The Advertiser acknowledges and agrees that:
(a) the Advertising Services set out in this Insertion Order will be provided by carsales as part of a beta testing program, which involves access to products or services that are still under development. Accordingly, other than any statutory warranties that cannot be excluded (e.g. under the Australian Consumer Law) and subject to all applicable laws, carsales does not make any guarantees or warranties regarding beta testing program products or services (including in relation to performance, quality or fitness for purpose);
(b) the Fees set out in this Insertion Order reflect that the Advertising Services are to be provided as part of a beta test and such Fee rates may not be available for any future purchases of the Advertising Services by the Advertiser;
(c) carsales may immediately suspend all or part of the Advertising Services in the event of any unforeseen issues arising with beta testing. carsales will use reasonable endeavours to make up any shortfalls in viewability for Ads attributable to any periods of suspension. The Advertiser may terminate this agreement where any period of suspension exceeds 7 days;
(d) in the event of unforeseen issues arising with beta testing, carsales may immediately terminate this Agreement by providing written notice to the Advertiser. In such circumstances carsales will provide the Advertiser with a pro-rata refund for any portion of the Advertising Services that have been paid for but not yet delivered;
(e) carsales may use and publish the performance or other campaign results of a beta test campaign in its own promotional and marketing materials to promote carsales’ services, provided that such results are reported on an anonymised or aggregated basis (or the Advertiser’s pre-approval is obtained); and
(f) to the extent of any inconsistency, these terms prevail over the Terms and Conditions.