Terms of Service
These Terms of Service ("Terms") govern your access to and use of the YardTrack application and website (collectively, the "Service"), operated by YardTrack ("we", "us", "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
YardTrack is a software-as-a-service (SaaS) application designed to assist independent used car dealers with inventory management, cost tracking, profit and loss reporting, customer records, invoice generation, and GST/BAS calculations. The Service is provided for business use by licensed motor vehicle dealers and related businesses.
The Service is currently in a beta phase. During this period, the Service is provided free of charge. We reserve the right to introduce paid subscription plans in the future, and we will provide reasonable notice before doing so.
2. Eligibility and Account Registration
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By registering, you represent that you meet these requirements.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at privacy@yardtrack.com.au if you suspect any unauthorised use of your account.
You may not share your account credentials with others or create accounts on behalf of third parties without their consent.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in any way that violates applicable Australian or state laws or regulations
- Enter false, misleading or fraudulent information into the Service
- Attempt to gain unauthorised access to any part of the Service or its underlying systems
- Use the Service to store or transmit malicious code, viruses or other harmful software
- Reverse engineer, decompile or disassemble any part of the Service
- Use automated tools to scrape, crawl or extract data from the Service
- Resell, sublicense or otherwise commercialise access to the Service without our written consent
4. Your Data
You retain ownership of all data you enter into the Service, including vehicle records, customer information, financial data and uploaded photographs ("Your Data"). By using the Service, you grant us a limited, non-exclusive licence to store, process and display Your Data solely for the purpose of providing the Service to you.
You are solely responsible for the accuracy, legality and appropriateness of Your Data. You represent that you have obtained all necessary consents to store any personal information of third parties (such as your customers) in the Service.
We do not claim ownership of Your Data and will not use it for any purpose other than providing the Service, as described in our Privacy Policy.
5. GST and Financial Calculations
YardTrack provides GST calculations based on the ATO's margin scheme for used vehicles (Division 66 of the A New Tax System (Goods and Services Tax) Act 1999). These calculations are provided as a convenience tool only and do not constitute financial, tax or legal advice.
You are solely responsible for verifying the accuracy of all financial figures and for lodging correct BAS statements with the Australian Taxation Office. We strongly recommend you engage a registered tax agent or BAS agent to review your BAS before lodgement. YardTrack accepts no liability for errors in GST calculations or for any penalties, interest or other consequences arising from incorrect BAS lodgements.
6. Intellectual Property
The Service, including its design, code, features, trademarks and content (excluding Your Data), is owned by YardTrack and is protected by Australian and international intellectual property laws. You may not copy, modify, distribute or create derivative works of any part of the Service without our prior written consent.
The YardTrack name and logo are trademarks of YardTrack. You may not use our trademarks without our prior written permission.
7. Availability and Modifications
We aim to provide a reliable Service but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates or circumstances beyond our control.
We reserve the right to modify, suspend or discontinue any part of the Service at any time. We will endeavour to provide reasonable notice of significant changes. Your continued use of the Service after any changes constitutes acceptance of those changes.
8. Pricing and Payment
The Service is currently free during the beta period. When paid plans are introduced, we will provide at least 30 days' notice. Pricing will be displayed clearly before any payment is required.
All prices will be displayed in Australian dollars (AUD) and will include GST where applicable. Subscription fees are non-refundable except where required by the Australian Consumer Law.
9. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Service will be error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.
10. Limitation of Liability
To the maximum extent permitted by law, YardTrack and its operators shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or in connection with your use of the Service.
Our total liability to you for any claim arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim (or $100 AUD if you have not paid anything).
Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law that cannot be excluded by agreement.
11. Indemnification
You agree to indemnify and hold harmless YardTrack and its operators from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
12. Termination
You may terminate your account at any time by contacting us at privacy@yardtrack.com.au. Upon termination, your right to use the Service will immediately cease.
We may suspend or terminate your account if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law. We will endeavour to provide notice before termination unless immediate action is required.
Upon termination, we will delete your data in accordance with our Privacy Policy.
13. Governing Law
These Terms are governed by the laws of Queensland, Australia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
15. Contact Us
If you have any questions about these Terms, please contact us at:
YardTrack
Email: privacy@yardtrack.com.au
Website: yardtrack.com.au