Terms of Service

 
 

Last updated: 18 August 2026

These Terms of Service apply to this website and to products and services provided by Alexander Flood (ABN 48337651408), trading as Alexander Brougham Flood, referred to in these Terms as “I”, “me” or “my”.

By accessing or using this website, purchasing a product or service from me, or otherwise engaging my services, you agree to be bound by these Terms of Service.

If you do not agree to these Terms, you should not use this website or purchase or use my products or services.

These Terms should be read together with my Privacy Policy, which explains how I collect, use and handle personal information.

1. Changes to These Terms

I may update these Terms from time to time to reflect changes to my business, website, products, services or legal obligations.

The updated Terms will be posted on this website and will include the date they were last updated.

Changes will generally apply from the date they are published and will not retrospectively alter rights or obligations that have already arisen, unless permitted or required by law.

I recommend checking these Terms periodically.

2. Use of This Website

You agree to use this website only for lawful purposes and in a way that does not:

  • breach any applicable law or regulation;

  • infringe the rights of another person;

  • interfere with the operation or security of the website;

  • attempt to gain unauthorised access to systems or information;

  • introduce malicious software or other harmful material; or

  • misuse, copy, reproduce or distribute website content except as permitted by these Terms or by law.

I may modify, suspend or withdraw all or part of the website at any time.

I do not guarantee that the website will always be available, uninterrupted, secure or error-free.

To the extent permitted by law, I am not responsible for loss or damage resulting solely from the temporary unavailability of the website.

3. Products and Services

Information about my products and services is provided on the website or through direct communication with me.

I may change, update or discontinue products or services from time to time.

I will take reasonable care to ensure that descriptions, prices and other information displayed on the website are accurate. However, I do not guarantee that all information will always be completely accurate, current or free from errors.

Where a specific product or service has been purchased, the terms applicable to that purchase will include these Terms together with any specific terms, booking information or agreement provided to you at the time of purchase.

4. Personal Tuition and Other Services

Where I provide personal tuition, lessons, consulting or other services directly to you, I will use reasonable care and skill in providing those services.

Where applicable, I will contact you following payment to arrange or confirm the relevant service.

You are responsible for providing accurate contact information and for attending or participating in the service at the agreed time.

If you are unable to attend or need to reschedule a lesson or appointment, you should contact me as soon as reasonably possible.

Any specific cancellation or rescheduling arrangements communicated to you at the time of booking will also apply.

5. Payments and Prices

Unless otherwise agreed, payment for products or services is required before the relevant product or service is provided.

I accept the payment methods made available on the website or otherwise communicated to you.

All prices are displayed in Australian Dollars (AUD) unless otherwise stated.

Where applicable, I will state whether GST is included in the advertised price.

If I am not registered for GST, prices will be treated accordingly. If my GST status changes, I may update my prices and website information as necessary.

Prices may be changed at any time before you make a purchase.

Once a purchase has been accepted and paid for, the price applicable to that purchase will generally not change, except where an adjustment is required by law or agreed between us.

Your bank, credit card provider or other payment provider may impose additional fees, charges or foreign exchange costs. I am not responsible for charges imposed by your financial institution.

6. Payment Processing

Payments made through my website may be processed by third-party payment providers, including Stripe and/or PayPal.

Your payment details may be transmitted directly to the relevant payment provider for processing.

I do not intentionally store complete credit or debit card details on my own website servers.

Third-party payment providers operate under their own terms and privacy policies.

7. Cancellations and Refunds

If you purchase a product or service from me, you may have rights under the Australian Consumer Law (ACL) in relation to refunds, cancellations, replacements, repairs or other remedies.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Cancellation by you

You may cancel a service or lesson by contacting me.

Unless otherwise agreed, cancellation does not automatically entitle you to a refund of amounts already paid.

However, nothing in these Terms prevents you from exercising any cancellation, refund or other rights available to you under the Australian Consumer Law or other applicable law.

Where I agree to provide a refund, the refund will generally be made using the original payment method unless otherwise agreed.

8. Failure to Attend or Participate

If you fail to attend a scheduled lesson or appointment, or are otherwise unavailable at the agreed time, I may treat the service as having been provided or the booking as cancelled, subject to any specific cancellation arrangement that applies and your rights under applicable law.

I encourage you to contact me as early as possible if you need to cancel or reschedule.

9. Termination or Suspension

I may suspend or terminate your access to my website, products or services where reasonably necessary, including where you:

  • materially breach these Terms;

  • engage in unlawful, fraudulent or dishonest conduct;

  • misuse my website, products or services;

  • infringe my intellectual property rights or the rights of another person; or

  • engage in conduct that poses a significant risk to me, my business, other clients or my systems.

Where appropriate, I may provide notice before taking such action.

Nothing in this section limits any rights you may have under applicable consumer law.

10. Intellectual Property

Unless otherwise stated, all intellectual property contained in or associated with this website and my products and services is owned by me or used by me under licence.

This includes, where applicable:

  • text;

  • written material;

  • photographs;

  • graphics;

  • logos;

  • branding;

  • videos;

  • audio;

  • music;

  • educational materials;

  • lesson materials;

  • downloadable resources;

  • course materials; and

  • other original content.

You may access and use website content for your own personal, non-commercial purposes.

Unless I give you prior written permission, you must not:

  • reproduce or republish my content;

  • sell or commercially exploit my content;

  • distribute my content to third parties;

  • upload my content to another website or platform;

  • reproduce or distribute lesson or educational materials for commercial purposes;

  • modify and redistribute my content; or

  • represent my content as your own.

Nothing in these Terms prevents you from exercising rights that cannot lawfully be restricted, including any rights you may have under applicable copyright legislation.

11. User-Provided Content

If you provide information, comments, testimonials, photographs, recordings or other material to me, you remain responsible for ensuring that you have the right to provide that material.

You must not provide material that infringes another person's intellectual property, privacy or other rights.

I will not use your personal information or user-provided material for unrelated purposes without an appropriate legal basis or permission where required.

12. Third-Party Websites and Services

My website may contain links to websites, services or platforms operated by third parties.

These links are provided for convenience or information only.

I do not control and am not responsible for the content, availability, security, privacy practices or terms of third-party websites or services.

Your use of a third-party website or service is subject to that provider's own terms and policies.

13. Information and Educational Content

Information provided through my website, products or services is intended for general educational and informational purposes unless I expressly state otherwise.

While I aim to provide accurate and useful information, I do not guarantee that all information will be complete, current or suitable for your particular circumstances.

You remain responsible for determining whether a product or service is suitable for your individual needs.

14. Limitation of Liability

To the maximum extent permitted by law, I will not be liable for indirect, incidental, special or consequential loss arising from your use of my website, products or services.

This may include loss of profits, revenue, business opportunities, data or goodwill.

However, nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

Where applicable law permits me to limit my liability, my liability will be limited to the extent permitted by law.

15. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot legally be excluded.

To the extent that any provision of these Terms conflicts with a mandatory consumer right or guarantee, that mandatory right or guarantee will prevail.

16. Indemnity

To the extent permitted by law, you agree to indemnify me against losses, claims, liabilities, costs and expenses reasonably arising from your unlawful use of my website, products or services, or your breach of these Terms.

This indemnity does not apply to the extent that the relevant loss or liability was caused by my own unlawful conduct, negligence or breach of a non-excludable legal obligation.

17. Privacy

Your use of this website and my products and services may involve the collection and handling of personal information.

My collection, use, storage and disclosure of personal information is explained in my Privacy Policy, which forms part of the terms governing your use of this website.

You can view my Privacy Policy on this website.

18. No Waiver

If I do not immediately enforce a provision of these Terms, this does not mean that I have waived my right to enforce that provision in the future.

19. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or removed to the extent necessary, and the remaining provisions will continue to operate.

20. Entire Agreement

These Terms, together with any specific terms, agreements or conditions provided to you in relation to a particular product or service, constitute the agreement between you and me in relation to the relevant subject matter.

Where a separate written agreement applies to a particular product or service, that agreement will prevail to the extent of any inconsistency with these general Terms.

21. Governing Law

These Terms are governed by the laws of South Australia, Australia.

You agree that any dispute arising in connection with these Terms or my products and services will be subject to the jurisdiction of the courts of South Australia and the applicable Commonwealth courts of Australia.

22. Contact

If you have any questions about these Terms of Service, my website, products or services, please contact me through the contact details provided on my website.

Alexander Brougham Flood

ABN: [48337651408]

Business name: Alexander Brougham Flood

Email: alexanderfloodmusic@gmail.com

Website: alexanderfloodmusic.com.au

Last updated: 18 August 2026