Terms & Conditions

Please find below the latest My First Five Years terms and conditions (“Terms”).

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Access to our Website

We welcome all users to our website, and we endeavour to provide helpful advice and information which is provided free of charge. Your agreement to these terms and conditions is indicated by your use of our site.

Ownership of materials and intellectual property rights

We are the owner or the licensee of all trademarked material on our site.

If you would like to use our work, you can print one copy and download extracts, of any page(s) from our site (mffy.com) for personal use only.

By using this site, you agree not to undertake any of the following actions:

  • Modify the work in any way 
  • Use our work for commercial use without asking

User Content

Users who upload content to My First Five Years publicly and privately are responsible for what is posted under their name.

We may reject, reclassify, or remove any user content from our site where it violates our acceptable usage conditions.

User content may not be approved or verified by us before it is displayed on our site. The opinions, views and values expressed in user content on our site are those of the relevant users and do not represent our opinions, views, or values.

If you wish to make a complaint about any user content, please contact us at Hi5@mffy.com

Uploaded Content

By uploading any photographs, video, comments or other content to any My First Five Years platforms, you grant My First Five Years Ltd permission to publish your photo, comments and/or video on our website, app and social media channels for the purpose of promoting our business and confirm that you are the parent or guardian of any child featured in the photos or videos shared.

You further confirm that you took the photo and/or video uploaded, that no one else has rights to it and you grant My First Five Years a licence to copy, publish and otherwise use your materials for the purposes set out above. You waive your moral rights at law relating to the materials you have provided.

We are the data controller and we will use your image or video in accordance with our privacy policy at all times. Please see our Privacy Policy for more information about your rights.

Our Child Safety / Child Safeguarding Policy

The welfare and safety of children is paramount and something we take incredibly seriously. Our Child Safety / Child Safeguarding Policy is in place to protect all children and young people.

It is strictly forbidden:

  • For you to upload and share on any My First Five Years Platform, any content that endangers the wellbeing of children in any way – whether that be physical or emotional wellbeing
  • For you to upload and share on any My First Five Years platform, through any applications or content (whether that be by image, video, comments, narrative or any other form) of the following nature:
    • Sexual exploitation of children in any form whatsoever. We and you have a duty to report any content of this nature to the appropriate authorities 
    • Bullying of young people, including user-led comments or narratives that are hurtful, could encourage or cause harm to children or young people or could disclose personal and sensitive information about a child or young person.
    • Content that misleads users to believe it is family content or intended for children, but includes sexual, violent, or other unsuitable adult content.
    • Content that may cause emotional harm to children. We do not intend to provide content that could cause any emotional harm to minors whatsoever.

Your Responsibilities

If you discover any content that contravenes our Child Safeguarding Policy, you have an obligation to report this to My First Five Years without delay, by emailing hi5@mffy.com    

Changes to our site

We aim to make regular updates to our site and may change the content from time to time. There may be times that we must close the site to the public to carry out necessary changes, we will try to notify all users of this before doing this. 

Links from My First Five Years Platforms

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Changes to the Terms & Conditions

We may alter these terms and conditions at any time. If any part of the current version conflicts with any previous version, the current version will always prevail unless we advise to the contrary.

Copyright Notice

All text connected with by My First Five Years, as well as the content on our app, website and social channels are protected by copyright and intellectual property rights 

My First Five Years® name and logo are registered trademarks.  If you would like to use these assets, you will need to contact hi5@mffy.com for permission.

Our Liability

The content is provided by early years professionals for educational purposes with the most up to date research at the date content is posted and is provided for general information purposes only.  Professional or specialist advice should always be sought, as required.

Nothing on My First Five Years platforms constitutes advice on which you should rely. Our platforms are provided for general information purposes only and we make no representation or warranties with regard to the use of any content on our platforms, applications or services.  

Insofar as is permitted by law, we make no representation, warranty, or guarantee that our platforms will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  

We make reasonable efforts to ensure that the content on our site is complete, accurate, and up-to-date.  The information is provided without any representations, or warranties, express or implied that the content is complete, accurate or up to date. 

The content and services provided are not intended to constitute legal, medical, educational, psychological or other professional advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. You must not rely on the information on any of our platforms as an alternative to medical advice. Always seek advice from your doctor or other professional healthcare providers in respect of any medical conditions. 

We do not make any representations, warranties or guarantees (whether express or implied) in respect of the results from the use of the services provided and accept no liability for any errors in the app or content or any damage or injury arising from the use of the My First Five Years App, website or the content contained therein.

Privacy

We process your information in line with our Privacy Policy below.  By using our site/app, you allow us to do such processing and you confirm that all data provided is accurate.

Acceptable Usage

You may only use our site in a lawful manner and must ensure that you comply fully with all local, national, or international laws and regulations that apply.

Our site is intended for non-commercial use only and you agree that you will not use our site for any commercial or business purposes.

You must not use any of our platforms to knowingly send, upload or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

If you fail to comply with these provisions, you will be in breach of these terms and conditions and we may take one or more of the following actions in response:

  1. Suspend or terminate your right to use our platforms;
  2. Issue you with a written warning;
  3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  4. Take further legal action against you, as appropriate;
  5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  6. Any other actions which we deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions that we may take

including, but not limited to those set out above in response to your breach.

Viruses, Malware and Security

We exercise reasonable skill and care to ensure that our site is secure and free from viruses and malware. However, we don’t guarantee that this is the case and as a visitor, you are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other security risks. 

Third-Party Rights

Nothing in these terms is intended to benefit any third party under the ‘Contract Rights of Third Parties Act 1999’ and any persons who are not connected to these terms cannot enforce them.

Waiver

No delay or decision not to implement rights under these Terms & Conditions will represent a waiver of the right to do so and will not affect rights in relation to a breach. 

Law & Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with English Law.

Rights to use the app

To use our app, you will need to go to the Apple App Store to download the app.

By using our app, you agree to our terms and conditions. 

You may not use the app in a way that could be harmful to My First Five Years or any children or adults, neither may the app be used for actions in violation of applicable laws and regulations. 

You agree that you will not use the app for the following and are not limited to: 

  • Threatening, Sexual or Intimidating behaviour 
  • Distributing Defamatory, Obscene, Pornographic or Discriminatory content

You agree to not share your log-in details and data with third parties. 

You agree not to remove or bypass safety provisions that are there to protect the app. 

Breaching these rules will result in being banned and the relevant authorities being contacted, depending on the actions taken.

Registration

For you to be able to use our product, the App must be downloaded. Next, you need to register as a user of the App by following the instructions provided. The requested information (email) is necessary for you to be able to use the App. What we do with your data is explained in our privacy policy below.

Payment

Some of our services require you to pay for the service. 

All payments you make do not mean you will have ownership of the content we provide you via our services.

We may from time to time discount our service and provide special offers for new customers. 

If you use false credit/debit card details or other means of payment, using false or other persons details without consent, My First Five Years will discontinue the service provided to you and will report the transaction to the relevant authorities.

Functional Modifications

We may at times change the content of the app and/or the fee related to the app, we will try to notify all users of this before doing this.

Force Majeure 

We may at times modify the functionalities of the Force 

Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of the Affected Party’s obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond Affected Party’s reasonable control.

Termination of use

If you wish to no longer use the app, you must cancel your subscription via your device settings and delete the app. You can find out how to do this here - https://support.apple.com/en-gb/HT202039