TOS

Welcome to WhiteAlbum

WhiteAlbum allows users to take digital photos (“Photos”) in sets of 24, called rolls (“Rolls”), within an app. When 24 Photos are taken, the Roll is complete and is saved as an album (“Album”). Users can purchase Albums to be printed and delivered for themselves or delivered as gifts to someone else.

This site at whitealbumapp.com (“the Site”) and the WhiteAlbum application (the “App”) are owned and operated by Mint Digital Limited (trading as WhiteAlbum) (“we”, “us”). If you would like to contact us about anything contained on the Site or in the App then please contact us by email at hello@whitealbumapp.com.

These terms and conditions (“Terms and Conditions”) set out how you may use the Site and the App, they also govern your relationship with us and apply to all purchases of Albums via the App. Please read these Terms and Conditions carefully before using the Site and before ordering any Albums via the App. By using the Site and/or ordering an Album you signify that you have read, understand and agree to be bound by these General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.

These Terms and Conditions shall apply to all sales of Albums by us via the App and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site or download or use the App. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site or the App. If you do not cease using the Site or the App then you will be deemed to have accepted the change.

1. WHO WE ARE

Whenever you buy a Product from WhiteAlbum, you will be contracting with Mint Digital Limited, a limited liability company incorporated in England and Wales under company number 05291445, whose registered office is at Unit 100 Exmouth House, 3-11 Pine Street, London, EC1R 0JH, United Kingdom, and whose VAT registration number is 8540 93124.

2. DEFINITIONS

“App” means the mobile application you will need to download from the App Store from Apple and use to take the Photos for your Album on your iPhone;
“Buyer” means the person named on the Order;
“Contract” means the Order and Order Confirmation;
“Faulty” means containing a fault or defect; imperfect or defective;
“Order” means your order for an Album from the App;
“Price” means the price including any applicable taxes in force at the time of the Order (other than VAT which will be charged in addition to the Price, at the rate in force at the time of the Order), subject to any promotional offer or discount then applicable;
“Servers” means the third party servers we use to store your personal information and Albums;
“Terms and Conditions” means the standard terms and conditions of business set out in this document.

3. ORDERS

Users of the App may purchase our Albums for delivery to their own address or as a gift for someone else for delivery to their address. The price for such purchases will be displayed in the App.

You will need to download the App from Apple’s App Store and use the App to take a Roll of 24 Photos. Once your Roll of 24 Photos is complete its is saved as an Album and you can place an Order, following the procedure set out in the App. You will be asked to select the quantity of the Albums that you want printed and your selected Album will then be uploaded to our Servers. You will need to make payment for your Order via PayPal and confirm your shipping address. After confirming your information in our App you may then place your order. Finally, once we have received your payment and your Album has uploaded to our Servers we will send you an email confirmation of your Order.

All Orders are subject to acceptance, by means of an Order Confirmation, by us and we are entitled to refuse any Order placed by you. The Order Confirmation will contain details of your Order, the Price and may contain an estimate of the delivery time for the Order. Once we have sent you an Order Confirmation your Order will be processed for printing and delivery.

The App is currently only available to iPhone users.

We are unable to print your Album and process your Order until such time as your selected Album has been uploaded to our Servers. Payment for the Album will be taken before the selected Album has finished uploading to our Servers.

You undertake that all details you provide to us for the purpose of purchasing Albums via the App will be correct.

You warrant that you shall not re-sell any of our Albums.

We reserve the right to suspend deliveries to you if we do not receive monies from your account via your selected payment method. You agree to compensate us in full against any and all reasonable costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with these Terms and Conditions.

4. PRICE, PAYMENT AND CURRENCIES

All prices are stated in US $ and and are inclusive of VAT. VAT is based on the final value of your order, at the current rate in force in the US.

In addition Sales Tax will be charged on the final value of your order if it is to be delivered to an address in New York State or the states of New Jersey or Tenessee, such Sales Tax will be charged at the current rate in force in those states.

Payment must be made by PayPal at the time of placing your Order which is accepted by Us.

Payment in full will be taken at this time and the Contract will be in force.

In addition if you are ordering from the UK, you may be liable to an import duty and handling fee.

You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order. We reserve the right to obtain your PayPal details before accepting the Order.

5. DELIVERY

Any times or dates stated for delivery are estimates only. Where Orders have been placed in time for delivery by a specified date, and upon receipt of the monies for the Order and upon receipt of the Photos for the Album to our Servers, we will make reasonable efforts to deliver Albums within the time specified, but we do not accept liability for any failure to deliver within that time.

  • You are responsible for giving us appropriate delivery instructions and for making suitable arrangements to ensure that you receive your delivery. If we are instructed by you to leave any Albums outside the property at the delivery address you stated on the Order and such Albums are stolen, you will not hold us responsible and acknowledge and agree that we will have no liability to you whatsoever.
  • You will not hold us responsible for any delivery delays which result from circumstances outside of our control.
  • We may suspend or cancel any accepted Order for our Albums immediately at our reasonable discretion if you breach any of these Terms and Conditions.
  • If any of our Albums arrive in a damaged or unsatisfactory state then please contact us as soon as possible by email at [hello@whitealbumapp.com](mailto:hello@whitealbumapp.com).
  • We use U.S Post Services for our deliveries.
  • Delivery charges: Delivery charges will usually be included in the Price, however if this is not the case We will advise you at the time of placing your Order.

6. CANCELLATION AND REFUNDS

  • As your Album is a personalised product, once it has been printed it cannot be returned unless it is faulty or defective in some way. You can cancel your Order up until you have placed your Order.
  • If you are not satisfied with the Album that we deliver then please drop us a line as soon as possible an [hello@whitealbumapp.com](mailto:hello@whitealbumapp.com) and we will try and resolve the problem.
  • Any refunds will be made via the same payment method that you used to pay for the Order.
  • If we are unable to fulfil an Order after accepting payment we may refund your money and cancel the contract which relates to the Order in question.

7. ACCESS TO AND USE OF OUR SITE AND APP

  • Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Site (and any services made available through it) at any time without notice. If you breach any of these Terms and Conditions, your authorisation to use the Site automatically and immediately terminates and you must immediately cease use of the Site and destroy any materials downloaded or printed from the Site.
  • You may not use the Site or App in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
  • Without limiting the foregoing, you agree that when using the Site and the App you will not:
    • distribute via any medium any part of the Site without our prior written consent;
    • harass others or disclose personal information about others that could amount to harassment;
    • publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
    • submit any Photos or Albums or other material which are the Intellectual Property Rights of any third party or which are protected by any third party’s rights of privacy or publicity without having received all necessary consents from such third party;
    • You agree to comply with all reasonable instructions that we may give you regarding your use of the App and Site.
    • You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access the App. You are also responsible for ensuring that no person uses your login details or equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site or App using your login details or equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.

8. THIRD PARTY SITES

The Site and App may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which you may access through the Site or App or any services that are provided by any such third party websites. If you decide to visit any other website, you do so at your own risk. In addition, use of any other website may be subject to your acceptance of additional terms and conditions, which we suggest you read carefully before proceeding.

From time to time an e-commerce facility may be made available by a third party operator via the Site or App. Your use of and any such e-commerce facility will be subject to its third party operator’s terms of use which will be made available to you at the e-commerce facility. The e-commerce operator will be responsible for the fulfilment of your order and all questions, comments and complaints about any such order should be made to the e-commerce operator.

We cannot accept any liability for any failure by an e-commerce operator to fulfil any order or for any defect in any item(s) supplied to you by them.

9. INTELLECTUAL PROPERTY

For the purposes of these Terms and Conditions:

  • “Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and
  • All Intellectual Property Rights in and to the Site and App and all content, materials and information contained in or appearing on the Site and App are owned by and shall remain owned by us or our licensors.
  • You may view, download and print any content, materials and information made available to you through the Site or App subject to the following conditions:
    • such content, materials and information may only be used for your personal and non-commercial purposes;
    • save as expressly permitted by us in these Terms and Conditions, such content, materials and information shall not be reproduced or included in any other work or publication in any medium;
    • such content, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way;
    • save as expressly permitted by us in these Terms and Conditions, such content, material and information may not be distributed or sold to any third party; and
    • you may not remove any copyright or other proprietary notices contained in such content, material or information.

10. MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN

You acknowledge that we do not actively monitor any third party content or content appearing on the Site or App which derives from a third party Site and we shall not be responsible or liable for any such content including, without limitation, any third party content:

  • which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
  • The Intellectual Property Rights in which are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
  • which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws;
  • If we are informed or if we suspect that any material on the Site or App infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Site or App. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If you have any concerns or queries about material which appears on the Site or App (including if you believe that any content displayed on the Site or App has violated your Intellectual Property Rights) please email us at [hello@whitealbumapp.com](mailto:hello@whitealbumapp.com).

11. DISCLAIMERS

  • We will exercise all reasonable skill and care in providing the Site and App. We are not able to guarantee the availability of the Site or App or the accuracy, completeness, currency or reliability of any content, materials or information on the Site and App that derives from third parties (including, without limitation, any of our third party partners).
  • Except as expressly provided in these Terms and Conditions, the Site and App and all materials and information provided through it are provided on an “as is” basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.
  • Without limiting the foregoing, we cannot guarantee and do not promise that the Site or App and all materials and information provided through it will meet your requirements. Therefore, we advise you to check any materials or information provided to you through the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.

12. LIMITATION OF LIABILITY

  • Nothing in these Terms and Conditions limits or excludes our liability for any: (a) death or personal injury caused by our negligence; (b) loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) other liability which may not by law be limited or excluded.
  • Subject to the clause below, you agree that we shall not be liable for any: (a) direct loss, claim or damage, including loss or damage caused by your handling of the App or Albums; (b) indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) use of this App or Site or its contents or any competitions or prize draws or promotions which are entered via the Site or App; (ii) failure or delay in the use of any component of the Site or App or any service including, without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or (iii) use of or reliance upon any information, material, software, Albums, services and related graphics obtained through the App or Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
  • Without limiting the effect of this clause, due to the inherent risks of using the internet , wifi and mobile applications, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property, including your iPhone, when you are using or browsing the App or the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or equipment (including mobile telephone) or loss of data that results from the downloading or acquisition of any such materials.
  • You agree to indemnify us against any claims or legal proceedings that may arise through your use of the Site or App or from< any breach of these Terms and Conditions by you.
  • We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.

13. TERMINATION

We may remove the Site or App or cease the provision of any of the services, or terminate your personal information (including any Photos or Albums) within the App or Site at any time at our sole discretion for any reason whatsoever.

You shall be entitled to terminate your use of the App by deleting it from your iPhone at any time. When you delete the App any Albums that you have uploaded will remain on our Servers.

Termination of your use of the App or the Site, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.

14. WHITEALBUM PRIVACY POLICY

We recognise that your privacy is important and we want to help you to protect your personal information and keep it safe. Unless you give us specific consent to act otherwise, the following privacy policy will govern how we will handle the personal information that you provide to us. You can access this policy on any page on our Site by following the link at the bottom of each page or from within the App by following the link in the menu.

Collection and Use of Information

What information do we collect and why?

We will ask you to provide us with the following information:

    • Full name
    • Email address
    • Postal address
    • Your Photos and Albums

(If you ask us to deliver to someone else, for instance as a gift, then we will only use their name and address for delivery purposes.)

Why do we ask for this information?

      • To deliver your WhiteAlbum order.
      • To communicate with you about WhiteAlbum products and other goods and products offered by Mint Digital Ltd.
      • To provide you with order and billing information.
      • We retain your uploaded Photos and Albums on our Servers to allow you to re-order Albums easily.

PayPal

Payment for Album products is done via PayPal, who may ask you to provide further information (including credit or debit card details and address details). The information relating to your credit or debit or bank details will be retained by PayPal and will not be passed on to us. Your postal address will be passed to us. We advise you to read the Terms and Condition and Privacy Policy on the PayPal site for further information on what information required and the way PayPal will use it.

Credit card details

We do not store credit card details nor do we share your customer details with any 3rd parties.

Use of your information

We use the non-personally identifiable information and certain technical information about your computer in order to operate, maintain and manage the WhiteAlbum Site and App.

Cookies

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use cookies to improve the quality of our service and make the service easier to use for our members. We do this by storing user preferences in cookies and by tracking user trends – for example, we use cookies to allow you to automatically log in to the service after the first user session.

Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Be aware, however, that some parts of the WhiteAlbum site may not function properly if you refuse cookies.

We may store up to three types of cookie on your computer: * A unique ID is stored in a permanent cookie so that you do not need to retype information every time you visit our site. * Your web browser’s session identification is stored in a temporary cookie to help prevent unauthorised use of your account. * We use Google Analytics to collect information about how visitors use our site, which we use to help improve it. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

Overall, cookies help us provide you with a better Site by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.

Links to other Sites

Our App and Site may contain links to other webites of interest. However, once you have used these links to leave our Site or App, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

Some email communications (for example, important account notifications, information regarding your order and billing information) are considered transactional and are necessary for all of our customers. If you wish to stop receiving any marketing emails from us and to simply receive these necessary emails then please let us know by emailing hello@whitealbumapp.com

We will not sell, distribute or lease your personal information to third parties unless:
(i) we have your permission, or
(ii) are required by law to do, so
(iii) WhiteAlbum or Mint Digital Ltd, or substantially all of its assets, is acquired by a third party, in which case personal data held by WhiteAlbum about its customers will be one of the transferred assets.

We will not use or sell your Albums or Photos for any purpose (including on our Site or App or for marketing purposes) without your prior written consent (such consent may be given by email). However, we may share your Albums or Photos on social media where you have shared them already using the hashtag WhiteAlbum.

We may use your personal information to send you promotional information about other products which Mint Digital Ltd, and its subsidiaries and associated companies may offer. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to WhiteAlbum, Unit 100, Exmouth House, 3-11 Pine Street,London, EC1R 0JH .

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

WhiteAlbum is a trading name of Mint Digital Limited which is registered with the Information Commissioner as a data controller.

Transfer of your personal information

Please note that when you place an Order your Album (containing your 24 Photos) will be uploaded to third party Servers which we do not own or control. If you chose to delete the App from your iPhone your uploaded Albums will remain on our Servers..

We may transfer the personal data that we collect from you to our offices or to third party data processors located in countries that are outside of the European Economic Area (EEA) in connection with the above purposes. Please be aware that countries outside the EEA may not offer the same level of data protection as the United Kingdom; however, our collection, storage and use of your personal data will continue to be governed by this privacy policy.

15. GENERAL

Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

These Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If any clause or part of a clause of these Terms and Conditions is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable and the offending provision shall be deemed to have been amended to the extent necessary in order for it to comply with all applicable laws whilst reflecting its original intention.

These Terms and Conditions and the Privacy Policy set out the full extent of our obligations and liabilities concerning the services we provide via the Site and App and replace any previous agreements and understandings between us and you.

You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms and Conditions other than any remedy you may have for breach of the express terms of these Terms and Conditions.

These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.

This Policy was last updated on 12th September 2014.