01Acceptance of Terms
These Terms & Conditions ("Terms") govern your use of our website, landing pages, online enquiry forms, appointment booking services and optional messaging programs.
NuKind Digital is operated by NuKind Pty Ltd, an Australian business providing digital marketing and related services to businesses, including those located in the United States.
By accessing or using our website, you agree to these Terms, subject to applicable law. If you do not agree, please discontinue using the website.
These Terms do not replace any separately executed service agreement between you and NuKind Digital. If a separate agreement applies to paid services, that agreement will govern those services to the extent of any inconsistency.
02Our Services
NuKind Digital offers digital marketing and related business services, which may include:
- Search engine optimization (SEO).
- Google Ads and Meta advertising.
- Lead generation and demand generation.
- Website design and development.
- Landing page development and optimization.
- CRM integration and marketing automation.
- Digital marketing strategy and consulting.
- Social media and content marketing.
Information provided on our website is for general business information purposes and does not constitute a binding service proposal.
Specific deliverables, fees, timelines and responsibilities will be established through separate written agreements where applicable.
03Website Use
You agree to use our website lawfully and responsibly. You must not knowingly:
- Submit false or misleading information.
- Interfere with the security or operation of the website.
- Attempt unauthorized access to our systems.
- Use automated tools to disrupt our website or services.
- Infringe the intellectual property or other rights of NuKind Digital or third parties.
We may restrict access to the website when reasonably necessary to protect its operation or security, subject to applicable law.
04Enquiries and Appointment Bookings
When you submit an enquiry or schedule a consultation, you agree to provide accurate and current contact details.
We may contact you to respond to your request, confirm scheduling arrangements, provide relevant consultation information or clarify the information you submitted, using communication methods permitted by applicable law.
An appointment booking does not automatically create a paid client relationship or guarantee acceptance of a project. We may contact you if an appointment requires rescheduling or cancellation.
05NuKind Digital SMS Messaging Program
Program name: NuKind Digital SMS Communications
NuKind Digital offers an optional SMS program for individuals who have provided appropriate consent to receive messages.
Types of messages
Depending on your separate messaging preferences, SMS communications may include:
- Appointment and customer care: appointment confirmations and reminders, scheduling or rescheduling notices, responses to enquiries, and service-related communications and account notifications.
- Marketing and promotional: digital marketing service information, special offers and promotions, invitations to consultations and business events, and business growth insights.
Enrolling in appointment communications does not automatically enroll you in promotional SMS communications.
SMS consent
By actively choosing an applicable SMS opt-in option, you authorize NuKind Digital to send the corresponding category of messages to the mobile telephone number you provide. Where disclosed in the opt-in process, these messages may be sent using automated technology.
Consent to receive promotional SMS communications must be provided separately from consent to receive appointment or customer-care messages.
Consent to marketing SMS messages is not a condition of purchasing goods or services.
Providing your telephone number or agreeing to these website Terms does not, by itself, constitute consent to receive promotional SMS messages.
Message frequency
Message frequency varies according to your appointments, enquiries, interactions and selected communication preferences. You may receive recurring messages if you subscribe to an ongoing messaging program.
Message charges
Message and data rates may apply. NuKind Digital does not charge a separate subscription fee for receiving its SMS communications, but your mobile network provider may charge applicable messaging or data fees.
Opting out
You can cancel SMS communications at any time by replying STOP to a message from NuKind Digital.
After your opt-out request has been processed, you may receive a final confirmation message acknowledging your request. You will not receive further messages covered by that opt-out unless you subsequently provide valid new consent or another legal basis permits a particular communication.
We also recognize other reasonable requests to stop messages, in accordance with applicable requirements. You may request assistance with communication preferences by contacting [email protected].
Getting help
Reply HELP to an SMS message for assistance. You may also contact us at:
- Email: [email protected]
- Phone (US): (702) 213-5779
- Website: nukind.digital
Carrier disclaimer
Carriers are not liable for any delayed or undelivered messages.
SMS delivery can depend on mobile network availability, device compatibility, carrier restrictions and other factors outside our reasonable control.
Privacy of SMS information
We do not sell or share SMS opt-in consent information or mobile telephone numbers with third parties or affiliates for their own marketing or promotional purposes.
Please review our Privacy Policy for further information about personal data handling.
06Email and Other Communications
If you subscribe to marketing emails, we may send you news, promotional content and information about our services in accordance with applicable law. Commercial marketing emails will provide an appropriate unsubscribe mechanism.
You may opt out of marketing emails at any time using the unsubscribe instructions or by contacting us.
Opting out of one communication channel does not necessarily withdraw consent for a different channel. We will honor the scope of your preferences and any broader withdrawal required by law.
07Intellectual Property
Unless otherwise indicated, the text, graphics, brand elements, website content, layouts and other original materials published on our website belong to NuKind Digital, its licensors or their respective rights holders.
You may view and use website content for lawful, personal or internal business information purposes.
You must not reproduce, distribute, commercially exploit or misrepresent our protected content without appropriate authorization, except as permitted by applicable law.
08Information and Performance Disclaimer
We endeavor to provide accurate and current information, but website materials are provided for general information purposes.
Marketing performance can vary depending on business conditions, competition, budgets, market demand, implementation and other factors.
Unless expressly agreed in a separate written contract, no specific number of leads, sales, rankings, advertising results or financial returns is guaranteed.
Nothing in this section excludes any representation, warranty or obligation that cannot lawfully be excluded.
09Third-Party Services
Our website may link to, embed or integrate third-party services, including scheduling platforms, analytics tools or communication providers. Such services may be subject to their own terms and privacy policies.
We are not responsible for independently operated third-party websites or services except to the extent required by applicable law.
10Limitation of Liability
To the maximum extent permitted by applicable law, NuKind Digital will not be liable for indirect, incidental, special or consequential losses arising solely from use of the website, including interruptions, technical errors or unavailability.
Nothing in these Terms excludes or limits liability for fraud, willful misconduct, or other liabilities and legal rights that cannot lawfully be excluded or limited.
This section does not override any applicable signed service agreement or mandatory consumer protection law.
11Privacy and Data Protection
Your personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.
Where required, we will provide appropriate privacy notices and mechanisms for exercising applicable rights.
12Changes to These Terms
We may update these Terms to reflect changes in our operations, website features, messaging practices or applicable legal requirements. Updated Terms will be published with a revised effective date.
Where required by law, we will provide additional notice or obtain renewed consent.
Material changes to SMS program purposes will not automatically expand the scope of any previously granted SMS consent.
13Governing Law
Except where mandatory laws provide otherwise, these Terms are governed by the laws of Victoria, Australia.
This provision does not remove any non-waivable rights or protections available to individuals under applicable US federal or state laws.
Any dispute resolution or jurisdiction provisions contained in a separately executed service agreement will apply to that agreement.
14Contact Information
For questions about our website, services or messaging program, contact:
NuKind Digital, operated by NuKind Pty LtdSuite 428/585 Little Collins Street, Melbourne VIC 3000, Australia
Email: [email protected]
Phone (US): (702) 213-5779
Phone (within Australia): 1300 710 951
Website: nukind.digital
