Application Terms and Conditions for M2M University Challenge
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These Terms and Conditions
Your involvement in the assessment phase of the Telstra Machine 2 Machine University Challenge
(M2M Challenge) is subject to these Terms and Conditions. In addition, the Terms of Use at
http://www.telstra.com.au/terms-of-use/ apply to your use of the M2M Challenge website (the
Website).
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Your Entry
If you wish to be considered for the M2M Challenge, you:
(a)
Complete the requirements of the competition in accordance with the Rules (including judging
criteria) as set out on the Website;
(b)
Agree that the University you attend will co-ordinate your entry (as part of a team) to the M2M
Challenge and enter the competition on your behalf by filling out the entry form on the Website;
and
(c)
If you are under the age of 18, you have your parent’s written permission to the University that
you can enter this M2M Challenge (collectively, your Entry).
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Your involvement in the M2M Challenge
(a)
Your involvement in the M2M Challenge may reflect on us, and you must not:
(i)
represent that you are our agent or otherwise affiliated with us; or
(ii)
bring Telstra into disrepute or make any disparaging comments about Telstra in relation
to the M2M Challenge.
(b)
You may withdraw your Entry but you recognise that your withdrawal may have logistical or
practical implications. We will email you to confirm your participation in the M2M Challenge prior
to sending out the kit. At that time you must confirm or cancel your entry in accordance with that
email.
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Your material
During the course of your involvement in the M2M Challenge you may provide or communicate to us
your Entry and your Competition Code, documents, presentations, written or oral statements or
materials (your Material). Competitive Code is the code which you will be judged on. You represent,
warrant and undertake that:
(a)
ownership: you own your Material or are authorised to grant the licence in clause 8(a);
(b)
no infringement: your Material will not infringe the intellectual property rights, moral rights or
other rights of, or breach any obligations of confidence owed to, any person;
(c)
no infringement – use: the use of your Material by us in accordance with these Terms and
Conditions will not infringe any third party intellectual property rights, moral rights or other third
party rights; and
(d)
accuracy: your Material will at all times be true, accurate, not misleading and be up to date;
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(e)
third party intellectual property: if your Material contains third party intellectual property, that
you have all the necessary licences and approvals to use that third party intellectual property
and to on-licence that third party intellectual property in accordance with these Terms and
Conditions.
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Our ability to vary the M2M Challenge
While the Website describes our intention as at the time the Website was created, we are not under
an obligation to follow the anticipated process. We reserve the right at any time and for any reason to:
(a)
vary the M2M Challenge, including any applicable dates or timeframes, in which case we will
use reasonable endeavours to provide you with notice of changes to the dates or timeframes,
either by email or by publishing changes on the Website;
(b)
not proceed with all or any part of the M2M Challenge;
(c)
proceed in a manner other than that described on the Website;
(d)
discontinue your further participation in the M2M Challenge for any reason; or
(e)
adopt different approaches with different applicants and enter into separate discussions with
applicants.
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Selection for the M2M Finalist Phase
(a)
Our stated selection and evaluation criteria for selecting Entries for the Finalist Phase are
provided by way of guidance only, so that applicants are aware of the types of things that we
may take into consideration during selection of Entries.
(b)
These selection evaluation criteria are not exhaustive, are not listed in order of precedence and
may not all be taken into account or be given equal consideration by us.
(c)
In evaluating an Entry, we may take into account not only the information provided in the Entry,
but also any other information that we may obtain which we consider relevant to the evaluation
of an Entry.
(d)
The selection of Entries for the M2M Finalist stage is at our absolute discretion.
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Finalist Phase of the M2M Challenge
(a)
If you are selected for the Finalist Phase of the M2M Challenge, You will be required to present
your M2M solution again, either in person or via video conference, to an expert judging panel.
(b)
If you are a finalist, we will invite you to attend a function where the winner of the M2M
Challenge will be announced.
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Intellectual property
(a)
You grant us a non-exclusive, irrevocable and royalty-free licence to use and copy your Material
for the purposes of assessing your Entry.
(b)
All intellectual property rights in these Terms and Conditions, in content of the Website, and
any other information we disclose to you are retained by us (or our licensors), and no rights are
granted to you in such material.
(c)
In your Entry, you must specify in the commenting in the Competitive Code:
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(i)
If the Entry contains code from open source license, you must clearly identify in the form
of comments and provide a URL link of its origin in the code, the license which applies;
and
(ii)
If the Entry contains proprietary code (including those of third parties or your own), you
must clearly identify in the comments that the code what is proprietary and include all
relevant information as to ownership and licensing.
(d)
The M2M Challenge will involve, at your election, the use of Github (http://www.github.com).
You agree that you use Github solely at your own risk and in accordance with that site’s Terms
of Service and any licence terms contained within the Github site, including the license files
contained within Telstra repositories at https://github.com/telstra. We take no responsibility for
your use of the Github website.
(e)
The M2M Challenge will also involve hardware from third party suppliers (such as Sierra). You
agree you use the hardware solely at your own risk and in accordance with the third party
suppliers’ terms of use. We take no responsibility for your use of any of the supplied hardware.
(f)
Neither party will be liable to the other party for the use of any Material or code for purposes
other than the M2M Challenge. For clarity this includes any use of the code after the completion
of the M2M Challenge.
(g)
For the avoidance of doubt, we take no responsibility for these licences between participants
referred to in clauses 8(a) and (b) above and we will not:
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(i)
enforce these licences on behalf of participants; or
(ii)
be liable for any loss or damages incurred as a result of breach of these licences.
SIM Cards
We will provide you with one (1) SIM Card per Telstra Wireless M2M Trial Kit. Each SIM Card
provided to you:
(a)
is only to be used for the purposes of your innovation development and testing the Telstra
Wireless M2M Control Centre;
(b)
is for data (development related activities only) and SMS communications only and cannot be
used for voice or circuit switched data communications;
(c)
is subject to Our Customer Terms as set out on Telstra's website at
http://www.telstra.com.au/customer-terms/;
(d)
allows for:
(i)
100MB (calculated per KB (or part thereof) where 1MB = 1024KB.) of data usage ("Data
Usage Allowance"); and
(ii)
50 SMS within Australia (limit of 160 characters)(Intra-network SMS not supported. The
Service cannot be used to send or receive SMS outside of the Telstra Wireless M2M
Control Centre. The number of SMS includes SMS which are sent but not successfully
delivered) ("SMS Allowance");
per SIM Card, per month. The per month period is calculated on a calendar month period from
the date of activation of the first SIM Card by Telstra ("Month Usage Period"). Telstra activates
SIM cards at the time they are sent out to you from our distribution centre;
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(e)
will, once the Data Usage Allowance or SMS Allowance for a SIM Card is exceeded in a Month
Usage Period, be suspended and not able to be used until the beginning of the next Month
Usage Period; and
(f)
can only be used for a maximum period of three (3) months from the date of activation of the
first SIM Card.
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Confidentiality and publicity
(a)
Unless you have specifically provided to us Material that is identified as “Material is NOT for
public disclosure”, we may publicly disclose such materials. We may publicise your involvement
(including photos, videos etc) in the M2M Challenge.
(b)
For Entries which are being considered by us, we agree not to disclose to the public or any third
party any of your Material that you specify in your Entry is confidential, except:
(i)
as otherwise required by law; or
(ii)
to the extent that the information is in the public domain (other than because of a breach
by us of these Terms and Conditions).
(c)
If your Entry reaches Finalist Stage, you agree we may publicly disclose your Entry (including its
details) during the course of your involvement in the M2M Challenge.
(d)
You acknowledge that we are involved in a broad range of research and development activity
ourselves and it is possible that we may work on or have worked on something similar to your
Entry and that we will not be precluded in any way from pursuing this similar work, provided this
is developed or obtained without reference to your Material.
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Conflict of Interest
(a)
You must indicate in your Entry whether, as at the date of submission of the Entry, any actual or
potential conflict of interest exists in relation to your participation in the M2M Challenge.
(b)
You must promptly notify us if any such actual or potential conflict of interest arises after the
date of submission of your Entry.
(c)
In any such actual or potential conflict of interest arises, we may:
(i)
exclude you from further participation in the M2M Challenge;
(ii)
enter into discussions with you to seek to resolve the conflict of interest; or
(iii)
take any other action we consider appropriate.
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Our liability to you
(a)
While we may discuss your Entry with you and make suggestions, you must evaluate any such
suggestions and make your own decisions in relation to your Entry. You therefore acknowledge
and agree that:
(i)
we have no responsibility in relation to your Entry; and
(ii)
you bear all risks associated with your Entry.
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(b)
To the maximum extent permitted by law our maximum aggregate liability under or in relation to
these Terms and Conditions or the M2M Challenge, whether in contract, tort (including
negligence), in equity, under statute, based on fundamental breach or breach of a fundamental
term or on any other basis, is limited to $10,000.
(c)
To the maximum extent permitted by law, we are not liable for, and no measure of damages
will, under any circumstances, include:
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(i)
special, indirect, consequential, incidental or punitive damages; or
(ii)
damages for loss of opportunity, profits, revenue or goodwill, whether in contract, tort
(including negligence), in equity, under statute, based on fundamental breach or breach
of a fundamental term or on any other basis, whether or not such loss or damage was
foreseeable and even if advised of the possibility of the loss or damage.
Your liability to us
Without limiting any other right or remedy that we may have, you agree to defend, indemnify and hold
harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from
and against all claims, actions, demands, liabilities and settlements, including reasonable legal and
accounting fees, arising in connection with:
(a)
any breach by you of any warranty under these Terms and Conditions;
(b)
any negligent or unlawful act or omission of you, your employees, agents or contractors; or
(c)
the infringement or alleged infringement of a third party’s intellectual property rights, moral rights
or other rights arising directly or indirectly from our use of your Material in accordance with
these Terms and Conditions.
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Costs and expenses
You must bear your own costs and expenses associated with the preparation of your Material and
your participation in the M2M Challenge.
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General matters
(a)
These Terms and Conditions are governed by the law in force in the State of Victoria, Australia,
and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria,
Australia and courts of appeal from them for determining any dispute concerning these Terms
and Conditions.
(b)
If a party does not act in relation to a breach by the other party of these Terms and Conditions,
this does not waive the non-breaching party’s right to act with respect to subsequent or similar
breaches.
(c)
Clauses 3, 4, 9, 12, 13, 15 and any other provisions of these Terms and Conditions which by
their nature survive termination or expiry of these Terms and Conditions will survive termination
or expiry of these Terms and Conditions.
(d)
These Terms and Conditions, the Terms of Use and the Non Disclosure Agreement constitute
the entire agreement between us and you in relation to the M2M Challenge and supersede all
other (prior or contemporaneous) communications or displays whether electronic, oral, or
written, between us and you in relation to the M2M Challenge.
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(e)
The words 'including', 'such as', 'particularly' and similar expressions are not used as, nor are
intended to be, interpreted as words of limitation.
Telstra Corporation Limited (ACN 051 775 556, ABN 33 051 775 556) (we, us)
University and participating students (you, your)
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