Product Privacy Policy
& Terms of Service

Terms of Service

Effective Date: 12 July 2025

By accepting a Quote from Socket Software Pty Ltd (ACN 164 323 522) (“Socket Software”), issuing a Purchase Order in response to a Quote, or by accessing or using the Service, you (“Client“) agree to be bound by these Terms of Service (“Terms“).

If you are accepting these Terms on behalf of a company or other legal entity (such as a council), you represent that you have the authority to bind that entity to this Agreement. If you do not have such authority, or if you do not agree with these Terms, you must not accept the Quote or use the Service.

1. Definitions

In this Agreement, the following terms have the following meanings:

• Admin Console means the web-based administration console provided by us for the Client to manage the Client Data.
• Agreement means these Terms combined with the relevant accepted Quote or corresponding Purchase Order.
• App means the mobile application for iOS and Android.
• Business Day means a day that is not a Saturday, Sunday, or public holiday in Brisbane, Queensland.
• Client Data means all data, schedules, waste sorting information, and other content uploaded to the Service by the Client via the Admin Console.
• Confidential Information means all information disclosed by one party to the other that is marked as confidential or that a reasonable person would understand to be confidential. It does not include information that is public knowledge, already known to the recipient, or independently developed.
• End User means a resident or other individual within the Client’s municipality who uses the App or Widget.
• Fee means the annual licence fee payable by the Client for the Service as set out in the Quote.
• Go-Live Date means the date on which the Service is first made available to the Client’s End Users, as may be specified in a Quote or otherwise agreed between the parties.
• Intellectual Property Rights means all rights in relation to patents, copyright, trademarks, designs, trade secrets, and all other intellectual or industrial property rights.
• Quote means a quote document issued by Socket Software to the Client detailing the Service to be provided and the applicable Fee.
• Service means the Socket Software platform and related services, the specific components of which are identified in a Quote.
• Term has the meaning given in clause 9.
• Usage Data means any data relating to the use of the Service by the Client and its End Users that is collected by us, which has been anonymised and aggregated so that it cannot identify an individual or the Client.
• Widget means the website widget for embedding into the Client’s website.

2. The Service

2.1. During the Term, Socket Software will provide the Client with the components of the Service as specified in the applicable Quote.

2.2. Branding: Where the Service purchased by the Client includes the App, we will work with you to configure the App’s branding (including name, logo, and colour scheme) within the standard customisation capabilities of the platform.

3. Licence Grant

3.1. We grant the Client a non-exclusive, non-transferable, revocable licence during the Term to access and use the Service, and to allow an unlimited number of End Users within the Client’s municipality to use the components of the Service made available to them, strictly for the purpose of accessing the Client’s waste collection information.

3.2. Restrictions: The Client must not (and must not permit anyone else to):

1. a) attempt to copy, modify, duplicate, create derivative works from, or reverse engineer any part of the Service or its underlying software; or
2. b) access the Service via any means other than the authorised App, Widget, and Admin Console endpoints we provide. Direct API access is not permitted.

4. Service Levels (SLA)

4.1. Service Availability: We will use all reasonable commercial endeavours to ensure the Service is available at least 99.7% of the time, measured monthly.

Exclusions: Availability is not measured during periods of Scheduled Maintenance or for any downtime caused by factors beyond our reasonable control (Force Majeure).

4.2. Maintenance: We may conduct scheduled maintenance that causes a service interruption. Where we anticipate an interruption of more than three (3) minutes, we will provide you with reasonable notice. Maintenance will typically be performed on Saturdays or after 10:00 PM AEST on other days.

4.3. Support: We will provide technical support via email at support@whatbinday.com and via our 1300 number for emergencies. We will use reasonable endeavours to respond to all support requests within one (1) Business Day.

5. Data and Privacy

5.1. Client Data: 

• a) The Client retains all Intellectual Property Rights in the Client Data. 
• b) The Client grants Socket Software a licence to use, store, and process the Client Data for the sole purpose of providing the Service to the Client and its End Users.

5.2. Usage Data: Socket Software may collect, use, and own all Usage Data for the purposes of improving our platform, developing new services, and providing data insights to our clients.

5.3. Personal Information: 

• a) We acknowledge that End Users may provide their street address to use the Service’s search function. We will not store this full street address. 
• b) We may store an End User’s suburb name and approximate location coordinates for the purpose of providing the Service. 
• c) Both parties agree to comply with their respective obligations under the Privacy Act 1988 (Cth).

5.4. Data Security: We will implement and maintain reasonable and appropriate technical and organisational security measures to protect Client Data from unauthorised access, use, or disclosure, including data encryption (TLS) and continuous backups.

5.5. Third-Party Subprocessors: The Client acknowledges that the Service may use third-party services, such as Google Analytics and Google Firebase, to function. We will remain responsible for the handling of data by these subprocessors.

6. Fees and Payment

6.1. The Client will pay Socket Software the Fee set out in the relevant Quote annually in advance. 6.2. All invoices are payable within 30 days of the invoice date.

6.3. Fee Increases: We may increase the Fee for any Renewal Term by providing you with at least 90 days’ written notice before the end of the current Term.

7. Intellectual Property

7.1. Socket Software IP: We retain all Intellectual Property Rights in and to the Service, the underlying software, and the Usage Data.

7.2. Client IP: You retain all Intellectual Property Rights in the Client Data and your logos and branding materials provided to us.

8. Liability

8.1. Warranties: Nothing in this Agreement excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law.

8.2. Limitation of Liability: To the maximum extent permitted by law, the total aggregate liability of Socket Software for any and all claims arising out of or in connection with this Agreement or the Service will be limited to the total Fees paid by the Client in the 12 months preceding the date of the event giving rise to the claim.

9. Term and Termination

9.1. Term: This Agreement commences on the date the Quote is accepted for an initial period of 12 months from the Go-Live Date (“Initial Term”) and will automatically renew for successive 12-month periods (“Renewal Term”) unless terminated in accordance with this clause.

9.2. Termination for Convenience: The Client may terminate this Agreement at the end of the Initial Term or any Renewal Term by providing us with at least 30 days written notice prior to the end of the relevant term.

9.3. Termination for Cause: Either party may terminate this Agreement with immediate effect if the other party commits a material breach of this Agreement and fails to remedy it within 30 days of receiving notice of the breach.

9.4. Consequences of Termination: Upon termination of this Agreement for any reason:

• a) The Client’s licence to use the Service will cease immediately.
• b) All outstanding fees owed by the Client will become immediately due and payable.
• c) Fees are paid in advance for each 12-month term and are non-refundable, except as may be required by law or where the Client terminates for our material breach under clause 9.3.
• d) At the Client’s written request, we will permanently delete all Client Data from our systems within 30 days. Socket Software does not provide a data export function.

10. General

10.1. Governing Law: This Agreement is governed by the laws of Queensland, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Queensland.

10.2. Notices: Any notice given under this Agreement must be in writing and sent to the contact details for each party as specified in the Quote or as otherwise notified in writing. A notice will be deemed to have been received:

• a) if delivered by hand, on the date of delivery; or
• b) if sent by email, at the time of successful transmission.

10.3. Force Majeure: Neither party will be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to a cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, government actions, pandemics, significant cyber-attacks, or major failures of the internet (“Force Majeure Event“). The party affected by the Force Majeure Event must promptly notify the other party and use reasonable efforts to resume performance. This clause does not apply to the obligation to pay any Fees due under this Agreement.

10.4. Dispute Resolution:

• a) If a dispute arises between the parties, the parties must first attempt to resolve it through good faith negotiations between senior representatives with the authority to settle the dispute.
• b) If the dispute is not resolved within 21 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC), with such mediation to be held in Brisbane, Queensland.
• c) Neither party may commence court proceedings (except for urgent interlocutory relief) until it has complied with the process in this clause.

10.5. Assignment: Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party. However, Socket Software may assign this Agreement without the Client’s consent in connection with a merger, acquisition, or sale of all or substantially all of its assets.

10.6. Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of law, that provision will be severed from the Agreement, and the remaining provisions will continue in full force and effect.

10.7. Waiver: A failure or delay by a party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

10.8. Relationship of the Parties: The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, or employment relationship between the parties.

10.9. Entire Agreement: These Terms, together with any corresponding accepted Quote, constitute the entire agreement between the parties and supersede all prior communications, negotiations, and agreements, whether oral or written. We may update these Terms from time to time. For any material changes, we will provide you with reasonable notice.