Subscriber Terms & Conditions

Version 2.0                                                    Date: January 2016

For previous versions click here.

0 Service overview

This document defines the Terms and Conditions for authorised subscribers to access a UK government approved identity service designed by Morpho UK Limited. Eligible subscribers are required to fulfil preliminary conditions as listed in section 3.

If You meet these criteria, You may, at your own discretion, proceed to initiate the registration process required by the Identity Service (as defined below).

1 Definitions

In these Terms and Conditions the following words have the following meaning:

- "We", "Us" and "Our" shall refer to Morpho UK Limited, the supplier of the SecureIdentity Service.

- "You" or "Your" shall refer to You, as a user of the Website and/or Mobile App and the Identity Service.

- "Helpdesk" means the customer services helpdesk, which can be contacted by telephone (see section 2.2).

- "Identity Service" means the SecureIdentity identity verification service provided by Us to You in accordance with these Terms and Conditions for the verification of Your identity, as is required to access the Third Party Website(s).

- "Our Material" means content, data and materials delivered to You as part of the Identity Service (whether on a computer screen, in email or paper format) or contained in the Website or Mobile App (or any or all of the same), including the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software.

- "Mobile App" means a mobile device software application provided by Us that is required for accessing the Identity Service, and which can be downloaded from an application distribution platform (also known as app stores).

- "Data" means any data that is exchanged between You and Us.

- "Privacy Policy" means Our Privacy Policy available on the Website.

- "Terms and Conditions" means these terms and conditions.

- "Third Party Content" means content and material belonging to a third party provider of products and/or services.

- "Third Party Website(s)" means the website of one or more third parties which is linked to or from the Website or Mobile App (or both) or on frames within the Website or Mobile App (or both).

- "Website" means the web pages by which We provide either the Identity Service or the associated supporting services (helpdesk, support pages) which You are directed to when You select the Identity Service as Your identity service provider of choice on the Third Party Website, and any replacement website(s) We may use from time to time.

- "Your Data" means information and data You have provided to Us on or in connection with the Website, the Mobile App and/or the Identity Service, which may from time to time include Personal Data as defined by the Data Protection Act 1998 (as the same may be amended or replaced from time to time).

- "In writing" means any written communication, whether this be by electronic means or by postal mail.

2 About Us

2.1. We are Morpho UK Limited, a company registered in England and Wales with company number 06195781. Our registered office is at 255 Wharfedale Road, Winnersh Triangle, Wokingham, Berkshire, RG41 5TP United Kingdom. Our VAT registration number is 323 193 5011.

2.2. If You have any questions or queries about the Identity Service, please refer to the Frequently Asked Questions and other information available on the Website www.SecureIdentity.co.uk at https://help.secureidentity.co.uk.

3 Eligibility for the service

3.1. To use the Website and the Identity Service, You must confirm that you fulfil the following criteria:

- You are a UK resident and/or a British citizen

- You are more than 19 years old

You acknowledge that these criteria may be subject to change from time to time.

3.2. In addition to the criteria in 3.1 above and in order to use the Identity Service, You must have:

- A smartphone compatible with the Identity Service as defined on Our support home page at https://help.secureidentity.co.uk ;

- A personal Email address ;

- A set of personal data as listed in clause 1.2 "The types of personal data that Morpho may collect and hold" of our Privacy & Cookie Policies available at https://help.secureidentity.co.uk.

4 Important information about these Terms and Conditions

4.1. We intend to rely on these Terms and Conditions, and by using the Identity Service, the Mobile App and Our Website you acknowledge and agree that you shall be bound by these Terms and Conditions. You should read these Terms and Conditions carefully before using the Identity Service, the Mobile App or Our Website. If You do not understand any part of these Terms and Conditions please contact the Helpdesk.

4.2. We advise You to print these Terms and Conditions and keep a copy for Your future reference. They are available at https://help.secureidentity.co.uk.

4.3. You may have other consumer rights granted by law and these Terms and Conditions do not affect such rights.

5 The Identity Service

5.1. The Identity Service is as described on the Website. You will have been directed to Our Website by a third party who requires You to verify Your identity in order to use the third party's services.

5.2. For Us to provide You with the Identity Service You will need to create an identity service account by entering information about yourself and following the security procedures on the Website. The documents and information provided to Us with regard to Your identification, and the validation and verification of all such documents and information shall be stored by Us in accordance with Our Privacy and Cookie Policies (see section 7). If the information You provide does not allow Us to verify Your identity using Our databases, then You may not be able to create an account. The decision to grant You an identity service account remains exclusively with Us.

5.3. Your account will be valid for an unlimited period of time unless terminated by either You or Us. Please see article 10 about how to stop using the Identity Service.

5.4. To log in to Your account once it is created You will need to use the unique login details identified by You during creation of Your account.

6 Use of the Websites and Our Material

6.1. We own the rights to the content in the Website, the Mobile App and the Identity Service, as well as all the rights in and to Our Material, and the information the Website collects. This includes without limitation patents, copyright, database rights and trademarks and all other intellectual property rights. Third Party Content contained in the Website or the Mobile App (or both) may be owned by third parties and have its own associated rights. Your use of the Website and the Mobile App permits you to:

- view and display the content of the Website on a computer screen;

- print individual pages on paper or make a reasonable number of photocopies (or both);

- and store the content of the Website in electronic form on Your computer's hard drive; provided that all such uses are for your personal, non-commercial use only.

6.2. You shall not:

- copy, pass on, sell, publish or make profit from any of the content of the Website or the Mobile App or the Identity Service without first getting Our written permission;

- do anything that could harm the Website or Mobile App (or both) or the computer systems which host the Website or Mobile App (or both);

- do anything that restricts or inhibits the use and enjoyment of the Website or Mobile App (or both) by other users; or

- create hypertext links to the Website without Our prior written permission.

6.3. Product names, trademarks or service names or marks or company names mentioned on the Website or in the Mobile App and in connection with the Identity Service are the trademarks, service marks, or business names of their respective owners. The words Morpho and SecureIdentity and certain other words and graphical devices in respect of the Identity Service are trademarks of Morpho UK Limited and/or its associated companies and may be registered in the EU, USA and other countries. By making the trademarks available on the Website, We are not giving You any permission to use them and no rights in such trademarks are transferred to You.

7 Privacy of Your Data

7.1. We take Your privacy very seriously and We comply with the relevant provisions of data protection legislation in England and Wales. We will use any information given to Us by You or collected by Us during Your use of the Website and Services only in accordance with Our Privacy & Cookie Policies, available on the Website www.SecureIdentity.co.uk at https://help.secureidentity.co.uk.

7.2. You acknowledge that the Identity Service is a verification and authentication service and You agree that We will use Your Data to undertake a search for the purposes of verifying Your identity. To do this We may compare and check Your Data against any particulars on any database (public or otherwise) to which We have access. A record of the search will be retained for contractual and security reasons.

7.3. If You have been directed to Our Website by a third party who requires You to verify Your identity in order to use a product or service that You have expressed an interest in taking, You acknowledge that at Your request, We will pass information regarding the results of Your identity verification back to that third party in accordance with the Privacy Policy. If, in the future You use Your account to verify Your identity to different third parties, You acknowledge that at Your request We will pass information on the results of Your identity verification to those parties too in accordance with the Privacy Policy based on the information You have provided to Us up to the date of that request.

7.4. From time to time We may need to verify Your identity again for security purposes. This may be due to the time which has passed since Your identity was verified, because You have not accessed Your account recently, or if You have changed some of the Data previously provided by You. If this is required, We will advise You, and the checks that are referred to in section 7.2 above will be carried out again. A record of this search will also be retained for contractual and security reasons.

8 Warranties and Disclaimers

8.1. We will provide the Website and the Identity Service with such care, skill, diligence, prudence, efficiency, foresight and timeliness that would be reasonably expected from a leading and expert provider of such services.

8.2. While We try to ensure that the Website and the Mobile App are functioning correctly, this may not always be possible and we provide no warranty that the Website, Mobile App or Identity Service will be error free. We do not guarantee that the Website or the Identity Service will be available all the time or at any specific time. The Website, the Mobile App and/or the Identity Service may be temporarily suspended if Our computer systems used to provide the Website or the Identity Service is under repair or maintenance or are otherwise unavailable.

8.3. We do not guarantee that the Website or the Identity Service will be compatible with all or any hardware and software which You may use. For example, the Website may not display or operate correctly if You access it using a mobile phone or similar device or platform. (see http://help.secureidentity.co.uk ).

8.4. We take steps to ensure that the Website and Our Material are free from computer viruses and other harmful computer programs. However, due to the nature of the Internet, We cannot provide a guarantee or warranty in this regard and You are advised to use appropriate firewall and antivirus software to protect Your computer and Data.

8.5. We use reasonable skill and care in the sourcing and supply of the information which is made available to You on or in connection with the Website, the Mobile App or the Identity Service. However, in the case of information We obtain from third party sources (including the details supplied by You), We cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date.

8.6. Nothing provided by Us on or in connection with the Website or the Identity Service is, or shall be deemed to constitute financial, legal or other advice. The information We provide is not intended to be relied on by You in making (or refraining from making) any specific decision or to replace independent professional advice. Any and all information provided by Us to You on or in connection the Website is for general information purposes only.

8.7. Except for the commitments and warranties We expressly make in these Terms and Conditions and any additional commitments or warranties arising out of Your consumer rights granted by law, We do not make any other commitments or warranties about the Website, the Mobile App or the Identity Service and all other commitments, warranties and liability are hereby excluded and disclaimed to the extent permissible by applicable law.

9 Your Obligations

9.1. You should provide Us with all the data we request to establish your identity. If You do not, we may not be able to open an account for You.

9.2. You will ensure all information submitted for registration to the Identity Service is true, accurate and conforms to the requirements as set out by Us.

9.3. You will follow any reasonable instructions and requirements in respect of Your use of the Website, the Mobile App and the Identity Service and for the transfer of Data as indicated by Us.

9.4. You are responsible for keeping Your login details confidential and secure and they must not be shared. You must take reasonable endeavours to prevent the abuse, theft, or loss thereof. If you deliberately disclose your login details, or you act negligently and they are disclosed to another person, We shall not be liable to You for any loss or damage suffered by You.

9.5. You are responsible for keeping Your Data recorded in Your user account accurate. If something has changed, You will need to update Your Data by connecting to the Website and using the on-line update functions, or by sending a written request by postal mail to the address set out in section 2.1. You will be required to authenticate yourself prior to making any changes to Your Data.

You should contact Us as soon as possible (see section 2.2) if You believe that anyone has obtained Your login details without Your permission, or in breach of this Agreement, or if You become aware of any other breach of security on the Website, via the Mobile App or in relation to the Identity Service. This information will be treated as strictly confidential in order to minimise any damage to You, to Us or to third parties. We will not be responsible to You if there is unauthorised access to Your login details or unauthorised activity on the Website as a result of Your login details being used by someone else, unless this is due to Our negligence. You shall take all reasonable measures to prevent further and/or continuing violations and shall take all reasonable measures to limit any damage resulting from such a violation.

10 Force Majeure

10.1. We shall not be liable for any breach of these Terms & Conditions resulting from causes beyond Our reasonable control including but not limited to requirements under the law, power outages, improper functioning of the internet, or of computer and telecommunication facilities, extreme weather conditions, fire, flooding, war, strike, terrorism, or general problems of transportation.

11 Our liability to You

11.1. For further information about Your legal rights and how they may be affected by these Terms and Conditions including this section on Our liability to You, We advise You to contact Your local Citizens Advice Bureau. If any problems arise with Your use of the Website or the Identity Service please contact Us as soon as possible.

11.2. Nothing in these Terms and Conditions excludes or limits Our liability in respect of (a) any breach of Law by Us or our Sub-contractors; (b) any loss, unauthorised access to or corruption of Personal Data held by Us or our Sub-contractors (including any credentials issued to You); and (c) any wilful default or fraud on the part of Us or our Sub-contractors.

11.3. We are not responsible to You for any loss or damage suffered by You which was not a reasonably foreseeable or obvious consequence of Us breaching these Terms and Conditions for example, if You and We could not have anticipated those losses before or when You accessed the Website or used the Identity Service or it was not obvious that those losses would result.

11.4. We are not responsible to You for losses which You suffer due to any events beyond Our reasonable control, including without limitation the events described in section 10.

11.5. We are not responsible to You for losses which You suffer which are not directly caused by Our actions (or Our failure to act).

11.6. Unless We have been negligent then We are not responsible to You for any damage caused to any hardware or software used to access, use or download the Identity Service.

11.7. We are not responsible to You for any losses (whether in contract, tort, or otherwise) (a) You suffer under or in connection with your Internet Service Provider (ISP) or Mobile Network Operator (MNO) through which You access the Identity Service or (b) for You failing to be granted access to such third party services as a result of the Identity Service.

11.8. Except as otherwise stated in these Terms and Conditions, Our aggregate liability to You arising out of or in connection with the Identity Service shall not exceed £100.

11.9. Our liability to You shall not include the following business losses that You may incur: lost business data, lost profits, lost earnings, business interruption, and loss of opportunity or reduction in the value of an asset. We shall not be liable to You for any business losses whatsoever if the Identity Service is provided for Your own personal use as a consumer.

12 Use of the Mobile App

12.1. Where You use the Mobile App, You acknowledge and agree that:

12.1.1. We are in no way linked, connected or affiliated with smartphone application stores;

12.1.2. access to and use of the Mobile App may be limited by Your network carrier and will be limited if You are attempting to access the Mobile App from outside the United Kingdom;

12.1.3. You will not be able to access and use certain functionalities of the Mobile App unless You have internet access through a GPRS, 3G, 4G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the Mobile App are subject to Your agreed terms with Your MNO or ISP ;

12.1.4. neither Your MNO nor any app kiosk or kiosk operator (including but not limited to the Apple App-Store Google Play App Store or Windows Phone Marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the Mobile App;

12.1.5. We are solely responsible for providing any support and maintenance in respect of the Mobile App; and

12.1.6. You will comply with any third party terms and conditions which may be applicable from time to time in relation to Your use of the Mobile App, including without limitation those applicable to the Platform.

12.2. Further, where You have obtained the Mobile App from the Windows Phone Marketplace, You acknowledge and agree that You may install and use one copy of the App on up a maximum of five mobile devices You personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You shall not install or use a copy of the Mobile App on a device You do not own or control.

13 Closing Your Identity Service Account

13.1 You are free to stop using the Identity Service at any time.

13.2 You may close Your user account for the Identity Service at any time by use of the functionality available on the Website. You will need to authenticate yourself before accessing the functions managing Your account. If you choose to close your account you will be able to reactivate the account within 30 days from the closing date by re-applying for an identity account. After such 30 day period, if you wish to use the Identity Service again, You will need to apply for a new account by re-entering Your Data.

13.3 Please note, because We begin to set up and provide the Identity Service immediately following Your request, You will not be permitted to cancel the Identity Service under the Consumer Protection (Distance Selling) Regulations 2000.

13.4 We may terminate or suspend Your access to login areas of the Website or the Mobile App (or both) and/or Your use of any of the Identity Service without notifying You if in Our view there has been a serious failure by You to comply with Your responsibilities in these Terms and Conditions (for example misuse of the Website or Our Materials or for fraud). If We do so, We may close Your account and delete Our records of Your registration details and Your Data without liability to You. We may need to retain records and Your Data beyond closure of Your account and, if We do so, We shall do so in accordance with the Privacy Policy.

13.5 Data retention As required, We shall maintain parts of Your Data, and other evidence and data in such detail as necessary for us to properly substantiate any relevant claims, for a retention period of seven (7) years beginning on the later of the first day after the termination of the Identity Service, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving Your Data.

13.6 Any data and voice recordings provided when You contact the Helpdesk shall be kept for a retention period of 2 years after the call. This data shall be destroyed by Us after this retention period without notice to You.

14 Third Party Websites and Content

14.1 The Website may contain links to other websites and Third Party Content in respect of products and services, either directly or indirectly. Where possible, We will make it clear where such links are being made. We are not responsible for Third Party Content or the availability of Third Party Websites.

14.2 We do not endorse or take responsibility for any Third Party Content or any offers, arranging or advice (including but not limited to the comment, opinions, or recommendations) provided by third parties. You will need to validate the information and check the details of what is being offered by such third parties for yourself.

14.3 Third Party Content and third party products and services available on the Website or linked to from the Website are subject to the separate terms and conditions and privacy policies of the relevant third party (in the case of privacy policies where the third party is collecting information from You, otherwise, where We collect information from You then Our relevant privacy policies will apply).

15 Complaints

15.1. In the unlikely event that You have cause to complain about the Identity Service, please refer to help.secureidentity.co.uk.

16 Changes to these Terms and Conditions

16.1. Sometimes, because of changes to the Website, the Mobile App or the Identity Service, changes in the law or Our arrangements with third parties, We may have to make changes to these Terms and Conditions. You can tell when changes have been made by checking the version and date on which they were last modified indicated at the start of these Terms and Conditions (refer to help.secureidentity.co.uk).

16.2. We will notify You individually by email of any major changes in these Terms and Conditions. It is therefore important that You check these Terms and Conditions regularly and in particular on each occasion when You use the Identity Service.

16.3. If You do not accept any addition and/or variation to these Terms & Conditions, You must immediately close Your Identity Service account (see section 13). If You continue to operate the account after such notification, You are deemed to have agreed to the addition and/or the variation without reservation.

17 Other important information

17.1. These Terms and Conditions form the entire agreement between You and Us. No one except Us and You has any right to enforce these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999 or at all.

17.2. You may not transfer any or all of the rights granted to You under these Terms and Conditions to any other person.

17.3. We may in Our discretion discontinue or modify the Website, the Mobile App or the Identity Service at any time. We will try to ensure that any modification does not materially adversely affect the nature of the Identity Service provided to You but any such modifications shall be made in our sole discretion and without liability to you.

17.4. All communications between You and Us will be conducted in the English or Welsh language.

17.5. Any notices We send to You will be sent to the most recent email address provided to Us by You. Any written notices sent to Us by You should be sent to the postal address published on the Website.

17.6. These Terms and Conditions shall be governed exclusively by the laws of England. If any disputes arise between You and Us in relation to these Terms and Conditions and You want to take court proceedings, You must do so in the English courts unless You reside in Scotland, Wales or Northern Ireland, in which case You may do so in the courts of the country in which You reside.

18 Concluding Provision

18.1. Should any provision of the Terms and Conditions be declared invalid or void, this shall not affect the validity of any of the other provisions included in the terms and conditions. In such case We shall amend these Terms and Conditions with the aim to achieve the same object and purpose served by the provision declared invalid.

18.2. A waiver of any right or remedy under these Terms and Conditions or by law shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by Us to exercise any right or remedy provided under these Terms and Conditions 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 these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.

Version 2.0 Date: January 2016

 

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