These terms and conditions (“Terms“) govern all Advertisers (defined as “Advertiser“, “you” and ” your“) that:
- have placed an advertisement (the relevant ad) on pedestrian.tv/jobs/;
- have accessed the Employee Dashboard via pedestrian.tv/jobs/(together with pedestrian.tv/, the Site);
- have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within Pedestrian.TV’s Employee Dashboard (the Employee Dashboard);
- have utilised any features of the Site or Pedestrian.TV’s Products offered through the Site; and
Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.
Depending on what level of service you choose, there may be other terms that govern your relationship with Pedestrian.TV in conjunction with these Terms.
If you have elected to also acquire or utilise Job Bundles, Jobs Homepage Promotion, Jobs Alert Promotion, Social Media, Editorial or One of Everything, these Terms are to be read in conjunction with, and incorporate, the Product Terms (including the Talent Search Terms and Conditions).
The Site is owned and operated by PEDESTRIAN GROUP PTY LTD (ABN 60 112 839 568) defined as (“Pedestrian.TV“, “we“, “us” and “our“).
Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of Terms
- Pedestrian.TV may vary these Terms at any time. If Pedestrian.TV varies these Terms, it will provide notice by publishing the varied Terms on the Site.
- You accept that by doing this, Pedestrian.TV has provided you with sufficient notice of the variation to its Terms.
- All amounts owing to Pedestrian.TV must be paid before any Job Advertisements are live, without Pedestrian.TV’s prior written approval
- You are obliged to pay for the services that Pedestrian.TV agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Pedestrian.TV with the necessary materials or information for Pedestrian.TV to deliver these services to you, you are still liable to Pedestrian.TV for full payment.
- Pedestrian.TV may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
- If you do not pay your account on time Pedestrian.TV may disable your account without notice and refuse to supply further services to you.
- You agree that pursuant to the Privacy Act 1988 (Cth), Pedestrian.TV may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
- You agree that Pedestrian.TV may disclose this information to a credit reporting agency or any other interested person.
Intellectual Property Rights
- Pedestrian.TV retains all intellectual property rights subsisting in any of the goods and services provided to you by Pedestrian.TV.
Limitation of Liability and Disclaimer
- Pedestrian.TV provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
- In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
- Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
- Pedestrian.TV accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.
- Pedestrian.TV agrees to use reasonable efforts to publish advertisements in the shortest possible time.
- Pedestrian.TV cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- Pedestrian.TV acts as a medium through which individuals seek employment opportunities. Pedestrian.TV does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing – including those representations appearing in candidates’ resumes.
Changes to the Site
- TV reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Pedestrian.TV or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.
- You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
- advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
- all files delivered to Pedestrian.TV will be free of infection or viruses;
- you will not use the Site for any illegal purpose;
- you will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Pedestrian.TV, the Site users or persons generally;
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Pedestrian.TV’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
- You indemnify and will keep indemnified Pedestrian.TV, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Pedestrian.TV in connection with:
- any breach of these Terms or the Product Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any advertisement by you on the Site or any related site; or
- an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the/your advertisement appearing on the Site.
- You agree at all times to deal with any information or products provided by Pedestrian.TV or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without Pedestrian.TV’s prior written approval.
- You may not use the Site to post any pyramid scheme on the Site and you also may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
- You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
- You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Pedestrian.TV without Pedestrian.TV’s prior written approval.
- Any advertisements (including but not limited to Job Bundles and additional products) acquired by you from Pedestrian.TV must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by PEDESTRIAN.TV) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by PEDESTRIAN.TV) in conjunction with the advertisements (including but not limited to Job Bundles and additional products).
- If you breach either or both of clauses 28(a) and 28(b), then Pedestrian.TV, in addition to its rights under clause 60, reserves the right to charge you the casual advertiser price for each advertisement, (including Job Bundles and additional products) placed by you on the Site in breach of those clauses.
Misuse of candidate data, and on-selling
- Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.
- Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by Pedestrian.TV to be a misuse of candidate data, and is prohibited.
- You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless Pedestrian.TV has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
- TV takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Pedestrian.TV believes that you have misused candidate data for any reason, Pedestrian.TV reserves the right to:
- immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
- report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
- Competition and Consumer Act 2010 (Cth) including but not limited to section 31 of Schedule 2 which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
- Fair Trading Acts in all applicable States and Territories;
- Privacy Act 1988 (Cth) including the Australian Privacy Principles;
- Estate Agents Acts in all applicable States and Territories; and
- Human Rights and Equal Opportunity Commission Act 1986 (Cth)
- The Fair Work Australia guidelines on Work Experience & internships; and
- All anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
- You must adhere to the principle of honest representation in advertising set out in the RCSA’s Code For Professional Practice.
- You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):
- within the details of a job ad (including from the apply functions);
- from within Pedestrian.TV’s job application process;
- within or from a previously approved externally hosted application form;
- within an employer/company profile; or
- within any communications with a candidate via Talent Search
without Pedestrian.TV’s express written approval which may be granted withheld or withdrawn at Pedestrian.TV’s discretion.
- You may only post Advertisements to the Site that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. PEDESTRIAN.TV reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.
- You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
- Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Pedestrian.TV Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, Pedestrian.TV reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Pedestrian.TV Site.
- Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. Pedestrian.TV reserves the right to amend, alter or remove any information that does not meet this requirement.
- Pedestrian.TV reserves the right and Advertisers must accept as a condition of advertising on the Site, Pedestrian.TV’s right to re-classify advertisements posted to the Site, entitling Pedestrian.TV to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
- Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
- The following actions constitute a new/additional job advertisement:
- copying a job advertisement;
- reposting an archived or deleted job advertisement;
- extending a job advertisement (“Extending”) which adds 30 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions;
- changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement;
- Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.
Authority to store and retain applications
- You expressly authorise Pedestrian.TV to store and retain all applications submitted in response to the relevant ad within the Employee Dashboard, only opting in to receive those applications via email.
- Your access to the Employee Dashboard (and the functionality contained therein) will be via a secure login username and password issued to you by Pedestrian.TV (the Password). The Advertiser is responsible for:
- providing Pedestrian.TV with the identity and contact details of individuals authorised to access the Employee Dashboard on your behalf ( authorised users);
- setting authority limits for all authorised users;
- supervising the use of the Employee Dashboard by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading ‘Use of Employee Dashboard’; and
- ensuring that any Password provided to authorised users is kept secure and confidential.
- You are responsible for the use of the Password issued by Pedestrian.TV to enable users to gain access to the Employee Dashboard, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Employee Dashboard that breaches these Terms will be deemed a breach of these Terms by you.
- Once access to the Employee Dashboard has been granted to you by Pedestrian.TV, the Advertiser will have access to the Employee Dashboard and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
- If your access to the Employee Dashboard is terminated for reasons other than fraud or dishonest conduct on your part, Pedestrian.TV will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
- Pedestrian.TV will use reasonable endeavours to ensure that the Employee Dashboard is available for access by authorised users at all times. Notwithstanding this, Pedestrian.TV and its third party service providers may be required to undertake maintenance and upkeep of the Employee Dashboard from time to time. Pedestrian.TV will endeavour to limit any ‘downtime’ to periods outside of standard business hours. Pedestrian.TV provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Employee Dashboard.
Licence to use data
- Except for information that is ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not Pedestrian.TV.
- The Advertiser hereby grants Pedestrian.TV a perpetual, non-exclusive, irrevocable licence to use any stored data to:
- manage internal reporting requirements;
- collate statistical information about use of the Site and submission of online applications;
- analyse user behaviour on the Site;
- obtain and analyse high level trends and prepare reports relating thereto; and
- generally improve the candidate user experience.
Hardware & software
- It is the Advertiser’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Employee Dashboard.
- Pedestrian.TV reserves the right to terminate your agreement with Pedestrian.TV if you post any advertisement or utilise any feature of the Site or Pedestrian.TV Product in any way which is in breach of any of these Terms or the Product Terms. Further, Pedestrian.TV reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
- Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
- These Terms are governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.