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Preliminary

Transport for NSW (TfNSW) is trialling new transport technology solutions that will improve the customer experience in NSW. A key focus area is Mobility as a Service (MaaS) and through a partnership with Waverley Council will be trialling a MaaS customer solution in the Waverley area.

Customer Value Proposition

Safe, affordable, convenient alternatives to private car ownership including the integration of multimodal trips and both public transport and shared mobility options.

Help transport users in Waverley make better decisions by giving them access to relevant real-time trip planning information. Enable them to plan, book and pay for a variety of transport options from a single app or website.

Waverley Council will be supporting the integration of transport modes with new designated pick-up/drop-off (PUDO) zones and interchanges where customers can easily transfer between transport modes. They will also be providing data about the zones and comprehensive kerbside and parking data via the TfNSW Open Data Hub.

The following Terms and Conditions apply to the Waverley Council MaaS Innovation Challenge

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 Challenge entry starts on Thursday 6 February 2020 and closes on Wednesday 19 February 2020 at 11:59 pm (“Challenge Entry Period”).

3. Late Submissions to the Challenge Entry Period

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 Registrant. TfNSW does not accept responsibility and is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected Challenge Entries, 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 a Registrant 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 Entries are open to:
5.2.1 individuals; and
5.2.2 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 Interest.
5.4 Employees and their immediate families of TfNSW or Roads and Maritime Services are not eligible to enter the competition.

6. How to Submit a Challenge Entry

6.1 Registrants must complete and submit the application form available on the Transport for NSW Open Data website portal.
6.2 To register, Registrants are required to:
  6.2.1 Submit complete and accurate contact details, including:
    6.2.1.1 Team name (if Group Registrations);
    6.2.1.2 ABN (if applicable);
    6.2.1.3 Individual Registrant’s full name;
    6.2.1.4 Registrant’s contact e-mail address, contact phone number, organisation or university (if applicable); and
    6.2.1.5 If Group Registration, nominated primary contact and details as outlined in paragraph (6.2.1)(6.2.1.3)(6.2.1.4)
  6.2.2 Provide a brief summary of product idea (Idea);
  6.2.3 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 Registrants may submit multiple Challenge Entries. A separate Challenge Entry must be submitted for each Idea.

7. Selection of successful Registrants

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.
7.3 The Evaluation Panel will score and rank all valid Challenge Entries and recommend a certain number of Registrants (Approved Applicants) for approval to be invited to pitch or be considered to becoming an Approved Applicant.
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 Challenge Entries except where required to do so.

8. Award

8.1 Approved Applicants will be given access to data to develop their product. TfNSW 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 that incorporates the data by June 2020. 

Endorsement
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
  - Commercial sustainability
  - Technical Feasibility
Endorsed products will receive support from TfNSW, as well as inclusion in media activities such as press releases, social media campaigns and Transportnsw.info and Open Data Hub and Developer Portal websites.
Approved Applicant’s products will be tested before being endorsed and launched to the market.

9. No compensation or reimbursement

9.1 All costs associated with the Challenge Entries and attendance to any activity of the Waverley Transport Innovation Challenge  are costs borne by a Registrant (including, without limitation, any data or internet costs incurred in accessing the application form, developing the Concept before, during or after the Challenge Entry Period or travel to or from any activity).

10. No Relationship or Obligation

10.1 Registrants acknowledge that acceptance of the Award, or any Endorsement 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 Registrant.

11. Misconduct of Approved Applicant

11.1 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.

12. Provision of misleading information upon submission of a Registration of Interest

12.1 Registrants 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, Registrants own any intellectual property rights in the submission of presentations and Challenge Entries.
13.2 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 Challenge Entries and Concepts.
13.3 Registrants 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 Registrants 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 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 Challenge Entry.

14. Non-Disclosure

14.1 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.

15. Marketing

15.1 By submitting a Challenge Entry, Registrants selected as Approved 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. 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.

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 or Award.
16.2 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 Challenge Entry 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.
16.3 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.

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 collect Registrants’ personal information in order to conduct the Challenge Entry. If the information requested is not provided, a Registrant may not register. By submitting a Challenge Entry, 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 www.transport.nsw.gov.au/content/user-privacy-policy.

18. Miscellaneous

18.1 Registrants 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 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 Registrants 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.