications.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
5.1 Privacy and Confidentiality
6. Securethefile Proprietary Rights
Any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise made accessible on or through the Services (collectively, “Content”) Securethefile Limited’s property or that of our suppliers or licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content that you access through the Services. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without our prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. We can, but do not have to, (a) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (including without limitation if we think you may have violated these Terms or upon receipt of claims or allegations from third parties or authorities relating to such Content) or for no reason at all or (b) to remove or block any Content from the Services.
6.1 Copyright and Intellectual property rights
You acknowledge that the Website and all material published on the Website including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, data and software (but excluding any content uploaded by Subscribers) (the Content) are owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Content except as enabled and permitted by the Services from time to time. The contents of our Website are protected by UK and international copyright, trademark and other intellectual property laws. We or third party licensors are the owner of these rights. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
6.2 Securethefile is our trading name and is protected by intellectual property laws designed to prevent copying, trademark infringement and passing off and you may not use our name for any purpose without our prior written consent.
7.1 Data Security
We use industry standard (or better) administrative, physical and technical safeguards to protect the security, confidentiality of your Account and Your Information, including without limitation your Secure Information.
We have ensured the high-standards of security by employing third parties to conduct penetration and security testing against our infrastructure and systems.
Nevertheless, we cannot guarantee absolute security, and no security measures are 100% effective and fool-proof.
7.2 Data Storage
If you become a Subscriber to the Services, you may upload information and documentation (Subscriber Content) to a digitally secure archive area on the Site using the interface provided.
You may authorise your Permitted Users and/or Personal Representatives to access all or some of your Subscriber Content.
You are solely responsible for ensuring that you have all the necessary rights to all Subscriber Content uploaded to the Site, including without limitation all rights required to enable access to and use of the Subscriber Content by your Permitted Users and/or Personal Representatives. You are solely responsible for how you share, and who may access, your Subscriber Content using the controls provided. You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to host and store your Subscriber Content via the Site, and to make available your Subscriber Content to your Permitted Users and/or Personal Representatives.
You may not upload any Subscriber Content that (a) contains defamatory, threatening, abusive, pornographic, or otherwise objectionable material; (b) advocates bigotry, hatred, or illegal discrimination; or (c) violates any law, any intellectual property, publicity, privacy, or other right of others, or any licence or other agreement by which you are bound.
As between us and you, the Subscriber Content is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility for the Subscriber Content and the accuracy and completeness of all data in the Subscriber Content.
7.2.1 We will keep your information stored securely but may sub-contract the provision of hosting and server space from third parties, but the servers are in the UK and by accepting these terms and conditions you consent to this.
8. Acceptable Use
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all Laws. You also agree to respect the privacy and Secure Information of other users of the Services.
You agree not to, and shall not allow anyone else to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate the distribution of any Content, including without limitation Your Information, on or through the Service, that:
- includes anyone else’s identification documents or sensitive financial information;
- infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity or violates any law or contractual duty
iii. you know is false, misleading, untruthful or inaccurate;
- impersonates, intimidates or harasses any person or entity, including any of our employees or representatives;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); or
vi. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
9. Links to third party sites
The Website may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third-party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. We are not responsible for and exclude all liability in relation to any agreement between you and any such third parties.
10. Limitation of Liability
Nothing in these Terms 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.
Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of the Website or any content available through the Website and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with (a) use of, or inability to use, the Website; or (b) use of or reliance on any content displayed on the Site.
We provide the Website for domestic and private use only. You agree not to use the Website for any commercial or business purposes, unless mutually agreed by us in written notice, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 programmes, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We assume no responsibility for the content of any third-party websites linked to on the Website and we will not be liable for any loss or damage that may arise from your use of them.
We accept payment Direct Debit payment via GoCardless integration.
Prices for all the Services appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for Services at any time by posting new prices on the Site.
By paying using Direct Debit mandate you confirm that the details are yours and that there are sufficient funds available to cover the charges.
We are not responsible for GoCardless error. If we, through GoCardless, do not receive payment from you, you agree to pay any amounts due upon demand.
11.1 Securethefile will bill any fees associated with your use of the Services plus applicable VAT to the direct debit mandate you provide. By signing up for the Services, you acknowledge that the fees associated with your use of the Services will be automatically billed again on each renewal date thereafter unless and until you cancel your use of and access to the Services. You agree that consistent recurring subscription fees may be charged automatically by us without further authorisation from you, until you provide prior notice (receipt of which will be confirmed by us) that you have terminated this authorisation or wish to change your direct debit mandate information, such notice will not affect charges submitted before we could reasonably act, to terminate you authorisation or change your payment method, go to profile setting on your Securethefile dashboard.
11.2 You are liable for keeping your payment information current, complete and updated. If your account reaches its expiration date, we may attempt to contact you to update your payment information using your primary email address associated with your Account. You agree to promptly notify us and your bank if your account is cancelled or if you become aware of potential breach of security. You agree that we (via GoCardless) may continue charging your bank account for the Services unless you have terminated your access to the Services or you tell us to use a different bank account before the end of the applicable billing period. If any fee is not paid in a timely manner, or GoCardless is unable to process your transaction using the bank account information you provided for payment, we reserve the right to suspend or terminate your access to the Services.
11.3 All fees and charges are prepaid and non-refundable. Securethefile may change the fees and charges in effect, or add new fees and charges from time to time, but we will notify you of any such changes in advance through your primary email address associated with your Account. Again, it is your responsibility to keep your contact information and payment information current and updated.
You have the right cancel your subscription to any of the Services at any time within fourteen (14) days beginning on the day after you registered for the Services (the Cooling-Off Period), provided that you do not log into the Services within the Cooling-Off Period. If you do log into the Services within the Cooling-Off Period you will no longer have a right to cancel or withdraw from your subscription. In addition, after the Cooling-Off Period has elapsed you no longer have the right to cancel your subscription and/or receive a refund even if you do not subsequently log into the Services.
To exercise your right to cancel your subscription, please contact us at email@example.com
If you exercise your right to cancel (and provided always that you have not logged into the Services within the Cooling-Off Period), you will receive a full refund of the price paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you give us notice of cancellation.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website and/or Services without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Services is unsuitable in any way.
14. Not a licensed professional
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
Securethefile does not and cannot provide medical, legal or financial services, and should never be used as a substitute for the advice of a licensed professional.
15.1 You may terminate this agreement and close your account at any time. If you give us notice that you wish to close your account then you accept that we will need a reasonable period of time in which to delete all of your data, files and account.
15.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
15.4 These terms and conditions and your use of our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
15.5 Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control including without limitation local laws, wills or the law of intestacy.
15.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
15.7 These terms and conditions do not confer any rights on any third person or third party (including without limitation activators or recipients of gifts or in any way related to the provision or receipt of the Services) pursuant to the Contracts (Rights of Third Parties) Act 1999.
15.8 We undertake:
- to provide the Services with all reasonable care and skill and at all times in accordance with prevailing industry standards; and
- to use reasonable efforts in accordance with prevailing industry standards to protect the security of any information submitted by you to the Site (including but not limited to the Subscriber Content) in connection with the Services.
Except as expressly set out above, we make no representations, warranties or guarantees of any kind in respect of the Site or the Services and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
15.9 SecureTheFile may also be abbreviated or otherwise known as STF or Secure the file
16. Availability of and modifications to the website
16.1 The Website is provided on an “as is” basis without any warranties of any kind. We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. Your access to the Website may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Website is unavailable at any time or for any period.
16.2 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Website or the content or services available through it, including your access to it
17.1 Accessing Subscriber Content
If you are a Nominee who has been authorised by a Subscriber to access certain areas of their account, you will be required to complete a registration process by providing certain information and registering a username and password for use in connection with your access to the Subscriber’s account.
You agree that you will provide truthful and accurate information when registering to the Site. The decision to register a password is in our discretion and we may revoke your password at any time.
You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or firstname.lastname@example.org to notify us of any changes.
17.2 Nominee Confidentiality
As a Nominee, you acknowledge that the Subscriber Content to which you are granted access may be confidential and you agree to not to disclose or use or authorise the disclosure or use of any Subscriber Content save as may be required for the purposes of carrying out your duties in respect of the Subscriber’s personal wishes.
You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Subscriber Content by you or any person or entity using your password, whether or not such access or use has been authorised by you.
You must immediately notify us of any unauthorised use of your password or account, any unauthorised access of the Subscriber Content, or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.