NSW Point Terms of Use
Effective 19 December 2025

This NSW Point Terms of Use Agreement ("Agreement") is between the NSW Department of Customer Service ABN 81 913 830 179, McKell Building 2-24 Rawson Place, Sydney NSW 2000 as represented by Spatial Services ("SS")and the entity entering into this Agreement ("Customer").

If you are an individual entering into this Agreement on behalf of the Customer, you represent that you have the authority to bind the Customer. In that case, the terms "you" or "your" also refer to the Customer. This Agreement governs the Customer's access to and use of NSW Point ("the Service"), as requested in the applicable Access Request Form.

By accepting this Agreement or by accessing or using the Service, you agree to be bound by this Agreement (including other documents which are incorporated in it by reference). This Agreement is effective on the date you accept this Agreement or access or use the Service ("Effective Date") including to evaluate it, whichever occurs first. SS may change the terms of this Agreement at any time. If those changes affect your rights or responsibilities, SS will notify you. By continuing to access or use the Service, you accept the changes to this Agreement.

If a Customer registers for a free trial of the Service for evaluation purposes, the applicable provisions of this Agreement will also govern the free trial.

1. The Service
   • 1.1. PSMA Australia Limited ABN 23 089 912 710, trading as Geoscape Australia ("Geoscape"), has entered into an agreement ("Geoscape Agreement") with SS.
   • 1.2. Under the Geoscape Agreement, Geoscape supplies Geoscape's spatial and address services ("API Services") to SS and authorises SS to use and access the API Services and to provide such use and access to NSW Government Agencies in accordance with the Geoscape Agreement.
   • 1.3. SS utilises the Geoscape Data and API Services to provide the Service, known as NSW Point, to assist NSW Government Agencies' customer services and business processes.
   • 1.4. New Features or Services: SS may make new applications, features or functionality for the Service available from time to time, the use of which may be contingent upon the Customer's agreement to additional terms.
   • 1.5. Modifications:
     • (a) Changes to the Service: SS may make commercially reasonable changes to the Service from time to time. If SS makes a material change to the Service, SS will inform the Customer, by sending an email to the Nominated Contacts' email address.
     • (b) Deprecation Policy: SS will notify the Customer if it intends to make a significant deprecation of a Service. SS will use commercially reasonable efforts to continue to provide the Service without a significant deprecation for at least 6 months after that notification, unless (as SS determines in its reasonable good faith judgement): (i) otherwise required by law or by contract (including if there is a change in applicable law or contract); or (ii) doing so could create a security risk or a substantial economic or technical burden.
     • (c) Discontinuance of the Service: Subject to clause 1.5(b), SS can discontinue any part of the Service or any portion or feature for any reason at any time without liability to the Customer.
   • 1.6. Copyright and disclaimer: You agree and acknowledge that you will ensure that any copy or expression of Geoscape Data or Geoscape Derived Material made available pursuant to this Agreement bears or appropriately references Geoscape's Data Copyright and Disclaimer notices associated with Geoscape Data.
   • 1.7. Open licence: You acknowledge that Geoscape Data may be derived from or based upon open data, which is source data that is subject to an open licence. To the extent that any such open data subsists in Geoscape Data, such data is licensed directly to the Customer under its open license terms, set out in Geoscape's Data Copyright and Disclaimer.
   • 1.8. Use of Mailpoint: If a Customer uses the Mailpoint Service that is available through the Mailpoint APIs, the Customer agrees to do so in accordance with the Geoscape Mailpoint Mandatory End User Terms ("Mailpoint Agreement"), as updated from time to time, and on the basis that the Customer is an "End User" as defined in the Mailpoint Agreement. The Customer acknowledges that Geoscape is obliged to report on Mailpoint usage to Australia Post through IVE Distribution Pty Ltd, and agrees to cooperate with SS and Geoscape in relation to those reporting obligations.
2. Access to the Service
   • 2.1. SS will provide the Customer with non-exclusive, non-transferable access to the Service during the Term in accordance with this Agreement.
   • 2.2. For the purpose of any trial of the Service, SS will provide a TEST API Key to the Customer to use to evaluate the Service. TEST API Key(s) are for evaluation only and made available for up to 90 days and may be restricted in respect to total number of (i) requests per second; (ii) requests in a Burst; and (iii) requests per day.
   • 2.3. SS will provide a separate PRODUCTION API Key to the Customer for each NSW Point use of the Service for the Term. PRODUCTION API Keys are issued per Customer application or Customer, and must not be used for multiple applications without the written consent of SS.
3. Term
   • 3.1. This Agreement terminates any prior agreement between SS and the Customer for the supply of the Service and comes into force on the Effective Date.
   • 3.2. Unless terminated earlier, this Agreement will terminate on the first of the following to occur:
     • (a) the termination of the Geoscape Agreement or any associated rights of SS under it; and
     • (b) in the case of an evaluation - 90 days or the completion of the evaluation.
4. Termination
   • 4.1. Either Party may terminate this Agreement by giving to the other Party at least 30 days' (or in the case of an evaluation 5 days') written notice of termination.
   • 4.2. Either Party may terminate this Agreement immediately by giving written notice of termination to the other Party if the other Party commits a material breach of this Agreement.
   • 4.3. Either Party may terminate this Agreement immediately by giving written notice of termination to the other Party if either Party is dissolved or ceases to exist as a NSW Government Agency (other than due to a machinery of government change).
   • 4.4. Within five (5) Business Days of the termination of this Agreement;
     • (a) SS will remove the Service from the Customer by cancelling all API Keys automatically unless an extension has been agreed in writing before the termination of this Agreement;
     • (b) the Customer must remove any API Keys from the applications; and
     • (c) the Customer must permanently delete or destroy any Geoscape Data and Geoscape Derived Material in the Customer's possession or control.
5. Customer Obligations
   • 5.1. Compliance: The Customer must ensure that all use of the Service by the Customer and its End Users complies with this Agreement.
   • 5.2. Customer Administration of the Service: The Customer and its representatives must:
     • (a) not distribute the Service to parties outside of the Customer;
     • (b) ensure that all activities that occur in connection with the API Keys comply with this Agreement.
   • 5.3. The Customer agrees that SS's responsibilities do not extend to the internal management or administration of the Service for the Customer and that SS is merely a data processor and provider of the Service.
   • 5.4. Unauthorised Use: The Customer will use commercially reasonable efforts to prevent unauthorised use of the Service (including Geoscape Data and API Keys) and to terminate any unauthorised use. The Customer will promptly notify SS of any known or suspected unauthorised use of, or access to, the Service or Geoscape Data.
   • 5.5. Restrictions on Use: The Customer must not:
     • (a) disassemble, decompile or reverse engineer any data or software-based elements of the Service;
     • (b) apply machine learning to any data or software-based elements of the Service for the purposes of creating products or services that are equivalent to, and competitive with, the Service;
     • (c) use the Service in any way that threatens their security, integrity or availability or in any way that works around any of their technical limitations; or
     • (d) sell, resell, lease, or in other way make available, the Service to a third party not under this Agreement.
   • 5.6. Service Implementation: Cost effective and efficient application of the predictive text services relies on triggering the predictive request after a minimum of four entered characters, and applying 'debounce' to delay the predictive request as long as the user continues to enter characters. The Customer acknowledges that not doing so will reduce performance.
   • 5.7. Confidentiality: The Customer must maintain the confidentiality of its API Key(s).
   • 5.8. Support: The Customer will, at its own expense, respond to questions and complaints from End Users or third parties relating to Customer or End Users' use of the Service. The Customer will use commercially reasonable efforts to resolve support issues before escalating them to SS.
   • 5.9. Nominated Contacts and Group Manager: The Customer must provide SS with details of a Nominated Contact(s) who will be responsible for receiving all notifications from SS concerning the Service. The Customer must nominate at least two (2) Contacts per PRODUCTION API Key issued. The Customer is responsible for ensuring that information related to the API Keys listed in their account are up to date and being used in appropriate applications. In cases where contact details held by SS have not been kept up to date, it is the Customer's responsibility to determine how these API Keys will be managed, SS is not responsible for finding a new Nominated Contact(s), and the Customer will be responsible for payment of any usage incurred by the API Keys.
   • 5.10. Privacy: The Customer's use of Geoscape Data and Geoscape Derived Material must comply with all Privacy Legislation and any recommendations made or guidelines issued by any privacy commissioner or other authority concerning any Personal Information.
   • 5.11. Security and storage: Without limiting clause 5.4, the Customer must maintain adequate security and storage measures, and monitor any systems used to access, process, hold or store the Services for security breaches. If the Customer becomes aware of an actual or suspect security breach that impacts the Service, the Customer must:
     • (a) notify SS and Geoscape as soon as practicable;
     • (b) use best endeavours to promptly identify the cause of the security breach;
     • (c) use best endeavours to prevent any potential security breach from becoming an actual security breach;
     • (d) promptly take all reasonable steps to contain the security breach and remedy or limit any damage caused;
     • (e) promptly provide SS and Geoscape with a written report that covers the cause (or suspected cause) of the security breach, the procedure for containing it, any damage caused and the steps taken to remedy or limit any damage;
     • (f) promptly disclose to SS and Geoscape any information relevant to a security breach as reasonably requested by SS and Geoscape;
     • (g) cooperate with SS and Geoscape and provide SS and Geoscape with all reasonable assistance in investigating the security breach; and
     • (h) take all necessary steps to prevent any recurrence of a security breach.
   • 5.12. Errors: The Customer must promptly notify SS of any errors in Geoscape Data of which it becomes aware.
   • 5.13. Conduct: The Customer must not engage in conduct which is or is likely to be detrimental to the name, goodwill, reputation or interest of Geoscape or SS.
6. Payment
   • 6.1. The Customer is liable to pay fees in respect of its real time Transactions involving access to NSW Point web services for the Term.
   • (a) The fees are determined by SS in accordance with SS's measurement tools.
   • (b) SS will provide a fee estimate for a Financial Year (or partial year) based on actual or estimated usage. Applicable fees will be notified in writing to the Customer's Nominated Contact(s).
   • (c) The current fee schedule is available from SS on request.
   • 6.2. If the Customer wishes to have SS process a NSW Point Batch Transaction, it should email SS-NSWPoint@customerservice.nsw.gov.au for more details, including, if necessary, clarification of transactions appropriate for Batch Transaction processing. SS reserves the right to charge a fee for processing any NSW Point Batch Transaction and will provide that fee to the Customer in a quote before commencing work.
   • 6.3. SS in its absolute discretion may vary the fee for access to and use of the Service if a change in circumstances (including imposed or increased charges by Geoscape or any third party supplier of the data or services underlying the Service or a change in the terms of the Geoscape Agreement or any contract with any third party supplier) makes it commercially unviable to continue to provide access under the existing fee schedule.
   • 6.4. The Customer will be invoiced for an appropriate tier of usage, and in the event that their usage exceeds the cap of this tier, SS may invoice the Customer for additional usage.
7. Technical Support Services
   • 7.1. Subject to clause 7.2, SS will provide technical support services to the Customer during the evaluation and implementation of the Service in accordance with the Service Level Agreement, as SS may amend from time to time by giving you at least twelve (12) months' written notice.
   • 7.2. The Customer's Nominated Contact(s) should email SS-NSWPoint@customerservice.nsw.gov.au any incidents or Service Requests. The Customer acknowledges that technical support services are provided through Geoscape and SS is not liable if those services are not provided or do not meet service levels.
8. Suspension
   • 8.1. Of the Service: If SS becomes aware of any ground entitling Geoscape to suspend SS' right to access the API Services under the Geoscape Agreement (which suspension may be caused by the act or omission of any NSW Government Agency) and therefore SS' ability to provide the Service, SS may direct the Customer to suspend use of the applicable Service within three (3) Business Days. If the Customer fails to comply with that direction, SS may suspend the applicable Service immediately. Subject to Geoscape's absolute discretion, the duration of any suspension by SS will be until the relevant NSW Government Agency has rectified the breach which caused the suspension.
   • 8.2. Suspension to comply with laws: SS may at its sole discretion suspend the provision of the Service at any time if required to comply with any applicable law relevant to the Customer's use of the Service.
   • 8.3. Reinstatement of such right to use the Service is at SS's absolute discretion but may also be further subject to Geoscape's absolute discretion.
9. Intellectual Property Rights
   • 9.1. Except as expressly set out, this Agreement does not grant either Party any rights, implied or otherwise, to the other's content or any of the other party's Intellectual Property Rights including Geoscape Data and the Service, as provided from time to time.
   • 9.2. For the avoidance of doubt, the Customer retains ownership of Intellectual Property Rights in records in the Customer's datasets updated through the use of the Service by the Customer and its End Users.
   • 9.3. Each Party must notify the other Party immediately in writing of any actual, suspected or anticipated infringement of the Intellectual Property Rights in the Service, or of a third party's allegation that SS' or the Customer's use of the Service infringes the third party's Intellectual Property Rights, that comes to its attention.
10. Warranties and Disclaimers
    • 10.1. The Service is provided "as is" without warranty regarding its performance, accuracy, fitness for purpose or security or warranty that they will be fault or virus free.
    • 10.2. The Customer acknowledges that as this Agreement is between NSW Government Agencies, it is not intended to be contractually or otherwise legally enforceable, there are no statutory or implied conditions and warranties, and SS is not liable to replace or re-supply the relevant Service.
    • 10.3. Neither SS nor Geoscape warrants that operation of the Service will be error-free or uninterrupted.
11. Indemnities
    • 11.1. The Customer must indemnify SS in respect of costs, expenses, or damages incurred by SS, to the extent that they:
      • (a) are caused by any breach by the Customer of this Agreement; or
      • (b) relate to any liability of SS to Geoscape arising from:
        • (i) any breach by the Customer in maintaining the confidentiality or security of its API Key; or
        • (ii) any breach by SS of the Geoscape Agreement (directly resulting from the Customer causing that breach), the negligence or intentional act or omission of the Customer, or the misuse by the Customer of Geoscape Data or the API Services.
12. Miscellaneous
    • 12.1. Force Majeure: Neither Party will be liable for any delay or failure in the performance of its obligations under this Agreement if such delay or failure is due to an event beyond its reasonable control (including e.g. act of government, natural disasters or Internet disturbance).
    • 12.2. Notices: Any notice to be given under this Agreement is to be delivered to your Nominated Contacts' email address.
13. Definitions
    • Access Request Form means the access request form available at https://point.digital.nsw.gov.au or as provided by SS.
    • Agreed Service Time for the Service is 24 hours per day/365 days per year less any Planned Downtime and any other time that the SLA states will not be included in the calculations of Availability.
    • API Key means a unique alphanumeric identifier for use by the Customer only which facilitates access to the Service.
    • API Services has the meaning set out in clause 1.2 of the Agreement.
    • Availability means the percentage of Agreed Service Time when the Service is fully available each month, calculated as follows:
      = 100 x (Agreed Service Time - Downtime) / Agreed Service Time
      However, for the purpose of calculating Availability, time related to a test environment made accessible under the Agreement is excluded.
    • Batch Transaction means bulk address validation of an address dataset.
    • Burst means a number of requests per second for a few consecutive seconds, as determined by SS.
    • Business Day means any day that is not a Saturday, Sunday or public holiday in the State of New South Wales or any other notified closedown period as communicated by SS.
    • Business Hours means between 8.30am and 4.30pm AEST or AEDT on a Business Day.
    • Change means the addition, modification or removal of anything that could have an effect on the Service.
    • Customer means the NSW Government Agency entering into the Agreement.
    • Degraded means NSW Point fails to provide a correct response to an address verification function call to an acknowledged address in less than 20 seconds.
    • Downtime means time when the Service is unavailable, or Degraded but excludes such time which arises from your use of the Service, is beyond the reasonable control of SS or Geoscape, or is within your reasonable control.
    • End Users means the individuals the Customer permits to use the Service in its customer services and business processes.
    • Financial year means each period of 12 months commencing on 1 July.
    • Geoscape Data means data provided by Geoscape to SS as part of the API Services from time to time.
    • Geoscape Derived Material means any derived material created or developed using Geoscape Data.
    • Intellectual Property Rights means all intellectual property rights including:
      • (a) copyright, patent, trade mark, design, semi-conductor or circuit layout rights, confidential information, or related rights, existing world-wide; and
      • (b) any rights to apply for, register, use or otherwise exploit any of those rights.
    • Mailpoint APIs means the APIs used to access the Mailpoint Service.
    • Mailpoint Service means the service designed for the validation of addresses used in mail delivery.
    • Nominated Contacts are key personnel identified by the Customer to serve as primary liaisons between the Customer and SS for technical support as described in the Service Level Agreement. The Customer's Nominated Contacts will be responsible for (i) overseeing the Customer's support activities; and/or (ii) developing and deploying troubleshooting processes for the Customer.
    • NSW Government Agency means any Government department, State Authority, Government Business Enterprise or State-owned corporation that is subject to the Government Sector Audit Act 1983 (NSW).
    • Party means a party to this Agreement and Parties means both of them.
    • Personal Information means:
      • (a) information or an opinion about an identified individual (that is, a natural person) or an individual who is reasonably identifiable whether the information or opinion is:
        • (i) true or not; and
        • (ii) recorded in a material form or not; and
      • (b) information defined as such under applicable Privacy Legislation.
    • Planned Downtime means any period when the Service is not available to allow for maintenance, upgrades or testing. These will be scheduled and notified to the Customer in writing by SS.
    • Priority of an incident or Service Request means how quickly an incident or Service Request should be resolved and the greater the Severity, the more likely a higher Priority will be assigned.
    • Privacy Legislation means the Privacy Act 1988 (Cth) and the Privacy and Personal Information Protection Act 1998 (NSW) and includes all regulations, directions, guidelines and codes of practice made under those Acts.
    • Service means the services described at https://point.digital.nsw.gov.au/v3/docs/index.html as varied from time to time in accordance with this Agreement. Where appropriate to the context, a reference to Service includes any part of the Service.
    • Service Level Agreement or SLA means the provisions set out in the Schedule.
    • Service Request means a request for information or advice on use of the Service or for access to additional functions or other services delivered through API Services.
    • Severity of an incident or Service Request means the degree to which an unresolved incident or Service Request affects or potentially affects the Customer or its End Users.
    • Term means the period described in clause 3.
14. Interpretation
    • 14.1. Except where a contrary intention appears:
      • (a) A reference to any type of legislation is to that legislation as amended, consolidated, re-enacted or replaced, and includes any subordinate legislation issued under it.
      • (b) A reference to a person which has ceased to exist or has been reconstituted, amalgamated or merged, or other functions of which have become exercisable by any other person or body in its place, will be taken to refer to that other person or body.
      • (c) If a word or phrase is given a defined meaning, other parts of speech and grammatical forms of that word or phrase have a corresponding meaning.
      • (d) Words in the singular include the plural and vice versa.
      • (e) References to 'person' or 'persons' will be taken to include any natural or legal person.
      • (f) A reference to a group of persons is a reference to all of them collectively and to any two or more of them collectively and to each of them individually.
      • (g) References to 'month' refer to a calendar month, and a 'year' means a period of twelve consecutive months.
      • (h) Headings are for convenience only and do not affect the interpretation of this Agreement.