Preliminary

Transport for NSW (TfNSW) launched the Open Data Hub in April 2016 as a central location for transport related data published by TfNSW as well as other transport agencies and related entities.

The Open Data Hub is consistent with the broad view of the NSW Government that public information should be accessible, used, modified and shared by anyone for any purpose without restrictions. Open data should be both technically and legally open: technically open in that it is available and accessible to the community, and legally open in so far as there are appropriate licensing frameworks in place to facilitate its release, use and reuse by the community.

Since its launch, the Open Data Hub has continued to grow and now hosts more than 140 separate data sets and over 300 resources, such as APIs, files and other documents. 

While the Open Data Hub is a rich source of transport related data, the nature of the datasets and resources means that data may be disparate and may not be complete or could be in multiple places and hard to find.

The purpose of the Make Data Great Innovation Challenge is to find solutions or products which will assist TfNSW realise its vision of enabling consumers to easily find, understand, view and use data on the Open Data Hub.

Challenge Statement:

How might you provide tools, technology or views of data to improve the data customer’s experience when using the Open Data Hub?
 

MAKE DATA GREAT INNOVATION TERMS AND CONDITIONS

1. These terms apply

1.1 By applying through the Transport for NSW Open Data website portal (“Challenge Entry”), 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.

2. Challenge Entry Period and selection stages

2.1 The Challenge entry period commences on 18 November 2020 and closes at 11:59pm on 7 December 2020 (“Challenge Entry Period”).

3. Late Submissions to the Challenge Entry

3.1 Any Challenge Entry not received by TfNSW via the Transport for NSW Open Data website portal during the Challenge Entry Period will not be considered.

4. Receipt of Challenge Entry

4.1 Challenge Entries are deemed to be received at the time they are received by the Transport for NSW Open Data 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 Challenge Entry, 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.

5. Eligibility to submit a Challenge Entry

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 a Challenge Entry in accordance with clause 6 of these Terms and Conditions.  

5.2 Challenge Entry are open to:

1. individuals; and
2. groups of individuals and organisations (each a Group Registrations);

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 Challenge Entry.

6. How to Submit Challenge Entry

6.1 Applicants must complete and submit the application form available on the Transport for NSW Open Data Hub.

6.2 To register, Applicants are required to:

1. Submit complete and accurate contact details, including:
2. Team name (if Group Registrations);
3. ABN (if applicable);
4. Individual Applicant’s full name;
5. Applicant’s  contact e-mail address, contact phone number, organisation or university (if applicable); and
6. If Group Applications, nominated primary contact and details as outlined in paragraph (a)(iii)(iv)
7. Provide a brief summary of product idea which responds to the Challenge Statement (“Proposed Solution”);
8. Estimated cost to deliver (Seed funding) the Proposed Solution;
9. Answer all questions set out on the application form.

6.3 Challenge Entries that do not comply with these Terms and Conditions are invalid and will not be accepted.

6.4 Applicants may submit multiple Challenge Entries. A separate Challenge Entry must be submitted for each Idea.

7. Invitation to Attend Pitch Session

7.1 An evaluation panel will be appointed by TfNSW (Evaluation Panel) to assess all Challenge Entries.

7.2 The Evaluation Panel will assess all Challenge Entries against the evaluation criteria determined by TfNSW in its sole discretion, having regard to the Challenge Statement.

7.3 The Evaluation Panel will score and rank all valid Challenge Entries and recommend a certain number of Applicants be invited to the virtual Pitch Session where invited Applicants will present their Proposed Solution and its potential features and benefits to the Evaluation Panel.

7.4 TfNSW’s decision to invite, or not to invite Applicants to the Pitch Session is final and no correspondence will be entered into. TfNSW will not disclose any details regarding the Evaluation Panel’s assessment of Challenge Entries except where required to do so by law.

7.5 Invited Attendees (or at least one member of a Group Registration) must be available on Wednesday 16 December to attend the virtual Pitch Session and present their solution to the Evaluation Panel. Details of the time and location of the Pitch Session will be confirmed by TfNSW when notifying invited attendees.

7.6 The Pitch Session will be a virtual event, held by audio/visual link. TfNSW will provide details to Invited Attendees including a link to attend at the selected time.

8. Data Champions

8.1 TfNSW will select those Applicants deemed to have proposed the best solutions to the Challenge Statement (“Data Champions”). The section of, and number of Data Champions is at the sole discretion of TfNSW.  

8.2 TfNSW will offer the opportunity for Data Champions to enter into a commercial agreement with TfNSW for the delivery of the proposed solution.

8.3 The total value of all agreements entered into will not exceed $90,000.

8.3 Under the terms of the proposed agreements with Data Champions:

• TfNSW will provide payment of up to $30,000 to each Data Champion for the delivery of the Proposed Solution. The total value of the funding will be determined by TfNSW and is not guaranteed to match the level of funding proposed by the Applicants;
• Payment will be aligned to delivery milestones to be agreed between the parties;
• Data Champions will retain all Intellectual Property Rights in the developed solution. Data Champions will grant a perpetual, royalty free and irrevocable licence to TfNSW to use the developed solution in connection with the Open Data Hub. 

9. No compensation or reimbursement

9.1 All costs associated with the Challenge Entry and attendance to any activity of the Making Data Great Innovation Challenge, including attendance at the Pitch Session are costs borne by each Applicant (including, without limitation, any data or internet costs incurred in accessing the application form or attending the Pitch Session, developing the Idea before, during or after the Challenge Entry Period). TfNSW is not liable or responsible for any costs incurred by the Applicants at any stage of the Challenge.

10. No Relationship or Obligation

10.1 Applicants acknowledge that the invitation to participate in the Make Data Great Innovation Challenge or to attend the virtual Pitch Session creates no relationship with TfNSW and TfNSW is under no obligation to engage in negotiations or enter into a commercial relationship with any Applicant.

11. Misconduct of Approved 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 a Challenge Entry

12.1 Applicants who are deemed by TfNSW to have provided incorrect, misleading or fraudulent information may, at the discretion of TfNSW, be deemed invalid.

13. Intellectual property rights

13.1 Unless otherwise provided by law, Applicants own all intellectual property rights in the submission of Challenge Entries, including Pitch Session presentations.

13.2 Applicants grant TfNSW a limited, irrevocable, royalty and payment free, and transferable right to exercise all of the intellectual property rights in the contributions for the sole purpose of assessing Challenge Entries.

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 Challenge Entry.

13.4 All Applicants warrant that their Challenge Entry is their own original work and does not infringe the Intellectual Property Rights of any other person.

13.5 Without limiting or otherwise restricting any other clause in these terms and conditions, 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 Challenge Entry.

15. Marketing

15.1 By submitting a Challenge Entry, Applicants invited to attend the virtual Pitch Session 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 Challenge Entry.

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 Challenge Entry 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. Personal information

17.1 The details contained in Challenge Entries are protected by security safeguards compliant with the Privacy and Personal Information Protection Act 1988 (NSW). TfNSW collects the Applicants’ personal information in order to conduct the Challenge Entry. If the information requested is not provided, an Applicant may not enter the challenge. By submitting a Challenge Entry, 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 Challenge Entry 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.

18.11 Data Champions are responsible for obtaining independent legal advice before entering into any commercial agreement with TfNSW for the delivery of the solution.