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Terms and Conditions for Customer Participation in the Stay NSW Scheme

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 Scheme (“the Scheme”). As part of the Scheme, all NSW residents 18 years of age and over can apply to receive one $50 Voucher which can be used towards the cost of accommodation at a participating accommodation provider.

1.2. These Terms and Conditions apply to individuals applying to receive a Stay NSW Voucher and to individuals who have received the Stay NSW Voucher and are participating in the Scheme. 

1.3. A Pilot phase of the Scheme will be carried out from December 2021 to 31 March 2022. Further details for the Pilot Phase are contained in Appendix A.

1.4. By applying to receive a Stay NSW Voucher, you agree to be bound by these Terms and Conditions.

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.

"Customer” or “consumer” or “individual” means you, the person applying to receive the Stay NSW Voucher and participating in the Scheme.

DCS” means the Crown in the right of the State of NSW acting through the Department of Customer Service.

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

"Operating period” means the period during which the Scheme is operating and during which Vouchers may be redeemed, as notified on the Service NSW website from time to time.

Registered Business” means a business that has been registered by Service NSW to participate in the Scheme 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.

Scheme” means the Stay NSW Voucher Scheme.

"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 Business. 

Terms and Conditions” means these Terms and Conditions for Customer Participation in the Stay NSW Voucher Scheme.

Voucher” means the $50 Stay NSW Voucher.

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 criteria for customers to participate in the Scheme

3.1. You may be eligible to receive one Stay NSW Voucher and to participate in the Scheme, if you:

a) are 18 years of age or over;

b) are a resident of New South Wales;

c) apply to receive the Stay NSW Voucher via your MyServiceNSW Account or, if you do not have a MyServiceNSW Account, by calling Service NSW or visiting a Service NSW Service Centre; and

d) provide two acceptable forms of identification to prove your identity.

3.2. You can only apply to receive one voucher. 

3.3. Notwithstanding any other provision in these Terms and Conditions, DCS, NSW Treasury and/or Service NSW may require additional information or clarification from you or any public entity or person, before determining whether the eligibility criteria in clause 3.1 have been satisfied and whether to approve your application to receive a Voucher.

3.4. Notwithstanding any other provision in these Terms and Conditions, DCS, NSW Treasury and/or Service NSW may refuse to issue you with a Voucher for any reason, including if you do not meet the eligibility criteria in clause 3.1 or if you fail to comply with these Terms and Conditions.

3.5. You are not eligible to apply to receive a Voucher under the Scheme if you have previously received a voucher or payment under this Scheme or under a previous program or scheme, and: 

(a) Service NSW, DCS and/or NSW Treasury (or another government agency in relation to this Scheme or a previous program or scheme) have sought to recover the whole or part of that previous voucher or payment as a debt due to the Crown pursuant to s. 5.7(3) of the GSF Act or otherwise, and 

(b) the amount sought has not been repaid.      

4. Conditions for participation in the Scheme

4.1. A Customer participating in the Scheme must:

a) Comply with the law at all times, including public health orders and COVID-19 restrictions.

b) Only redeem a Voucher issued to the Customer personally. Vouchers are non-transferrable and cannot be transferred to or used by persons other than the Customer to whom they were issued and cannot be traded with other people for cash. 

c) Only redeem the Voucher once. Draw downs on or credit notes for Voucher value are not permitted. If a Customer uses less than the $50 value of the Voucher, the remaining value is forfeited and may not be used by the Customer.

d) Only redeem the Voucher while it is valid during the Operating Period of the Scheme. The dates during which the Voucher is valid will be displayed on each Voucher. 

e) Not redeem the Voucher (or any part of it) as a gift or “tip” to a Registered Business. 

f) Only redeem the Voucher for Accommodation Services. 

g) Not redeem the Voucher if the Voucher has been suspended or cancelled or if the Scheme has been suspended or terminated.

4.2. A Voucher amount is fixed and cannot be customised. A Voucher cannot be reloaded or topped up. 

4.3. A Customer can use a Voucher to pay for Accommodation Services in the following ways:

a) A Customer can pay for Accommodation Services with the Voucher and another payment method.

b) For the same accommodation booking,  each individual can present their Voucher to pay towards the booking, e.g. if two Customers are staying together in the same room each Customer can redeem their Voucher towards the cost of the Accommodation Services.

4.4. Vouchers can be used in conjunction with other discounts at the discretion of the Registered Business.

4.5. Vouchers are non-refundable and cannot be exchanged for cash. 

4.6. Customers are responsible for ensuring they have enough money to pay for any goods or services purchased, including covering the cost of the Voucher if the Registered Business does not accept the Voucher or the Voucher has already expired.

4.7. It is up to business discretion whether a Customer who has paid for accommodation during the Operating Period of the Scheme without using the  Voucher can subsequently present the Voucher in order to get a cash or credit reimbursement from the Registered Business.

4.8. If a Customer suspects that their Voucher has been used fraudulently, they can submit a complaint to Service NSW. Allegations of fraudulent or other misuse of Vouchers may be investigated by Service NSW or DCS and/or referred to NSW Police.

4.9. Customers may report to Service NSW a Registered Business’s alleged failure to comply with the Scheme’s Terms and Conditions.

4.10. Information customers provide as part of an application to receive a Voucher 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.

4.11. Customers may be audited or investigated by DCS and/or Service NSW to determine whether the Customer has complied or is complying with these Terms and Conditions, including the eligibility criteria at clause 3.1. Customers must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

4.12. Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may exclude a Customer from participating in the Scheme or suspend or cancel Vouchers for any reason, including if the Customer does not meet the eligibility criteria in clause 3.1 or if the Customer fails to comply with these Terms and Conditions. 

4.13. Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may take civil and/or criminal action, including referral to NSW Police, where DCS and/or Service NSW reasonably suspect that a Customer has failed to comply with the law or these Terms and Conditions.

4.14. By applying to receive a Voucher, you consent to Service NSW, DCS and/or NSW Treasury disclosing personal information provided by you or about you, to each other for the purposes of administering or reporting on the Scheme.

5. Processing transactions and voucher redemption

5.1. Vouchers will be in the form of a QR code and/or a unique alphanumeric voucher code and can be displayed in-app on the Service NSW app or printed. 

5.2. Customers who do not have a MyServiceNSW Account may have their unique alphanumeric voucher codes quoted to them over the phone or sent to them via text message by Service NSW. 

5.3. To redeem a Voucher, a Registered Business may scan the QR code using the Scanner App or enter the alphanumeric code into the Scanner App. If the Registered Business’s online booking system has the facility to accept the Voucher, the Voucher can be redeemed when making the accommodation booking online. 

5.4. Vouchers that have already been used will be flagged as expired and cannot be re-used. 

6. Suspension or termination of the Scheme

6.1. 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 Scheme at any time and for any reason, including suspending or terminating the validity of individual Vouchers.

6.2. Any action taken to suspend or terminate the Scheme will be notified on the Service NSW website.

7. Limitation of liability

7.1. 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 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 Scheme, to issue or to refuse to issue Vouchers, or to suspend or terminate the Scheme, any Voucher or a Registered Business’s registration.

8. Indemnity

8.1. You agree 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 your application for Vouchers and/or participation in the Scheme.

9. Contact

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

10. General

10.1. You are responsible for obtaining your own independent legal and financial advice regarding these Terms and Conditions.

11. Variation

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

11.2. 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.

12. Waiver

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

13. Severability

13.1. 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. 

14. Governing law 

14.1. These Terms and Conditions are governed by, and must be interpreted in accordance with, the laws in force in New South Wales. You, DCS, NSW Treasury 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.

15. Survival

15.1. Any provisions or obligations contained in these Terms and Conditions which, by their nature or effect, are required or intended to be observed, kept or performed after termination of these Terms and Conditions will survive the termination of these Terms and Conditions and remain binding upon relevant persons.

Appendix A – Additional Rules for Customers Participating in the Pilot Phase

1. Pilot Phase 

There will be a closed Pilot Phase before the Scheme official launch. The Pilot Phase will start in December 2021 and will conclude in March 2022.

2. Eligibility for Pilot Phase 

Customers employed in the NSW public healthcare and education sectors will be eligible to participate in the Pilot Phase. Customers will be invited through NSW Government agencies such as NSW Health and NSW Education through an Expression of Interest released by Service NSW.

3. Stay NSW Vouchers available in Pilot Phase

A maximum of 20,000 Stay NSW Vouchers will be available during the Pilot Phase. Customers participating in the Pilot Phase can only access one Voucher during the Pilot Phase. Service NSW will collect the contact details of those who have expressed interest and directly send them a link to register when the pilot commences. Vouchers will be awarded to the first 20,000 customers that register for a Voucher. Registration will close once the limit of 20,000 is reached. Customers who register for or are awarded a Voucher during the Pilot Phase will be able to apply for another Voucher at the time of the state-wide launch subject to the Terms and Conditions for Customer Participation in the Stay NSW Scheme.

4. Limit to City of Sydney Local Government Area (LGA)

Vouchers available during the Pilot Phase are only able to be redeemed in eligible businesses located in the City of Sydney LGA.  

5. Stay NSW Vouchers Expiry

All Vouchers awarded in the Pilot Phase will expire at the commencement of the state-wide launch or by 31 March 2022 (whichever comes first).

6. Terms and Conditions 

Customers participating in the Pilot Phase must comply with all other relevant Terms and Conditions for Customer Participation in the Stay NSW Scheme.