Terms and Conditions

Last updated on 1 October 2026

William Howard trading as Fox and Howard

ABN 35 941 887 719

Terms and Conditions for Buying Products and Just Browsing

Welcome to Fox and Howard (the Company).

In these terms, we also refer to the Company as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being cellothumbsup.com and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you purchase printed music books through this Website (Products). They do not apply to tutoring or other services, which, if offered, will be governed by separate terms unless we expressly state otherwise.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: cellothumbsup.com/privacy. If you are located in the European Economic Area or the United Kingdom, our Privacy Policy also describes how we handle your personal data under applicable data protection laws, including the General Data Protection Regulation.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

Part A: Terms for when you buy Products (applies when you buy)
Part B: Terms for when you browse and interact with this Website (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you submit and pay for an Order, the terms accepted at the point of sale will apply to your purchase of those Products. We may change these terms at any time by updating this page of the Website, so different terms may apply the next time you use the Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

Part A For When You Buy Products

1. Submitting an order

(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
1. (i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
2. (ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is agreed between you and us when we approve your payment and you receive an email confirming that your Order is being processed. From that time, the Order is binding and cannot be cancelled or changed by you, except where required by law or expressly permitted under clause 6.3.

2. Accounts

(a) To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

3. Products

(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by the Company. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

4. Payment

(a) All prices are:
1. (i) per unit (except where indicated);
2. (ii) in Australian Dollars; and
3. (iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) We are not currently registered for GST and no GST is charged on Products. If our GST registration status changes, prices will be displayed as inclusive or exclusive of GST as stated on the Website and any taxable supply will be documented in accordance with applicable law.
(d) (Card surcharges) Where permitted by law:
1. (i) we do not apply a surcharge to payments made using eftpos, Mastercard or Visa networks, including debit, prepaid and credit cards;
2. (ii) we may apply a surcharge to a payment method not subject to Reserve Bank of Australia surcharging restrictions, but the surcharge will not exceed our cost of acceptance for that method; and
3. (iii) RBA surcharging restrictions means restrictions imposed or administered under the Payment Systems (Regulation) Act 1998 (Cth), together with applicable standards and instruments.
(e) (Online payment partner) We use Square or another third-party payment provider (Payment Provider) to process payments for Products. Payment processing is also subject to the Payment Provider’s terms and privacy policy. To the maximum extent permitted by law, we are not responsible for the security or performance of the Payment Provider. We may correct, or instruct our Payment Provider to correct, an error in processing a payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

5. Delivery and shipping

(a) (Delivery fee) A flat delivery fee of $12.50 applies to each Australian Order, regardless of the number of Products in that Order, and will be added at checkout. Australian Orders are sent by standard Australia Post only. Express delivery is not available.
(b) (Dispatch and delivery) For Australian Orders:
1. (i) we aim to lodge your Order with Australia Post within 5 business days after we confirm the Order; and
2. (ii) standard delivery generally takes approximately 4 to 7 business days after dispatch, although delivery to remote locations or during peak periods may take longer. These timeframes are estimates, not guarantees, and do not limit any right you have under the Australian Consumer Law.
(c) (Delivery issues) Contact us at contact@cellothumbsup.com if an Order is delayed, lost or arrives damaged. We will investigate with Australia Post and, where appropriate or required by law, offer a replacement, refund or other remedy. Nothing in this clause limits any right or remedy you have under the Australian Consumer Law.
(d) (International orders) We primarily sell within Australia but may accept an international Order at our discretion. International delivery charges will be displayed or agreed before we accept the Order. You are responsible for customs duties, import taxes and other destination charges. We may refuse an international Order. Nothing in this clause excludes any right that cannot lawfully be excluded.

6. Changes to your order

6.1 Cancellation by us

We may cancel an Order if a Product is unavailable, payment cannot be processed, the delivery address cannot reasonably be serviced, or a material pricing or description error occurred. We will notify you promptly and refund any amount paid for the cancelled Order to the original payment method.

6.2 Cancellation by you

You cannot cancel or change an Order after we approve your payment and confirm that the Order is being processed. This does not limit your rights under the Australian Consumer Law or our returns process in clause 6.3.

6.3 Returns and exchanges

(a) We do not accept returns or provide refunds or exchanges because you change your mind. This does not affect any right or remedy you have under the Australian Consumer Law.
(b) If the Australian Consumer Law applies and a Product fails to satisfy a consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy depending on the circumstances. We may also provide a refund, replacement or other remedy where:
1. (i) a Product you ordered was not received because of our act or omission;
2. (ii) a Product supplied was not substantially the same as the Product ordered, subject to reasonable differences in screen display, colour, brightness and image quality; or
3. (iii) a Product is faulty or damaged, in which case the process in clause 6.3(c) applies.
(c) (Faulty products) The following process applies to any Product you believe to be faulty.
1. (i) To request a remedy, email contact@cellothumbsup.com with your name, Order details, a description of the issue and, where relevant, photographs showing any damage or fault.
2. (ii) If we reasonably require the Product for inspection, we will give you return instructions. Where the Australian Consumer Law requires us to bear return costs, we will reimburse reasonable return postage or arrange return delivery.
3. (iii) A Product is not faulty merely because of fair wear and tear, misuse, accidental damage, a failure to follow applicable instructions or a failure to take reasonable care. If the Product is not faulty, we may return it to you at your reasonable cost.
4. (iv) If a Product is faulty, damaged, lost in transit or otherwise fails to satisfy a consumer guarantee, we will provide the remedy required by the Australian Consumer Law. Depending on the circumstances, the remedy may be a repair (where practical), a replacement copy, a refund or another remedy. Where the law gives you a choice of remedy, we will honour that choice. Any refund will ordinarily be made to the original payment method.
5. (v) We may ask for reasonable information, photographs and proof of purchase to assess a claim. A failure to provide reasonably requested information may delay assessment, but does not exclude any right or remedy that cannot lawfully be excluded.
6. (vi) Nothing in this clause limits any manufacturer’s warranty or any right or remedy that cannot be excluded under applicable law, including the Australian Consumer Law.

7. Intellectual property

(a) Copyright and other intellectual property rights in the Products are owned by or licensed to us. This includes rights in the books, musical compositions and arrangements, illustrations, text, layout, typesetting, labelling and packaging. Publication by a third-party publisher, including AMEB, does not transfer those rights to you. All rights are reserved.
(b) Your purchase gives you ownership of the physical copy supplied to you. It does not transfer copyright or any other intellectual property right. Except as permitted by law, you must not copy, scan, photograph, digitise, reproduce, share, distribute, upload, communicate, adapt, translate or otherwise make available the whole or any substantial part of a Product without the prior written consent of the relevant rights holder.
(c) Unauthorised copying, scanning, sharing or reproduction of a book or its contents may infringe copyright and may expose you to legal action. The restrictions in this clause apply to compositions and illustrations owned by us and to material owned by a publisher or other licensor.
(d) In this clause 7, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

8. Third party terms suppliers

(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 6.

Part B For When You Browse This Website

9. Access and use of the Website

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

10. Your obligations

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
1. (i) gaining unauthorised access to Website accounts or data;
2. (ii) scanning, probing or testing the Website for security vulnerabilities;
3. (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
4. (iv) instigate or participate in a denial-of-service attack against the Website.

11. Information on the Website

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
1. (i) the Website may have errors or defects (or both, as the case may be);
2. (ii) the Website may not be accessible at times;
3. (iii) messages sent through the Website may not be delivered promptly, or delivered at all;
4. (iv) information you receive or supply through the Website may not be secure or confidential; and
5. (v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

12. Intellectual property

(a) The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.
(c) In this clause 12, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

13. Links to other websites

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

14. Third party platform

(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://squareup.com/au/en/legal/general/payment.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

15. Security

To the maximum extent permitted by law, the Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

16. Reporting misuse

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C Liability And Other Legal Terms

17. Liability

17.1 Warranties

The Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) gives consumers guarantees and remedies that cannot be excluded, restricted or modified. Nothing in these terms is intended to exclude, restrict or modify those rights. Subject to the ACL:

(a) Products sold by the Company, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

17.2 Liability

(a) To the maximum extent permitted by law and subject to clause 17.2(b), the total monetary liability of each party for loss or damage sustained by the other party in connection with these terms is limited to the total amount paid and payable by you to the Company under the most recent Order giving rise to the relevant liability. This cap does not limit our obligation to provide a repair, replacement, refund or other remedy under clause 6.3 or the Australian Consumer Law.
(b) Clause 17.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:
1. (i) the intellectual property provisions of these terms, including any unauthorised copying, scanning, sharing or reproduction of the Products; or
2. (ii) any obligation to indemnify the other party under these terms, or a party’s liability for fraud, wilful misconduct or a breach of applicable law.

17.3 Consequential loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:

(a) in relation to a party’s liability for fraud or wilful misconduct; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

18. General

18.1 Governing law and jurisdiction

This agreement is governed by the laws of Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of proceedings arising out of or in connection with these terms.

18.2 Waiver

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3 Severance

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

18.4 Joint and several liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5 Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

18.6 Costs

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

18.7 Entire agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

18.8 Interpretation

(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

19. Notices

(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.