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1. Application and acceptance of Terms and Conditions

1.1 The Crown in right of the State of New South Wales (“NSW”) (acting through its various emanations including Service NSW and the NSW Department of Education) is delivering the Back to School NSW Vouchers program (the Program). As part of the Program, parents, guardians, carers or students can apply to receive three $50 “Back to School” vouchers totalling $150 (the Vouchers) for each student who is a NSW resident and enrolled to attend school in 2023, from kindergarten to year 12 (including students who are home-schooled or enrolled in year 10 or year 12 equivalent qualifications at TAFE NSW).

1.2 A business that sells particular school supplies (Eligible Expenses) and meets other eligibility criteria may apply to be registered to participate in the Program. The Vouchers can be used in exchange for Eligible Expenses at Registered Businesses.

1.3 A Registered Business that accepts a Voucher may receive reimbursement from Service NSW for the amount utilised by the customer for Eligible Expenses up to the value of the Voucher.

1.4 By applying to register to participate in the Program, businesses agree with the Crown to be bound by these Terms and Conditions.

2. Definitions and interpretation

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

ANZSIC Codes means the Australian and New Zealand Standard Industrial Classification codes.

Authorised Representative means a person authorised by a business to apply to register the business for the Program and to speak and act on behalf of the business in relation to the Program.

Eligible Expenses means:
(a) School uniforms, including:
(i) shoes and socks,
(ii) hats, and
(iii) sports uniforms and sports shoes.

(b) School equipment, including:
(i) school bags,
(ii) lunch boxes,
(iii) drink bottles,
(iv) umbrellas and raincoats,
(v) necessary protective equipment (for example, students enrolled in specialised classes such as chemistry may require goggles or a lab coat), and
(vi) tools or equipment specific to sports or other programs (for example, students participating in sports, art or music classes may require sporting gear, art supplies or musical instruments).

(c) School-prescribed textbooks or other reading material.

(d) Lesson resources including art diaries, major work materials and elective subject resources.

(e) Other stationery, including but not limited to:
(i) exercise books,
(ii) pens and pencils,
(iii) coloured pencils and crayons,
(iv) textas and highlighters,
(v) erasers,
(vi) pencil cases,
(vii) rulers,
(viii) sharpeners,
(ix) glue,
(x) scissors,
(xi) calculators, and
(xii) geometry sets.

(f) Technology for the purpose of school work:
(i) computers
(ii) laptops
(iii) keyboards
(iv) headphones
(v) mice
(vi) tablets.

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

NSW Government means the Crown in right of the State of NSW acting through its various emanations, including Service NSW and the NSW Department of Education.

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

Program means the Back to School NSW Vouchers program administered and delivered by Service NSW and the NSW Department of Education involving the issuing of three $50 vouchers for each student who is a NSW resident and enrolled to attend school in 2023, from kindergarten to year 12 (including students who are home-schooled or enrolled in year 10 or year 12 equivalent qualifications at TAFE NSW), to parents, guardians or carers of those students or the students themselves.

Registered Business means a business that has been registered by Service NSW to participate in the Program 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 right of the State of NSW acting through Service NSW.

Terms and Conditions means these Terms and Conditions for business registration, participation and reimbursement as part of the Program.

Transaction means a transaction between a customer and a Registered Business in which the customer redeems one or more Vouchers for Eligible Expenses provided by the Registered Business.

Vouchers means the three $50 “Back to School” vouchers issued pursuant to the Program in the form of either a digital voucher, paper voucher, or SMS code.

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 to register

3.1 A business may be eligible to register to participate in the Program if it:
(a) is a legitimate business operating with a physical location in New South Wales;
(b) has a valid bank account;
(c) is a legal entity with a current and active Australian Business Number;
(d) supplies one or more of the Eligible Expenses; and
(e) is currently classified under one of the following ANZSIC Codes on the Australian Business Register:

  • 1351 Clothing Manufacturing
  • 3736 Paper Products Wholesaling
  • 4110 Supermarket and Grocery Stores
  • 4244 Newspaper and Book Retailing
  • 4251 Clothing Retailing
  • 4252 Footwear Retailing
  • 4259 Other Personal Accessory Retailing (luggage/bags)
  • 4260 Department Stores
  • 4272 Stationery Goods Retailing
  • 4273 Antique and Used Goods Retailing
  • 4279 Other Store-Based Retailing n.e.c. (Craft Supplies, Musical instruments)
  • 5101 Postal Services
  • 8021 Primary Education
  • 8022 Secondary Education
  • 8023 Combined Primary and Secondary Education
  • 8024 Special School Education
  • 9559 Other Interest Group Services n.e.c. (P&C/NfP – e.g. parent/teacher association operation or community association operation)

3.2 In order to participate in the Program, businesses must have a smartphone or tablet to scan and accept Vouchers in person using the business’s Service NSW Business Profile and/or integrate with the Service NSW Application Programming Interface to accept Vouchers.

3.3 A business must apply to register to participate in the Program before 16 June 2023.

3.4 A business may appoint an Authorised Representative to apply on behalf of the business to register for the Program and otherwise speak and act on behalf of the business for the purposes of the Program. In order to act on behalf of a business, an Authorised Representative must provide Service NSW with signed proof of their authority to act on behalf of the business and an attestation that the business will comply with the Terms and Conditions.

3.5 Notwithstanding any other provision in these Terms and Conditions, 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 or private entity or person, before determining whether the eligibility criteria in clauses 3.1 and 3.2 have been satisfied and whether to approve the application to register the business.

3.6 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.

3.7 Notwithstanding any other provision in these Terms and Conditions, Service NSW may refuse to register, or suspend or cancel the registration of, a business for any reason, including if the business does not meet the eligibility criteria in clauses 3.1 and 3.2 or fails to comply with these Terms and Conditions.

4. Conditions of registration

4.1 A Registered Business must:
(a) comply with the law at all times;
(b) accept all valid Vouchers during the Operating Period of the Program and before the expiry date displayed on the relevant Voucher, presented by customers for redemption on any day of the week during the Registered Business’s operating hours, towards the cost of any Eligible Expenses sold by the Registered Business;
(c) not artificially inflate prices or “price gouge” as a result of accepting Vouchers;
(d) not restrict the use of Vouchers to particular Eligible Expenses;
(e) notify Service NSW immediately if the Registered Business can no longer meet the eligibility criteria in clauses 3.1 and 3.2 or can no longer comply with these Terms and Conditions;
(f) if it ceases to trade or to participate in the Program:
(i) immediately notify Service NSW,
(ii) immediately notify any customers who have paid for Eligible Expenses using one or more Vouchers but have not yet received those Eligible Expenses, and
(iii) as soon as possible, refund any customers who have paid for Eligible Expenses using one or more Vouchers but have not yet received those Eligible Expenses.

4.2 A Registered Business may be audited or investigated by Service NSW to determine whether the Registered Business has complied or is complying with these Terms and Conditions. A business whose registration has been suspended or cancelled may be audited or investigated by Service NSW in connection with any failure to comply with these Terms and Conditions. A Registered Business or its Authorised Representative, or a suspended or de-registered business or its Authorised Representative as the case may be, must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

4.3 Notwithstanding any other provision in these Terms and Conditions, 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 clauses 3.1 and 3.2,
(b) provides any false or misleading information, or
(c) fails to comply with or satisfy any of these Terms or Conditions

5. Processing transactions

5.1 Vouchers will be in the form of a digital voucher, paper voucher or SMS code. Each Voucher will contain a QR code and/or a unique alphanumeric voucher code.

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

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

5.4 A Registered Business may apply for approval from Service NSW for access to an Application Programming Interface (API). Despite clause 5.3, 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.

6. Reimbursement

6.1 Subject to clause 6.3, Service NSW will reimburse a Registered Business within 5 business days of the Transaction via electronic funds transfer to their nominated bank account.

6.2 A Registered Business can view its Transaction history and payment status in its Service NSW Business Profile.

6.3 Notwithstanding clause 6.1 or any other provision in these Terms and Conditions, Service NSW may:
(a) withhold (subject to Service NSW’s investigations and/or further enquiries) one or more reimbursement payments if it suspects, on reasonable grounds, that the Registered Business has breached one or more of the conditions for reimbursement set out in clause 7 (Conditions for reimbursement of Vouchers) of these Terms and Conditions; and/or
(b) refuse to make one or more reimbursement payments if satisfied that the Registered Business has breached or is suspected of breaching one or more of the conditions for reimbursement set out in clause 7 (Conditions for reimbursement of Vouchers) of these Terms and Conditions.

7. Conditions for reimbursement of Vouchers

7.1 All payments to a Registered Business by Service NSW as reimbursement for Eligible Expenses provided in exchange for one or more Vouchers are made on the condition that:
(a) The Registered Business met the eligibility criteria in clauses 3.1 and 3.2 at the time of the Transaction and has otherwise complied with clauses 3.3, 3.4, 3.5 and 3.6.
(b) The Registered Business was registered to participate in the Program at the time of the Transaction and the registration had not been suspended or cancelled.
(c) The Registered Business has complied and is complying with the conditions outlined in clause 4.1(a), (b), (c), (d), (e) and (f) of these Terms and Conditions.
(d) The Transaction took place during the Operating Period of the Program and before the expiry date displayed on the relevant Voucher.
(e) The Registered Business provided Eligible Expenses in exchange for the Voucher/s and the Voucher/s (or any part of it) was not:
(i) provided as a gift or ‘tip’ to the Registered Business, or
(ii) provided as a donation to the Registered Business, either for use by that organisation or for onward payment to a third party, or
(iii) redeemed in exchange for anything other than an Eligible Expense, or
(iv) redeemed in exchange for Eligible Expenses provided to the Registered Business for free, or
(v) refunded by the Registered Business, or
(vi) exchanged for cash, a gift voucher or a credit note from the Registered Business, or
(vii) redeemed in combination with any other Voucher issued by the NSW Government (e.g. Active Kids vouchers, Creative Kids vouchers, Before and After School Care vouchers), or
(viii) redeemed by a person other than the person who applied for and received the Voucher/s, or
(iv) invalid or counterfeit.
(f) The Voucher/s had not already been used at the time of receipt by the Registered Business.
(g) The customer using the Voucher/s was eligible to use the Voucher/s as part of the Program.
(h) The Registered Business used any tools provided by Service NSW (including the Scanner App) to confirm the validity of the Voucher/s before completing the Transaction.
(i) The Voucher/s was/were processed by the Registered Business in accordance with clause 5.
(j) If the customer redeems only part of the Voucher value, the Registered Business only seeks reimbursement of that part of the Voucher value redeemed by the customer.

7.2 A Registered Business must accept multiple Vouchers in relation to the same Transaction, even where the Vouchers are for different students, if the customer wishes to redeem multiple Vouchers in one Transaction.

7.3 A Registered Business must accept at least one other method of payment, in addition to a Voucher, where a customer wishes to redeem a Voucher in exchange for Eligible Expenses and the cost of the Eligible Expenses is more than the Voucher value.

7.4 Upon receipt of reimbursement from Service NSW, a Registered Business declares that:
(a) To the best of its knowledge, the conditions in clauses 7.1, 7.2 and 7.3 are or have been satisfied at all relevant times, and
(b) It took all reasonable steps to ensure the conditions in clauses 7.1, 7.2 and 7.3 are or have been satisfied at all relevant times.

7.5 Where Service NSW advises a Registered Business in writing that a specified amount has been paid to the Registered Business under the Program:
(a) as an overpayment; or
(b) otherwise in error;
the Registered Business must repay that amount to Service NSW as directed within 28 days of it being so advised.

7.6 Unannounced audits, spot compliance checks and ‘mystery shops’ may be conducted at random to assess compliance by Registered Businesses with these Terms and Conditions.

8. Recovery of reimbursement payments

8.1 If a Registered Business, or a business whose registration has subsequently been suspended or cancelled, has received a payment in accordance with clause 6.1 and Service NSW is satisfied that any of the conditions in clause 7 (which apply to the Voucher/s in relation to which a payment was made) were or have been contravened, the payment is repayable on demand and the payment (or part of the payment) may be recovered from the relevant business by the Crown as a debt due to the Crown, including in a court of competent jurisdiction.

9. Suspension or termination of the Program

9.1 Notwithstanding any other provision in these Terms and Conditions, Service NSW may, in its absolute discretion, suspend or terminate the entirety or any part of the Program at any time and for any reason, including suspending or terminating the validity of individual Vouchers.

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

10. Limitation of liability

10.1 To the extent permitted by law, the NSW Government (including its 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 Program, including:
(a) the unavailability of Vouchers;
(b) the refusal of a person to accept Vouchers;
(c) the fraudulent application to receive or use of Vouchers;
(d) any decision to register or refuse to register a business to participate in the Program,
(e) any decision to make or refuse to make a payment under the Program, including on the basis that funds are unavailable,
(f) any fraudulent application for registration by a business to participate in the Program,
(g) any breach of these Terms and Conditions, and/or
(h) any decision to suspend, vary or terminate the entirety or any part of the Program.

10.2 A reference to “business” in clause 10.1 includes a business that has applied for registration to participate in the Program, a Registered Business and a business that has had its registration cancelled or suspended.

11. Contact

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

12. General

12.1 Businesses are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.

13. Variation

13.1 Service NSW reserves the right to amend, vary, delete or supplement these Terms and Conditions at any time by publishing on the Service NSW website.

13.2 These Terms and Conditions, as amended, varied, deleted or supplemented from time to time, apply to any future version of, or update to, the IT system that supports the delivery of the Program, including the Scanner App.

14. Waiver

14.1 Failure or delay by Service NSW in exercising or enforcing any of its rights in connection with these Terms and Conditions does not constitute a waiver of those rights.

15. Severability

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

16. Governing law

16.1 These Terms and Conditions shall be governed by and must be interpreted in accordance with the laws in force in New South Wales. Businesses 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.

17. Survival

17.1 Clauses 8 and 10 contain continuing obligations and will survive termination of these Terms and Conditions, along with any other clause or obligation which by its nature is intended to remain in full force and effect after termination of these Terms and Conditions.

17.2 Notwithstanding any other provision in these Terms and Conditions, Service NSW may take civil and/or criminal action (where appropriate), including referral to NSW Police, where Service NSW reasonably suspects that a Registered Business, or a business that has had its registration cancelled or suspended, has failed to comply with the law or these Terms and Conditions.

Related information

Last updated: 11 January 2023