Terms & Conditions

Terms updated October 7, 2025 

About the Website

1. 1. Welcome to http://www.HeathKirby.com.au. The Website offers tutoring and related services.
   2. The Website is operated by Every Minute Media, ABN 15 230 592 663.
      Access to and use of the Website, or any of its associated Products or Services, is provided by Every Minute Media.
      Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
   3. Every Minute Media reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Every Minute Media updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
   You accept the Terms by remaining on the Website.
3. Your obligations as a website visitor and user
   You agree to comply with the following:
   1. 1. you will use the Services only for purposes that are permitted byi. the Terms; and
         ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      3. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
      4. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Every Minute Media;
      5. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4. Payment
   1. All payments made in the course of your use of the Services are made using various payment providers. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.
   2. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
   3. You agree and acknowledge that Every Minute Media can vary the Services Fee at any time and that the varied Services Fee will come into effect with reasonable notice to you.
5. Refund Policy
   1. Every Minute Media will only provide you with a refund of the Subscription Fee / Services Fee in the event they are unable to continue to provide the Services or if the manager of Every Minute Media makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
   2. Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.
6. Copyright and Intellectual Property
   1. The Website, the Services and all of the related products of Every Minute Media are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by or its contributors.
   2. All trademarks, service marks and trade names are owned, registered and/or licensed by Every Minute Media, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
      3. print pages from the Website for your own personal and non-commercial use.
   3. does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Every Minute Media.
   4. retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
   5. You may not, without the prior written permission of and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7. Privacy
   Every Minute Media takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to ‘s Privacy Policy, which is available on the Website.
8. General Disclaimer
   1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
   2. Subject to this clause, and to the extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. Every Minute Media will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
   3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of make any express or implied representation or warranty about the Services of ) referred to Services or any products or Services on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products of Every Minute Media; and
      4. the Services or operation in respect to links which are provided for your convenience.
9. Limitation of liability
   1. Every Minute Media’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
   2. You expressly understand and agree that Every Minute Media, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of any kind, including academic results, profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10. Competitors
    If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Every Minute Media. Competitors are not permitted to use or access any information or content on our website. If you breach this provision, Every Minute Media will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
11. Indemnity
    You agree to indemnify Every Minute Media, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    3. any breach of the Terms.
12. Dispute Resolution
    1. Compulsory:
       If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
       A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
       On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
       i. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree
       ii. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the ;
       iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
       iv. The mediation will be held in Sydney, Australia.
    4. Confidential
       All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation:
       If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
    The Services offered by Every Minute Media are intended primarily for residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South wales, Australia.
14. Governing Law
    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.