TERMS OF USE

WEBSITE TERMS OF USE

Pedestrian Group Ptv Limited (“Pedestrian/we/us/our”) is Australia’s leading youth media group and the home of digital media brands that create and commercialise content across subjects including technology, culture, business, gaming, fashion, entertainment, politics, and lifestyle. Pedestrian is a wholly owned subsidiary of Nine Entertainment Co Pty Limited, Australia’s largest media company.

Our network of digital services (which may include, amongst other things, websites, applications, smart speaker audio, augmented reality, regardless of how they are accessed by users) (“Pedestrian Digital Network”) includes:

the digital websites and apps owned by Pedestrian including Pedestrian TV, The Chainsaw, and associated brands including Pedestrian Jobs;
other digital properties (and their associated brands) that Pedestrian licenses from third parties to distribute and commercialize in Australia and New Zealand, including Kotaku, Gizmodo, and Lifehacker) (together “Third party Sites”); and
the website for the Open Air Cinemas business located at https://www.openaircinemas.com.au/.

Your use of the Pedestrian Digital Network is governed by these Terms of Use together with Pedestrian’s Privacy Policy (available here) and any additional terms, conditions, notices, and disclaimers displayed elsewhere on the Pedestrian Digital Network.

Please take the time to read these Terms of Use and our Privacy Policy. We may, from time to time, review and update these Terms of Use to take account of new laws, technologies, and changes to our operations. If we do, the updated Terms of Use will be posted on the Pedestrian Digital Network. Your access to and use of the Pedestrian Digital Network is governed by our most recent Terms of Use and constitutes your acceptance of these Terms of Use. If you do not agree with any of the Terms of Use, you should immediately discontinue your use of the Pedestrian Digital Network.

We reserve the right to change or discontinue all or any part of any website, application, feature, or service or any other part of the Pedestrian Digital Network at any time without any liability or notice to you unless we have otherwise separately agreed with you.

Registered Account

In order to access certain functionalities or content within the Pedestrian Digital Network (including but not limited to receiving newsletters, posting comments on articles, or submitting your resume within the Pedestrian Jobs website), you may be asked to register an account with Pedestrian by providing certain personal information about yourself to create your account with Pedestrian (Registered Account).

You acknowledge and agree that the terms of your Registered Account and the collection and usage of personal information will be subject to the Terms of Use and Pedestrian’s privacy policy. You agree to keep your Registered Account details, including your username and password, safely stored and secure at all times. You acknowledge and agree that if you do not have a Registered Account, you will not have access to certain features/products within the Pedestrian Digital Network.

Any usage of the Pedestrian Jobs website as an advertiser will be subject to additional terms located at https://jobs.pedestrian.tv/jobs-terms-conditions/.

Service Changes and Disruption

While we use reasonable endeavors to ensure that the Pedestrian Digital Network is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, or error-free.

From time to time, we may undertake maintenance or upgrades to parts of the Pedestrian Digital Network, and there may be scheduled or unplanned outages to parts of the Pedestrian Digital Network or other outages for reasons beyond our control which may affect or suspend your ability to access the Pedestrian Digital Network and our services.

You may also be required to upgrade software to continue using parts of the Pedestrian Digital Network. If you decline an upgrade or do not upgrade, you may not be able to use or access parts of the Pedestrian Digital Network.

There are also many factors that may affect the quality and display of the content on the Pedestrian Digital Network as well as the time it may take to commence or resume reading, listening to, and/or watching our content. Such factors include but are not limited to your location, internet speed or bandwidth, network traffic, our content delivery networks, and the type of device being used to view our content. We make no warranties or representations about the quality of your reading, viewing, or listening experience or the time it may take to commence or resume reading, viewing, or listening, nor that your experience will be seamless or uninterrupted.

You may need to install the relevant application (App) to better access the relevant part of the Pedestrian Digital Service that you wish to view if you are using certain devices like mobile phones or tablets and you may need to update the App from time to time for it to function properly.

Where you use an application, service, or software provided by or downloaded from a third party to access the Pedestrian Digital Network, you agree to any terms and conditions or license which may be imposed by the third-party provider including any technical limitations that only allow you to use it in certain ways. Pedestrian is not responsible for the content, availability, performance, or termination of any authorized third-party platforms which may be used to access our services or any part of the Pedestrian Digital Network.

Costs

You are responsible for all costs and expenses associated with your access to the Pedestrian Digital Network including but not limited to internet or data service provider charges (such as any excess charges for exceeding any limits on the amount of data you can download) and all devices, equipment, and software used to access the Pedestrian Digital Network. In no circumstances will we be liable for any such costs and expenses.

Suitability of Content and Viewing by Children

You understand and agree that by accessing the Pedestrian Digital Network you may be exposed to content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Pedestrian Digital Network, including obtaining and using any information, products, and services, at your own risk.

The majority of content contained on the Pedestrian Digital Network is not suitable for viewing by children, so if you are under 18 years of age, you need to obtain a parent/guardian’s consent prior to accessing and viewing the Pedestrian Digital Network. You may be asked to confirm that you are over 18 years before you are allowed to access certain areas of the Pedestrian Digital Network.

We understand the importance of protecting children’s privacy, particularly in online environments. However, parents and guardians of children accept full responsibility to properly supervise and, where appropriate, safeguard their children’s use of the Pedestrian Digital Network. You are responsible for deciding whether or not content is appropriate for a child if you allow a child to access the Pedestrian Digital Network using.

Intellectual Property

You do not have any right, title, or interest in or to any intellectual property or other proprietary rights relating to the Pedestrian Digital Network or any of its content. The Pedestrian Digital Network contains content that is protected by copyright, trademark, and other laws and you agree not to engage in any conduct or authorize or allow others to engage in any conduct that may infringe any intellectual property rights in any of the content on the Pedestrian Digital Network.

You are only permitted to download, reproduce, and display the material on the Pedestrian Digital Network (including video, audio, images, movies, television programs, text) for your own personal, non-commercial use. For example, we grant you a limited non-exclusive, non-transferable right to access video content on the Pedestrian Digital Network on a streaming-only basis and you are not permitted to use such content for public performance or to charge others for accessing any of the content. You are also not permitted to use any of the content in any way that implies or could imply that Pedestrian has endorsed a product or service. The material on the Pedestrian Digital Network may not otherwise be used, stored, reproduced, published, altered, communicated, or transmitted in any form or by any means in whole or part without our prior written approval.

Without limiting the foregoing, you may not use any content on the Pedestrian Digital Network to establish, maintain, or provide, or assist in establishing, maintaining, or providing your own publications, website, or other means of distribution.

We also do not grant you any right of use in relation to any logo, masthead, or trademark displayed on the Pedestrian Digital Network or any video, audio, images, or text unless expressly consented to in writing by Pedestrian or the relevant third-party licensor. You are also not permitted to remove, obscure, or alter any copyright notice or trademark on any of the content on the Pedestrian Digital Network. We reserve the right to take all steps necessary to prevent the unauthorized use, copying reproduction, distribution, or exploitation of any part of the Pedestrian Digital Network and/or any of its content.

Your Contributions

On certain parts of the Pedestrian Digital Network, we encourage you to submit your own personal contributions – for example, by commenting on articles/videos, submitting your resume (if you are using the Pedestrian Jobs website), or submitting video footage or other content that you would like to see published on the Pedestrian Digital Network (“Your Contributions”).

By uploading, transmitting, posting, or otherwise making available Your Contributions on the Pedestrian Digital Network:

you represent and warrant that Your Contributions are not defamatory, are your own work, and do not include any material which infringes the rights of someone else, breaches the confidentiality of anyone else and/or breaches these Terms of Use (including the section entitled ‘Prohibited Contributions/Use’);
you will ensure you do not include an image or personal information of another person/s unless you have their express consent and you will not otherwise breach any applicable privacy laws or publish any material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
you will ensure that Your Contributions are on-topic, constructive, and not contributed with the intention of disrupting any of our online communities or causing harm or offense to any person;
you grant Pedestrian an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license to use, publish, reproduce, edit and exploit Your Contributions (and to authorize others to do the same) in any form and for any purpose excluding for the purpose of advertising or endorsing the goods or services of any party outside of Pedestrian and you represent and warrant that you have the right to grant this license;
you unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of Your Contributions. To the extent the law does not permit the waiver of moral or similar rights, you consent to any and all acts or omissions of the Nine Group that would otherwise constitute an infringement of your moral or similar rights.

Pedestrian may show your name alongside Your Contribution, however, you acknowledge and agree that it is not always practical for us to attribute you as the author of Your Contributions and we cannot guarantee it. We will remove your name from Your Contributions if requested by you.

Your Contributions may or may not be pre-screened and there may be a delay before they appear on the Pedestrian Digital Network. We have no obligation to publish Your Contributions or to retain them for any minimum period on the Pedestrian Digital Network.

We reserve the right (but have no obligation) to, in our absolute discretion:

review, edit, adapt, modify, reformat, reject, and/or remove any of Your Contributions which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) including where they, in our opinion, violate these Terms of Use or otherwise have the potential to harm, endanger or violate the rights of any person;
monitor use of the Pedestrian Digital Network, and store or disclose any information that we collect for any purpose including to investigate compliance with these Terms of Use or to provide for any police investigation or government or regulatory request for information; and
share your information with appropriate government or community organizations if we consider you may be at risk of causing serious harm to yourself and/or a third party(s) or would otherwise benefit from being contacted by the government or community organization in relation to mental health information and/or support.

Prohibited Contributions/Use

It is your responsibility to ensure that your use of the Pedestrian Digital Network (and Your Contributions) do not breach any applicable laws or rights. In particular but without limiting the foregoing obligation, we require that Your Contributions do not and your use of the Pedestrian Digital Network does not:

except where expressly permitted by us, contain any links, advertising, or marketing material or spam or advertise, promote or solicit any goods or services or commercial activities or transmit any sort of ‘junk mail’ or ‘chain letters’;
involve any impersonation of any person or entity or any attempt to solicit money, passwords, or personal information from any person;
contain obscene, offensive, threatening, abusive, vulgar, or indecent content or stalk, bully, harass or create a privacy or security risk to any person;
racially or religiously vilify, incite violence or hatred, or be likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability;
encourage or promote or assist the commission of any illegal act;
contain nudity, excessive violence, or sexual acts or references or contain excessively coarse language or content which would be rated R, RC, or X by the Australian Classification Board;
contain financial, legal, medical or other professional advice;
include any material that contains any virus or computer code file or computer program or other device designed to interrupt, limit or impair any the performance, security or functionality of the Pedestrian Digital Network or any computer, software or telecommunications device in any manner whatsoever;
involve any means or permit others to have any means of attempting to adjust or circumvent any of the digital rights management or other technical measures we have included in or applied to the Pedestrian Digital Network;
except to the extent permitted by law, reproduce, modify, adapt, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Pedestrian Digital Network or cause any other person to do so; and/or
involve the use of any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security, or presentation of any part of the Pedestrian Digital Network.

Reporting

IF YOU THINK THAT ANY CONTENT ON THE PEDESTRIAN DIGITAL NETWORK IS UNLAWFUL OR BREACHES THESE TERMS OF USE IN ANY RESPECT, PLEASE CONTACT US VIA THE ‘CONTACT US’ LINK ON THE RELEVANT PEDESTRIAN WEBSITE OR APP.

Please note while we will not necessarily reply to all reports or complaints, we will consider whether there are any grounds for taking action for each report or complaint received.

If you wish to send us a copyright infringement notification, you will need to email a signed notice to us at editor@pedestriangroup.com.au that identifies the material(s) that you believe infringe(s) your copyright, identifies each copyright-protected work in which you own the rights and which you believe has been infringed, identifies how each copyright-protected work has been or is being infringed, and includes your contact information.

Dealings with Advertisers

The Pedestrian Digital Network includes advertising and promotional material provided by our advertisers. We do not recommend or endorse any advertiser, its products, or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.

In some instances, we feature, promote or sponsor special events, offers, competitions, and other activities conducted by third parties, online or offline. Advertisements on the Pedestrian Digital Network may also contain offers which you can accept by clicking through to the advertiser’s website or we may display links and pointers to third-party websites. All these third-party websites, offers, competitions, etc. do not form part of the Pedestrian Digital Network and are not under our control and we do not accept any responsibility for them and you participate at your own risk. The advertiser or the person making the offer etc. to you is solely responsible to you for offers etc. and for the delivery of any goods or services which are the subject of any such offer etc. or which you may purchase on the third-party website. If you contact a third party using functionality provided on the Pedestrian Digital Network, including via e-mail, you do so at your own risk and we do not accept any responsibility for any communications or transactions between you and the relevant third party.

Some advertisements and promotions may be aimed at consumers who are located in specific locations. As a result, the goods or services included in any such advertisements or promotions may not necessarily be available at or near the place where you are located whether for the price stated or at all. We make no representation or warranty with regard to the availability of such good and services or the price for which those goods and services may be available in the area where you are located. You agree that you will make no claim or complaint against Pedestrian and that we will not be liable, solely on the basis that you were not able to acquire goods or services mentioned in an advertisement or promotion, whether at the price stated in the advertisement or at all.

Commission and Fees

You acknowledge and accept that Pedestrian and its service providers may receive fees and/or commissions from third parties for goods and services that are displayed or made available through the Pedestrian Digital Network or are hyperlinked from the Pedestrian Digital Network or from electronic communications sent from us to you.

Competitions

Pedestrian may from time to time run competitions or other promotions on the Pedestrian Digital Network. These will be subject to additional terms and conditions that will be published and made known to you at the relevant time.

Termination

You agree that Pedestrian may without notice terminate your access to all or any part of our services and/or the Pedestrian Digital Network without notice on any reasonable grounds including but not limited to:

any actual or suspected breach by you of these Terms of Use;
any request by law enforcement authorities or agencies;
any discontinuation or modifications to part of our services;
any technical issues or problems;
any extended periods of account inactivity;
any non-payment of fees owed by you to Pedestrian in relation to any services; and/or
where we suspect you have used the Pedestrian Digital Network or any services provided by Pedestrian for a fraudulent, illegal, or disreputable purpose.

Disclaimer

We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted, or otherwise made available on the Pedestrian Digital Network by any person other than Pedestrian (including any content uploaded by a third party on a Third Party Site). For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted, or otherwise made material available on the Pedestrian Digital Network simply by facilitating others to post, transmit or otherwise make material available. Furthermore, we do not endorse any opinion, advice, or statement made by or attributable to any person other than Pedestrian. Pedestrian is not responsible for, and accepts no liability with respect to, any material, opinion, advice, statement, or other content that is attributed to a third party.

Except where expressly specified otherwise, the content on the Pedestrian Digital Network is provided for your general information only. It is not intended as any sort of professional advice and you should not rely upon it as professional advice. You should make your own inquiries and verify any important information we provide (e.g., information about health, finances, and travel) and seek independent advice suited to your specific circumstances prior to making any decisions.

Special Warning for Content and Services Relating to Financial Matters

The Pedestrian Digital Network may contain financial content and tools such as stock quotes, broker calls, investment information, market comment and analysis (including web3 and blockchain), statistics, company reports and fact sheets and calculators. None of our financial or other content is intended for trading or investment purposes and we and our content providers are not liable for any trading or investment decisions based on your use of this content.

Pedestrian does not hold an Australian financial services license (“AFSL”). To the extent Pedestrian provides general financial product advice on the Pedestrian Digital Network, it relies on an exemption from the requirement to hold an AFSL.

Third Party Licensor Terms of Use

As well as publishing our own original content, Pedestrian also licenses content from various licensors that is published on the Pedestrian Digital Network, including on the Third Party Sites. The licensors’ own terms of use may be displayed directly on Third Party Sites, in which case your use of those Third Party Sites is subject to those terms and conditions of use unless specified otherwise.

Limitations of Liability

Your use of the Pedestrian Digital Network is at your sole risk. The content and services comprising the Pedestrian Digital Network are supplied to you on an “as is” and “as available” basis. To the extent permitted by law, Pedestrian, its contributors, partners, and licensors expressly exclude and disclaim all warranties and conditions of any kind regarding the content and services comprising the Pedestrian Digital Network, whether express or implied, unless expressly set out in these Terms of Use. Nothing contained in these Terms of Use excludes any rights you may have under the Consumer and Competition Act 2020 (Cth) (“Australian Consumer Law”). Without limiting the foregoing, we do not warrant that the content on the Pedestrian Digital Network is accurate, complete or reliable or that our services will be timely, uninterrupted or error-free or that any errors, omissions, or defects will be corrected.

We will not be liable for loss resulting from any action or decision by you in reliance on any content on the Pedestrian Digital Network, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any third party’s use of, access to, or conduct in connection with the Pedestrian Digital Network unless expressly authorized or knowingly permitted by us.

To the extent that our liability cannot be excluded by law, our liability is limited (at our option) to resupplying the relevant goods or services to you or the amount(s) paid by you (if any) in respect of those goods or services subject to any rights you may have under the Australian Consumer Law.

Further, neither of us will be liable for any indirect, special, or consequential losses or damages of any nature (including loss of profits, revenue, production, goodwill, data, or opportunity) howsoever arising in connection with use of the Pedestrian Digital Network.

Severability

If any provision of these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of such a provision shall not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.

No Waiver

No waiver of any term of these Terms of Use shall be deemed to be a further or continuing waiver of such term or of any other term. Any failure to assert any right under these Terms of Use shall not constitute a waiver of such a right.

Governing Law

These Terms of Use and any issues arising under these Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Updated: January 2024

We expressly prohibit, without our prior written approval, any use of our Nine & Pedestrian Group Content or data (including any associated metadata) in any manner for any software, machine learning, and/or artificial intelligence purposes, including without limitation for the purposes of training or development of artificial intelligence technologies or tools or machine learning language models, or otherwise for the purposes of using or in connection with the use of such technologies, tools, or models to generate any data or content and/or to synthesize or combine with any other data or content. We reserve all rights to license any use of the Nine & Pedestrian Group Content and data for any such purposes.

Without limiting the above restrictions you further agree to abide by exclusionary protocols (e.g., Robots.txt, etc.) that may be used in connection with the provision of Nine & Pedestrian Group Content on the Pedestrian Group Digital Network. You may not access parts of the Nine & Pedestrian Group Digital Network to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access to the Nine & Pedestrian Group Digital Network.