Preliminary
- By entering the "Carpooling Innovation Challenge" (the "Competition"), you are agreeing to the following terms and conditions.
- Information on how to enter forms part of the terms of entry.
- The Competition is an opportunity for individuals, groups, organisations, companies and businesses to develop a intuitive, user-friendly carpooling app designed to boost the use of carpooling.
- The solution needs to fit government legislative and policy requirements and also deliver a customer-centric design and service experience.
- Entrants will have access to Transport for NSW (TfNSW) various APIs and datasets available on the Open Data hub and Developer Portal to assist with their product solution.
The following Terms and Conditions apply to the Competition.
These terms apply
1.1 By applying through the Open Data Hub and Developer portal ("Registration of Interest"), you agree to these Terms and Conditions.
1.2 If submitting a Group Registration, you warrant that you have obtained consent from each group member and that each group member agrees to these Terms and Conditions.
1.3 Applications must comply with these Terms and Conditions to be valid and accepted.Registration of Interest Period and selection stages
2.1 The Registration of Interest starts 26th June 2017 and closes on 10th July 2017 ("Registration of Interest Period").
Late Submissions to the Registration of Interest
3.1 Any Registration of Interest not received by TfNSW via either the Open Data Hub and Developer portal during the Registration of Interest Period will not be considered.
Receipt of Registrations of Interest
4.1 Registrations of Interest are deemed to be received at the time they are received by the Open Data Hub and Developer portal and not at the time of submission by the Registrant. TfNSW does not accept responsibility and is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Registrations of Interest, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure or otherwise. TfNSW has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. TfNSW is not liable for any consequences of user error including (without limitation) costs incurred.
Eligibility to submit a Registration of Interest
5.1 For the purpose of these Terms and Conditions, a reference to a Registrant means an individual or group of individuals who have submitted a Registration of Interest in accordance with clause 6 of these Terms and Conditions.
5.2 Registrations of Interest are open to:
a) individuals; and
b) groups of individuals and organisations (each a Group Registrations)
5.3 Individual Registrants or any member of a Group Registration under the age of 18 must submit written consent from a parent or guardian with their Registration of InterestHow to Submit a Registration of Interest
6.1 Registrants must complete and submit the application form available on the Open Data hub.
6.2 To register, Registrants are required to:
a) Submit complete and accurate contact details, including:
i. Team name (if Group Registrations);
ii. ABN (if applicable);
iii. Individual Registrant's full name;
iv. Registrant's contact e-mail address, contact phone number, organisation or university (if applicable); and
v. If Group Registration, nominated primary contact and details as outlined in paragraph (a)(iii)(iv)
b) Provide a brief summary of product idea (Idea);
c) Answer all questions set out on the application form.
6.3. Registrations of Interest that do not comply with these Terms and Conditions are invalid and will not be accepted.
6.4. Registrants may submit multiple Registrations of Interest. A separate Registration of Interest must be submitted for each Idea.Selection of successful Registrants
7.1. An evaluation panel will be appointed by TfNSW (Evaluation Panel) to assess all Registrations of Interest.
7.2. The Evaluation Panel will assess all Registrations of Interest against the evaluation criteria determined by TfNSW in its sole discretion.
7.3. The Evaluation Panel will score and rank all valid Registrations of Interest and recommend a certain number of Registrants (Approved Applicants) for approval to be granted access.
7.4. TfNSW's decision to accept any Approved Applicants is final and no correspondence will be entered into. TfNSW will not disclose any details regarding the Evaluation Panel's assessment of Registrations of Interest except where required to do so by law.Award
8.1 Approved Applicants will be given access to the APIs to develop their product. TfNSW's Subject Matter Experts (SMEs) will be made available during development to provide advice and support. Products will then be tested and assessed for endorsement before being released to the market. Please note when entering the challenge that Approved Applicants must be able to produce a market-ready product by September 2017.
Endorsement
9.1. Approved Applicants in the challenge will have the opportunity to be endorsed by TfNSW. TfNSW endorses products that are of high quality, innovative and solve customer problems. Endorsed products are required to meet Endorsement Criteria, including factors such as:
- Customer Experience
- Market Feasibility
- Innovation
- Evidence-based
- Commercial sustainability
- Technical Feasibility
9.2. Endorsed products will receive support from TfNSW, including inclusion in media activities such as press releases, social media campaigns and the Open Data and Developer Portal. Approved Applicant's products will be tested before being endorsed and launched to the market.No compensation or reimbursement
10.1 All costs associated with the Registration of Interest and attendance to any activity of the Competition are costs borne by a Registrant (including, without limitation, any data or internet costs incurred in accessing the application form, developing the Idea before, during or after the Registration of Interest Period or travel to or from any activity).
No Relationship or Obligation
11.1 Registrants acknowledge that acceptance of any Endorsement by TfNSW, creates no relationship with TfNSW is under no obligation to engage in negotiations or enter into a commercial relationship with the Registrant.
Misconduct of Approved Applicant
12.1 TfNSW reserves the right to disqualify and reject any application and terminate any access granted to any Registrant or Approved Applicant that it considers to have engaged in misconduct or sought to benefit by using the intellectual property of other Registrants or otherwise.
Provision of misleading information upon submission of a Registration of Interest
13.1 Registrants who are deemed by TfNSW to have provided incorrect, misleading or fraudulent information may, at the discretion of TfNSW, be deemed invalid.
Intellectual property rights
14.1. Unless otherwise provided by law, Registrants own any intellectual property rights in the submission of presentations and Registrations of Interest.
14.2. Registrants grant TfNSW a perpetual, irrevocable, world-wide, royalty and payment free, transferable, sub-licensable right to exercise all of the intellectual property rights in the contributions for the purpose of assessing Registrations of Interest and Ideas.
14.3. Registrants warrant that they have the right to grant the licences described above. If you are not in a position to grant the licences set out above, please do not make any contribution to the Registration of Interest.
14.4. All Registrants warrant that their Registration of Interest is their own original work and does not infringe the Intellectual Property Rights of any other person.
14.5. Without limiting or otherwise restricting clause 9.1, Registrants hereby indemnify TfNSW against any third party liabilities, claims, costs, expenses (including legal costs), loss or damage incurred by TfNSW as a result of publishing any material submitted by Registrants as part of their Registration of Interest.Non-Disclosure
15.1 The successful Registrants, their partners, employees or agents shall not, without prior written approval of TfNSW, disclose information or release material of a confidential nature provided to the successful Registrants by TfNSW in connection with the provision of the data, to any person other than TfNSW.
Marketing
16.1 By submitting a Registration of Interest, Registrants selected as Approved Applicants, agree to TfNSW use of their name, likeness, image, photograph and all documentation or presentations given to TfNSW or the Evaluation Panel for publicity and promotional purposes for an unlimited period of time, without further notification or compensation. Registrants acknowledge and agree that TfNSW will own the copyright in any video presentation, images and photographs of them and in all material incorporating the video, image or photograph.
Limitation of liability
17.1. Except for any liability that cannot be excluded by law, TfNSW (including its officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including but not limited to indirect or consequential loss) or for any death, illness, personal injury or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, this Registration of Interest or Award.
17.2. To the extent permitted by law, all Registrants agree to release, fully indemnify and keep fully indemnified, TfNSW (including its officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, this Registration of Interest or accepting or using the Award including (but not limited to) death, illness or personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission or otherwise.
17.3. The Approved Applicant may be required to sign and return to TfNSW a legal release and indemnity in a form determined by TfNSW as a condition of receiving the Award. Failure by the successful Registrants to return the signed releases and indemnities may result in the entitlement to the Award being forfeited.Personal information
18.1 The details contained in Registrations of Interest are protected by security safeguards compliant with the Privacy and Personal Information Protection Act 1998 (NSW). TfNSW collect Registrants' personal information in order to conduct the Registration of Interest. If the information requested is not provided, a Registrant may not register. By submitting a Registration of Interest, unless otherwise advised, Registrants also agree that TfNSW and its contractors may use this information, in any media for future promotional, marketing and publicity purposes, including but not limited to sending the Registrant electronic messages or telephoning the Registrant, without any further reference, payment or other compensation to the Registrant. A request to access, update or correct any information should be directed to TfNSW. All information relating to Registrants provided to TfNSW will be held in accordance with TfNSW's Privacy Policy which is available at http://www.transport.nsw.gov.au/online-privacy
Miscellaneous
19.1. Registrants are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.
19.2. All times listed in these Terms and Conditions are Australian Eastern Standard Time (AEST).
19.3. TfNSW reserves the right to amend these Terms and Conditions at any time during the Registration of Interest Period.
19.4. These Terms and Conditions will be construed according to the laws of New South Wales and Registrants submit to the exclusive jurisdiction of the courts of that State.
19.5. "Including" is not a word of limitation.
19.6. Failure by TfNSW to enforce any of its rights at any stage does not constitute a waiver of those rights.
19.7. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
19.8. A word importing the singular includes the plural (and vice versa).
19.9. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
Nothing in these Terms and Conditions is to be interpreted against TfNSW solely on the ground that TfNSW put forward these Terms and Conditions or any part of them.