carsales Lead Handling Terms and Conditions

By entering into an Insertion Order with carsales.com.au Pty Ltd (ABN 97 670 975 943) or its group companies (“carsales”) for services which enable you, or the customer on behalf of whom you have signed the Insertion Order (the “Client”), to receive consumer enquiries from an advert displayed on a carsales network website, you agree (on the Client’s behalf as relevant) to the following terms and conditions regarding lead handling. These Terms are supplemental to the General Advertising Terms referenced in your Insertion Order- and any other contracts you may have entered into governing the advertising services.  You should request any required changes to these Terms prior to entering into the Insertion Order.

1. DEFINITIONS

In these Terms:

(a) “AUTOGATE” means software provided by carsales (called “Autogate”) that permits automotive dealers or OEMs to manage Leads and inventory;

(b) “EXTERNAL SYSTEM” means any DMS, CRM or other third party system used in the Client’s business to which the Client wishes Leads to be distributed;

(c) “EXTERNAL SYSTEM PROVIDER” means the provider of an External System;

(d) “GENERAL ADVERTISING TERMS” means the advertising service terms and conditions hosted at Terms and Conditions;

(e) “INSERTION ORDER” means an order for Lead Ad Services (however described) signed by the Client or accepted online by the Client;

(f) “LEAD” means an enquiry for further information submitted by an enquirer in response to the Client’s advertisement on the carsales network and delivered by any means including to an Autogate account or via an SFTP System;

(g) “LEAD AD SERVICES” means a service provided by carsales whereby Lead functionality is added to the Client’s advertisements enabling website visitors to submit Leads to the Client;

(h) “OPT IN BOX” means a bespoke or customised check box to be applied to certain Ads (as agreed by the parties in writing from time to time), which relates to the Advertiser seeking consent to send enquirers general marketing materials;

(i) “PERSONAL INFORMATION” has the meaning given to that term in the Privacy Act;

(j) “PRIVACY ACT” means Privacy 1988 (Cth);

(k) “SFTP SYSTEM” means a system operated by carsales which facilitates the transfer of Lead data from carsales to the Client via the SSH File Transfer Protocol;

(l) “SPAM ACT” means the Spam Act 2003 (Cth); and

(m) “TRANSFER SYSTEM” means the system used by carsales to transfer Lead data to the Client which may include an Application Programming Interface, CSV export, SFTP System, Autogate or an alternative system.

2. LEAD HANDLING

2.1 The Client may receive Leads from Lead Ad Services via the Transfer System.

2.2 The Client acknowledges that, if it wishes for Leads to be sent to an External System, such arrangements are dependent on the External System being approved by carsales and subject to additional Terms set out at Schedule 3.

2.3 The Client must:

(a) ensure that all Leads are handled by a suitably trained person in a professional and expeditious manner;

(b) ensure that all Leads are stored and handled in accordance with all applicable data handling laws, including the Spam Act and Privacy Act as though it is an APP Entity (as defined under the Privacy Act);

(c) refrain from using offensive, threatening, abusive or racist language or behaviour when handling Leads and ensure that no person handling Leads on behalf of the Client uses such language or engages in such behaviour;

(d) not sell, assign or otherwise provide whether electronically or otherwise any Lead (including any information therein) to any person except as expressly authorised by carsales; and

(e) upon becoming aware of any actual or suspected Eligible Data Breach (as defined by the Privacy Act), that impacts or may impact any Personal Information transferred to the Client via the Transfer System, it must immediately notify carsales and must co-operate with carsales as necessary to comply with Eligible Data Breach obligations under all relevant privacy laws.

3. CLIENT’S OTHER OBLIGATIONS

The Client must:

3.1 comply with all applicable laws in its use of the Lead Ad Services;

3.2 provide carsales with such assistance as is reasonably necessary to provide the Client with the Leads and notify carsales in writing if the Client changes any information required by carsales to provide the Leads;

3.3 maintain security and confidentiality of all user ID and password information required by the Client to access the Transfer System or Autogate and immediately change the Client password if the Client password has been lost, stolen or compromised in any way. The Client is responsible for all transactions entered under the Client user ID or password;

3.4 provide and update from time to time all hardware and software necessary to use the Transfer System and pay any telecommunication charges incurred by the Client in the use of the Transfer System;

3.5 train the Client’s personnel in relation to their obligations under these Terms;

3.6 maintain appropriate security systems to protect the confidentiality, integrity and availability of the Lead data once outside the Transfer System; and

3.7 independently assess the accuracy, reliability and completeness of any information obtained using the Transfer System.

4. AVAILABILITY

4.1 carsales is not responsible for the internet or any telecommunication infrastructures required to access and use the Transfer System.

4.2 carsales does not provide any warranty that the internet, any website or any telecommunications infrastructure (including but not limited to email) will be continuously accessible. For the avoidance of doubt, subject to clause 8 and to the extent permitted under applicable law, carsales will not be liable in the event that:

(a) the internet, any website or any telecommunications infrastructure (including email) is unavailable (in whole or part) for any reason; or

(b) any message or file transmitted by or to the Client using the Transfer System is not received in a timely manner or at all;

however carsales will take reasonable steps to address any issues arising which are notified to it and within its control.

4.3 carsales does not warrant or represent that:

(a) the Transfer System will be complete or free from all viruses, defects or errors and the Client acknowledges that the existence of any defects or errors does not constitute a breach of these Terms;

(b) any information supplied or accessed using the Transfer System (including Leads) is correct and complete or sufficient for the Client’s intended use; or

(c) the Transfer System will be continuously accessible.

4.4 carsales may from time to time modify, enhance or upgrade the Transfer System.

4.5 carsales may cease to provide the Transfer System on 30 days’ notice or such shorter period as reasonably required by carsales. If this occurs, carsales will endeavour to offer an alternative mechanism for the Client to receive Leads or will provide a pro-rata refund of any fees prepaid for the Lead Ad Services.

4.6 carsales may establish guidelines and restrictions which are binding on the Client in relation to the Transfer System including: (i) the maximum disk space on the carsales server that will be allocated to the Client; and (ii) the length of time that Client information and Leads will be retained by carsales.

5. SPECIFIC TERMS OF USE

5.1 Schedule 1 applies to Clients receiving Leads via Autogate.

5.2 Schedule 2 applies to Clients using SMSConnect or CallConnect.

5.3 Schedule 4 applies to Clients being provided with an Opt In Box in connection with an Ad.

6. OWNERSHIP, LICENCE AND BACKUP

6.1 All intellectual property rights in the Transfer System are vested in carsales and there is no assignment to the Client.

6.2 carsales does not guarantee backups and recommends that the Client keeps a permanent record of all information held in the Transfer System which relates wholly to the Client.

7. TERMINATION

7.1 These Terms apply for the duration of a Client’s Lead Ad Services.

7.2 If the Client breaches these Terms, and the breach is either not capable of remedy, or is not remedied within three business days’ notice to do so, carsales may terminate the Lead Ad Services and the Client will not receive a refund.

7.3 carsales may permanently remove and permanently delete all Client information and Leads 14 days or more from the date the Lead Ad Services end.

8. LIABILITY

8.1 The Transfer System is provided on an “as is” basis. To the full extent permitted by law, all implied warranties and guarantees in respect of either are hereby excluded. Nothing in these Terms excludes any statutory guarantees which cannot be excluded, for example under the Australian Consumer Law.

8.2 carsales’ liability in respect of the Lead Ad Services is otherwise as set out in the General Advertising Terms, as though the Lead Ad Services were a component of the Advertising Services.

8.3 As these Terms form part of the Agreement under the General Advertising Terms, any indemnity given under the General Advertising Terms extends to breach of these Terms.

8.4 This clause survives termination or expiry of these Terms.

9. GENERAL

9.1 (Assignment)carsales may assign these Terms to a related body corporate without the Client’s consent. Except for this situation, and subject to clause 9.2

below, neither party may assign or transfer its rights or obligations under these Terms.

9.2 (Subcontractors) carsales may subcontract its obligations under these Terms but will remain liable for them.

9.3 (Governing Law) These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts in that state.

9.4 (Variation) These Terms may be varied by carsales from time to time by publishing them at Lead Handling Terms and Conditions. You are bound by the version that is published at the time you enter into the Insertion Order.

9.5 (Entire Agreement) These Terms, together with the other documents referred to in these Terms, set out the entire agreement and understanding between the parties with respect to the Lead Ad Services and supersede all prior agreements, understandings and representations.

SCHEDULE 1 – AUTOGATE

This Schedule applies if the Client has been approved by carsales to access Leads via Autogate.

1. carsales grants the Client a non-exclusive and non-transferable limited licence to use Autogate on the software terms set out at “Autogate Terms”.
2. References in the Autogate Terms to a Subscriber shall be deemed to mean the Client and references to the “Master Agreement and PSS” shall be deemed to mean the Insertion Order (and linked terms).
3. The Client must only use Autogate to process data relating wholly to the Client’s business or that of a related body corporate under its operational control.
4. The Client must refrain from using Autogate for any purpose other than in connection with the Lead Ad Services or doing anything which impairs the lawful use of Autogate by any person.
5. The Client must not distribute, rent, lease, sell, charge, sub-license, assign, transfer, copy, reproduce, translate, adapt, vary or modify any information or software provided via Autogate.
6. The Client must not, or allow or cause a third party to, reverse assemble or reverse compile in whole or in part any software or information provided via Autogate.
7. The Client must not introduce or use any device, software or routine that scrapes, interferes or attempts to interfere with the operation of any carsales service.

SCHEDULE 2 – SMSCONNECT AND CALLCONNECT

This Schedule applies if the Lead Ad Services are specified to include SMSConnect or CallConnect. For the purposes of this Schedule, the following additional definitions apply;

(i) “CallConnect” means a service by which enquirers use a Service Number provided by carsales and published on the Client’s adverts in order to contact the Client;

(ii) “Service Number” means a virtual telephone number allocated by carsales to the Client for display on the Client’s adverts; and

(iii) “SMSConnect” means a service by which enquirers can send an SMS message to a Service Number by using a click button whilst viewing an advert on mobile versions of the carsales network website or the associated app. The SMS message appears in the Client’s Autogate account and the Client can reply to the enquirer directly from Autogate.

1. CallConnect and SMSConnect (where available) will be supplied to the Client through the service providers, carrier or networks (“Carriers”) that carsales reasonably nominates from time to time. carsales may allocate to an advert such Service Number and other codes required to use CallConnect or SMSConnect.
2. Any phone numbers and other codes allocated to the Client or advert are owned or licensed to carsales and the Client has no interest in the same except as licensee for the duration of the Lead Ad Services.
3. carsales may withdraw and/or substitute any Service Number or other code allocated to any Client or advert at any time acting reasonably.
4. The Client must: (i) nominate the phone number to which calls to the CallConnect Service Number will terminate for both trading hours and non-trading hours; and (ii) comply with all reasonable directions of carsales in relation to the configuration of any PABX (private telephone switchboard) or other equipment to use CallConnect.
5. The Client consents to: (i) carsales providing to any Carrier such information as is necessary to provide CallConnect or SMSConnect service to the Client; and (ii) the Carrier providing to carsales all information in relation to the use of CallConnect and SMSConnect including, without limitation, call or SMS source, account information and call or SMS event records.
6. The Client acknowledges that: (i) unless the Client establishes to carsales’ reasonable satisfaction otherwise, carsales may rely conclusively on information supplied by the Carrier in relation to the use of CallConnect or SMSConnect including Leads; (ii) at the expiration or termination of the Service Term, the numbers and other codes allocated to the Client or advert will be returned to the pool and be re-allocated; and (iii) the supply of CallConnect and SMSConnect are dependent upon the Carrier and will be supplied to the extent that it is supplied by the Carrier to carsales.
7. Except for liability which cannot be excluded under applicable laws, carsales will not be liable for any failure to supply CallConnect or SMSConnect in whole or part.
8. The Client acknowledges that CallConnect Lead calls will be recorded and available in Autogate (with the exception of Clients who have elected not to have recordings of these calls made available within Autogate). The Client may elect not to have recordings of CallConnect calls available in Autogate by providing notice in writing to carsales. The Client must notify all employees who receive CallConnect calls that these calls will be recorded for quality control and coaching purposes and available within Autogate (where applicable).
9. SMSConnect messages from enquirers will not be forwarded directly to a Client’s own mobile device but will be displayed in the Client’s Autogate Account.

SCHEDULE 3 – EXTERNAL SYSTEM PROVIDERS

This Schedule applies if the Client’s Lead Ad Services include the export of Leads to an External System pre-approved by carsales in writing (the “Lead Distribution Service”).

1. The Client must do, and must procure that the External System Provider does, all things reasonably requested by carsales to assist carsales to provide the Lead Distribution Service. The Client must procure that the External System Provider provides first level technical support in the case of any technical issues and that any such issues are rectified promptly.
2. Client instructs carsales to use, copy, adapt, modify, watermark and distribute the Leads and all associated data as reasonably necessary for the purposes of providing the Lead Distribution Service.
3. The Client must not, and must procure that the External System Provider does not; (i) export, distribute, rent, lease, sell, charge, sub-license, assign or transfer the Lead data or monetise the metadata which relates to the Lead data or deal in a similar way with that Lead data; (ii) copy or otherwise reproduce or, alter, modify, supplement, transmit, reverse engineer, reverse assemble or decompile that Lead data or match or combine that Lead data with any other database; (iii) use any Lead data in connection with the operation of a service bureau or an application service; (iv) disclose to any third party or publish any Lead data; or (v) export or on-supply any data received under the Lead Distribution Service to any third party or within any system, software or database other than the External System.
4. The Client shall be responsible for complying with (and procuring the compliance of the External System Provider with) all applicable laws and third party terms and conditions in relation to its use of the Lead Distribution Service and obtaining all consents and approvals (including those required under privacy laws) as necessary for its use of the Lead Distribution Service.
5. The Client acknowledges that all intellectual property rights in the Lead data are owned by carsales and its licensors and the Client’s rights in relation to the Lead data are limited to the rights to use the Lead data for the purposes of servicing customers.
6. The Client will and will procure that the External System Provider will; (i) take reasonable precautions to protect the Lead data against unauthorised access, use or aggregation; and (ii) notify carsales as soon as it becomes aware of any unauthorised access, use or aggregation of the Lead data.
7. The Client shall notify carsales immediately if it ceases to have a licence to use the External System. If the Client wishes to move to another External System, it acknowledges that carsales may not support that External System and such requests will be dealt with by carsales on a case by case basis.
8. carsales may immediately suspend or terminate the Lead Distribution Service without notice or liability if; (i) the Client’s External System Provider is in breach of any direct Lead Distribution Deed or Lead Distribution Agreement (as applicable) with carsales or carsales reasonably considers the External System Provider’s use of the Lead Distribution Service not to be in good faith or in the spirit of the arrangement; or (ii) the Client ceases to have a licence to use the External System.

SCHEDULE 4 – OPT IN BOX

This Schedule applies if the Client’s Lead Ad Services include the display of an Opt In Box.

1. The Client acknowledge that:

(i) the specific content of the text displayed in the Opt In Box must be approved by carsales (in writing); and
(ii) the Opt In Box will only be displayed on Ads where carsales can accommodate the relevant functionality, noting that there are certain components of the carsales network website and application where the Opt In Box cannot be displayed.

2. The Client agrees and acknowledges that:

(i) carsales will merely communicate the fact that the enquirer has selected the relevant check box via the Lead enquiry form;

(ii) carsales is not at any time providing any warranty or representation in relation the validity or adequacy of any consent that has been obtained from an enquirer (including for the purposes of the Spam Act and Privacy Act), noting that it is up to the Client to satisfy itself regarding all such matters; and

(iii) for the avoidance of doubt, carsales will not be providing any information to the Client (including on an ongoing basis) to indicate whether or not a given enquirer is in fact opted in to receive the Client’s direct marketing communications (for example, the enquirer may have separately, previously or subsequently opted out directly through the Client).

3. Without limiting any other terms of these Terms (or the General Advertising Terms), the Client agrees to comply with all applicable privacy laws in relation to all Personal Information that it receives under or in connection with the Opt In Box. Without limiting the generality of the foregoing, the Client shall not send any direct marketing communications or commercial electronic messages (as that term is defined in the Spam Act) to an enquirer if that enquirer:

(i) has not selected an Opt In Box (unless the Client has separately obtained valid consent from that enquirer to do so); or

(ii) has previously or subsequently opted out of receiving such communications from the Client.

Last updated: 13 June 2025.