These Terms of Service ("Terms") govern your use of the website thewakeable.com and any services provided by The Wakeable, a trading name operated by Nigel Amyes (sole trader, ABN 70 139 574 625), NSW, Australia ("we", "us", "our").
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
The Wakeable provides AI-powered database reactivation (DBR) services to Australian businesses ("partners"). Our services include:
Services are delivered on a performance basis. The specific terms of each engagement are set out in a separate Partner Agreement between us and the relevant business partner.
You may use our website for lawful purposes only. You must not:
We reserve the right to terminate or restrict access to the website at our discretion, without notice.
If you engage The Wakeable as a business partner, you agree to:
Failure to meet these obligations may result in suspension or termination of services.
The Wakeable operates on a performance-only basis. Our fees are calculated as a percentage of revenue generated from successfully reactivated leads. No upfront fees are charged unless otherwise agreed in writing.
The exact percentage, reporting period, and payment terms are set out in your individual Partner Agreement. Partners are required to report sales accurately and in good faith.
All content on thewakeable.com — including the brand name, logo, tagline ("dead leads, revived"), copy, and design — is owned by or licensed to The Wakeable. You must not reproduce, distribute, or use our intellectual property without prior written consent.
AI prompts, SMS sequences, and campaign frameworks we develop as part of service delivery remain the intellectual property of The Wakeable unless otherwise agreed in writing.
We operate our SMS campaigns in compliance with the Spam Act 2003 (Cth). All commercial electronic messages sent by us:
Partners are responsible for ensuring their lead databases contain only individuals who have provided appropriate consent for marketing communications. We rely on partner warranties regarding consent.
Our website and services are provided "as is". To the maximum extent permitted by Australian law, we exclude all implied warranties, including any warranty of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that:
To the maximum extent permitted by law (including the Australian Consumer Law), The Wakeable's liability for any claim arising out of or in connection with these Terms or our services is limited to the fees paid by you to us in the 3 months preceding the claim.
We are not liable for any indirect, incidental, consequential, or special damages, including loss of profit, loss of revenue, or loss of data.
Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded.
You agree to indemnify and hold harmless The Wakeable and Nigel Amyes from any claims, losses, damages, or expenses (including legal fees) arising out of:
Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to our practices as described in that policy.
Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of those websites. A link does not constitute our endorsement.
We may suspend or terminate your access to our services or website at any time, for any reason, with or without notice. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnity clauses) will continue to apply.
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these Terms.
We may update these Terms from time to time. The current version will always be published at thewakeable.com/terms. Continued use of our website or services following any update constitutes acceptance of the revised Terms.