Cahoots Terms & Conditions
1. Book Identification
PLEASE NOTE THAT THE ID FOR YOUR BOOK WILL BE PRINTED ON THE LAST PAGE OF YOUR PHOTOBOOK. This is necessary for Cahoots to identify and track your book through the production process, and for identifying your book’s print file in the event you wish to order reprints. Please consider the impact of this information on the look of your book – ie any photos or backgrounds. The book ID measures approximately 20mm x 5mm and will appear vertically on the bottom inside edge of the last page.
2. Quality of Photos
Please check the quality of your photos. If you have used scanned images take care that you have sufficiently cropped scanned edges away from the border of your photos. Please also consider the technical environment that you are working in and whether or not your computer monitor is calibrated. (Typically colours, contrast and brightness will differ from screen to screen and may not represent accurately how your images will look when professionally printed.)
3. Order Acceptance
All orders are accepted and handled in accordance with the conditions outlined in Cahoots software terms and conditions.
You accept these conditions by using the Cahoots software and ordering a book.
Your book production may commence immediately upon Cahoots receiving your order, therefore a cancellation cannot be made or a refund given.
Once you have uploaded or sent your book to Cahoots, Cahoots is not able to edit or change your photobook in any way.
5. Satisfaction Guarantee
You must contact Cahoots within 7 days of receiving your book if you have a problem with the quality of the finishing. We will endeavour to fix the problem to your satisfaction, or we will offer a full refund, upon return of the book.
You must take care to check your text and photos before you submit your order because we cannot offer a free reprint for typos or dissatisfaction with the quality of your images.
Cahoots will deliver to the address noted in your order within 21 days. If you are not available at the time of delivery, the parcel may be left at the delivery address if the selected delivery carrier/option includes an authority to leave. otherwise you will be notified of an attempted delivery and of the instructions for collection.
7. Storage of Photobook files
Cahoots undertakes to store your photobook file on our server for a period of two months from the time you submit your order.
You must have the necessary rights for all content included in your photobook. You are solely responsible for the content of the file you submit. If the rights to any of the images in the file you submit are held with another party it is your responsibility to obtain the necessary permission to use the images and you indemnify Cahoots for any claims of copyright infringement relating to your printed project. Cahoots is a photobook design and printing service and does not accept responsibility for the content of the file you submit.
Furthermore, and for the sake of clarity, by using the services and tools offered by Cahoots, you ARE NOT assigning any copyright ownership to Cahoots.
On rare occasions Cahoots will SEEK EXPLICIT PERMISSION to use a book for marketing purposes (e.g. shop sample, or inclusion in our online gallery). For the sake of clarity, in cases where permission is granted, the copyright ownership of your images remains unaffected.
Website Terms of Service
If you require any more information or have any questions about our Terms of Service, please feel free to Contact Us.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, cahootsphotos.com.au and/or its licensors own the intellectual property rights published on this website and materials used on cahootsphotos.com.au. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website in neither print nor digital media or documents (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website;
redistribute material from this website – except for content specifically and expressly made available for redistribution; or
republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of cahootsphotos.com.au or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without cahootsphotos.com.au’s express written consent. This includes:
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of cahootsphotos.com.au.
Access to certain areas of this website is restricted. cahootsphotos.com.au reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. cahootsphotos.com.au may change or modify this policy without notice.
If cahootsphotos.com.au provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
cahootsphotos.com.au may disable your user ID and password at cahootsphotos.com.au’s sole discretion without notice or explanation.
In these terms and conditions, your “user website content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website for online display (e.g. comments relating to a blog article). [For clarification, “your user website content” does not include files that you upload via Cahoots software as part of the ordering process – since these are not submitted to the website for display purposes, but rather uploaded for the purpose of producing your ordered product. Please refer to Section 8 of Cahoots Terms and Conditions above, for information regarding copyright permissions.]
Your user website content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or cahootsphotos.com.au or a third party (in each case under any applicable law).
You must not submit any website user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
cahootsphotos.com.au reserves the right to edit or remove any material submitted to this website, or stored on the servers of cahootsphotos.com.au, or hosted or published upon this website.
cahootsphotos.com.au’s rights under these terms and conditions in relation to user website content, cahootsphotos.com.au does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. cahootsphotos.com.au makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, cahootsphotos.com.au does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
cahootsphotos.com.au will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if cahootsphotos.com.au has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Himalton Pty Ltd atf The Brodie Wilson Trust trading as Cahoots in respect of any:
death or personal injury caused by the negligence of cahootsphotos.com.au or its agents, employees or shareholders/owners;
fraud or fraudulent misrepresentation on the part of cahootsphotos.com.au; or
matter which it would be illegal or unlawful for cahootsphotos.com.au to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, cahootsphotos.com.au has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against cahootsphotos.com.au’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect cahootsphotos.com.au’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as cahootsphotos.com.au.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify www.cahootsphotos.com.au and undertake to keep cahootsphotos.com.au indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by cahootsphotos.com.au to a third party in settlement of a claim or dispute on the advice of cahootsphotos.com.au’s legal advisers) incurred or suffered by cahootsphotos.com.au arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to cahootsphotos.com.au’s other rights under these terms and conditions, if you breach these terms and conditions in any way, cahootsphotos.com.au may take such action as cahootsphotos.com.au deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
cahootsphotos.com.au may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
cahootsphotos.com.au may transfer, sub-contract or otherwise deal with cahootsphotos.com.au’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Australia.
About these website Terms of Service
Details for cahootsphotos.com.au
The full name of the entity owning cahootsphotos.com.au is Himalton Pty Ltd (A.C.N 159 565 714) as trustee for The Brodie Wilson Trust, trading as Cahoots. (A.B.N. 12 652 928 696)
The registered office of Himalton Pty Ltd atf The Brodie Wilson Trust trading as Cahoots is
384 Rokeby Road
The postal address of Cahoots is:
P.O. Box 1949
You can contact Cahoots by email at our email address link at the top of this Terms of Service document.