Spotlight Careers Website – Terms & Conditions of Use

This website is owned and operated by Spotlight Pty Ltd as trustee for the Spotlight Unit Trust ABN 39 564 861 886 (‘Spotlight’). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (‘Terms’). References to ‘us’ mean Spotlight and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to ‘you’ mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

Copyright in website material

All of the material on and in relation to the website is and remains the property of Spotlight at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Spotlight’s copyright and other proprietary rights. You may copy and email our webpage URL’s to your family and friends for private and non-commercial purposes.

Intellectual Property

Spotlight is the owner or authorised user of all intellectual property in and associated with the website. Spotlight is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.

You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, associated with the website.

Advertising

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Spotlight. Spotlight does not control the content of and is not responsible for the advertisements. Spotlight will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.

Third party sites

This website may contain links to third party websites. These links are not recommendations or endorsements by Spotlight and Spotlight does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

Content

“Content” means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.

“Disseminate” means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.

From time to time you might be entitled to create and upload Content to be stored on the Spotlight website provided that:

1. The Content will be your original work;
2. You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person;
3. The Content will not infringe the intellectual property rights of any third party;
4. The Content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube; and
5. You adhere to these Terms.

You grant Spotlight the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Spotlight website or via such other medium or channel as determined by Spotlight from time to time.

You consent to other Spotlight website users accessing, using and viewing the Content.

You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Spotlight website.

Spotlight has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.

You waive the following Moral Right’s in respect of the Content that you create and upload:

1. The right to attribution of authorship as defined in the Copyright Act 1968, and
2. The right of integrity of authorship as defined in the Copyright Act 1968, and
3. The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.

This section headed “Content” survives the termination of these Terms.

Restrictions on use

You must not use this website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:

1. the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material;
2. the impersonation or theft of another person’s identity or falsely state or otherwise misrepresent your affiliation with a person, including Spotlight;
3. the creation or Dissemination of false or alias identities;
4. to harass, threaten, stalk or otherwise communicate with any person against their will;
5. to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics
6. the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Spotlight website, whichever is younger;
7. to defame, slander or libel any person;
8. for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities;
9. for the purpose of phishing;
10. for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means;
11. to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person;
12. to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.

You must not:

1. copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Spotlight website by other people.
2. commercialise all or part of the Spotlight website;
3. use the Spotlight website or upload Content to promote, market, distribute or sell any goods or services;
4. make any adaptation, modification or derivative work of the other people’s Content;
5. sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms;
6. use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity,
   1. disable, damage, disrupt or disassemble all or part of the Spotlight website; or
   2. communicate or seek to communicate with persons using the Spotlight website;

Disclaimer

You are entitled to statutory consumer guarantees under the Australian Consumer Law. Spotlight does not exclude or limit those consumer guarantees.
Spotlight makes no warranty or guarantee regarding:

1. your use of the website or any material on the website;
2. your ability to access or use the website or any material on the website at any time;
3. the loss or modification of information or material transmitted to or from the website;
4. the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted;
5. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the the website;
6. the products displayed on the website being available at any time.

If Spotlight breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Spotlight for a breach of the applicable term, condition or warranty is limited to, at the election of Spotlight:

1. the resupply of the relevant product, advice, service, recommendation or information; or
2. the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

Indemnity

You indemnify Spotlight, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on this website.

Privacy

Spotlight is committed to the responsible handling of personal and health information. Any personal information that you submit through or in relation to this website is collected and used by Spotlight in accordance with its Privacy Policy. You can review the Privacy Policy at: https://www.spotlightstores.com/privacy-policy.

Spotlight collects personal information (which may include sensitive information) from its employees (past, current and future) in order to provide a range of employment related services.

Spotlight collects personal information directly from job applicants (and their referees) or from recruitment agencies and related service providers. The information we collect may include your name, address contact details, employment and education history, the names of your referees and other relevant information.
Unsuccessful applications may be retained for a minimum period of six months after the conclusion of the selection process. Personal information may also be retained after that time in a selection report created by the selection panel during the process. Information will not be used for consideration for future employment without your consent.

Applicants may be required to provide their written consent to check records maintained by Police and the Department of Immigration and Citizenship (DIAC) as a part of the selection process. Spotlight will rely on information provided for selection process requirements.

This information we collect about you will be used for recruitment purposes and may be disclosed to third party service providers who provide recruitment related services to us. This may include overseas recruitment related services located in Australia, New Zealand, Singapore and Malaysia.

If you:

• have queries, concerns or complaints about the manner in which your personal information has been collected or handled; or
• would like to request access to or correction of the personal information we hold about you;
  please write to:

If you wish to contact us directly about your personal or sensitive information you can contact the Human Resources team on (03) 9675 4000.

Additional Terms

Additional terms and conditions may be attached to certain pages of the website from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.

Changes to the website and your access

Without prior notice to you and in its absolute discretion, Spotlight reserves the right to:

1. vary or discontinue the website or any page of the website at any time; and
2. suspend or terminate your access to part or all of the website at any time, and Spotlight is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

Changes to the Terms

Spotlight reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively or to any of your then current orders. You should review this page regularly to ensure that you are aware of any changes to the Terms.

Severance of clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms

Governing law

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.