These Terms of Service ("Terms") govern your use of the WasteConnect platform and services ("Service") provided by Moonshooters ABN 75 685 145 920 trading as WasteConnect  ("we", "us", "our", "WasteConnect").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

1. Definitions

"Account" means your WasteConnect account.

"Customer Data" means all data, information, and materials submitted, uploaded, or generated through your use of the Service.

"EPA" means the Environmental Protection Authority.

"Service" means the WasteConnect cloud-based job management platform, including all features, tools, and related services.

"Subscription" means your paid access to the Service under a specific plan.

"User" means any individual who accesses or uses the Service through your Account.

2. Acceptance and Modifications

2.1 Agreement

By creating an Account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2.2 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Continued use of the Service after such changes constitutes acceptance of the new Terms. We will provide reasonable notice of material changes.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts under Australian law. By using the Service, you represent and warrant that you meet these requirements.

3.2 Account Information

You must provide accurate, complete, and current information when creating your Account. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your Account.

3.3 Business Use

The Service is intended for business use by waste collection companies. You represent that you are using the Service in connection with a legitimate waste collection business.

4. Service Description and Availability

4.1 Service Features

The Service provides job management, scheduling, route planning, and compliance reporting tools for industrial waste collectors, as described on our website.

4.2 Service Availability

We strive to maintain high Service availability but do not guarantee uninterrupted access. We may suspend or restrict access for maintenance, updates, or technical issues.

4.3 Changes to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service with reasonable notice, except in cases of emergency or security concerns.

5. Pricing and Payment

5.1 Service Orders

All pricing, payment terms, and service specifications are set out in your individual Service Order. Each customer receives a customised Service Order that details:

• Specific pricing applicable to your account

• Payment terms and billing arrangements

• Service features and inclusions

• Any volume discounts or special terms

5.2 Service Order Authority

Your Service Order forms part of the agreement between you and WasteConnect. In the event of any conflict between these Terms and your Service Order regarding pricing or payment terms, your Service Order will take precedence.

5.3 Payment Terms

Unless otherwise specified in your Service Order:

• Payment is due within 30 days of invoice date

• All fees are in Australian dollars and include GST where applicable

• Payment is processed through approved third-party payment processors

• Interest may be charged on overdue amounts at 1.5% per month (or the maximum rate permitted by law, whichever is lower)

5.4 Price Changes

We may modify pricing with 60 days written notice. Price changes will be reflected in an updated Service Order provided to you. Continued use of the Service after the effective date of price changes constitutes acceptance of the new pricing.

5.5 Late Payment and Suspension

• If payment is not received by the due date specified in your Service Order, your account will be considered overdue

• We may suspend your access to the Service immediately upon accounts becoming overdue

• Suspended accounts will have limited access to data export functions only

• We reserve the right to engage debt collection services for overdue accounts, with associated costs charged to your account

5.6 Refunds

Fees paid are generally non-refundable except as required by Australian Consumer Law or as otherwise specified in your Service Order.

6. Data and Privacy

6.1 Data Ownership and Rights

Data ownership depends on who inputs the information:

• Waste collection companies retain ownership of data they directly input

• End customers (waste generators) retain ownership of data they input through customer portals

• WasteConnect maintains operational rights to store, process, and share data between authorised parties as necessary to provide the Service

• Data may remain accessible to multiple waste collectors where the same end customer uses multiple services

6.2 Data Sharing and Access

Where end customers interact with multiple waste collection companies through the Service, relevant data may be shared between authorised parties to facilitate service delivery and compliance reporting.

6.2 Data Backup and Recovery

While we maintain regular backups, you are responsible for maintaining your own backup copies of critical data.

6.3 Privacy Compliance

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles. Our Privacy Policy details how we collect, use, and protect personal information.

7. Compliance and Regulatory Matters

7.1 Regulatory Compliance Responsibility
WasteConnect provides tools to assist with regulatory compliance reporting, by using WasteConnect you acknowledge and agree that:

• You are solely responsible for compliance with all applicable environmental, waste management, and regulatory requirements, including but not limited to EPA regulations, waste tracking requirements, and reporting obligations

• WasteConnect is not responsible for monitoring your regulatory compliance or ensuring that Service-generated data, reports, or outputs satisfy regulatory requirements

• Any reliance on Service-generated information for regulatory purposes is at your sole risk and discretion

• You must independently verify all data and reports before submission to regulatory authorities

  
  

7.2 Waste Tracking Requirements

You acknowledge that the Service is not an EPA-approved tracking system and may not satisfy all regulatory tracking requirements. You must ensure compliance with all applicable waste tracking regulations.

7.3 Professional Advice

The Service does not provide legal, regulatory, or professional advice. You should consult appropriate professionals regarding compliance requirements.

8. Acceptable Use

8.1 Permitted Use

You may use the Service only for lawful business purposes related to waste collection and management.

8.2 Prohibited Activities

You must not:

• Use the Service for illegal activities or in violation of any laws

• Input false, misleading, or inaccurate waste data

• Attempt to gain unauthorised access to the Service or other accounts

• Reverse engineer, decompile, or attempt to extract source code

• Use the Service to transmit malware, spam, or harmful content

• Violate any third-party rights

• Interfere with the Service's operation or security

8.3 Data Accuracy

You are responsible for ensuring all data entered into the Service is accurate, complete, and compliant with applicable regulations.

9. Intellectual Property

9.1 Service IP

We retain all rights, title, and interest in the Service, including all intellectual property rights. The Service is protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription term, subject to these Terms.

9.3 Feedback

Any feedback, suggestions, or improvements you provide may be used by us without compensation or attribution.

10. Third-Party Services and Subprocessors

10.1 Integration Services

The Service integrates with third-party services to provide various functionality. A list of current third-party services is available in our list of Subprocessors.

10.2 Third-Party Liability

We are not responsible for the availability, accuracy, or performance of third-party services or any damages arising from their use.

11. Limitation of Liability

11.1 Liability Limits

To the maximum extent permitted by law, our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount paid by you for the Service in the 12 months preceding the claim.

11.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if advised of the possibility of such damages.

11.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection laws that cannot be lawfully excluded.

12. Indemnification

You agree to indemnify, defend, and hold harmless WasteConnect and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service

• Your violation of these Terms

• Your violation of any applicable laws or regulations

• Any inaccurate or misleading data you provide

• Any claims by third parties related to your use of the Service

13. Termination

13.1 Termination by You

You may terminate your subscription at any time through your Account settings or by contacting us. Termination takes effect at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your access immediately if you:

• Breach these Terms

• Fail to pay subscription fees when due (including after the 30-day invoice payment period)

• Use the Service for illegal purposes

• Present a security risk to the Service

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease

• You may download your Customer Data for a reasonable period

• We may delete your Customer Data after providing reasonable notice

• Fees paid are generally non-refundable

14. Disclaimers and Warranties

14.1 Service Disclaimer

The Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.

14.2 Accuracy Disclaimer

We do not warrant that the Service will be error-free, secure, or meet your specific requirements. You use the Service at your own risk.

14.3 Compliance Disclaimer

We do not warrant that use of the Service will ensure compliance with any laws or regulations. You are solely responsible for your compliance obligations.

15. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or other force majeure events.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms agreed to in writing, constitute the entire agreement between you and WasteConnect.

16.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

16.5 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.6 Survival

Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

17. Contact Information

For questions about these Terms or the Service, please contact us at:

Email: hello@wasteconnect.com.au

18. Dispute Resolution

18.1 Initial Resolution

We encourage you to contact us first to resolve any disputes informally.

18.2 Mediation
If informal resolution fails, disputes may be referred to mediation through a recognised mediation service.

18.3 Australian Consumer Law

If you are a consumer under Australian Consumer Law, you may have additional rights and remedies available through the Australian Competition and Consumer Commission or relevant state/territory consumer protection agencies.

Effective Date: These Terms are effective as of the date you first access or use the Service.

By using WasteConnect, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.