1. About these Terms
1.1 These Terms and Conditions (“Terms”) set out the terms on which carsales.com.au Pty Ltd (“carsales”) will provide you, or the customer on whose behalf you have signed the Insertion Order (the “Client”), with Editorial Boost Services. By submitting an Insertion Order, the Client acknowledges that it has read, understood, and agreed to be bound by these Terms and the Insertion Order.
1.2 These Terms are supplemental to the Advertising Service Terms and Conditions (“General Terms”) referenced in your Insertion Order, and any other contracts you may have entered into governing the advertising services.
1.3 Any terms that are capitalised but not defined in these Terms have the corresponding meaning given to them in the General Terms.
2. Editorial Boost
2.1 For the purposes of these Terms:
(a) “Editorial Boost Services” are the bespoke Advertising Services that allow an Advertiser to review the Influence Index and certain other data analysis for editorial articles published on the carsales Network about a specific make or model of vehicle, and then select a specific article to be boosted and promoted as a native Ad on the carsales Network in accordance with the terms of an Insertion Order (“Editorial Boost Ad”); and
(b) the “Influence Index” is a metric that has been developed by carsales based on historical User behaviour data, which estimates how much more likely a User was to view a stock listing of a marque after reading an editorial article about a vehicle of that marque, when compared to all Users who read any editorial article published on the carsales Network.
2.2 The Advertiser agrees and acknowledges that whilst carsales will use reasonable endeavours to promote the relevant article in accordance with the Insertion Order, because of the nature of the Editorial Boost Services, carsales has discretion and control over the specific content and format of all Editorial Boost Ads (as well as the content and format of any editorial article or other website that is hyperlinked to an Editorial Boost Ad). The Editorial Boost Ad will include a short preview of, and a link to, the relevant editorial ad. For the avoidance of doubt, carsales may include a caption (e.g. “Promoted”) in an Editorial Boost Ad to indicate to users that it is part of a promotional campaign with the Advertiser.
2.3 For the avoidance of doubt, the Advertiser will not be required to provide any Advertising Materials to carsales to be published on the carsales Network in connection with the Editorial Boost Services or an Editorial Boost Ad. As a result, the parties acknowledge that all relevant provisions in the General Terms which solely relate to the supply of Advertising Material by the Advertiser (e.g. clause 4.1) shall not apply to the Editorial Boost Services.
2.4 All data, metrics and information made available by carsales in connection with the Influence Index and the Editorial Analysis portal in Ignition (“Influence Index Data”) is considered to be carsales’ Confidential Information for the purposes of the General Terms. In addition to the confidentiality obligations set out in the General Terms, the Advertiser agrees to use the Influence Index Data solely for the purposes of receiving the Advertising Services and otherwise enjoying its benefits under this Agreement (including planning and conducting advertising campaigns on the carsales Network).
2.5 Notwithstanding any other provision in this Agreement, the Advertiser agrees and acknowledges that all rights, title and interest (including all Intellectual Property Rights) in all Editorial Boost Ads, the Influence Index Data and the Editorial Boost Services are owned and retained by carsales (and/or its relevant licensors).
2.6 To the maximum extent permitted by applicable law, the Advertiser agrees and acknowledges that:
(a) all Influence Index Data made available by carsales is an estimate of past observed User behaviour using carsales’ own analytics systems available at the time of preparation;
(b) carsales makes no representation or warranty regarding the future performance of any Editorial Boost Ad or otherwise in respect of future User behaviour. The performance of any Editorial Boost Ad will depend on a wide range of factors;
(c) the Influence Index is intended to provide general information only based on carsales’ observations of its own User behaviour. The Advertiser is responsible for assessing the suitability of all relevant data; and
(d) whilst carsales has used reasonable care to compile and prepare the Influence Index Data, all implied and express warranties, representations, undertakings and guarantees in respect of the Influence Index Data are hereby excluded.
Last updated: 23 August 2024