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1. Application and acceptance of Terms and Conditions

1.1 The Department of Customer Service (“DCS”), NSW Treasury and Service NSW are delivering the Stay NSW Voucher Scheme. As part of the Stay NSW Voucher Scheme, NSW residents 18 years of age and over can apply to receive one $50 Voucher, which can be used toward the cost of accommodation at a participating accommodation provider.

1.2 A business may apply to be registered to participate in the Stay NSW Voucher Scheme. A Registered Business may provide Accommodation Services to a customer in exchange for a Voucher subject to these Terms and Conditions.

1.3 A Registered Business is automatically registered to participate in the Parents NSW Voucher Scheme. Under the Parents NSW Voucher Scheme, eligible parents, carers or guardians receive five $50 Parents NSW vouchers which can be used at locations that accept Stay NSW Vouchers.

1.4 A Registered Business that accepts a Voucher may receive reimbursement from DCS, NSW Treasury and/or Service NSW for the amount utilised by the customer for Accommodation Services up to the value of the Voucher.

1.5 Payments to reimburse a Registered Business for amounts utilised by customers redeeming Vouchers will be made as act of grace payments under section 5.7(1) of the Government Sector Finance Act 2018 (“GSF Act”). The conditions in clause 8 (Conditions for reimbursement of Vouchers) of these Terms and Conditions are terms and conditions that will be imposed by the Minister or his delegate on the making of the payment under section 5.7(2) of the GSF Act. If any of the conditions in clause 8 (Conditions for reimbursement of Vouchers) are contravened, the payment may be recovered from the recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.

1.6 By applying to register to participate in the Stay NSW Voucher Scheme, a business agrees to be bound by these Terms and Conditions. These Terms and Conditions apply to a Registered Business accepting Parent NSW Vouchers.

2. Definitions and interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires:

Accommodation Services” means provision of a room for an overnight stay in a Registered Business, and does not include other goods or services, for example in-room dining or spa services.

Accommodation Voucher” means a $50 voucher which can be used towards the cost of Accommodation Services at a Registered Business.

ANZSIC Code” means the Australian and New Zealand Standard Industrial Classification for businesses.

DCS” means the Department of Customer Service.

GSF Act” means the Government Sector Finance Act 2018 (NSW).

NSW Treasury” means the Crown in the right of the State of New South Wales acting through NSW Treasury.

"Operating period” means:

(a) for the Stay NSW Voucher Scheme, the period during which the Scheme is operating and during which Stay NSW Vouchers may be redeemed,

(b) for the Parents NSW Voucher Scheme, the period during which the Scheme is operating and during which Parents NSW Vouchers may be redeemed,

as notified on the Service NSW website from time to time.

Parents NSW Vouchers” means the five $50 vouchers under the Parents NSW Scheme.

Parents NSW Voucher Scheme” means the scheme delivered by DCS, Service NSW and NSW Treasury to issue five $50 vouchers to NSW residents who are a parent, guardian or carer of a school-aged and school-enrolled child in 2021.

Public Health Order” means an order made by the Minister for Health under s. 7 of the Public Health Act 2010

Registered Business” means a business that has been registered by Service NSW to participate in the Stay NSW Voucher Scheme (including a Registered Business accepting Parents NSW Vouchers) and whose registration has not been suspended or cancelled.

"Scanner App” means the Service NSW for Business Scanner Application to be used by Registered Businesses to scan Vouchers.

"Service NSW” means the Crown in the right of the State of NSW acting through Service NSW.

Stay NSW Voucher” means a $50 voucher which can be used toward the cost of Accommodation Services at a Registered Businesses.

Stay NSW Voucher Scheme” means the scheme delivered by DCS, Service NSW and NSW Treasury to issue one $50 Voucher, which can be used toward the cost of accommodation at a participating accommodation provider.

Terms and Conditions” means these Terms and Conditions for Business Registration and Reimbursement in the Stay NSW Voucher Scheme. 

Transaction” means a transaction between a customer and a Registered Business in which the customer redeems a Voucher for Accommodation Services provided by the Registered Business. 

Vouchers” means the Stay NSW Vouchers and/or Parents NSW Vouchers, as the case requires.

2.2 Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to “person” includes a natural person, company, body corporate or other form of legal entity, and reference to “including” and “includes” and “for example” is to read as if followed by “without limitation”. 

2.3 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. 

3. Eligibility

3.1    A business can apply to register to participate in the Stay NSW Voucher Scheme via the MyServiceNSW Business Profile within the MyServiceNSW Account. An application may be made by: 

(a)    the owner of the business;

(b)    a person listed as a contact or associate in the Australian Business Register; or

(c)    a person authorised to apply on behalf of the business.

3.2 A business may be eligible to register to participate in the Stay NSW Voucher Scheme if: 

(a) it is a legitimate business operating with a physical location in New South Wales; 

(b) it has a valid bank account; 

(c) it has a current and active ABN;  

(d) it has a current and up-to-date Australian and New Zealand Standard Industrial Classification (“ANZSIC”) code listed on the Australian Business Register and an ANZSIC code of 4400, 4530, 4520, 9559, 6712, 6962, 9201 or 6961; 

(e) its primary business is the direct provision of accommodation services; 

(f) it complies with the current Public Health Order(s) and latest COVID safety guidelines for the business’s industry; and 

(g) a business is participating in the pilot launch of the Stay NSW Voucher Scheme, it must operate with a physical location in the City of Sydney Local Government Area. 

3.3 A business is ineligible to participate in the Stay NSW Voucher Scheme if:

(a) it is an accommodation booking platform, an online accommodation booking platform, or a travel agent;

(b) it hires out accommodation facilities which do not have a fixed address, e.g. caravans, camp trailers, or tent hire companies;

(c) it provides accommodation for animals, e.g. kennels, catteries, pet resorts and other solely non-human accommodation; or

(d) it operates as a quarantine facility in NSW.

3.4 Notwithstanding any other provision in these Terms and Conditions, DCS, NSW Treasury and/or Service NSW may require additional information or clarification from a business applying for registration, or any additional information or clarification about the business from any other public entity or person, before determining whether the eligibility criteria in clause 3.2 have been satisfied and whether to approve the application to register the business. 

3.5 Information provided by a business in its application for registration or otherwise in accordance with these Terms and Conditions must be true and correct. It is a serious offence to provide false or misleading information to a public authority. 

3.6 Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may refuse to register a business for any reason, including if the business does not meet the eligibility criteria in clause 3.2. 

3.7 By applying to register to participate in the Stay NSW Voucher Scheme, a business consents to Service NSW, DCS and/or NSW Treasury disclosing personal information provided by the business to each other for the purposes of administering or reporting on the Stay NSW Voucher Scheme and the Parents NSW Voucher Scheme. 

4. Evidence requirements

4.1 A business applying for registration must:

(a) declare that they meet the eligibility criteria; and

(b) declare that they are continuing to trade in providing accommodation premises for tourists.

4.2 If a business operates through a trust structure, the business is required to provide additional information to demonstrate that it is operating a business eligible for the Stay NSW Voucher Scheme. Only the entity that is operating the business is eligible to register for the Stay NSW Voucher Scheme, not other entities that are receiving passive income from the business.  

4.3 DCS and/or Service NSW may require a business with a registered business address outside New South Wales to provide the following evidence of the location of the accommodation that they operate in New South Wales to meet the eligibility criteria in clause 3.2(a):

(a) recent Council rate notice;

(b) business licence or other registration identifying the location of the accommodation provider’s business; or

(c) recent utility bills.

5. Conditions of registration 

5.1 A Registered Business must: 

(a) Comply with the law at all times, including Public Health Orders and COVID-19 restrictions. 

(b) Ensure all customers’ contact details (name, and telephone number or email address, and the time at which the person entered the premises) are electronically registered by means of a mobile phone or other device at the time the customer enters the Registered Business’s premises (even if the Registered Business is not otherwise required to do so pursuant to public health orders). If the contact details cannot be registered at the time the customer enters the Registered Business’s premises due to unexpected circumstances (e.g. an internet outage), the Registered Business must obtain the customers’ contact details directly and electronically register those contact details within 12 hours of the customer’s entry to the premises. 

(c) During the Operating Period, accept all valid and unexpired Vouchers presented by customers for redemption on any day of the week, including public holidays, during the Registered Business’s operating hours. 

(d) Not artificially inflate prices or “price gouge” as a result of accepting Vouchers. 

(e) Notify Service NSW immediately if the Registered Business can no longer meet the eligibility criteria in clause 3.2 or can no longer comply with these Terms and Conditions.  

(f) If it ceases to trade or to participate in the Stay NSW Voucher Scheme: 

(i) notify Service NSW immediately; 

(ii) notify any customers with existing bookings or reservations immediately; and 

(iii) refund any customer who has paid for Accommodation Services using a Voucher but has not yet stayed in the accommodation. 

5.2 A Registered Business may be audited or investigated by DCS and/or Service NSW to determine whether the Registered Business is complying with these Terms and Conditions. A Registered Business must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation. DCS and/or Service NSW may refer matters to NSW Police for further investigation or action.

5.3 Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may cancel or suspend a Registered Business’s registration for any reason, including if the business: 

(a) Ceases to meet the eligibility criteria in clause 3.2, or 

(b) Fails to comply with or satisfy any of these Terms or Conditions. 

6. Processing Transactions 

6.1 Vouchers will be in the form of a QR code and/or a unique alphanumeric voucher code.  

6.2 To redeem a Voucher, a Registered Business may scan the QR code using the Scanner App or enter the alphanumeric voucher code into the Scanner App.  

6.3 A Registered Business must process Transactions using the Scanner App while connected to the internet. The Scanner App will be made available for installation on devices nominated by a Registered Business. A Registered Business can add or remove nominated devices using its Service NSW business profile.   

6.4 A Registered Business may apply for approval from Service NSW for access to an Application Programming Interface (API). Despite clause 6.3, if Service NSW provides access to the API, the Registered Business may allow a customer to submit Vouchers directly on the Registered Business’s website.  

7. Reimbursement 

7.1 Subject to clause 7.3, DCS/Service NSW will reimburse a Registered Business within 5 business days of the Transaction via electronic funds transfer to their nominated bank account. Payments made in accordance with this clause will be made as act of grace payments under section 5.7(1) of the GSF Act.  

7.2 A Registered Business can view its Transaction history and payment status in its Service NSW business account.  

7.3 Notwithstanding clause 7.1 or any other provision in these Terms and Conditions, Service NSW may: 

(a) withhold (subject to Service NSW’s investigations and/or further enquiries) the reimbursement payment for a Transaction if it suspects, on reasonable grounds, that the Registered Business has breached or is likely to breach one or more of the conditions for reimbursement set out in clause 8 (Conditions for reimbursement of Vouchers) of these Terms and Conditions in relation to that Transaction; and/or  

(b) refuse to make a reimbursement payment if satisfied that the Registered Business has breached or is likely to breach one or more of the conditions for reimbursement set out in clause 8 (Conditions for reimbursement of Vouchers) of these Terms and Conditions in relation to that Transaction. 

8. Conditions for reimbursement of Vouchers 

8.1 All payments to a Registered Business by DCS/Service NSW as reimbursement for Accommodation Services provided in exchange for a Voucher are made on the condition that: 

(a) The Registered Business met the eligibility criteria in clause 3.2 at the time of the Transaction. 

(b) The Registered Business has complied and is complying with the conditions outlined in clause 5.1(a), (b), (c), (d), (e) and (f). 

(c) The Transaction took place during the Operating Period and before the expiry date displayed on the relevant Voucher.  

(d) The Registered Business provided Accommodation Services in exchange for the Voucher and the Voucher (or any part of it) was not: 

(i) provided as a gift or “tip” to the Registered Business; or 

(ii) refunded by the Registered Businesses; or  

(iii) exchanged for cash, a gift voucher or a credit note from the Registered Business (except as provided in clause 8.2). 

(e) The Registered Business accepted the Voucher in exchange for Accommodation Services only. 

(f) The Voucher had not already been used at the time of receipt of the Voucher by the Registered Business. 

(g) The customer using the Voucher was eligible to use the Voucher as part of the Stay NSW Voucher Scheme and/or Parents NSW Voucher Scheme. 

(h) The Registered Business used any tools provided by DCS and/or Service NSW (including the Scanner App) to confirm the validity of the Voucher before completing the Transaction. 

(i) The Voucher was processed by the Registered Business, in accordance with clause 6. 

8.2 Despite clause 8.1(d)(iii), if:  

(a) a Registered Business provided Accommodation Services to a customer during the Operating Period and before the expiry date displayed on the Voucher; 

(b) the customer paid for the Accommodation Services but did not use the Voucher to make that payment; and 

(c) the customer subsequently presents the Voucher to the Registered Business, the Registered Business may exchange the Voucher for cash or credit to reimburse the customer for the payment referred to in subclause (b). These Terms and Conditions apply to this exchange as if it were a Transaction.    

8.3 A Registered Business must take all reasonable steps to ensure that the conditions in clauses 8.1 and 8.2 (as applicable) are or have been satisfied at all relevant times.  

8.4 Upon receipt of reimbursement from DCS or Service NSW, a Registered Business declares that: 

(a) To the best of its knowledge, the conditions in clauses 8.1 and 8.2 (as applicable) are or have been satisfied, and  

(b) It took all reasonable steps to ensure the conditions in clauses 8.1 and 8.2 (as applicable) are or have been satisfied.  

8.5 The conditions in this clause are terms and conditions imposed by the Minister or his delegate on the making of the payment under section 5.7(2) of the GSF Act.  

9. Recovery of reimbursement payments 

9.1 If a Registered Business has received a payment in accordance with clause 7.1 and DCS and/or Service NSW is satisfied that any of the conditions in clause 8 (which apply to the Voucher in relation to which a payment was made) were or have been contravened, the payment may be recovered from the business by the Crown in a court of competent jurisdiction as a debt due to the Crown, pursuant to section 5.7(3) of the GSF Act.  

10. Suspension or termination of the Stay NSW Voucher Scheme or the Parents NSW Voucher Scheme

10.1 Notwithstanding any other provision in these Terms and Conditions, DCS, NSW Treasury and/or Service NSW may, in their absolute discretion, suspend or terminate the entirety or any part of the Stay NSW Voucher Scheme or the Parents NSW Voucher Scheme at any time and for any reason, including suspending or terminating the validity of individual Vouchers. 

10.2 Any action taken to suspend or terminate the Stay NSW Voucher Scheme or the Parents NSW Voucher Scheme will be notified on the Service NSW website. 

11. Limitation of liability 

11.1 To the extent permitted by law, DCS, NSW Treasury and Service NSW (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by a business, customer or any other person arising directly or indirectly out of or in any way connected with the Stay NSW Voucher Scheme or the Parents NSW Voucher Scheme, including:

(a) the unavailability of Vouchers;  

(b) the refusal of a person to accept Vouchers;  

(c) the fraudulent use of Vouchers;  

(d) any breach of these Terms and Conditions or  

(e) any decisions made to register or refuse to register a business to participate in the Stay NSW Voucher Scheme or Parents NSW Voucher Scheme, or to suspend or terminate the Stay NSW Voucher Scheme or Parents NSW Voucher Scheme, any Voucher or a Registered Business’s registration. 

12. Indemnity 

12.1 A business agrees to indemnify and keep indemnified DCS, NSW Treasury and Service NSW (including their officers, employees and agents) (“those indemnified”) from and against any liability or loss (including reasonable legal costs and expenses), which may be suffered or incurred by any of those indemnified by reason of or in connection with the business’s application for registration and participation in the Stay NSW Voucher Scheme or Parents NSW Voucher Scheme. 

12.2 A reference to “business” in clause 12.1 includes a business that has applied for registration to participate in the Stay NSW Voucher Scheme, a Registered Business and a Registered Business that has had its registration cancelled or suspended.  

13. Contact 

13.1 Any enquiry or complaint is to be directed to Service NSW via NSW Services Centres or by calling 13 77 88

14. General 

13.1 A business is responsible for obtaining its own independent legal and financial advice regarding these Terms and Conditions. 

15. Variation 

15.1 DCS and/or Service NSW may amend, vary, delete or supplement these Terms and Conditions at any time by publishing on the Service NSW website.  

15.2 These Terms and Conditions, as amended, varied, deleted or supplemented from time to time, apply to any future version of, or update to, the Scanner App.  

16. Waiver 

16.1 No failure or delay by DCS and/or Service NSW in exercising any right under these Terms and Conditions will operate as a waiver of those rights.  

17. Severability  

17.1 If any part of these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason, then that part is severed from these Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions. 

18. Governing Law 

18.1 These Terms and Conditions are governed by, and must be interpreted in accordance with, the laws in force in New South Wales. A business, DCS and Service NSW submit to the exclusive jurisdiction of the courts of New South Wales and any court competent to hear appeals from those courts.  

19. Survival 

19.1 Clauses 9, 11 and 12 contain continuing obligations and will survive termination of these Terms and Conditions. 

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