Terms and Conditions

Last Updated: Saturday 12 December, 2020

This mobile application (the "App") is made available by Wells Technologies Limited, a company limited by guarantee and registered in Scotland with number SC650934 and with registered address 2, Wilson Avenue, Polmont, Falkirk, Scotland, FK2 0QZ ("Wells Technologies Limited", "BigAlbum", "we", "us" or "our").

You, the user of the App, confirm your acceptance of these App terms of use ("App Terms"). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. If you do not agree to these App Terms you forfeit all use of any services purchased, and remove any and all obligation from Us to continue providing any services purcased. These App Terms should be read alongside our Privacy Policy.

General Terms

App and Related Terms

Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies ("Platform Terms"). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

Use of the App

You must be resident in the UK to use the App.

Wells Technologies Limited hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device ("Device") as permitted by the applicable Platform Terms and in accordance with these App Terms ("User Licence"). All other rights in the App are reserved by Wells Technologies Limited.

In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.

You acknowledge that your agreement with your mobile network provider ("Mobile Provider") will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

Trial BigAlbum

A trial BigAlbum ("Trial Album") can be activated within the App. By activating a Trial BigAlbum, Wells Technologies Limited grants you a non-exclusive, single-use, non-transferable license to a selection of features as chosen by Wells Technologies Limited.

You agree that Wells Technologies Limited reserves the right to modify the availability of the Trial Album and selection of features included without prior notice or agreement from You. You agree that Wells Technologies Limited can terminate a Trial Album and revoke the license at any time without notice or disclosure of reason and that Wells Technologies Limited is not required to maintain backups of any data related to a Trial Album.

You agree that a Trial Album license is non-transferable, cannot be resold or refunded, and has no monetary value.

You acknowledge that a breach of App Terms renders any and all licenses null and void and services provided can be withdrawn by Wells Technologies Limited at any time thereafter.

Premium BigAlbum

A premium BigAlbum ("Premium Album") can be purchased within the App. By purchasing a Premium Album, Wells Technologies Limited grants you a single-use, non-refundable, non-transferable license to a selection of features as chosen by Wells Technologies Limited.

When You purchase a license, at the time of Your purchase, You consent to Wells Technologies Limited beginning with the performance of its obligations immediately, before the cancellation period ends, and you acknowledge that you will thereby lose your right to cancel at that point. This does not affect your statutory rights.

You agree that a Premium Album license can only be purchased for personal use and will not be used for commercial purposes or resold, unless granted explicitly in a subsequent agreement between Wells Technologies Limited and You.

The license purchased for a Premium Album will confirm at the time of purchase the specific provision of Members and Photos (collectively the "Capacities") granted by the license. You agree that the Capacities will define the extent of services Wells Technologies Limited should provide under the license.

To realise full functionality of a Premium Album, You acknowledge that You must take an explicit action to activate ("Activate", "Activating", "Activation") the Premium Album. You acknowledge that Activation is irreversable. You agree that Activating a Premium Album begins a 30-day timer whereafter the license granted for the Premium BigAlbum expires and all associated data will be deleted. You acknowledge that Wells Technologes Limited is not responsible for maintaining access to any data associated with the Premium Album after expiry and you agree that it is your responsibility to have safely stored any data by this expiry. The expiry date will be displayed alongside your Premium Album.

You agree that You are fully responsible for any data uploaded to the Premium Album.

You acknowledge that a breach of App Terms renders any and all licenses null and void and services provided can be withdrawn by Wells Technologies Limited at any time thereafter.

Album Membership

You can be a member ("Member", "Membership") of a Trial Album or a Premium Album.

Membership will grant you access to data contained in the Trial Album or Premium Album and functionality related to the Trial Album or Premium Album. If you hold a license to a Trial Album or a Premium Album (through purchasing or activating) then you are designated as the "Owner" of the Trial Album or Premium Album. You acknolwedge that an Owner is a Member with extra functionality.

You agree to only use functionality granted to you as a Member or Owner and agree not to reverse engineer, cirumvent or otherwise attempt to interract with BigAlbum in ways not directly presented to you in the App. You agree that Wells Technologies Limited has at their sole discretion the right to determine without notice or disclosure of reason that You have engaged in these behaviours and that this decision will constitute You being in breach of these App Terms.

You acknowledge that a breach of App Terms renders any and all Membership null and void and Membership can be withdrawn by Wells Technologies Limited at any time thereafter.

Intellectual Property

The BigAlbum name and logo, and other Wells Technologies Limited trademarks, service marks, graphics and logos used in connection with the App are trademarks of BigAlbum (collectively "BigAlbum Trademarks"). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively "Third Party Trademarks"). The BigAlbum Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Wells Technologies Limited or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Wells Technologies Limited and its licensors.

Prohibited Uses

You agree not to use the App in any way that:

  • is unlawful, illegal or unauthorised;
  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringes any copyright, database right or trade mark of any other person;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Indemnification

You agree to indemnify Wells Technologies Limited for any breach of these App Terms. Wells Technologies limited reserves the right to control the defence and settlement of any third party claim for which you indemnify Wells Technologies Limited under these App Terms and you will assist us in exercising such rights.

No Promises

Wells Technologies Limited provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Wells Technologies Limited does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content.

To the fullest extent permitted by applicable law, Wells Technologies Limited hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Exclusion of Wells Technologies Limited's Liability

Nothing in these App Terms shall exclude or in any way limit Wells Technologies Limited's liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

To the fullest extent permitted under applicable law, in no event shall Wells Technologies Limited be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.

Wells Technologies Limited shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Wells Technologies Limited's liability arising under or in connection with these App Terms and your use of the App exceed £50.

General

These App Terms shall be governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the courts of Scotland to resolve any dispute between them arising under or in connection with these App Terms.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Contact Us

If you have any questions regarding our App, you can email us support@wellstechnologies.co.uk