Terms of Use

1. Who we are

This website, kdgm.com.au, is operated by Kurgel Pty Ltd, ACN 161 536 036, trading as Kurgel Digital Marketing (“Kurgel”, “we”, “us”). Our address is 100 Bulla Road, Essendon Fields VIC 3041.

2. Accepting these terms

By using this website you accept these terms. If you do not accept them, stop using the site.

3. These terms are not a client agreement

Nothing on this website is an offer, a quote, or a contract. If you engage Kurgel, a separate written agreement sets out the scope, the fee, your ad spend and the obligations on both sides. Where that agreement and these terms differ, that agreement wins.

4. What is on this site

The content here is general information about what we do. It is not marketing advice, legal advice, financial advice or tax advice, and it is not tailored to your business. Figures, timeframes and examples describe past or intended work and are not a promise of what your account will do.

5. No guarantee of results

Advertising results depend on your market, your offer, your pricing, your ability to answer enquiries, and platform decisions outside our control. We do not guarantee any level of leads, sales, cost per result, return on ad spend or ranking. Any figure shown on this site describes a specific past account and is not a forecast for yours.

6. Using this site

You may view, browse and print pages for your own use. You must not:

• (a) copy, republish or resell any part of this site for commercial purposes;
• (b) use automated tools to scrape, harvest or index the site beyond ordinary search engine crawling;
• (c) attempt to gain unauthorised access to any part of the site or its systems;
• (d) upload anything malicious, unlawful, misleading or infringing;
• (e) submit false information through the enquiry form or booking system;
• (f) use the site to send unsolicited commercial messages;
• (g) use any part of the site to build or train a competing service.

7. Intellectual property

The text, layout, design, code, images and brand marks on this site are owned by Kurgel or used with permission. Client names, logos and campaign material shown in case studies remain the property of those clients and appear with their written permission.

8. What you send us

You keep ownership of anything you submit through the enquiry form or a booking. You are responsible for its accuracy and for having the right to send it. By submitting it you allow us to use it for the purpose of responding to you and assessing whether we can help. Anything you send us as feedback or a suggestion is not confidential and we may use it without owing you payment.

9. Enquiries and bookings

Enquiry forms and call bookings are handled by third-party providers. Submitting an enquiry or booking a call creates no obligation on either side. We aim to respond within one working day but do not guarantee it.

10. Links to other sites

This site links to third-party sites and tools we do not control, including booking and advertising platforms. We are not responsible for their content, their availability, or their handling of your information. Their terms and privacy policies apply when you use them.

11. Availability

We do not guarantee the site will be available, uninterrupted or error-free. We may change, suspend or withdraw any part of it at any time without notice.

12. Corrections

The site may contain errors, omissions or out-of-date information. We may correct anything at any time without notice.

13. Disclaimers and your rights under Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Subject to that, this site is provided “as is” and we exclude all other warranties to the extent the law allows.

14. Limitation of liability

To the extent the law allows, we are not liable for any indirect, consequential, special or incidental loss, or for loss of profit, revenue, data or goodwill, arising from your use of this site. Where our liability cannot be excluded but can be limited, our liability is limited to resupplying the relevant information or paying the cost of having it resupplied. Liability arising from a client engagement is dealt with in that engagement's written agreement, not here.

15. Indemnity

You agree to cover us for any claim, loss or cost arising from your breach of these terms, your misuse of the site, or your breach of any law or third-party right.

16. Privacy

How we handle personal information is set out in our Privacy Policy, which forms part of these terms.

17. Changes to these terms

We may update these terms at any time. The version on this page is the current one and the date at the top shows when it last changed. Continuing to use the site after a change means you accept the updated terms.

18. Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

19. Contact

Questions about these terms go through our contact form or by email to hello@kdgm.com.au.

Or by post: Kurgel Pty Ltd, 100 Bulla Road, Essendon Fields VIC 3041.