Terms of Service

1. Contractual Relationship

These Terms of Service ("Terms") constitute a legally binding agreement between you and John Fox, trading as BinDay ("BinDay," "we," "us," or "our"), an individual sole trader with a principal place of business in Blessington, Co. Wicklow, Ireland. By accessing, browsing, or using the BinDay web application or mobile services (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease all use of the Service.

2. Scope of Service and "As-Is" Warranty

BinDay provides an information-aggregator and notification service for residential waste management.

• Informational Nature: All schedules, reminders, and data provided are for informational purposes only.
• No Warranty: To the maximum extent permitted by law, the Service is provided on an "as-is" and "as-available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the accuracy, completeness, or timeliness of bin collection schedules.
• Third-Party Dependency: You acknowledge that BinDay relies on data from third-party waste providers and local authorities; we are not responsible for any modifications, delays, or errors initiated by these third parties.

3. Subscription, Billing, and Statutory Cancellation

• Financial Processing: All payments are processed securely via Stripe in Euro (€).
• Automatic Renewal: Premium subscriptions renew automatically at the end of each billing cycle unless terminated by the user via the application settings.
• Statutory 14-Day "Cooling-Off" Period: Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations, Irish consumers have a right to cancel a digital subscription within 14 days of the initial transaction for a full refund.
• The Digital Content Waiver: By accessing premium features or receiving a digital notification within this 14-day window, you expressly request the immediate commencement of the Service. You acknowledge that this may result in a pro-rata deduction from any refund to reflect the value of the Service provided up to the date of cancellation.
• Tax Status: All fees are quoted inclusive of any applicable taxes. You acknowledge that BinDay currently operates as a non-VAT registered entity in accordance with Irish Revenue thresholds. In the event of a change in our tax status, we reserve the right to adjust pricing to reflect statutory requirements.

4. User Obligations and Indemnity

• Data Accuracy: You must provide a valid Eircode prefix to ensure service localized accuracy.
• Prohibited Use: You are strictly prohibited from data scraping, reverse engineering, or utilizing the Service for any commercial waste management enterprise without express written consent.
• Indemnification: You agree to indemnify and hold harmless John Fox (the Sole Trader) from any claims, damages, or expenses (including legal fees) arising from your misuse of the Service or breach of these Terms.

5. Comprehensive Limitation of Liability

To the absolute maximum extent permitted by the laws of Ireland:

• Exclusion of Damages: In no event shall John Fox be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, fines imposed by local authorities, or costs associated with missed waste collections.
• Financial Cap: Our total cumulative liability to you for any claim arising out of or relating to the Service shall not exceed the total amount of subscription fees paid by you to BinDay in the twelve (12) months preceding the event giving rise to the claim.

6. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the Laws of Ireland. You irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

7. Contact Information

John Fox T/A BinDay
Address: Blessington, Co. Wicklow, Ireland
Email: support@binday.ie