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 These Terms and Conditions apply to individuals applying to receive the Vouchers, individuals who have received the Vouchers and individuals who are participating in the Program.
1.4 By applying to receive the Vouchers you 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:
Applicant means a student enrolled to attend school in NSW in 2023, or a Caregiver, who is applying for Vouchers.
Caregiver means a parent, guardian or carer of a student enrolled to attend school in NSW in 2023.
Customer or individual means you, the person applying to receive the Vouchers and participate in 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.
(g) Domestic excursions and incursions (structured learning experiences for students that are organised, provided or managed by a NSW Government school, registered and accredited NSW non-Government school or TAFE NSW), including but not limited to:
(i) school camps, and
(ii) domestic travel, organised by the school or TAFE, to and from sporting or other extracurricular activities
but only where the domestic excursion or incursion is to take place in 2023 and the expenses associated with the domestic excursion or incursion are paid to or via the school or TAFE.
Enrolled to attend school means enrolled to attend a government school, enrolled to attend a registered non-government school or registered for home schooling, within the meaning of the Education Act 1990, or enrolled in a year 10 or 12 equivalent qualification through TAFE NSW, during the 2023 calendar year.
NSW means New South Wales.
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.
School means a government school, registered non-government school or home schooling within the meaning of the Education Act 1990 or TAFE NSW.
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 customer participation in 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 criteria for customers to participate in the Program
3.1 You may be eligible to receive three $50 Vouchers and to participate in the Program if you are a student or a resident of NSW who is a Caregiver of a student, who:
(a) is a resident of NSW; and
(b) is enrolled to attend school in 2023.
3.2 You must only apply to receive the Vouchers in relation to a particular student once.
3.3 Only the student or one Caregiver of the student can apply to receive the Vouchers in relation to that student. If the student spends time with Caregivers living at different addresses, those Caregivers must appoint one person to apply for the Vouchers.
Evidence requirements
3.4 A student applying for the Vouchers on their own behalf must:
(a) provide proof of their identity and residential address in a form acceptable to Service NSW (for example, a valid and current NSW driver licence or valid and current Australian passport);
(b) provide a valid and current Medicare card listing their name; and
(c) state the name of the school they are enrolled to attend in 2023.
3.5 A Caregiver applying for the Vouchers for a student, must:
(a) provide proof of their identity and residential address in a form acceptable to Service NSW (for example, a valid and current NSW driver licence or valid and current Australian passport);
(b) provide a valid and current Medicare card listing both their name and the student’s name, or listing only the student’s name;
(c) state the name of the school the student is enrolled to attend in 2023; and
(d) declare that they are the parent, legal guardian or carer for the student.
3.6 An application to receive the Vouchers should be submitted via the Applicant’s MyServiceNSW Account. Applicants who do not have a MyServiceNSW Account can register for a MyServiceNSW Account by visiting a Service Centre or contacting Service NSW. Applicants who have difficulty applying should contact Service NSW.
3.7 Notwithstanding any other provision in these Terms and Conditions, Service NSW may require additional information or clarification from you or any public or private entity or person, before determining whether the eligibility criteria and evidence requirements in clauses 3.1, 3.4 and 3.5 have been satisfied and whether to approve your application to receive the Vouchers.
3.8 Information you provide as part of your application to receive Vouchers 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.
3.9 Notwithstanding any other provision in these Terms and Conditions, Service NSW may refuse to issue you with the Vouchers for any reason, including if you do not meet the eligibility criteria and evidence requirements in clauses 3.1, 3.4 and 3.5 or if you fail to comply with these Terms and Conditions.
4. Conditions for participating in the Program
4.1 A customer participating in the Program must:
(a) comply with the law at all times;
(b) only redeem a Voucher at a Registered Business operating in NSW. Customers should check to confirm if a business is a Registered Business on the Service NSW Business and Voucher Finder;
(c) only redeem a Voucher issued to them. Vouchers are non-transferable and cannot be transferred to or used by persons other than the individual to whom they were issued and cannot be traded with other people for cash;
(d) only redeem each $50 Voucher once. Drawdowns 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 nor reimbursement sought for it by the Registered Business; and
(e) only redeem a Voucher towards the cost of Eligible Expenses during the Operating Period of the Program.
Using a Voucher
4.2 A Voucher amount is fixed and cannot be customised. Vouchers cannot be reloaded or topped up.
4.3 Vouchers can be used in conjunction with other discounts at the discretion of the Registered Business.
4.4. Vouchers are non-refundable and cannot be exchanged for cash.
4.5 Customers are responsible for ensuring they have enough money to pay for any Eligible Expenses purchased, including covering the cost of the Voucher if the Registered Business does not accept the Voucher or the Voucher has already expired.
4.6 Vouchers cannot be:
(a) redeemed as a gift or “tip” to a Registered Business;
(b) provided as a donation to the Registered Business, either for use by that organisation or for onward payment to a third party;
(c) redeemed if the Voucher has been suspended or cancelled or if the Program has been suspended or terminated;
(d) exchanged for cash, a gift voucher or a credit note from the Registered Business;
(e) 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
(f) used to pay for anything other than an Eligible Expense.
4.7. If a customer suspects that one of their Vouchers has been used fraudulently, they should contact Service NSW. Allegations of fraudulent or other misuse of Vouchers may be investigated and/or referred to NSW Police.
4.8. A customer may report a Registered Business for alleged failure to comply with the Program’s Terms and Conditions for Businesses via the Service NSW app or website.
4.9 A customer may be audited or investigated by Service NSW to determine whether the customer has complied or is complying with these Terms and Conditions. A customer must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.
4.10 Notwithstanding any other provision in these Terms and Conditions, Service NSW may exclude a customer from participating in the Program or suspend or cancel Vouchers for any reason, including if the customer:
(a) does not meet the eligibility criteria and evidence requirements in clauses 3.1, 3.4 or 3.5;
(b) provides any false or misleading information; or
(c) fails to comply with these Terms and Conditions.
5. Processing transactions and Voucher redemption
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 customer must either present the Voucher using their mobile device, present the Voucher in printed form or provide the QR code or alphanumeric voucher code to the Registered Business. A Registered Business must scan the QR code using the Scanner App or enter the alphanumeric voucher code into the Scanner App.
5.3 Vouchers that have already been used will be flagged as expired and cannot be used. Customers can view active Vouchers on their MyServiceNSW Account.
5.4 Each Voucher may be used separately, or multiple Vouchers can be used at a Registered Business in the same transaction, including multiple Vouchers issued in relation to different students enrolled to attend school.
5.5 If a Registered Business ceases to trade or participate in the Program and has received payment in the form of Voucher(s) from a customer for Eligible Expenses that have not yet been provided or delivered to the customer, the Registered Business must refund the customer the monetary value of the Voucher(s) used by the customer.
5.6 Where a customer has redeemed one or more Vouchers to purchase Eligible Expenses but the Registered Business is unable to supply the Eligible Expenses purchased for any reason, the Registered Business must allow the customer to use the value of the Voucher/s to make another purchase for other Eligible Expenses, provided the purchase is made during the Operating Period of the Program.
6. Suspension or termination of the Program
6.1 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.
6.2 Any action taken to suspend or terminate the Program will be notified on the Service NSW website.
7. Limitation of liability
7.1 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 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.
7.2 A reference to “business” in clause 7.1 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.
8. Contact
8.1 Any enquiry or complaint is to be directed to Service NSW via NSW Service Centres or by calling 13 77 88.
9. General
9.1 You are responsible for obtaining your own independent legal and financial advice regarding these Terms and Conditions.
10. Variation
10.1 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.
10.2 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.
11. Waiver
11.1 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.
12. Severability
12.1 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.
13. Governing law
13.1 These Terms and Conditions shall be governed by and must be interpreted in accordance with the laws in force in New South Wales. You 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.
14. Survival
14.1 Any clause or obligation contained in these Terms and Conditions which by its nature is intended to remain in full force after termination of these Terms and Conditions, will survive such termination and remain in full force.
14.2 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 customer has failed to comply with the law or these Terms and Conditions.