Terms & Conditions
The terms that apply when you use this website and Heath Kirby Tutoring's services.
Version 3.0 · July 2026 · next review December 2026. These Terms apply to the tutoring services provided by Heath Kirby Tutoring (ABN 15 230 592 663), Dr Heath Kirby — Sydney, New South Wales, Australia. Contact: hello@heathkirby.com.au · Website terms of use are set out in Part B below.
The terms of the tutoring relationship between you (the Client) and Heath Kirby Tutoring (the Company).
(a) Final Essay and Thesis Review — the inclusions and exclusions are set out in the Final Essay and Thesis Review inclusions available at the website. (b) Registration fees apply from 1 August 2026.
(a) 25% surcharge. Services requested within 48 hours of the public or agreed submission due date attract a 25 (twenty-five) per cent surcharge on advertised or quoted prices. (b) 50% surcharge. Services requested within 24 hours of the due date attract a 50 (fifty) per cent surcharge. (c) Sunday & public holiday tutoring. To align with Australia's Fair Work Act (2009), on a Sunday or public holiday, unless otherwise agreed in writing between the Company and the Client, two (2) hours are billed for each one (1) hour of work performed.
(a) Cancellation. The Client is required to provide at least 48 hours' notice to cancel a lesson. Sessions cancelled within 48 hours of the scheduled lesson are charged at one hourly rate from 1 August 2026. For circumstances beyond the Client's control, a reasonable explanation will suffice; supporting paperwork may be provided at the Client's discretion. The Company reserves the right to reschedule by giving reasonable written notice to the Client.
(b) No-show. If the Client does not attend after fifteen (15) minutes, one (1) hour is deducted from hours paid for in advance (two hours on a Sunday or public holiday), and the lesson is rescheduled by Heath Kirby Tutoring. An invoice may be issued for any extra payment required.
(c) Refunds. The Company will only provide a refund of the Subscription Fee / Services Fee where it is unable to continue providing the Services, or where the manager of the Company decides, at its absolute discretion, that a refund is reasonable in the circumstances. Any refund is the proportional amount of the fee that remains unused. These rights apply in addition to your rights under the Australian Consumer Law. Refunds are not issued based upon:
The Company provides professional, high-quality instruction tailored to the Client's needs. The Client agrees to attend sessions punctually and prepared, and understands that results depend on their own effort and engagement. On artificial intelligence, the Company follows the advice given by The University of Melbourne. The Company performs an initial check of work submitted to it (by email) for AI purposes; however, no responsibility is accepted if an institutional academic-integrity matter is raised between the Client and their institution. AI-matters can be discussed during your lesson for specific personalised advice.
So the Company can continue to provide the highest quality of service and gain constructive feedback, it is an expectation that the Client provides at least one review on a choice of platforms, sent to the Client after their first and subsequent lessons. If, after five (5) lessons, the Client has not left a review on at least one platform, the tutoring relationship may be ended by the Company.
The Company keeps all student information and records confidential and will not share them without the Client's written consent, unless required by law. The personal information requested, and the reasons for requesting it, will be made clear at the time. Information provided in email communication remains confidential, with the exception of feedback on our (i) products, (ii) services, (iii) your customer experience and (iv) academic results, which may be used for promotional purposes — please notify us in writing if you do not wish this. See our Privacy Policy for how your information is handled.
Lessons can be recorded with the Client's verbal consent — please ask if you would like a lesson recorded. Recordings are made available within 48 hours after the lesson by emailing the Client a secure link.
The Company is not liable for any indirect, incidental or consequential damages arising from the tutoring relationship or the services provided.
The Company may issue written notice at any time ending the tutoring relationship. Depending on the circumstances, a refund will be offered within 28 business days from written notice.
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, written or oral. It is governed by the laws of the State of New South Wales, Australia.
These terms govern your use of heathkirby.com.au itself, alongside the services terms above.
By using, browsing or reading heathkirby.com.au you agree to be bound by these Terms; if you do not agree, please stop using the website. You agree to use the website only for lawful purposes, not to misuse any login or another person's information, and not to make automated use of the website. Heath Kirby Tutoring may update these Terms by publishing changes on this page, which take effect from the date of publication.
The website, its content and Heath Kirby Tutoring's related materials are protected by copyright and trademark under Australian and international law. You are granted a limited, non-transferable licence to view and print pages for your own personal, non-commercial use. You may not republish, redistribute, adapt or commercially exploit any part of the website without prior written permission.
Nothing in these Terms excludes any guarantee, right or remedy you have under the Australian Consumer Law. Subject to that, the website is provided "as is" and "as available", and use of it is at your own risk. To the extent permitted by law, Heath Kirby Tutoring is not liable for any special, indirect or consequential loss arising from your use of the website.
If a dispute arises, the parties will first attempt in good faith to resolve it by negotiation and, if unresolved within 28 days, by mediation held in Sydney, Australia. These Terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales are the exclusive venue for any dispute. If any part of these Terms is found to be void or unenforceable, that part is severed and the remainder stays in force.
