User Terms
User Terms – Our First Days Limited
Article 1 – Definitions
The following capitalised terms (in singular or plural) have the meanings set out below:
a. User: A natural person who has created an account on the Our First Days platform (“the Platform”) and who agrees to these User Terms.
b. Content: Any content of any form uploaded, submitted or otherwise provided by the User to Our First Days Limited for hosting on the Platform.
c. Platform: The online platform (or any replacement domain operated by the Company) enables Users to create, maintain and share digital diaries.
d. Our First Days Limited (the “Company”): A private limited company incorporated and registered in England and Wales, with its registered office in the United Kingdom, and the legal owner and operator of the Platform.
e. Third Parties: Any natural or legal person not legally or organisationally affiliated with the Company.
f. Reporter: A natural or legal person who reports unlawful, infringing or otherwise improper Content on the Platform.
Article 2 – Rights and Obligations of the User
- These User Terms constitute a legally binding agreement between you (the User) and Our First Days Limited.
- Use of the Platform requires registration. By registering and using the Platform, you confirm that you have read, understood and agree to these User Terms.
- The Company reserves the right to take appropriate action against misuse of the Platform. “Misuse” includes use of the Platform in a manner inconsistent with these User Terms or in a way that infringes the rights of the Company or any third party. The Company may report misuse to relevant authorities.
- The following behaviour is strictly prohibited:
a. Posting discriminatory, hateful or otherwise offensive Content.
b. Posting erotic or pornographic Content.
c. Posting personal data of any individual without a lawful basis, including names, residential addresses, phone numbers, email addresses, or identifiable images.
d. Distributing malware, viruses, worms, Trojan horses or any software intended to harm or disrupt the Platform or its Users.
e. Acting in a way that interferes with other Users’ use or enjoyment of the Platform.
f. Impersonating any person or misrepresenting your identity.
g. Uploading Content that infringes the intellectual property rights of third parties.
h. Engaging in any unlawful activity under UK law or encouraging others to do so.
- If the Company determines that a User has violated these User Terms, it may suspend or terminate the User’s account, restrict access to the Platform, and/or remove Content without notice.
- These User Terms continue to apply even after termination of the User’s account.
Article 3 – Personal Data
- The Company processes personal data provided by Users to manage accounts, enable use of the Platform, facilitate orders, assist in account recovery, and improve services. Details are set out in the Company’s Privacy Policy available within the app.
- The Company will not share personal data with third parties except as necessary to provide services, comply with legal obligations, or where the User has provided consent.
Article 4 – Access to the Platform
- To prevent unauthorised access, Users must log in with their username and password, or via an approved third-party login service.
- Users must keep login details confidential and secure. Users are responsible for any misuse or unauthorised use of their account arising from their failure to safeguard their login credentials.
Article 5 – Availability and Maintenance
The Platform is generally available 24/7 except for planned or emergency maintenance. The Company may conduct maintenance at times it deems appropriate.
Article 6 – Notice-and-Takedown Policy
- Reporters may report unlawful, infringing or otherwise inappropriate Content. The Company will investigate all reports and may remove any unlawful or infringing Content.
- The Company will assess whether the reported Content is clearly unlawful or infringing.
- If the Content is determined to be unlawful or infringing, the Company will promptly remove it and notify both the Reporter and the User.
- Where illegality or infringement cannot be clearly determined, the Company may remove the Content as a precaution. The User and Reporter are responsible for resolving any remaining dispute between them.
Article 7 – Deletion for Inactivity
- The Company may delete accounts that have been inactive for 12 consecutive months. Users will be notified by email before deletion and given 4 weeks to log in to prevent account removal.
- If the User reactivates the account within the 4-week window, the account will not be deleted.
Article 8 – Liability
- The Company is not liable for any consequences (legal or otherwise) of User activities on the Platform.
- The Company is not liable for any direct or indirect loss arising from use of, reliance on, or inability to access the Platform.
- If the Company incurs costs or damages due to unlawful or infringing Content uploaded by a User, the Company may seek recovery of those costs from the User.
Article 9 – Changes to These User Terms
The Company may update or amend these User Terms at any time. Updated terms will be provided to Users before they take effect. Users who do not accept the updated terms may lose access to the Platform.
Article 10 – Applicable Law
- These User Terms are governed by the laws of England and Wales.
- If any provision of these User Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force. An alternative, enforceable provision that best reflects the intent of the original shall replace the invalid term.
- Any dispute arising in connection with the Platform or these User Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless the Company elects to bring proceedings in the User’s country of residence.
General Terms & Conditions – Our First Days Limited
1. General
1.1 These General Terms & Conditions apply to all offers and services provided by Our First Days Limited and are available within the settings of the app.
1.2 Access to the memory diary is based on a subscription basis, which the User chooses at their discretion. Some features will be available only for paid subscription Users.
1.3 By signing up to a subscription, the customer accepts these terms. The Company may amend them at any time.
1.4 The Company does not accept third-party terms unless expressly agreed in writing.
2. Prices
2.1 Prices will not increase during an active offer period except where required by law or due to changes from suppliers.
2.2 The Company is not liable for obvious pricing errors on the website.
2.3 All prices are stated in GBP (£) and include applicable UK VAT.
3. Data
3.1 Customer data is stored securely in accordance with UK data protection laws. The Privacy Policy explains how data is processed.
3.2 The Company respects customer privacy and keeps data confidential.
3.3 Marketing emails include instructions for unsubscribing.
3.4 Users may delete their accounts at any time via their dashboard; all associated data and diaries will be permanently deleted.
4. Offers
4.1 Offers are non-binding unless otherwise stated.
4.2 Verbal agreements are only valid if confirmed in writing.
4.3 Offers do not automatically apply to repeat orders.
4.4 The Company is not bound by offers containing obvious errors.
4.5 Amendments or additional agreements require written confirmation.
5. Images and Specifications
5.1 All images, colours, dimensions and product descriptions on the app are indicative only and cannot form the basis of compensation or cancellation.
6. Force Majeure
6.1 The Company is not liable if it cannot fulfil its obligations due to circumstances outside its reasonable control.
6.2 Force majeure includes, but is not limited to: supplier delays, transportation issues, strikes, government actions, illness, system failures, internet or power outages, and disruptions caused by third-party technology.
6.3 In such cases, the Company may suspend or cancel the agreement without liability.
7. Applicable Law & Jurisdiction
7.1 All agreements with the Company are governed by the laws of England and Wales.
7.2 Disputes that cannot be resolved amicably shall be submitted to the courts of England and Wales, unless the Company chooses to bring proceedings in the customer’s country of residence