Terms & Conditions
1. About these Terms
1.1 These Terms set out the conditions on which you may access and use the website operated by Kitbag Consulting Pty Ltd (ABN 83 137 685 628) trading as “Kitbag” (we, us, our) at https://kitbagconsulting.com.au (Site), and our official pages, profiles and campaigns on third-party social media platforms (Social Media Channels).
1.2 By accessing or using our Site or Social Media Channels, submitting information to us, or participating in our digital marketing campaigns, you agree to be bound by these Terms. If you do not agree, you must not use our Site or Social Media Channels.
1.3 Additional terms may apply to specific services, proposals, campaigns, competitions, or promotions. Where there is any inconsistency, those additional terms will prevail to the extent of the inconsistency.
SECTION A – WEBSITE TERMS OF USE
2. Who we are and how to contact us
2.1 The Site is operated by Kitbag Consulting Pty Ltd (ABN 83 137 685 628), an Australian private company registered in the Australian Capital Territory.
2.2 Our contact details are:
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Phone: +61 (0)411 702 785
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Postal address: 2 Brindabella Cct Canberra Airport ACT 2609
2.3 References in these Terms to “you” or “your” are to any person accessing or using the Site or our Social Media Channels.
3. Use of our Site
3.1 You may use the Site for your own business purposes and to learn about our services, subject to these Terms.
3.2 You must not use the Site (or attempt to use the Site):
a. in any way that is unlawful, fraudulent or misleading;
b. to transmit, distribute or introduce any virus, malware or other harmful code;
c. to infringe the intellectual property or privacy rights of any person;
d. to interfere with or disrupt the Site or any servers or networks connected to the Site; or
e. to data-mine, scrape or use any automated tools (including robots, spiders or similar) other than for standard search engine indexing.
3.3 We may restrict, suspend or terminate your access to the Site at any time if we reasonably believe you have breached these Terms or are misusing the Site.
4. Information on the Site – not advice
4.1 The content on our Site and Social Media Channels is provided for general information only. It is not professional advice and must not be relied on as such.
4.2 You are responsible for evaluating the accuracy, completeness and relevance of any information and obtaining independent professional advice before acting or relying on it.
4.3 We may change, update or remove content at any time without notice.
5. Our services and proposals
5.1 Any description of our services, case studies, capability statements or examples of past work on the Site or Social Media Channels are illustrative only and do not form a binding offer.
5.2 Any engagement for consulting or related services will be governed by separate written agreements between you and us. If there is any inconsistency between those agreements and these Terms, the separate agreement will prevail to the extent of the inconsistency.
6. Intellectual property
6.1 Unless otherwise stated, we own or are licensed to use all intellectual property rights in the Site and Social Media Channels, including text, graphics, logos, icons, images, video, audio, downloads, software and the overall look and feel (KitBag Content).
6.2 We grant you a non-exclusive, revocable, non-transferable licence to access and use the Site solely for your own internal business purposes, in accordance with these Terms.
6.3 You must not (and must not permit anyone else to):
a. copy, reproduce, adapt, modify, publish, communicate or distribute any KitBag Content except as expressly permitted by these Terms or with our prior written consent;
b. remove or tamper with any copyright, trade mark or other proprietary notices on the Site; or
c. use any of our trade marks, brand names or logos without our prior written consent.
7. User-generated content
7.1 You may be able to post, submit or upload content (such as comments, reviews, testimonials, images or other materials) to our Site or Social Media Channels (User Content).
7.2 By providing User Content, you:
a. warrant that you own or have all necessary rights to that User Content;
b. warrant that the User Content is accurate, not misleading and does not infringe any law or third-party rights; and
c. grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, adapt, publish, distribute and display the User Content in connection with our business, including in our marketing and promotional materials (in any format and media).
7.3 We may moderate, edit or remove any User Content at our discretion, including where we reasonably consider it to be unlawful, offensive, misleading or otherwise inappropriate.
8. Third-party websites and tools
8.1 The Site and our Social Media Channels may contain links to third-party websites, tools or services (Third-Party Services). These are provided for convenience only.
8.2 We do not control, endorse or approve Third-Party Services, and we are not responsible for their content, policies or practices.
8.3 Your use of any Third-Party Services is at your own risk and subject to the terms and conditions and privacy policies of the relevant third party.
9. Australian Consumer Law
9.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or Australian Consumer Law (ACL) that cannot lawfully be excluded, restricted or modified.
9.2 Where our liability for breach of any consumer guarantee can be limited, and where it is fair and reasonable for us to do so, our liability is limited to (at our election):
a. in the case of services – the resupply of the services, or the payment of the cost of resupplying the services; and
b. in the case of goods (if any) – the replacement of the goods, the supply of equivalent goods, or the payment of the cost of doing so.
10. Disclaimers and limitation of liability
10.1 To the maximum extent permitted by law, we make no representations, warranties or guarantees that:
a. the Site or Social Media Channels will be available, uninterrupted, error-free or secure;
b. the Site or Social Media Channels will be free from viruses or other harmful code; or
c. the content on the Site or Social Media Channels is complete, accurate or up-to-date.
10.2 To the maximum extent permitted by law, we exclude all liability for any loss or damage (including indirect, special or consequential loss, loss of profit, loss of opportunity or business interruption) arising out of or in connection with:
a. your use of, or inability to use, the Site or Social Media Channels;
b. your reliance on any content or information; or
c. any acts or omissions of Third-Party Service providers,
whether in contract, tort (including negligence), statute or otherwise.
10.3 To the extent our liability cannot be excluded, our total aggregate liability to you for all claims arising out of or in connection with the Site, Social Media Channels and these Terms are limited.
11. Indemnity
11.1 You indemnify us (and our directors, employees and contractors) from and against any loss, damage, liability, cost or expense (including reasonable legal costs) arising out of or in connection with:
a. your breach of these Terms;
b. your misuse of the Site or Social Media Channels; or
c. any claim that any User Content you provide infringes any law or third-party rights.
11.2 This indemnity is reduced to the extent that the loss, damage, liability, cost or expense is caused by our negligence, fraud or wilful misconduct.
12. Changes to the Site and these Terms
12.1 We may update, modify, suspend or discontinue any part of the Site or our Social Media Channels at any time without notice.
12.2 We may also update these Terms from time to time. The updated Terms will be effective when posted on the Site, with the “Last updated” date revised. Your continued use of the Site or Social Media Channels after that date will constitute your acceptance of the updated Terms.
13. Governing law and jurisdiction
13.1 These Terms are governed by the laws of the Australian Capital Territory, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and any courts entitled to hear appeals from those courts.
SECTION B – PRIVACY, SOCIAL MEDIA & MARKETING TERMS
14. Our privacy commitment
14.1 We are committed to handling personal information in an open and transparent way, and in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, where they apply to us.
14.2 Our digital services and marketing campaigns are primarily directed to business and government clients. We do not knowingly collect personal information about children under 16 for marketing purposes.
15. What personal information we collect
15.1 The types of personal information we may collect include:
a. identification information – such as your name, job title and organisation;
b. contact details – such as email address, phone number, postal address and preferred contact method;
c. interaction information – such as your enquiries, feedback, survey responses, meeting notes and correspondence with us;
d. marketing and communications preferences – including whether you have opted in or out of receiving certain communications;
e. technical and usage data – including IP address, device identifiers, browser type, pages viewed, time and date of visits, and referring URLs; and
f. social media information – such as your social media handle, profile information, interactions with our posts (likes, shares, comments), and responses to our social media campaigns, forms or lead ads.
15.2 We do not generally collect sensitive information (such as health, racial or ethnic origin, or criminal history). If we do, it will only be with your consent or as otherwise permitted by law.
16. How we collect personal information
16.1 We may collect personal information directly from you when you:
a. fill in a contact form, download a resource, or subscribe to a mailing list via our Site;
b. request a proposal or further information;
c. attend our events, webinars or meetings;
d. respond to a survey or participate in a competition or promotion; or
e. contact us via email, phone or other channels.
16.2 We also collect personal information through:
a. our Social Media Channels, including when you like, follow, comment on or share our content, or respond to our lead forms or direct messages;
b. digital advertising tools (for example, Meta, LinkedIn, Google Ads or similar platforms) including through tracking technologies such as cookies, pixels and tags; and
c. website analytics services which collect technical and usage data about how you interact with our Site.
16.3 Where it is lawful and reasonable, you may choose to interact with us anonymously or using a pseudonym (for example, browsing our Site without logging in), although this may limit our ability to respond to your queries or provide certain services.
17. How we use personal information
17.1 We may use your personal information for purposes including:
a. providing our consulting and related services;
b. responding to your enquiries and requests for information;
c. sending you newsletters, insights, case studies and other content we think may be relevant to you;
d. planning, running and optimising our marketing campaigns and events;
e. creating and managing customer lists, including for digital advertising and retargeting;
f. understanding how users interact with our Site and Social Media Channels, so we can improve our content and user experience;
g. complying with our legal and regulatory obligations; and
h. any other purpose you would reasonably expect or that we disclose at the time of collection.
17.2 We may de-identify information and use it for analytics, benchmarking and reporting.
17.3 We will not sell your personal information to third parties.
18. Social media pages, campaigns and user content
18.1 When you interact with our Social Media Channels (for example, on LinkedIn, Facebook, X/Twitter or other platforms):
a. the platform provider will also collect and handle personal information about you in accordance with its own terms and privacy policy; and
b. we may be able to see limited information about you (for example, your name, handle, public profile, job title, location and your interactions with our content).
18.2 If you comment on or message us via our Social Media Channels, we may retain a record of that communication and use it to respond to you, track engagement and improve our content.
18.3 We may use User Content (for example, public comments, tags or testimonials mentioning us) in our marketing materials, provided we do so in accordance with the platform’s terms and applicable privacy laws.
18.4 Our social media campaigns and competitions are not sponsored, endorsed, administered by, or associated with the relevant platform provider. You release the platform provider from any liability arising out of or in connection with your participation, to the extent permitted by law.
19. Digital advertising, cookies and tracking
19.1 We may use cookies, pixels and similar technologies on our Site and Social Media Channels to:
a. remember your preferences and improve your experience;
b. measure the performance of our Site and campaigns;
c. create audience segments for our marketing; and
d. deliver more relevant ads to you on third-party platforms (for example, through remarketing and look-alike audiences).
19.2 You can usually control or disable cookies through your browser settings. However, blocking certain cookies may impact the functionality of the Site.
19.3 You can also manage advertising preferences directly with some platforms (for example, Meta, LinkedIn and Google) to control how ads are personalised for you.
20. Direct marketing
20.1 We may send you direct marketing communications (including by email, SMS or social media) where you have:
a. provided your consent; or
b. otherwise reasonably expect to receive such communications from us.
20.2 You may opt out of receiving direct marketing at any time by:
a. using the unsubscribe link in our emails;
b. following any opt-out instructions in SMS messages; or
c. contacting us at coord@kitbagconsulting.com.au.
20.3 Even if you opt out of marketing messages, we may still contact you for non-marketing reasons (for example, about an existing engagement or legal notices).
21. Disclosure of personal information
21.1 We may disclose your personal information to:
a. our employees, contractors and service providers who need it to assist us in operating our business (for example, IT providers, CRM and email providers, marketing agencies, legal and accounting advisors);
b. digital advertising and analytics providers who help us run campaigns and measure performance;
c. platform providers of our Social Media Channels;
d. our professional advisers, insurers and auditors; and
e. any third parties where required or authorised by law, or where you have otherwise consented.
21.2 Some of these recipients may be located outside Australia. Where reasonably practicable, we will take steps to ensure overseas recipients handle your personal information in a way that is consistent with the Australian Privacy Principles.
22. Data security
22.1 We take reasonable steps to protect personal information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure.
22.2 We use a combination of physical, technical and administrative safeguards. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
23. Access, correction and complaints
23.1 You may contact us to request access to, or correction of, personal information we hold about you. We may need to verify your identity before responding.
23.2 If you have a complaint about how we have handled your personal information, please contact us at coord@kitbagconsulting.com.au with details of your concern. We will investigate and respond to you within a reasonable period.
23.3 If you are not satisfied with our response, you may be able to contact the Office of the Australian Information Commissioner (OAIC) for further guidance or to lodge a complaint.
24. How to contact us about privacy
24.1 If you have any questions about these Terms or how we handle personal information, please contact:
Privacy Officer – Kitbag Consulting Pty Ltd
Email: coord@kitbagconsulting.com.au
Postal address: 2 Brindabella Cct Canberra Airport ACT 2609