YardCheck Pty Ltd – Terms & Conditions
These Terms & Conditions ("Terms") govern use of yardcheck.au, related applications, the Yard Operations Platform, widgets, partner tools and other services we operate (together, the "Platform") by YardCheck Pty Ltd ("YardCheck", "we", "us", "our").
By accessing the Platform, creating an account, submitting a demo or partner application, or paying for a subscription, you agree to these Terms. If you do not agree, do not use the Platform.
If you use the Platform for a company, you warrant that you have authority to bind that company. "You" includes that company and its authorised users.
These Terms are not legal advice. Nothing here excludes rights you cannot exclude under the Australian Consumer Law (ACL) or other mandatory law.
1. What YardCheck is (and is not)
YardCheck is primarily a software and technology provider for yard operations. The Platform may include:
- Weighbridge Operating System for operators (including desktop and mobile use)
- Head Office Management for multi-yard reporting, accounts and exports
- Customer App for bookings (products, tipping and delivery), tracking, dockets, invoices, prepaid balances and payments
- Website, demo booking and support
- Partner onboarding and tools to offer freight delivery jobs to earthmoving and haulage operators
- From time to time, related tools such as quoting, job request widgets, image uploads, checkout, or coordination features
YardCheck is not, unless we expressly agree in a signed contract:
- Your weighbridge legal operator, NMI certifier, or trade measurement authority
- A comparison site or a guarantee of lowest prices
- An engineering, legal, accounting or design consultancy
- A common carrier, freight broker licensed in every jurisdiction, or employer of partner drivers
- A marketplace that guarantees job volume, conversion, or haulage outcomes
You remain responsible for your yard's licences, weighbridge compliance, workplace health and safety, chain of responsibility, environmental rules, and how you charge your customers.
2. Accounts, access and acceptable use
You must:
- Provide accurate information and keep it current
- Keep logins confidential and use strong passwords
- Only give access to people you authorise, and remove access when they leave
- Not attempt to break, overload, scrape, reverse engineer or misuse the Platform
- Not upload unlawful, infringing or harmful content
- Not use the Platform to compete with us in a way that copies our software or data
We may suspend or terminate access for misuse, non-payment, security risk, false information, abusive conduct, or legal reasons. Guest or session identifiers may be created automatically. You are responsible for activity under your accounts.
3. Software licence
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform during a paid or trial period, solely for your internal business operations, in line with your plan. We retain all intellectual property in the Platform, branding, documentation and software. You do not buy the software. You must not sublicense, resell, or copy the Platform except as we allow in writing.
Feedback you give us may be used freely to improve the Platform without obligation to you.
4. Subscriptions, dockets and pricing
Paid plans, docket allowances, overage rates, trial or first-month promotions, and enterprise pricing are as published on the website or as agreed in writing. We may change public list prices on notice. Changes do not affect a written enterprise agreement except as that agreement says.
- Fees are typically billed in Australian dollars, exclusive of GST unless stated
- Overage may apply when you exceed included dockets in a billing period
- App transactions include the published 1.7% transaction fee unless we agree otherwise in writing
- Overage is not an automatic upgrade to a higher plan unless we say so
- Unused dockets do not roll over unless we say so in writing
- We may suspend service for overdue amounts
- Refunds are not available for partial months except where the ACL requires or we agree in writing
A demo request does not create a paid contract. Promotional "first month free" or similar offers are subject to eligibility, fair use, and any conditions we state at the time.
5. Your data and operational records
As between you and us, you own the operational content you (and your users and customers) put into the Platform (customer lists, jobs, weights, prices, dockets, inventory, bookings). You grant us a licence to host, process, back up and display that content solely to provide the service, support, security and legal compliance.
You warrant that you have the right to enter that content, including personal information of your customers and staff, and that you will give them any privacy notice required by law. See our Privacy Policy.
We do not warrant that dockets, weights, prices, inventory or reports are free of error. You must check critical outputs before relying on them for legal tickets, invoices, payroll, tax or safety decisions. Offline mode may delay or conflict with sync. The last valid sync or your own procedures remain your responsibility.
6. Customer App, bookings and payments
If you enable the Customer App, your customers may book products, tipping or delivery, track jobs, view dockets and invoices, and pay or use prepaid balances. You set products, prices, availability and rules. We are not a party to the sale of materials or tipping between you and your customer unless a separate YardCheck supply contract says otherwise.
Payment processors (for example Stripe or EFTPOS providers) have their own terms. Chargebacks, failed payments, prepaid wallet errors and tax invoices remain your commercial responsibility except to the extent caused by our wilful misconduct.
Delivery bookings may be offered to haulage partners. YardCheck does not guarantee a truck, a timeslot, or that a partner will accept a job.
7. Freight partners (earthmoving and haulage)
If you apply via Work With YardCheck, you ask to be considered for freight delivery jobs generated from yards on the Platform. Applying does not guarantee acceptance, job volume, or any income. A separate partner agreement may apply and prevails if it conflicts with these Terms on partner-specific points.
Partners are independent contractors, not employees or agents of YardCheck, unless a written agreement says otherwise. Partners must hold their own licences, insurance, mass/dimension compliance, chain of responsibility processes, and vehicle standards. YardCheck is not liable for partner driving, loading, damage, late delivery, or site incidents except to the extent the ACL or a signed contract requires.
Job details shared with partners are confidential and may be used only to perform the job. We may withhold, reassign or cancel job offers.
8. Integrations and third-party services
Optional integrations (accounting exports, maps, email, SMS, payments, APIs) are provided "as available". Third-party outages, API changes or your misconfiguration are outside our control. You are responsible for mapping tax codes, chart of accounts and export accuracy.
9. Demos, website content and no professional advice
Website copy, screenshots, mockups and demos are illustrative. Features, pricing and availability may differ. Nothing on the Platform is engineering, legal, structural, environmental or financial advice. Get independent advice where needed.
10. AI, estimates and quoting tools
If any AI-assisted, estimating, quoting or widget feature is used, output is indicative only. It may be wrong. It does not lock scope, quantity, contamination class, delivery time or price until you (or we, under a separate supply contract) confirm in writing. Images and uploads do not replace inspections. You must disclose known site constraints, hazards and access limits.
If we still provide project coordination, material supply, removal or related physical services under a confirmed order, additional commercial terms may apply (including variations, contamination reclassification, cancellation fees and subcontractor use). Those services are not implied by a software subscription alone.
11. Widgets and referrals
If you embed a YardCheck widget or refer work, you are responsible for what you tell your customers. We are not liable for your website, your conversion rates, or commissions except as a written partner or referral agreement states.
12. Service levels and support
We aim for reasonable availability but do not warrant uninterrupted or error-free service. Maintenance, force majeure, internet failure, and third-party outages may occur. Support is offered during published business hours unless an enterprise agreement says otherwise.
13. Confidentiality
Each party must keep the other's non-public business information confidential, except where disclosure is required by law, to professional advisers, or to subprocessors as needed to run the Platform. Pricing configuration, customer lists and inventory of a yard are confidential to that yard.
14. Indemnity
You indemnify YardCheck and our officers, staff and contractors against claims, losses and costs (including reasonable legal fees) arising from: your content; your breach of these Terms; your weighbridge, WHS, chain of responsibility or customer dealings; partner driving or haulage; or your infringement of third-party rights, except to the extent caused by our fraud or wilful misconduct.
15. Limitation of liability
To the maximum extent permitted by law:
- The Platform is provided "as is" and "as available"
- We exclude implied warranties that can be excluded
- We are not liable for indirect, incidental, special, consequential or pure economic loss, lost profit, lost data, lost goodwill, or business interruption
- Our aggregate liability for a claim relating to the Platform is limited to the fees you paid us for the Platform in the 3 months before the claim (or, if none, AUD $100)
- Where the ACL requires a remedy we cannot exclude, our liability is limited to resupply of the services or paying the cost of resupply, at our option
We are not liable for weather, supplier shortages, regulatory change, inaccurate weights or prices you or your staff enter, partner acts, or events beyond reasonable control.
16. Termination and data after exit
You may stop using the Platform at any time. We may terminate or suspend for the reasons in section 2, or on reasonable notice for convenience where a monthly plan applies. On termination we may delete or restrict access to data after a reasonable period, subject to backups and legal retention. Export of data, if offered, is your responsibility to request in time.
17. Privacy
Personal information is handled under our Privacy Policy, which forms part of these Terms.
18. Changes
We may update these Terms by publishing a new version on this page. Continued use after the update is acceptance, except where law requires extra notice. Material changes to a signed enterprise agreement need that agreement's change process.
19. General
- These Terms are governed by the laws of Western Australia. Courts of Western Australia have exclusive jurisdiction, except that we may seek injunctive relief anywhere.
- If a clause is unenforceable, the rest remains in force.
- Failure to enforce a right is not a waiver.
- You may not assign these Terms without our consent. We may assign to a successor.
- These Terms plus any written order, partner agreement or enterprise agreement are the entire agreement for the Platform. If they conflict, the signed special terms win for that subject.
- Electronic communications and click-accept are effective.
20. Contact
YardCheck Pty Ltd
Email: contact@yardcheck.au
Website: yardcheck.au
Contact: Contact page