Preliminary
Transport for NSW is looking to collaborate with providers of bike sharing, ride sharing and other point to point services to provide new mobility options in Transport for NSW’s Trip Planner products.
Customer value proposition
Transport for NSW’s Future Transport 2056 Strategy has predicted that by 2056 NSW will have more than 12 million residents, two-thirds of which will live within 2km of a city centre. Sydney city will become similar in size to London or New York and regional NSW will grow by an estimated 700,000 people. This means our transport networks need to handle 28 million trips a day and double the current number of metropolitan freight loads.
With this predicted population increase Transport for NSW is looking at ways to encourage the use of public transport and active transport (walking and cycling). By providing more multi-modal and active mobility options we can help alleviate congestion for customers by encouraging them to take short journeys within city centres to connect with public transport options. For example, for some people this will mean that not owning a car becomes a viable option as they can use a combination of point to point (ride sharing), bike hire or walking to and from public transport instead.
The following Terms and Conditions apply to the trial:
1. These terms apply
1.1 By applying through the Transport for NSW Open Data website portal (“Application form”), you agree to these Terms and Conditions.
1.2 If submitting a Group Application, 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.
2. Application period
2.1 Applications open on 30 May and close on 10 July (“Application period”).
3. Late Submissions
3.1 Any Application not received by TfNSW via the Transport for NSW Open Data Hub website portal during the Application Period will not be considered.
4. Receipt of Applications
4.1 Applications are deemed to be received at the time they are received by the Transport for NSW Open Data Hub website portal and not at the time of submission by the Applicant. TfNSW does not accept responsibility and is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Applications, claims or correspondence due to error, omission, tampering, deletion, theft, and 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.
5. Eligibility to submit an Application
5.1 For the purpose of these Terms and Conditions, a reference to an Applicant means an individual or group of individuals who have submitted an Application in accordance with clause 6 of these Terms and Conditions.
5.2 Applications are open to:
(a) individuals; and
(b) groups of individuals and organisations
5.3 Individual Applicants or any member of a Group Application under the age of 18 must submit written consent from a parent or guardian with their Application.
5.4 Employees and their immediate families of TfNSW, Roads and Maritime Services, Sydney Trains and NSW Trains are not eligible to apply.
6. How to Submit an Application
6.1 Applicants must complete and submit the Application form available on the Transport for NSW Open Data Hub website portal.
6.2 To apply, Applicants are required to:
(a) Submit complete and accurate contact details, including:
(i) Team name (if Group Application);
(ii) ABN (if applicable);
(iii) Individual Applicant’s full name;
(iv) Applicant’s contact e-mail address, contact phone number, organisation or university (if applicable); and
(v) If Group Application, nominated primary contact and details as outlined in paragraph (a)(iii)(iv)
(b) Provide a brief summary of the product/s;
(c) Answer all questions set out on the Application form.
6.3 Applications that do not comply with these Terms and Conditions are invalid and will not be accepted.
6.4 Applicants may submit multiple Applications. A separate Application form must be submitted for each product.
7. Selection of successful Applicants
7.1 An evaluation panel will be appointed by TfNSW (Evaluation Panel) to assess all Applications.
7.2 The Evaluation Panel will assess all Applications against the evaluation criteria determined by TfNSW in its sole discretion.
7.3 The Evaluation Panel will score and rank all valid Applications and recommend a limited number of Applicants be invited to participate in the trial.
7.4 TfNSW’s decision to accept an Applicant is final and no correspondence will be entered into. TfNSW will not disclose any details regarding the Evaluation Panel’s assessment of applications except where required to do so by law.
8. The Bike and Ride Share operator Trial
8.1 Successful Applicants will be given access to Transport for NSW subject matter experts (SMEs) for advice and support.
8.2 Successful Applicants must be able to commit to providing Transport for NSW with the data required and a market ready API by 14 August.
8.3 Participants in the trial must have satisfactorily demonstrated that they have met the specific Selection Criteria.
8.4 Participants must be able to satisfactorily demonstrate that their product/service complies with relevant industry legal requirements and due diligence has been conducted for their product or service. TfNSW may request the participant to provide relevant information.
8.5 If selected to take part in the trial a formal agreement between you and TfNSW will be put in place. It is expected that the trial will run for six months, with the expectation that the service you provide can maintain the customer inquiries and operational service for this period. At the end of the six months, it will be determined if the TfNSW Program continues and in what form.
8.6 During and after the trial new operators may also be invited to join. Transport for NSW does not guarantee any exclusivity of the trial.
8.7 At the conclusion of the trial TfNSW may seek to reach a commercial agreement with Applicants, such as a fee payable by operators who wish to participate or continue to participate.
8.8 Participants in the trial agree to also provide an API to meet the needs of the TfNSW MaaS Data and API requirements.
9. No compensation or reimbursement
9.1 All costs associated with the Application and attendance at the Information session are borne by the Applicant (including, without limitation, any data or Internet costs incurred in accessing the Application form, developing the product before, during or after the Application Period or travel to or from any activity).
10. No Relationship or Obligation
10.1 Applicants acknowledge that any publication by TfNSW, creates no relationship with TfNSW and TfNSW is under no obligation to engage in negotiations or enter into a commercial relationship with the Applicant during or at the conclusion of the trial.
11. Misconduct of Applicant
11.1 TfNSW reserves the right to disqualify and reject any Application and terminate any access granted to any Applicant that it considers to have engaged in misconduct or sought to benefit by using the intellectual property of other Applicants or otherwise.
12. Provision of misleading information upon submission of an Application
12.1 Applicants who are deemed by TfNSW to have provided incorrect, misleading or fraudulent information may, at the discretion of TfNSW, have their Application deemed invalid.
13. Intellectual property rights
13.1 Unless otherwise provided by law, Applicants own any intellectual property rights in the submission of presentations and Applications.
13.2 Applicants 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 Applications and products.
13.3 Applicants warrant that they have the right to grant the licenses described above. If you are not in a position to grant the licenses set out above, please do not make any contribution to the Application.
13.4 All Applicants warrant that their Application is their own original work and does not infringe the Intellectual Property Rights of any other person.
13.5 Without limiting or otherwise restricting clause 9.1, Applicants 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 Applicants as part of their Application.
13.6 Applicants invited to participate in the trial may be required to enter into a licence agreement with TfNSW for the granting of limited intellectual property rights for the exclusive purposes of undertaking the trial.
14. Non-Disclosure
14.1 The successful Applicants, 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 Applicants by TfNSW in connection with the provision of the data, to any person other than TfNSW.
15. Marketing
15.1 By submitting an Application, successful Applicants agree to TfNSW’s 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. Applicants 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.
16. Limitation of liability
16.1 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 Application.
16.2 To the extent permitted by law, all Applicants 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 Application or accepting or participating in the trial 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.
16.3 The successful 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 participating in the trial. Failure by the successful Applicants to return the signed releases and indemnities may result in the entitlement to participate in the Trial being forfeited.
17. Personal information
17.1 The details contained in the Application are protected by security safeguards compliant with the Privacy and Personal Information Protection Act 1988 (NSW). TfNSW collects Applicant’s personal information in order to conduct the Application process. If the information requested is not provided, an Applicant may not apply. By submitting an Application, unless otherwise advised, Applicants 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 Applicant electronic messages or telephoning the Applicant, without any further reference, payment or other compensation to the Applicant. A request to access, update or correct any information should be directed to TfNSW. All information relating to Applicants provided to TfNSW will be held in accordance with TfNSW’s Privacy Policy which is available at www.transport.nsw.gov.au/content/user-privacy-policy.
18. Miscellaneous
18.1 Applicants are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.
18.2 All times listed in these Terms and Conditions of are Australian Eastern Daylight Time (AEDT).
18.3 TfNSW reserves the right to amend these Terms and Conditions at any time during the Application Period.
18.4 These Terms and Conditions will be construed according to the laws of New South Wales and Applicants submit to the exclusive jurisdiction of the courts of that State.
18.5 “Including” is not a word of limitation.
18.6 Failure by TfNSW to enforce any of its rights at any stage does not constitute a waiver of those rights.
18.7 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.
18.8 A word importing the singular includes the plural (and vice versa).
18.9 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.
18.10 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.