Arrival – Terms of use

The State of Victoria (as represented by the Department of Education) (‘Department’, ‘Us’ or ‘We’) owns and operates the Arrival system. Access to and use of the Arrival system by You is subject to the following terms, conditions, and notices (‘Terms of Use’).

By using the Arrival system, You are agreeing to all of these Terms of Use, as amended or replaced by Us from time to time.

These Terms of Use are governed by the laws of Victoria. We and You submit to the non- exclusive jurisdiction of the Courts exercising jurisdiction in connection with these Terms of Use.

1. Definitions

In these Terms of Use unless expressed or implied to the contrary:

API means the functions, processes or applications, computer software and/or code, software libraries, software tools and sample source code that allows external systems to communicate with relevant components of the Arrival System, and made available by the Department from time to time for that purpose, as updated or otherwise modified by the Department from time to time (in its sole discretion).

Arrival system means the system known as “Arrival” established and maintained by the Department for the purposes of capturing, recording, processing and reporting on data relating to the enrolment and records of daily attendance by children at the services operated by kindergarten providers (‘Attendance Data’).

Arrival Administrator means an Arrival Administrator, Service Provider Administrator or Service Administrator who is appropriately authorised to nominate and manage an Arrival User.

Arrival User means a person who is appropriately authorised to use and access the Arrival system, including a user from a service provider, service or the Department.

Confidential Information means information contained in the Arrival system that is by its nature confidential (including Personal Information and Health Information), is designated by the Department, a service provider or service, as confidential, or an Arrival User knows or ought reasonably to know is confidential and includes the API and the Attendance Data. Confidential Information does not include information or material which:

1. is or becomes generally known to the public other than through a breach of these Terms of Use;
2. at the time it was first disclosed to the Department, a service provider or service, was already in the lawful possession of the Department, a service provider or a service;
3. is developed independently by an Arrival User; or
4. is disclosed to the Arrival User by a third party entitled to disclose it.

CWS Act means the Child Wellbeing and Safety Act 2005 (Vic).

Data means any data or information (including Confidential Information, Personal Information and Health Information) that is contained in the Arrival system.

Guidelines means the Guidance developed for Arrival Users and available via the Arrival Help.

HR Act means the Health Records Act 2001 (Vic).

Health Information has the same meaning as in part 1 of the HR Act.

Malicious Code means any computer software, data or configuration commonly known as a "back door", "time bomb", "logic bomb", "Trojan Horse", "worm", "drop dead device", "virus" or "exploit", or any other computer software, data or configuration intended or designed to:

1. permit access to or use of the computer hardware, software or other systems or associated data of the Department (including the Arrival system) other than as expressly authorised by the Department; or
2. disable, damage, corrupt or erase, or disrupt or impair the normal operation of, computer hardware, software or other systems or associated data of the Department (including the Arrival system).

PDP Act means the Privacy and Data Protection Act 2014 (Vic).

Personal Information has the same meaning as in section 3 of the PDP Act.

Reportable Conduct Scheme has the same meaning as in section 3 of the CWS Act.

2. Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. By acceptance of these Terms of Use, You are also deemed to have accepted any amendment or replacement of these Terms of Use. Any amendment or replacement of these Terms of Use will be effective immediately.

3. Access, Use and Disclosure of the Arrival system

1. Access to the Arrival system is only permitted on the basis that You satisfy all of the following conditions:
   1. You have been authorised by Us or Your Arrival Administrator to access and use the Arrival system.
   2. You are an Arrival User
   3. You will notify Us as soon as reasonably practicable if:
      1. you are the subject of a reportable allegation under the Reportable Conduct Scheme, which has been investigated and findings have been made against you substantiating the allegation; or
      2. you are charged with, or have been convicted or found guilty of an offence involving the following: physical or sexual harm or threats of physical or sexual harm, violence or threats of violence, dishonesty and neglect in Victoria or an equivalent offence in another jurisdiction; or
      3. you are charged with, or have been convicted or found guilty of an offence under the CWS Act; or
      4. you become aware of any circumstance that could make Your access to the Arrival system inappropriate in the circumstances, for example a conflict of interest;
   4. You will only access and use the Arrival system for an authorised purpose based on your role as specified in the Guidelines;
   5. You will handle all data securely in Arrival, and refrain from print screening, copying and pasting data for use offline, or displaying any data via screen sharing or in public.
   6. You will notify your Arrival Administrator if You no longer meet the access requirements for Arrival, for example if You are leaving your role, organisation or service.
   7. You will not share or disclose Your Arrival login or password with anyone;
   8. You will complete a Multi Factor Authentication process each time you log into the Arrival system.
   9. Your access to the Arrival system may be removed by Us, in our total discretion, if You have not logged in and accessed the Arrival system for a period as defined in the Guidelines.
   10. You will not disclose, copy, disseminate or use any information You have received or accessed from the Arrival system, unless that disclosure is authorised under relevant legislation or required for the purposes of:
       1. an investigation by Us;
       2. a police investigation;
       3. or for other legal, investigative, audit or compliance reasons.
2. We will not be liable if for any reason the Arrival system is unavailable at any time or for any period.

4. Notification Process

If You are required to notify Us in accordance with clause 1 or for any other reason, notification or communication will be made by sending an email to: Arrival.Helpdesk@education.vic.gov.au

5. Privacy

We will handle any Personal or Health Information collected through and for the establishment, maintenance and administration of the Arrival system in accordance with the PDP Act, the HR Act and Our Privacy Policy found at: Department of Education privacy policy.

6. Breach of these Terms of Use

1. You must not misuse the Arrival system. By using this Arrival system You agree that You will not:

   1. commit or encourage a criminal offence;
   2. transmit or distribute any Malicious Code or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
   3. attempt to gain unauthorised access into any aspect of the Arrival system; corrupt Data; or cause annoyance to other users;
   4. infringe upon any other person's proprietary rights;
   5. attempt to affect the performance or functionality of any technical facilities of or accessed through the Arrival system; or
   6. engage in activity that violates the PDP Act or HR Act.

If you breach any of the above, We may report any such breach to the relevant law enforcement authorities and disclose Your identity to them.

2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Arrival system.
3. If You breach these Terms, We may, in Our sole discretion, immediately remove Your access to the Arrival system. When investigating alleged violations of these Terms, We reserve the right to review content and data in order to resolve the issue, and You hereby authorise such review.

7. Intellectual property, software and content

We own all materials created by or on behalf of Us for the Arrival system, including any and all intellectual property rights incorporated or comprised in any such materials, Data, Confidential Information, the Arrival system, working files and other outputs with effect from the time of creation.

8. Software IP

The intellectual property rights in the API, all software and content made available to You on or through accessing the Arrival system remain Our property or the property of Our licensors and are protected by copyright laws and treaties around the world. All intellectual property rights are reserved by Us and Our licensors.

9. Disclaimer of liability

1. We have used Our best endeavours to ensure that the Data and Confidential Information contained on the Arrival system is correct and current at the time of publication, but We take no responsibility for any error, omission or defect therein. To the extent permitted by law, We and Our employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission.
2. To the fullest extent permitted by law, We expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Arrival system irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
3. This disclaimer does not affect Our liability for death or personal injury arising from Our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

10. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Arrival system are in no way associated, linked or affiliated with Us and You should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Arrival system are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Us.

11. Indemnity

You agree to indemnify, defend and hold harmless Us, Our officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees on a full indemnity basis) arising from Your use of the Arrival system or Your breach of the Terms of Use.

12. Variation

We have the right in Our absolute discretion at any time and without notice to amend, remove or vary the contents of the Arrival system to cure any defects or omissions in the information.

13. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly.

You agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

14. Complaints

We operate a complaints handling procedure that will be available in the Guidelines. We will use these to resolve disputes when they first arise. If You have any complaints or comments please contact us by email at: Arrival.Helpdesk@education.vic.gov.au

Created 12 December 2024