The terms and conditions for Future Transport initiatives, ideas, challenges and programs.
1. These terms apply
1.1 By applying through the Future Transport idea pitchfest website (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.
2. Registration of Interest Period and selection stages
2.1 The Registration of Interest starts at 5pm 19 May and closes at a date to be determined (Registration of Interest Period).
3. Late Submissions to the Registration of Interest
3.1 Any Registration of Interest not received by Transport for NSW on its website during the Registration of Interest Period will not be considered.
4. Receipt of Registrations of Interest
4.1 Registrations of Interest are deemed to be received at the time they are received by the Registration of Interest website portal and not at the time of submission by the Registrant. Transport for NSW 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. Transport for NSW has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. Transport for NSW is not liable for any consequences of user error including (without limitation) costs incurred.
5. Who can submit a Registration of Interest
5.1 Registrations of Interest are open to:
(a) individuals; and
(b) groups of individuals and organisations (each a Group Registrations), who are:
(c) aged 18 or over. (Registrants).
6. How to Submit Registration of Interest
6.1 Registrants must complete and submit the application form available on the portal.
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, role, organisation or university (if applicable), professional resume link (if applicable); and
(v) If Group Registration, nominated primary contact and details as outlined in paragraph (a)(iv)
(b) provide a brief summary of product idea (Idea); and
(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.
7. Selection of successful Registrants
7.1 An evaluation panel will be appointed by Transport for NSW (Evaluation Panel) to assess all Registrations of Interest. The Evaluation Panel will be comprised of:
(a) persons with specialist knowledge and expertise in the transport or technology sectors; and
(b) representatives from Transport for NSW and industry experts.
7.2 The Evaluation Panel will assess all Registrations of Interest against the evaluation criteria determined by Transport for NSW 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 (Shortlisted Registrants) to Transport for NSW.
7.4 Shortlisting of Registrations of Interest will be undertaken periodically.
7.5 Transport for NSW may accept some or all of the Shortlisted Registrants at its sole discretion. Transport for NSW reserves the right to request the Evaluation Panel to provide additional Shortlisted Registrants.
7.6 Transport for NSW’s decision to accept any Shortlisted Registrant is final and no correspondence will be entered into. Transport for NSW will not disclose any details regarding the Evaluation Panel’s assessment of Registrations of Interest except where required to do so by law.
8. Shortlisted Registrants to Attend Pitchfest
8.1 Shortlisted Registrants accepted by Transport for NSW (Successful Registrants) will be invited to present their ideas to a Panel (Award).
8.2 The Successful Registrant(s) will be contracted by email and will receive an invitation to present their ideas to a panel of Transport for NSW subject matter experts.
8.3 Transport for NSW reserves the right to refuse or limit invitations.
8.4 Successful Registrants presentations are not to be for any commercial benefit. Presentations may lead to further discussion through our respective governance and procurement procedures.
8.5 Information may be used to assist in the development or further exploration of such technologies or ideas when developing future transport strategies.
8.6 Transport for NSW reserves the right to enter into commercial negotiations with any Registrant(s) for the purpose of acquiring a licence to use the Registrant’s material on a commercial basis subject to such terms and conditions as the parties agree.
9. No compensation or reimbursement
9.1 All costs associated with the Registration of Interest and attendance at the Award 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 the Award).
10. No Relationship or Obligation
10.1 Registrants acknowledge that acceptance of the Award creates no relationship with Transport for NSW and Transport for NSW is under no obligation to engage in negotiations or enter into a commercial relationship with the Registrant.
11. Tampering and cheating
11.1 Registrants acknowledge and agree that they are solely responsible for the content of their Registration of Interest and must ensure that they comply at all times with these terms and conditions.
11.2 If Transport for NSW forms the view in its sole discretion that a Registration of Interest or the registration process for any Registrant has been tampered with or otherwise does not comply with these terms and conditions, Transport for NSW reserves the right to disqualify that Registration of Interest. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Registration of Interest portal or the information on the website portal, or to otherwise undermine the legitimate operation of this Registration of Interest may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, Transport for NSW reserves the right to seek damages to the fullest extent permitted by law. If Transport for NSW suffers loss or incurs any costs in connection with any breach of these terms and conditions or any other legal obligation by a Registrant, the Registrant agrees to indemnify Transport for NSW for those losses, damages and costs.
11.3 Transport for NSW reserves the right to disqualify any Registrant that it considers cheated 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 (including where the Registrant has sought to enter as part of a team or organisation) who are deemed by Transport for NSW to have provided incorrect, misleading or fraudulent information may, at the discretion of Transport for NSW, be deemed invalid.
13. Intellectual property rights
13.1 Unless otherwise provided by law, Registrants own any intellectual property rights in presentations and Registrations of Interest.
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 your contributions for the purpose of assessing Registrations of Interest and Ideas.
13.3 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.
13.4 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.
13.5 Without limiting or otherwise restricting clause 9.1, Registrants hereby indemnify Transport for NSW against any third party liabilities, claims, costs, expenses (including legal costs), loss or damage incurred by Transport for NSW as a result of publishing any material submitted by Registrants as part of their Registration of Interest.
14.1 The successful Registrants, their partners, employees or agents shall not, without prior written approval of Transport for NSW, disclose information or release material of a confidential nature provided to the successful Registrants by Transport for NSW in connection with the provision of the data, to any person other than Transport for NSW.
15.1 By submitting a Registration of Interest, Registrants selected as Successful Registrants, agree to Transport for NSW’s use of their name, likeness, image and photograph for publicity and promotional purposes for an unlimited period of time, without further notification or compensation. Registrants acknowledge and agree that Transport for NSW will own the copyright in any video, 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, Transport for NSW (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.
16.2 To the extent permitted by law, all Registrants agree to release, fully indemnify and keep fully indemnified, Transport for NSW (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.
16.3 The successful Registrants may be required to sign and return to Transport for NSW a legal release and indemnity in a form determined by Transport for NSW 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 and selection of another successful Registrant.
17. Personal information
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 of are Australian Eastern Daylight Time (AEDT).
18.3 Transport for NSW reserves the right to amend these conditions at any time during the Registration of Interest 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 Transport for NSW 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 are held to be invalid, unenforceable or illegal for any reason, the remaining terms shall nevertheless continue in full force.
18.10 Nothing in these terms and conditions is to be interpreted against Transport for NSW solely on the ground that Transport for NSW put forward these terms and conditions or any part of them.