Terms and Conditions

Welcome to the Armadale University Study Hub. To maintain a safe and enjoyable experience, please read the terms and conditions outlined below.

1. Definitions

Access Device means any access card, key, fob or other device, document or other item issued by the City or Staff for the purpose of permitting or facilitating access to the Study Hub.

Authority means any governmental or other public body, local authority or other authority of any kind.

City means the City of Armadale at 7 Orchard Avenue, Armadale, WA 6112 (ABN 79 863 269 538) and includes its officers, employees, contractors, agents, volunteers and representatives, unless the context requires otherwise.

Crèche means the short-term child-minding area or services provided by the City at the Study Hub for the temporary care of children while their parent or guardian or Responsible Person (as defined in Schedule 3) remain on the Study Hub premises.

Emergency means any event, occurrence, incident or situation (whether arising from natural, accidental, deliberate or other causes) that:
(a) poses, or is reasonably likely to pose, a risk to the health or safety of any person, or to the security or integrity of the Study Hub or its operations; or
(b) causes, or is reasonably likely to cause, loss of or damage to property, disruption to essential services, or material adverse impact on the environment;

and includes, without limitation, fire, explosion, hazardous material incident, structural failure, loss of utilities, serious injury, medical emergency, natural disaster, civil disturbance, or any other event declared by a competent Authority under applicable law in Western Australia to be an emergency.

Enrolment Service means the online portal used to manage a Student’s bookings, enrolments and other details as required from time to time.

Operating Hours means the hours which the Study Hub will be operating and available and accessible for use by Students as notified on the City’s website or as otherwise determined and notified by the City at its sole discretion.

Services means the supply of study spaces, internet access, computing, printing, video and teleconferencing facilities, Crèche facilities, or any other services made available via the Study Hub from time to time.

Staff means the City’s employees, contractors, agents, volunteers or representatives who are authorised to operate, supervise, manage or provide Services at the Study Hub or any part of it, including without limitation administration, IT support, security and Crèche supervision.

Staffed Hours means using best endeavours, the period during which Staff are physically present at the Study Hub to provide non-academic assistance, supervision, or support. Staff hours will be displayed and updated on the AUSH website (http://studyhub.armadale.wa.gov.au).

Study Hub means the Armadale University Study Hub located at 145 Jull Street, Armadale WA 6112 and includes the premises, buildings, grounds, equipment, services, resources and associated amenities owned, controlled or managed by the City and made available for use under these Armadale University Study Hub Terms and Conditions (including any Schedules).

Student means a person who has a Unique Student Identifier (USI) and who is enrolled at an accredited Australian university or enrolled in a Vocational Education and Training course and is authorised to access and use the Study Hub.

Supplier means the City of Armadale of 7 Orchard Avenue, Armadale WA 6112 (ABN 79 863 269 538).

User means any Student, User or other person authorised to use or access the Study Hub under these terms and conditions (including any Schedules), including (where applicable) any parent, guardian or Responsible Person.

Vocational Education and Training (VET) means nationally regulated, work focused training delivered by TAFE Colleges and Registered Training Organisations that results in Australian Qualifications Framework qualifications or statements of attainment.

2. General

2.1. The Supplier of Services under these Terms and Conditions is the City of Armadale of 7 Orchard Avenue, Armadale, WA 6112 (ABN 79 863 269 538).

2.2. The City will endeavour to make the Study Hub accessible twenty-four (24) hours a day, seven (7) days a week.

2.3. Users accessing or using the Study Hub at any time outside of Staffed Hours do so without the presence of Staff and acknowledge the increased risks associated with studying alone. Users are responsible for their own safety and wellbeing while using the Study Hub outside of Staffed Hours, subject to any rights or obligations that cannot be excluded under applicable law.

2.4. A User must use their Access Device or present their Access Device or other identification as directed by Staff each time they access the Study Hub. An Access Device must only be used by the User to whom that Access Device was issued and not by any other person.

2.5. If a User is found or believed, in the opinion of the City or any Staff (acting reasonably), to be sharing their Access Device with another person or otherwise facilitating any other person to access the Study Hub without authorisation, the City may at its sole discretion and without notice to that User suspend or cancel that User’s access by deactivating an Access Device or by giving notice to that User.

2.6. Where a User loses their Access Device, it is that User’s responsibility to notify Staff immediately. The Access Device will be cancelled and a replacement issued.

2.7. All Users agree to have their photo taken for access security purposes.

2.8. If a User is under the age of 18 years, a parent or guardian is required to sign an under-age acceptance declaration before use or access to the Study Hub will be authorised. Users under the age of 18 years are not permitted to use or access the Study Hub outside of Staffed Hours.

2.9. Users agree to adhere to all Study Hub Conditions of Entry, and to treat Staff, other Users and any other persons at or around the Study Hub with courtesy and respect. Users are required to follow all reasonable directions given by Staff. Conditions of Entry are subject to change without notice. A copy of Study Hub Conditions of Entry can be found on signage in the Study Hub, and on the AUSH website (http://studyhub.armadale.wa.gov.au).

2.10. A User is required to notify the City of any changes to their personal details and update and maintain their personal details on the Study Hub’s Enrolment Service or by using any other system or in any other way as notified by the City or Staff.

2.11. Users must wear suitable clothing with no offensive prints or logos or that in any way displays any words, messages or images that may be considered offensive. 

2.12. Any person that applies, enrols or registers with the City to become a User or to otherwise obtain use of the Study Hub (including by signing up to any system that collects personal information for the purpose of arranging or applying for access to the Study Hub), acknowledges and consent to that personal information being used to create and compile statistical information as required for the City to comply with any conditions imposed by the Commonwealth or any other Authority, to improve programming and offerings and to assist in informing decisions, policies and services. The Study Hub is committed to upholding the privacy, confidentiality and security of the personal information it collects and will use best endeavours to maintain privacy. The personal information you provide because of your enrolment will remain strictly confidential to the City of Armadale and Personally Identifiable Information (PII) will be de-identified in any data analysis except where disclosure of identifiable information is required to comply with law or any Commonwealth reporting or grant condition.

2.13. The City in its sole discretion reserves the right to change or amend these terms and conditions at any time without prior notice. If any changes are made, Users will be notified of the change by email including a copy of the revised terms and conditions.

2.14. Smoking, vaping, or consuming or using alcohol and/or any illicit drugs is prohibited on the Study Hub premises.

2.15. Animals (except assistance animals) are prohibited without approval of Staff or the City.

2.16. Students must not change or modify any Study Hub property including but not limited to any information systems such as computer hardware, software or system security settings.

2.17. The Study Hub adopts a zero-tolerance approach to racism, discrimination, bullying, harassment and other serious inappropriate behaviour. Such conduct may result in immediate suspension or termination of access, in accordance with the suspension and termination provisions of these Terms and Conditions.

2.18. Each User acknowledges and agrees that:
(a) the Study Hub is subject to security measures which may include closed-circuit television (CCTV) cameras, recording devices and other monitoring systems;
(b) the User may be monitored and/or recorded while on or around the Study Hub for the purposes of safety, security, asset protection, compliance and operational management;
(c) any images, video or audio recordings may be collected, stored, used and disclosed by the City in accordance with applicable laws, including for the purposes of investigation, compliance, legal proceedings or law enforcement; and
(d) by entering and using the Study Hub, the User consents to such monitoring and recording.

3. Suspension by City of Armadale

3.1. The City or Staff may close the Study Hub, or restrict or suspend access to the Study Hub (generally or in respect of one or more Users), where acting reasonably, having regard to the safety, security and wellbeing of Users, Staff and the public, and the safe and proper operation of the Study Hub, including where:
(a) an Emergency occurs or an Emergency is declared by the Commonwealth, the Government of Western Australia or any other Authority;
(b) the City is required to do so pursuant to an order or direction from any Authority; or
(c) in the opinion of Staff or City personnel acting reasonably, a User has breached or is likely to breach these Terms and Conditions or any applicable Conditions of Entry.

3.2. Access to the Study Hub may be suspended, for such period as the City or Staff consider appropriate, by written notice to the User where the Staff, acting reasonably, determine that the User has:
(a) engaged in conduct that is offensive, abusive or disruptive to any other person;
(b) acted in a manner that endangers, or is reasonably likely to endanger, the health, safety or wellbeing of the User or any other person; or
(c) otherwise acted in a way that is detrimental to the safe enjoyment, security or proper operation of the Study Hub.

3.3. Access may also be suspended where the Staff, acting reasonably, determine that the User’s use of, or access to, the Study Hub poses a health risk to the User or to others, and the User has failed to provide evidence reasonably requested by the Staff (such as a medical certificate) demonstrating otherwise.
Where a User has breached these Terms and Conditions, access may be suspended if:
(a) the breach is capable of remedy and has not been remedied within 10 Business Days of written notice from the Staff; or
(b) the breach is not capable of remedy.
Any suspension imposed under this clause must be proportionate to the nature and seriousness of the conduct, having regard to any previous breaches.

4. Termination by a Student

4.1. A User may terminate their right to use or access the Study Hub at any time by written notice to the Staff. Such termination will not take effect until the User has returned to the Staff any Access Device provided for the purpose of accessing the Study Hub.

5. Termination by City of Armadale

5.1. The City or Staff may terminate a User’s right to use or access the Study Hub by written notice where, acting reasonably, it considers that continued access is inappropriate having regard to the nature and seriousness of the conduct, any previous breaches, and the proper use and operation of the Study Hub.

A User’s right to use or access the Study Hub may be terminated at the end of each semester as advertised on the Enrolment Services system.

Without limiting the generality of the above, the City or Staff may, by written notice to the User, immediately terminate the User’s right to use or access the Study Hub if:
(a) the User engages in serious misconduct, unlawful conduct, or conduct that causes, or is reasonably likely to cause, material harm to the health, safety or wellbeing of any person, or material damage to the Study Hub;
(b) the User commits a breach of these Terms and Conditions which is not capable of remedy;
(c) the User fails to remedy a breach of these Terms and Conditions within the period specified in a notice issued under the suspension provisions; or
(d) the User has repeatedly breached these Terms and Conditions (whether or not remedied), such that the Staff, acting reasonably, determine that continued access is inappropriate.

5.2. Termination under this clause is without prejudice to any other rights or remedies available to the City under these Terms and Conditions or at law.

6. Personal Responsibility, Limitation of Liability and Release

6.1. Users acknowledge and agree that any activities they undertake within the Study Hub or its surrounds, or in connection with the use of the Study Hub, its equipment, services or resources, are carried out at their own risk, including as to the risk of death, personal injury or damage to property.

6.2. To the maximum extent permitted by law, each User:
(a) accepts full responsibility for their own health, safety and wellbeing while using or accessing the Study Hub;
(b) releases and discharges the City and its officers, employees, contractors, agents, volunteers and representatives (together, the Released Parties and individually, the Released Party) from all liability for any loss, damage, cost, expense, injury or death suffered or incurred by the User arising from, or in connection with, their use of or access to the Study Hub, its surrounds, equipment, services or resources,
or their presence on premises owned or controlled by the City, except to the extent that such loss arises from the negligence of a Released Party; and
(c) agrees not to make or bring any claim against a Released Party in respect of such loss, except to the extent caused by the negligence of that Released Party.

6.3. Nothing in this clause excludes, restricts or modifies any liability that cannot lawfully be excluded under any applicable law.

7. Privacy

7.1. The City may amend its Privacy Statement from time to time and will make available any amended Privacy Statement available on its website.

7.2. The City is committed to maintaining the confidentiality of any personal information students will provide.

8. Proof of Access Eligibility

8.1. To become eligible to access and use the Study Hub access, you must:
(a) hold a current Unique Student Identifier (USI), which must be presented at the time of the registration or renewal of a registration; and
(b) provide proof of current course enrolment at an accredited Australian university, or in Vocational Education and Training.

8.2. The City reserves the right to request evidence of eligibility to access and use the Study Hub at any time.

8.3. Failure to comply with a request to provide evidence of eligibility will amount to a breach of these terms and conditions and may result in suspension of termination access.

9. Access Reactivations

9.1. All access reactivations are treated as new agreements and subject to all associated terms and conditions.

10. Intellectual Property and Copyright

10.1. Users must not infringe any copyright, intellectual property or other legal right of a third-party or any other law while attending the Study Hub or when using any of its equipment, services or resources, including but not limited to its information systems (or computer), information networks (including any wireless network or Wi-Fi or internet access or services). This includes, but is not limited to, illegally downloading, copying, sharing or distributing copyrighted material.

10.2. Infringement of any copyright, intellectual property or other legal right of a third-party or of any other law will amount to a breach of these terms and conditions and may result in suspension or termination of a User’s access.

11. Room Bookings (Study Spaces)

11.1. Room bookings must be made in person, by phone or via the Enrolment Services system.

11.2. Room bookings are subject to availability, and made available on a first come, first served basis. To ensure a successful booking, we recommend bookings are made in advance in accordance with these Terms and Conditions.

11.3. Rooms are for study purposes only, and only available to Students and Staff, or a person with prior written approval from Staff.

11.4. Bookings can only be made up to 5 days in advance and are limited to 2 hours per day.

11.5. Staff have the right to cancel bookings where a valid name and/or email address is not provided or for any reason it deems necessary.

12. Use of Study Hub Wireless Internet (WI-FI)

12.1. Use of the Study Hub wireless network and/or internet services is subject to the City of Armadale Wireless Internet Terms and Conditions in Schedule 1 and accessible through the wireless internet service sign-up page. By accessing the wireless network and/or internet services, User’s agree to those terms and conditions and accept all associated risks, including potential interruptions, security issues and data loss.

13. Use of Study Hub Computers

13.1. Use of any Study Hub information system or computer is subject to the Armadale University Study Hub Information Technology (IT) Usage Policy in Schedule 2. By using these computers, you agree to the terms and conditions and accept all associated risks, including potential interruptions, security issues and data loss.

14. Use of Study Hub Crèche

14.1. Use of the Study Hub Crèche is subject to the Armadale University Study Hub’s Crèche Terms and Conditions in Schedule 3. By using the Crèche, you agree to the terms and conditions and accept all associated risks.

15. Study Hub Communications

15.1. Students agree and consent to receive correspondence from the City related to the Study Hub facility and any services or activities by written correspondence, telephone, E-mail, SMS (text message) or by any other method that is reasonable based on the information provided by the User to the City or Staff.

16. Limitation of Liability and Indemnity

16.1. Each User acknowledges and agrees that, to the maximum extent permitted by law:
(a) the City makes no representation or warranty (express or implied) regarding:
(i) the availability, suitability or fitness for purpose of the Study Hub;
(ii) the quality, safety, condition or availability of any equipment, services, resources or devices associated with the Study Hub; or
(iii) the performance, skill, care or conduct of any Staff;

(b) the City excludes all liability for, and accepts no responsibility in respect of, any loss, damage, cost, expense, injury or liability (including consequential, indirect or incidental loss) arising out of or in connection with any User’s use of, or access to:
(i) the Study Hub; or
(ii) any equipment, services, resources or devices connected with such use or access; and

(c) nothing in this clause operates to exclude, restrict or modify any liability that cannot lawfully be excluded under any applicable law.

16.2. Each User indemnifies and holds harmless the City, its officers, employees, contractors and agents (together, the Indemnified Parties and individually, the Indemnified Party) from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by any of the Indemnified Parties arising out of or in connection with:
(a) the User’s use of, or access to, the Study Hub;
(b) the User’s use of any equipment, services, resources or devices connected with the Study Hub;
(c) any act or omission of the User (including negligence, wilful misconduct or breach of this agreement); and
(d) any claim made by a third party against an Indemnified Party to the extent that the claim arises from the User’s acts, omissions or conduct.

This indemnity applies to the maximum extent permitted by law and does not operate to exclude, restrict or modify any liability of the City that cannot lawfully be excluded under any applicable law.

Schedule 1 - City of Armadale Wireless Internet Terms and Conditions

1. Terms of Use

Welcome to our public Internet services.

Thanks for using this public internet services Service ("Service"). The Service is provided by The City of Armadale, located at 7 Orchard Avenue, Armadale, Western Australia 6112.

By using the Service, you are agreeing to these City of Armadale Wireless Internet Terms and Conditions ("Terms"). Please read them carefully.

Acceptance of the Terms

By clicking on "I AGREE" on the service sign-up page, you represent that:

1. You have read, understand, and agree to the Terms.
2. You are at least 18 years of age or have obtained parental/guardian consent if under 18.

If you do not agree to the Terms, you may not use the Service. Your electronic acceptance of the Terms by clicking on the "I AGREE" on the sign-up page has the same effect as if you had actually signed the Terms. The effective date of these Terms is the date that you click on "I AGREE."

2. User Obligations and Limitations

The Service is to be used in a fair and community-minded manner for personal and non-commercial use. Excessive or prolonged usage that negatively impacts other users' ability to access the Service may result in temporary restrictions, such as reduced connection speeds or restrict access.

To ensure fair access for all users, the City of Armadale may:

• monitor overall usage patterns to detect high levels of data consumption that may impact other users; and/or

• temporarily reduce connection speeds or limit access for users who exceed reasonable usage levels or engage in high-bandwidth activities (e.g., streaming, large file downloads) that degrade the service quality for others.

The City of Armadale may, at its absolute and sole discretion, limit or block certain websites and/or content that it considers inappropriate or that may bring negative exposure or harm to the City of Armadale, the City of Armadale’s reputation or any other person, including but not limited to websites and/or any internet content that:

• may cause the City of Armadale to be in breach of any law, code or act which governs its conduct or to suffer any loss damage or harm or incur any liability whatsoever including to any third party;

• may interfere with the integrity and/or performance of the any other City of Armadale service or the City of Armadale’s other computer networks or equipment;

• depicts, alludes to, or promotes offensive, immoral, unethical or illegal behaviour;

• may be considered offensive or promote racism, bigotry, hatred or physical harm of any kind toward any group or individual;

• harasses or advocates harassment of another person;

• exploits people in a sexual or violent manner;

• contains nudity, violence, or offensive subject matter or which may contain links to or otherwise may be used to connect to or direct a person to adult websites or content;

• promotes conduct that is abusive, threatening, obscene, defamatory or libellous;

• promotes an illegal or unauthorised copy of another person's copyrights work (including but not limited to software, websites or other applications that enable file sharing (including but not limited to for Bit-Torrent downloads/uploads or other peer-to-peer file sharing applications generally);

• involves the transmission of junk mail, chain letters, or mass mailing, instant messaging or spamming;

• furthers or promotes any illegal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, accessing computer systems or networks without authorisation or providing or creating computer viruses;

• contains any unwanted malicious software agents, such as viruses, Trojan horses, worms, etc. or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or

• uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content.

The City of Armadale reserves the right to immediately terminate and block access to the Service if it is used in a manner that contravenes these Terms, or if it is used in an attempt to manipulate or bypass any limitations of the Service by any means or in any manner that may be considered aggravating, illegal, inappropriate or unsociable or otherwise in a manner that is inconsistent with the City of Armadale’s intended use of the Service or otherwise contrary to these Terms.

3. Youth Access and Responsibility

While this Service is intended for users aged 18 and over, we recognise that individuals under 18 may access the Wi-Fi in various community spaces. By allowing a minor to access the Service, you (the parent or guardian) agree to supervise the minor’s use of the Service and take responsibility for ensuring that the minor adheres to these Terms.

4. Parental Control

If you are under 18 years of age, you must obtain permission from your parent or legal guardian to use this Service. By using this Service, you represent that you have obtained such consent and that your parent or guardian accepts these Terms on your behalf. The City of Armadale reserves the right to request verification of parental consent for any users under the age of 18.

5. Content and Internet Safety

The City of Armadale has implemented certain content filtering controls to help prevent access to inappropriate content on its public Wi-Fi network. However, these controls may not be able to block all such content. We encourage parents or guardians to educate minors about safe internet practices and to supplement the City’s controls with their own filtering tools if necessary. The City of Armadale is not responsible for any content accessed by minors using the Service despite these measures.

6. Description of the Service

The City of Armadale's Service provides you with access to the Internet via Wi-Fi access points. To access the Service, you must have a device that is compatible with the specific Wi-Fi equipment deployed at the Wi-Fi hotspot.

The Service is intended for the limited purposes of allowing access to the public Internet for e-mail, web browsing, downloading files via the 'ftp' protocol typically implemented in such web browser programs, and for purposes otherwise consistent with the Terms. The Service is not optimised for high-bandwidth applications such as streaming of video.

The Service can only support a certain number of users accessing or connecting to the Service at any one time. The City of Armadale does not guarantee that access to or use of the Service will be always available.

7. Security

The unsecured nature and ease of connection to public Wi-Fi hotspots increases the risk that unauthorised persons can access your phone, laptop, or other device or your communications over the Wi-Fi network. Wi-Fi users should take precautions to lower the security risks. The City of Armadale encourages you to observe standard security practices. You should ensure that computer hard drives are not shared; that laptops have firewall protection; and that security software is installed, functional, and updated on your device. The City of Armadale recommends that you avoid transmitting or accessing sensitive personal information over the Wi-Fi network, and that you only connect to known Wi-Fi hotspots.

8. Use of the Service

The City of Armadale gives no warranty or guarantee and/or makes no representation that the Service will be continuous, fault-free, secure, accessible or available at any time. This Service is not intended or suitable for supporting any application or use, which requires continuous, fault-free network connectivity or uninterrupted data traffic flow. Without limiting any other provision of these Terms, The City of Armadale will not be liable if access to the Service or the Service becomes unstable, unsecured, slow or unavailable for any reason. The City of Armadale is not responsible for any loss, damage or liability however incurred including any impact to or interruption of business resulting from the use of the Service.

You agree not to use or attempt to use the Service for any fraudulent, unlawful, harassing, or abusive purpose or so as to damage or cause risk to the City of Armadale, its business, reputation, employees, other users, equipment, or any third person.

In case of improper use, the City of Armadale may suspend or stop providing the Service to you if you do not comply with our Terms.

9. Fee for the Service

Where applicable, you agree to pay all charges and fees related to your use of the Service, including taxes, fees, surcharges, or other assessments applicable to the Service.

10. Monitoring of the Service

The City of Armadale has no obligation to monitor the Service but may do so and disclose information regarding the use of the Service for any reason if the City of Armadale, in its sole discretion, believes that it is reasonable to do so, including where required to: do so pursuant to any law, regulation or request by any lawful request made by a government or government authority; operate the Service properly; or protect itself and its customers. The City of Armadale may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

11. Modification to the Service

The City of Armadale reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof, including but not limited to rates and charges) with or without notice. Where feasible, the City of Armadale will provide reasonable notice of significant modifications or discontinuation of the Service, particularly if the Service is essential to public or community functions. You agree that the City of Armadale will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.

12. Termination of the Service

Without prior notice, the City of Armadale may terminate these Terms or your access to the Service for any reason, including, without limitation, if the City of Armadale, in its sole discretion, believes you have violated these Terms. The City of Armadale will not be liable for any consequences resulting from the termination of the Service.

13. Privacy Protection

The City of Armadale will only collect, use and store personal information to the extent necessary and for the purposes of delivering the service in accordance with applicable legislation and these Terms. Without limiting the above, the City of Armadale will not collect or attempt to capture any personal information whilst you access and/or use the service without your consent.

The City of Armadale Privacy Policy explains how the City of Armadale treats your personal data and protects your privacy when you use the Service. By using the Service, you agree that the City of Armadale can use such data in accordance with its Privacy Policy.

The City of Armadale may collect and process information regarding the web browser type (or other application) and/or operating system information used by any device accessing the Service in order to determine the most effective way to display the requested information on that device and to the extent necessary to deliver the Service in accordance with these Terms.

The City of Armadale may also collect and store information about a wireless enabled device accessing the Service (such as the internet protocol and medium access control addresses).

The City of Armadale is not responsible for how a third party (including but not limited to any website accessed through the service) collects and/or uses personal information. You are solely responsible for checking the terms of use and privacy policy of each website you visit and determining whether you accept such terms of use and/or privacy policies.

14. Disclaimer of Warranties and Limitation of Liability

The City of Armadale does not control any materials, information, products, or services on the internet. The internet contains unedited materials, some of which are sexually explicit or may be offensive to you. The City of Armadale has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the Service and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service or the internet.

This Service is provided on an "as is" and "as available" basis. The City of Armadale does not warrant that the Service will be error-free, or free of viruses or other harmful components. The City of Armadale makes no express warranties. You waive all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information, or service provided through the City of Armadale or the internet. You expressly acknowledge that there are risks, and assume all responsibility related to the security, privacy, and confidentiality risks inherent in wireless communications and technology. The City of Armadale does not make any assurances or warranties relating to such risks. No advice or information given by the City of Armadale or its representatives shall create a warranty. The City of Armadale and its employees are not liable for any costs or damages arising, either directly or indirectly, from your use of the Service or the internet, specifically including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages.

15. Indemnity

You agree to defend, indemnify, and hold the City of Armadale harmless from and against any and all claims, demands, actions, liabilities, costs, or damages arising out of your use of the Service or of any violation of these Terms. You further agree to pay the City of Armadale reasonable attorneys' fees, experts' fees, and other costs in any action or claim under these Terms.

16. About These Terms

The City of Armadale may, at its sole discretion, modify the Terms. Such modifications shall be binding and effective upon the date of posting. You agree to review the Terms prior to each use of the Service to maintain awareness of any modifications. By continuing to use the Service after such postings, you agree to accept and agree to any and all such modifications.

These Terms are governed by the laws of Western Australia without regard to conflict of law provisions. The courts located in Western Australia alone have jurisdiction over all disputes arising out of or related to these Terms and the Service.

Schedule 2 - Armadale University Study Hub Information Technology (IT) Usage Policy Terms and Conditions

1. Definitions

City means the City of Armadale at 7 Orchard Avenue, Armadale, WA 6112 (ABN 79 863 269 538).

Enrolment Service means the online portal used to manage a Student’s bookings, enrolments and personal details.

Services means the supply of study spaces, internet access, computing, printing, video and teleconferencing facilities and Crèche facilities.

Staff means any person employed and/or authorised by the City, whether as an employee, contractor, volunteer, or agent, to operate, supervise, manage or provide Services at the Study Hub, including but not limited to administration, IT support, security and Crèche supervision.

Staffed Hours means the period during which Staff are physically present at the Study Hub to provide non-academic assistance, supervision, or support. Unless otherwise notified, and using best endeavours, Staffed Hours are from 12:00pm to 8:00pm, Monday to Friday, excluding public holidays.

Study Hub means the Armadale University Study Hub located at 145 Jull Street, Armadale WA 6112.

Student means a person who has a Unique Student Identifier (USI) and who is enrolled at an accredited Australian university or enrolled in a Vocational Education and Training course and is authorised to access and use the Study Hub.

Systems means all information technology and communications systems owned, leased, operated, managed or otherwise provided by the City, including but not limited to computer hardware, software, networks, servers, Wi-Fi infrastructure, internet access, email platforms, cloud services, databases, digital records management tools, and any associated equipment, applications or services.

Supplier means the City of Armadale of 7 Orchard Avenue, Armadale WA 6112 (ABN 79 863 269 538).

User means any individual who access or uses the Systems provided by the City, including but not limited to Students, members of the public, or any person interacting with City provided information technology resources, whether on site or remotely.

Terms means the terms and conditions contained in this Schedule 2.

2. Scope

2.1. This policy applies to all Users who access the Study Hub’s Systems.

2.2. The policy is applicable to all Systems.

3. Bookings

3.1. Bookings must be made in person, by phone or via the Study Hub portal. Users may book a maximum of 2 hours per day, with additional time offered depending on availability.

3.2. Bookings may be made no earlier than 5 days prior to the appointment.

4. Conditions of Use

4.1. Use of the Systems must be lawful and respectful of others.

4.2. Users must:
(a) comply with all applicable federal and state legislation including but not limited to copyright and censorship laws, and the Criminal Code Act Compilation Act 1913;
(b) refrain from accessing, transmitting or storing material that is illegal, pornographic, discriminatory, offensive, defamatory, or otherwise inappropriate;
(c) not use the Systems to harass, defame, libel or intimidate others; and
(d) not interfere with, modify or attempt to circumvent security or configuration of any hardware, software or network infrastructure.

4.3. Only basic assistance with Systems and/or the internet, provided on a best effort basis, will be provided by Staff.

5. Privacy and Monitoring

5.1. The City does not guarantee privacy when using the Systems.

5.2. Without notice, all use of the Systems, including internet browsing, email and wireless internet access may be monitored and logged at the City’s sole discretion and in accordance with applicable law.

5.3. Monitoring of the Systems may be conducted for the purposes of ensuring compliance with these Terms, investigating alleged misconduct, responding to lawful requests by enforcement agencies, or compiling usage statistics and any other reasonable purpose required by the City.

5.4. To the extent permitted by law, the City accepts no liability for any privacy breaches arising from use of its Systems.

5.5. The City reserves the right to deny or restrict access to sites and/or materials as they deem fit.

6. Content Filtering and Security

6.1. The City has no obligation to use content filtering technology to prevent access to material that may be deemed harmful, offensive or contrary to law but may do so.

6.2. Users acknowledge and agree that content filtering or security software (or measures) may not prevent intentional or inadvertent access to inappropriate material on the internet. Users acknowledge the risk or exposure to inappropriate content or that such content may still be accessible despite any content filtering or security measures used by the City or installed on the Systems. Users also acknowledge that the content filtering or security measures used by the City may cause some legitimate content to be blocked or be otherwise inaccessible when using the Systems.

6.3. The City assumes no responsibility for any content that may be accessed or viewed while using its systems and disclaims any liability for any loss, damage or harm to any person resulting from such access or use.

7. Use of the Systems

7.1. The City gives no warranty or guarantee and/or makes no representation that that Systems will be continuous, fault-free, secure, accessible or available at any time.

7.2. The City reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Systems (or any function of feature of the Systems or part thereof) with or without notice.

8. Termination of the Systems

8.1. Without prior notice, the City may terminate these Terms or your access to the Systems for any reason, without limitation, if the City, in its sole discretion, believes you have violated these Terms. The City will not be liable for any consequences resulting from the termination of these Terms or your access to the Systems.

9. Copyright and Intellectual Property

9.1. Users must respect all intellectual property rights when using the Systems. This includes refraining from downloading, distributing or copying music, movies, software, publications or any other material that is subject to copyright, unless they have lawful entitlement to do so.

9.2. It is the responsibility of each User to understand and comply with copyright laws and licensing conditions applicable to any material they access or use.

10. Prohibited Activities

10.1. The following activities are strictly prohibited:
(a) attempting to gain unauthorised access to any of the Systems, data or accounts;
(b) introducing viruses, worms, Trojan horses, or any form of malicious or unauthorised software;
(c) using the Systems for commercial or political purposes or any other use not authorised by the City;
(d) circumventing any System feature including but not limited to any User authentication or security feature of any host, network or account related to or connected with a User’s use of any of the Systems;
(e) engaging in cyberbullying, hate speech, or discriminatory behaviour;
(f) downloading or accessing material of a pornographic, extremist, violent or inappropriate nature; and
(g) using another User’s credentials or sharing your own login details to access any of the Systems.

11. Enforcement and Breach of Policy

11.1. Any breach of these Terms may result in disciplinary action including but not limited to:
(a) immediate suspension or revocation of access privileges;
(b) removal from or suspension of access to the Study Hub;
(c) referral to law enforcement agencies; and
(d) civil or criminal liability where applicable.

12. Indemnity and Limitation of Liability

12.1. To the fullest extent permitted by law, the City, its officers, employees, agents and contractors are not liable for any loss, injury, damage, delay, disruption or corruption of data incurred by any User arising from or connected to the use of the Systems.

12.2. Users expressly agree to indemnify and hold the City harmless from any claim, action, liability, loss or damages arising from their use of the Systems.

13. Acknowledgement and Agreement

13.1. Use of the Systems constitutes acknowledgement and agreement to these Terms.

13.2. The City reserves the right to amend these Terms at any time without notice.

Schedule 3 - Armadale University Study Hub Crèche Terms and Conditions

Welcome to the Armadale University Study Hub Crèche. To maintain a safe and enjoyable experience, please read the terms and conditions outlined below and complete the acceptance declaration form.

1. Definitions

Unless otherwise defined in this section, terms used in this Schedule 3 – Armadale University Study Hub Crèche Terms and Conditions have the meaning given to them in the Study Hub Terms and Conditions.

Crèche Terms means the terms and conditions contained in this Schedule 3 – Armadale University Study Hub Crèche Terms and Conditions.

Responsible Person means, in respect of a child using the Crèche, the User, parent, guardian or other person who has custody, care or control of that child.

2. General

2.1. The Crèche and Crèche Services are provided by the City using reasonable endeavours, as a discretionary, short-term child-minding service to support Students at the Study Hub. The Crèche operates under Regulation 5(2)(e) of the Education and Care Services National Regulations 2012 (WA) and is therefore not a licensed childcare or early learning service.

2.2. The Crèche is used entirely at the parent or guardian’s own risk.

3. Eligibility and Access

3.1. The Crèche may only be used by a child that is authorised by the City or Staff to attend the Crèche and that is accompanied at all times by a Responsible Person.

3.2. Authorisation to use the Crèche must be obtained by written application to the City, in the form prescribed by the City. Application forms are available on the Owner’s website or otherwise on request.

3.3. The Crèche is available for children of Users aged between eight (8) weeks and eleven (11) years.

3.4. At the sole discretion of the City, and only during Western Australian school holidays, children older than eleven (11) years may be permitted to use the Crèche.

3.5. Access to the Crèche is limited to one session per child per day, for a maximum period of 2 hours.

3.6. The Responsible Person for any child using the Crèche must remain within the Study Hub at all times while that child is in the Crèche.

4. Bookings, Arrival and Departure

4.1. All Crèche bookings must be made in advance using the Enrolment Services system. Walk-ins are not permitted.

4.2. Children must be signed and out by the Responsible Person.

4.3. Only individuals listed on the Crèche enrolment form will be authorised to collect the child unless prior written notice by a parent or guardian is provided.

4.4. A Responsible Person who is late or fails to otherwise fails to adhere to a booking may be subject to charges and repeated breaches may result in suspension of that Responsible Person’s right to use the Crèche.

5. Health, Illness and Hygiene

5.1. Children who are unwell or displaying symptoms of illness, including but not limited to fever, vomiting, diarrhoea, rashes or respiratory symptoms, will not be admitted to or be permitted to remain in the Crèche or Study Hub.

5.2. The Crèche is an allergy-free environment. Parents and guardians must ensure all food and drink containers are clearly labelled and do not contain ingredients that are commonly associated with allergies or allergic reactions including but not limited to peanuts, nuts, gluten, shellfish or eggs.

5.3. Staff are not authorised to administer any medication other than EpiPens in an emergency.

6. Behaviour and Conduct

6.1. Children are expected to behave in a safe and respectful manner. The Crèche reserves the right to request that a child be collected if they display disruptive or unsafe behaviour.

6.2. Repeated behavioural issues may result in temporary exclusion from the Crèche.

7. Parent/Guardian Responsibilities

7.1. Parents and guardians are responsible for updating enrolment information, providing labelled personal items, and ensuring their child is dressed appropriately.

7.2. Parents and guardians must be contactable at all times and respond promptly if called to attend to their child.

8. Emergency and Evacuation

8.1. In the event of an emergency, Crèche staff will evacuate children in accordance with the Study Hub’s evacuation procedures.

8.2. Parents and guardians will be reunited with their children at a designated evacuation point, in accordance with evacuation procedures and/or emergency services personnel directions.

8.3. Emergency medical assistance may be sought if necessary, and all associated costs will be the responsibility of the parent or guardian.

9. Accidents and Incidents

9.1. Minor accidents such as bumps and scrapes may occur during normal play. Using reasonable endeavours Crèche staff may provide basic first aid and notify parents. A written accident report will be completed.

9.2. Parents and guardians accept the inherent risk of minor injuries and agree not to hold the City liable for any such occurrences.

10. Cancellations and Fees

10.1. Cancellations must be made at least 24 hours in advance. Fees may apply for late cancellations or no-shows and will be at the Staff’s sole discretion.

10.2. Repeated failures to cancel bookings may result in suspension of Crèche privileges.

10.3. Bookings are not transferable between children or users.

11. Court Orders and Custody

11.1. Where a child is subject to a court order, a certified copy must be provided to Crèche staff.

11.2. The City reserves the right to comply with any conditions set out in such orders in accordance with the law.

12. Immunisation Requirements

12.1. Children must be up to date with immunisations. Medical certificate required for return from infectious disease.

12.2. In the event of a vaccine preventable disease outbreak, non-immunised children may be excluded in line with the Western Australian Department of Health advice.

13. Photography and Media

13.1. Photography within the Crèche is not permitted without express written consent from Staff.

13.2. Parents and guardians may opt out of any internal or promotional photography by notifying Staff in writing.

14. Lost Property and Labelling

14.1. All items must be labelled. The Crèche accepts no responsibility for lost or unlabelled belongings.

14.2. Lost property will be retained for two (2) weeks and then disposed of in accordance applicable legislation.

15. Liability and Indemnity

15.1. To the maximum extent permitted by law, the City and the Staff are not responsible or liable for any illness, accident, injury, death, loss, damage, cost or expense suffered or incurred by any child in the Crèche, or by any Responsible Person or other person in connection with the use of the Crèche or the Study Hub.

15.2. By enrolling their child, parents or guardians agree to indemnify and release the City and Staff from all claims or demands resulting from their child’s attendance at the Crèche.

15.3. Each User and Responsible Person indemnifies and holds harmless the Owner and the Staff from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by the Owner or the Staff arising out of or in connection with:
(a) the attendance of the child at the Crèche;
(b) the acts or omissions of the User, the Responsible Person, or the child while on the Facility premises; and
(c) any breach of these terms and conditions by the User or the Responsible Person,
except to the extent that such loss, damage, cost or expense is caused by the negligence of the City or Staff.

16. Inability to Contact Responsible Person

16.1. If, in the reasonable opinion of the Staff, a Responsible Person cannot be located or contacted within a reasonable time by reasonable means while a child under their care and control is in the Crèche, the Staff may, in the interests of that child’s safety and welfare, contact the Western Australian Police or another relevant Authority.

16.2. The City and the Staff will not be responsible or liable for any loss, damage, cost or expense suffered or incurred by the User, the Responsible Person, the child, or any other person arising from or in connection with any action taken by the Staff under this clause, except to the extent caused by the negligence of the City or the Staff.

17. Acknowledgement and Agreement

17.1. Each User and Responsible Person acknowledges and agrees that:
(a) the Crèche is provided as a convenience for Users of the Study Hub and is not a licensed childcare or child-minding service under applicable Western Australian legislation;
(b) the City and the Staff do not undertake, and are not responsible for, providing professional childcare or supervision beyond what is reasonably necessary to operate the Crèche safely;
(c) the Responsible Person remains at all times responsible for the custody, care and control of their child while that child is in the Crèche or otherwise on the Study Hub premises; and
(d) by signing the Crèche enrolment form and/or using the Crèche, parents and guardians confirm they have read and understood these terms and conditions, accept all risks associated with use, and agree to indemnify and release the City from any and all liability to the fullest extent permitted by law.

18. Priority of Crèche Terms

18.1. To the extent of any inconsistency between any of the provisions of the Crèche Terms or between the Crèche Terms and the Armadale University Study Hub Terms and Conditions, the provisions relating to limitation of liability, indemnity, personal responsibility, release, and Crèche liability and responsibility in the Crèche Terms will prevail.