1. About these Terms
These Terms of Service (Terms) govern your access to and use of LeadRadar (the Service), a subscription lead service for web designers and agencies. LeadRadar is owned and operated by Angus Lewington trading as Alien Web Design, ABN 32 385 519 280, a sole trader (we, us, our).
Angus Lewington trading as Alien Web Design (ABN 32 385 519 280) is the party you contract with under these Terms and the supplier of the Service. Our contact details are:
- Email: [email protected]
- Registered & postal address: Mosman, Sydney NSW, Australia
By creating an account, subscribing, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm you are authorised to bind that business, and you refers to that business.
Your use of the Service is also governed by our Acceptable Use Policy and our Privacy Policy, which form part of these Terms.
2. What LeadRadar is
LeadRadar continuously scans public sources for Australian businesses that show a signal of needing a website (for example, no website, a site that has gone offline, a domain or SSL certificate expiring, or a stale website builder page) and surfaces those businesses to subscribers as leads.
A lead consists of business information (such as the business name, publicly available contact details, and the signal that was detected) that you may use to contact that business about your web design services. LeadRadar is an information and coordination tool only. We do not introduce you to the business, endorse you, act as your agent, or make any contact with the business on your behalf. All outreach is initiated and conducted by you.
3. Eligibility & your account
The Service is offered for business use by web designers, developers, and agencies. You must be at least 18 years old and able to enter into a binding contract. You are responsible for the accuracy of the information you provide and for keeping your account credentials secure. You are responsible for all activity that occurs under your account.
4. Territories & plans
LeadRadar is organised into geographic territories. When you subscribe, you select a territory and a plan.
- Shared territories operate on a first-come, first-served claim model. When you claim a lead, it is removed from other subscribers' feeds for a cooldown period so the same business is not worked by multiple subscribers at once. A shared territory does not grant you exclusivity over the area.
- Exclusive territories are allocated to a single subscriber. While your subscription is active and in good standing, the leads detected in that territory are made available only to you.
Availability of any particular territory or plan is not guaranteed and may change. Some areas are reserved and are not offered for sale. Exclusivity applies only for the paid period of an active subscription; it lapses automatically if your subscription ends, is cancelled, or is suspended for non-payment or breach, and the territory may then be offered to another subscriber.
5. Subscription, billing & cancellation
LeadRadar is a month-to-month subscription with no fixed term and no lock-in contract. Fees are billed in advance for each monthly billing period and, unless you cancel, your subscription renews automatically at the start of each period using your nominated payment method.
All fees are stated in Australian dollars and are inclusive of GST. We are registered for GST, and a tax invoice is provided for each payment.
All prices are in Australian dollars (AUD). Prices are stated inclusive or exclusive of GST as indicated at the point of sale; where GST applies, it will be charged in accordance with Australian law. We may change our fees on a prospective basis by giving you reasonable notice before your next renewal; continued use after a fee change takes effect constitutes acceptance of the new fee.
You can cancel at any time from your account or by contacting us. Cancellation takes effect at the end of your current paid billing period, and you retain access until then. Because billing is monthly and in advance, fees already paid for the current period are generally not refunded except where a refund is required by law, including under the Australian Consumer Law. We do not provide pro-rata refunds for the unused portion of a billing period.
6. No guarantee of leads
Leads are prospecting signals, not warm enquiries. A lead means a business's public situation suggests it may need a website; it does not mean the business has asked to be contacted or is ready to buy.
We do not guarantee, and expressly make no representation about:
- the number, frequency, or volume of leads you will receive in any territory or period;
- the accuracy, completeness, or currency of any lead or its contact details, which are drawn from public sources that may be out of date or incorrect;
- the quality of any lead, or that any lead will respond, convert into work, or generate revenue for you; or
- any specific outcome, return on investment, or business result from your subscription.
Your success depends on your own outreach, offering, and follow-up. You subscribe on the understanding that the Service provides detection signals only and that results are not promised.
7. Your use & Acceptable Use
You are solely responsible for how you use the leads and for all of your contact with the businesses in them. Our Acceptable Use Policy is incorporated into these Terms and sets out mandatory obligations, including that:
- your marketing and outreach comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Privacy Act 1988 (Cth), and all other applicable laws; this responsibility rests entirely with you as the sender;
- you must not resell, redistribute, publish, or share the leads or the feed; and
- you must not scrape, bulk-extract, or automatically harvest the Service.
A breach of the Acceptable Use Policy is a breach of these Terms.
8. Licence & no resale
Subject to these Terms and your payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access the Service and to use the leads made available to you solely for your own outreach for your own web design business.
You must not sell, sub-licence, rent, lease, syndicate, redistribute, or otherwise make the leads or any part of the feed available to any third party, and you must not incorporate them into any other product, list, or dataset. All intellectual property in the Service (including the software, the detection methodology, the interface, and the compiled feed) remains ours or our licensors'. Nothing in these Terms transfers any of that intellectual property to you.
9. Privacy
We handle personal information in accordance with the Australian Privacy Principles and our Privacy Policy. Because leads may contain personal information (for example, the details of a sole trader), when you use lead data you may be handling personal information and you must do so lawfully, including in accordance with the Privacy Act 1988 (Cth) where it applies to you.
10. Disclaimers
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all warranties, representations, and guarantees not expressly stated in these Terms, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or uninterrupted availability.
Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded and we are permitted to limit our liability, our liability is limited as set out in the next section.
11. Limitation of liability
To the maximum extent permitted by law, and subject to the Australian Consumer Law paragraph above:
- we are not liable for any indirect, incidental, special, or consequential loss, or for any loss of profit, revenue, business, goodwill, data, or anticipated savings, arising out of or in connection with the Service or these Terms; and
- our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms is limited to the total subscription fees you paid to us in the three (3) months immediately before the event giving rise to the liability.
Where liability cannot be excluded but can be limited, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.
12. Indemnity
You agree to indemnify and hold us harmless from and against any claim, loss, liability, cost, or expense (including reasonable legal costs) arising out of or in connection with your use of the Service, your outreach to any business, your content, or your breach of these Terms or of any law, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and the Privacy Act 1988 (Cth).
13. Suspension & termination
You may cancel your subscription at any time as described above. We may suspend or terminate your access, with or without notice, if you breach these Terms or the Acceptable Use Policy, fail to pay fees, or use the Service in a way that we reasonably believe is unlawful or harmful. Where a suspension or termination is for your breach, no refund is payable. On termination, your licence ends and you must stop using the Service and any leads obtained from it.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the "last updated" date at the top of this page and, for material changes, take reasonable steps to notify you. Changes apply from the date they are posted or from any later date we specify. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15. Governing law
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.
16. Contact
Questions about these Terms can be sent to Angus Lewington trading as Alien Web Design (ABN 32 385 519 280), the operator of LeadRadar, at [email protected].
Postal address: Mosman, Sydney NSW, Australia