Please find below the following terms and conditions governing your use of and access to My First Five Years’ website and the free version of our mobile application. This document contains the following terms and conditions:
What’s in these terms?
Who we are and how to contact us
Our site and our App are the Platforms operated by My First Five Years Ltd (we, us, our). We are registered in England and Wales under company number 13158436 and have our registered office at the Copper Room, Trinity Way, Salford, England, M3 7BG. Our VAT number is 378378146.
We are a limited company.
To contact us, please email firstname.lastname@example.org.
Use of our App
Use of our site
There are other terms that may apply to you
Our Trading Terms, set out below, which set out of the terms of supply of the Content via our App.
Operating system requirements for use of the App and how you may use the App
The App requires a smartphone device with the minimum compatibility requirements displayed on App Store and Play Store.
You are not permitted to:
If you do not accept the changes:
We may make changes to our Platforms
We may update and change our Platforms from time to time to reflect changes to our Content (which includes, for the purposes of this section, the content of our site), our users’ needs and our business priorities, to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
We may suspend or withdraw our Platforms
Our site is made available free of charge. Our App is free to download, create an account, sign in and access Content. For the avoidance of doubt, it is only the free version of our App and the Content available on it (and not any paid or subscription version of the App) that you may use for free.
We do not guarantee that our Platforms, or any Content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platforms for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Where necessary and applicable, we will also arrange refunds in these circumstances.
We may transfer this agreement to someone else
You must keep your account details safe
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.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
How you may use material on our Platforms
We are the owner or the licensee of all intellectual property rights in our Platforms, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Platforms for your personal use and you may draw the attention of others to Content on our Platforms.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on our Platforms must always be acknowledged (except where the Content is user-generated).
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platforms or any services provided via, or in relation to, our Platforms. This includes using (or permitting, authorising or attempting the use of):
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Our Platforms, the Content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the UK. By continuing to access, view or make use of our Platforms, our Content and related services, you hereby warrant and represent to us that you are located in the UK. If you are not located in the UK, you must immediately discontinue use of our Platforms, our Content and related services.
Do not rely on information on our Platforms
The Content (including that provide on our site) 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 our Platforms.
Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Platforms is accurate, complete or up to date.
We are not responsible for Platforms we link to
Where our Platforms contain links to other platforms and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked platforms or information you may obtain from them.
We have no control over the contents of those platforms or resources.
User-generated content is not approved by us
Our Platforms may include information and materials uploaded by other users of the Platforms, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platforms do not represent our views or values.
How to complain about content uploaded by other users
If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on: firstname.lastname@example.org.
If you wish to complain about any other content (including content uploaded by other users), please contact us on: email@example.com
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Trading Terms below.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Platforms or any Content.
We will not be liable to you 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:
In particular, we will not be liable for:
If you are a consumer user:
Please note that we only provide our Platforms for domestic and private use. You agree not to use our Platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
Uploading content to our Platforms
Whenever you make use of a feature that allows you to upload content to our Platforms, or to make contact with other users of our Platforms, you must comply with the content standards set out in our Acceptable Use Policy below:
Our Acceptable Use Policy
In this “Acceptable Use Policy”, “Platforms” also covers any use of or upload to any of our official Facebook groups.
You may not use our Platforms:
· 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.
· To bully, insult, intimidate or humiliate any person.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
· 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.
· In any way that involves child sexual exploitation or abuse.
· To upload terrorist content.
You also agree:
· Not to access without authority, interfere with, damage or disrupt:
o any part of our Platforms;
o any equipment or network on which our Platforms are stored;
o any software used in the provision of our Platforms; or
o any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our Platforms, including, without limitation:
· Video-sharing facilities.
· Facebook Groups
· Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Platforms, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platforms, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Platforms (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, at our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
· Be accurate (where it states facts).
· Be genuinely held (where it states opinions).
· Comply with the law applicable in England and Wales and in any country from which it is posted and to which the Platforms are targeted.
A Contribution must not:
· Be defamatory of any person.
· Be obscene, offensive, hateful or inflammatory.
· Bully, insult, intimidate or humiliate.
· Encourage, promote or provide instructions for deliberate self-harm.
· Encourage, promote or provide instructions for suicide.
· Encourage, promote or provide instructions for an eating disorder or behaviours associated with an eating disorder.
· Promote sexually explicit material.
· Include child sexual abuse material.
· Incite violence or hatred against particular groups.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or xenophobia.
· Infringe any copyright, database right or trade mark of any other person.
· Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).
· Include video content not suitable for BBFC classification.
· Include material that might impair the physical, mental or moral development of persons under the age of 18.
· Be likely to deceive any person.
· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Contain illegal content or promote any illegal content or activity.
· Be in contempt of court.
· Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Impersonate any person or misrepresent your identity or affiliation with any person.
· Give the impression that the Contribution emanates from My First Five Years if this is not the case.
· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
· Contain any advertising or promote any services or web links to other sites or Platforms.
For the avoidance of doubt, for any Contribution in the form of video content:
· You must not upload any videos containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
· You must not upload a video containing harmful material.
· You must not upload a video containing advertising for any of the following:
o cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
o for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
· Any video you upload must not:
o prejudice respect for human dignity;
o include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
o encourage behaviour prejudicial to health or safety;
o encourage behaviour grossly prejudicial to the protection of the environment;
o cause physical, mental or moral detriment to persons under the age of 18;
o directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
o directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
o exploit the trust of such persons in parents, teachers or others; or
o unreasonably show such persons in dangerous situations.
· You must use the functionality provided on our Platforms to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
Breach of this policy
When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
· Immediate, temporary or permanent withdrawal of your right to use our Platforms.
· Immediate, temporary or permanent removal of any Contribution uploaded by you to our Platforms.
· 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 we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
If you frequently upload material that is clearly illegal, we may suspend your access to our Platforms for a reasonable period of time. We will warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:
If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:
The following trade marks are UK registered trade marks of My First Five Years Ltd:
MY FIRST FIVE YEARS TERMS AND CONDITIONS OF TRADING
If you sign-up for a Free Account (see below for more details) via any method other than via the free version of our mobile application, the trading terms below apply.
IF YOU SIGN UP FOR A FREE ACCOUNT THROUGH AN APP STORE, THAT PARTICULAR APP STORE’S TERMS AND CONDITIONS WILL ALSO APPLY:
Please note that it is free to download, create an account, sign in and access Content on the App (Free Account).
We may make changes to these Trading Terms. We may amend these Trading Terms from time to time. We will notify you of any change to these Trading Terms when you next start the App. If you do not accept the changes, you may only be able to partially access the Content and/or certain features of the App, or you may be not be able to access the Content or the App at all. Where this is the case, you may contact the relevant app store or us as detailed in clause 2.2 to cancel your Free Account.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As your Free Account involves the supply of digital content, your rights under the Consumer Rights Act 2015 apply. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
However, if your digital content has been damaged, or your device has been damaged by the App and/or the Content, and you can prove that the damage was caused because of our lack of reasonable care and skill, then you may be entitled to either a repair of the damage or some financial compensation for the damage.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To My First Five Years Ltd, The Copper Room, Deva Centre, Trinity Way, Manchester, M3 7BG. Email: firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract /for the supply of the following service:
Downloaded App on [*],
Name of consumer(s),
Email address used to create account,
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.