Terms and Conditions

Terms and conditions for the use of FishOnline applications including FisherDirect, FisherMobile and FisherIVR

General

  • By using or accessing FishOnline, you (the user or intended user and any person/organisation you represent) accept and agree to comply with these Terms and Conditions, as updated by us from time to time without notice.
  • You agree:
    • to regularly check for updates to these Terms and Conditions, and
    • that when using or accessing FishOnline, you are agreeing to the Terms and Conditions effective at that time.
  • You must not submit any information through FishOnline that is false or misleading, and if you do so, action may be taken against you under the Fisheries Management Act 1994.
  • You will use FishOnline to provide us with information that will be to the best of your knowledge, true and correct;
  • You will use FishOnline to make and submit records under sections 121(3), 122(3), 122A(2), 127E(3) and 127EA(3) of the Fisheries  Management Act 1994;
  • You will give us Notice of any discrepancies in any information you provide to us;
  • You agree to receive notices electronically from us;
  • You are responsible for FishOnline activity using your Username/Registration number identification and/or Password/PIN;
  • You are bound by all acts or omissions of any authorised agent acting on your behalf;
  • You won't use FishOnline alone to make any business decisions;
  • You will use Ancillary Equipment to access FishOnline and are responsible for all charges relating to your Ancillary Equipment, including if you use it outside Australia;
  • You will pay any fees for using FishOnline;
  • We may use FishOnline to advertise other products or services or ask you to participate in a survey;
  • We can add or remove services from FishOnline at any time and additional terms and conditions may apply to any added service;
  • The Terms and Conditions include these terms, and the Privacy, Copyright and Accessibility conditions on the Site.

Restrictions and Termination of access to FishOnline

  • We may refuse to offer access or prevent use or future use to any person at any time.
  • We can restrict, suspend or terminate your access to FishOnline at any time without notice:
    • if you breach any of these Terms and Conditions;
    • in the event of a security breach; or
    • at any other time.
  • We are not responsible for any loss you suffer as a result of your access being restricted, suspended or terminated.
  • You must give us Notice if you wish to cancel or close your FishOnline account.

Access and accuracy

  • We will use reasonable efforts to ensure that FishOnline is available for you when required.
  • We cannot guarantee that:
    • there will not be any interruptions while you are using FishOnline; or
    • the information displayed on FishOnline is accurate, current or complete.

Security

  • You must change your Password/PIN on first use.
  • You are responsible for keeping your FishOnline account secure.
  • You agree to immediately notify us of any unauthorised use of your FishOnline account.

Inaccuracies and disputes

  • If you believe any FishOnline transaction is wrong or unauthorised, you must notify us immediately.
  • You must keep a record of all transaction reference numbers issued by FishOnline.

Liability

To the maximum extent permitted by law, we, our agents or nominated service providers exclude completely all liability for any claim, loss, or damage (including special, indirect or consequential loss and including loss of business profits), however caused arising out or in connection with:

    • any system failure or interruption to FishOnline or the Site;
    • any inaccuracy, corruption of data, errors or omissions resulting from any failure of your Ancillary Equipment;
    • any inaccuracy, corruption of data, errors or omissions resulting from any failure by you to properly protect your Password/PIN or the use of your Password/PIN by another person;
    • the appointment of an agent to act on your behalf; or
    • any termination or restriction of your FishOnline account.

Agents

If you appoint an agent to make FishOnline transactions on your behalf, you agree:

    • to provide us with Notice of your agent's details;
    • that any transactions completed on your behalf by your agent are legally binding;
    • that the agent agrees to be bound by these Terms and Conditions;
    • that you have the option of setting the level of access the agent has to each function in FishOnline; and
    • by providing your agent with access to the Manage  Agent permission that you empower your agent with the ability to sub-delegate access to your account to other agents.

Jurisdiction

The laws of New South Wales govern these Terms and Conditions.

Definitions and Interpretation

Any reference to "us", "we" or "our" is a reference to the Department of Trade and Investment, Regional Infrastructure and Services.
Any reference to 'you' or 'your' is a reference to the person agreeing to these Terms and Conditions.
Where words or terms appear in capital letters, they shall have the meaning given to them in the Definitions.
Unless otherwise required by the context, words importing the singular include the plural and vice versa.
"Ancillary Equipment" means any equipment (including a personal computer, telephone or mobile device such as a smartphone or iPad) specified by us that you need to use FishOnline.
"FishOnline" is an online self-service business system accessed by the internet using Ancillary Equipment and includes the FisherDirect, FisherMobile and Fisher IVR applications.
"FisherDirect" is an online self-service business system providing fishing business owners and fishers and/or agents with access to business information and transactions.
"FisherMobile" is a secure mobile application that enables you to report commercial fishing activity information using mobile devices such as smart phones and tablets/iPad.
"FisherIVR" is an Integrated Voice Response (IVR) system used to report real time fishing activity reports.

"Notice" means communication in writing between you and us, including by fax, email or post.
"Password" means the required character combination word that FisherDirect uses to authenticate your identity and provide access approval.
"PIN" is your personal identification number which allows you to use FisherMobile and/or FisherIVR.
"Registration Number" is the number allocated to you for identification purposes.
"Site" means the website you use to access FishOnline.
"Username" is the email address you provided to register for FisherDirect.

Terms and Conditions for the use of the FishOnline Noticeboard

This Site is owned and operated by Fisheries NSW, a Division of The Department of Primary Industries, located at NSW Government Office, Ground Floor, 5 O'Keefe Avenue, NOWRA  NSW  2541.
The following describes the terms and conditions on which we offer you access to browse and publish Advertisements on the FishOnline Noticeboard. By using this website you agree to these terms. If you do not accept the terms and conditions, do not use the Site.

Definitions

'Us' or 'We' is a reference to the Department of Trade and Investment, Regional Infrastructure and Services.
'Advertisement' refers to the 'Wanted to Buy' or 'For Sale' advert posted on the Site by the Publisher, as well as any information the Publisher provides in the notice.
'FishOnline Noticeboard' means the real time Noticeboard that facilitates the For Sale and Trade of Advertisements.
'Publisher' refers to the person (and/or their agents) who have published and/or updated an Advertisement on the Site.
'Site' means the website you use to access the FishOnline Noticeboard.
"You" will be used to refer to you (as either a Publisher or person searching and viewing Advertisements published on the Site).

Conditions of Use for the Publisher

We may monitor this Site to assess Advertisements to ensure currency and compliance with these conditions of use.
By using the Site you expressly consent to us monitoring and assessing your Advertisement. Monitoring includes the logging of your activity in the system. You further agree to us taking the counteractive action we specify for any Advertisement that we consider breaches the terms and conditions of use.
You are solely responsible for your Advertisement and are responsible for ensuring that the Advertisement is lawful and complies with all applicable laws in Australia.
You are responsible for ensuring that your Advertisement contains a true, accurate, and complete description of the item that you wish to buy or sell.
Your Advertisement(s) must be current and must NOT:

  • be false, inaccurate, not current, incomplete or misleading or deceptive;
  • be fraudulent or involve the sale of items you know to be stolen;
  • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
  • be defamatory, libellous, threatening or harassing;
  • be obscene, malicious or contain any material that is in any way inappropriate or unlawful;
  • contain any content that is prohibited or could bring the  Site into disrepute;
  • contain links to or promote other websites;
  • post links in your Advertisement to lists of other items for sale;
  • be used to gather information or conduct surveys of any kind.

Further, you agree to NOT:

  • place multiple Advertisements for the same item;
  • knowingly place Advertisements into the wrong category;
  • post the same item in such a way as to monopolise the 'What's New for Sale and Trade' list on the Homepage;
  • advertise the same item in two different Advertisements.

You are responsible for removing your Advertisement if you no longer wish to sell or buy the item. In addition, you agree to delete your Advertisement from the Site as soon as practicable after the sale or purchase of an item.
If you are a person under 18 years of age, you are not permitted to publish an Advertisement to this Site. Your Parent or Guardian may post the content on your behalf and in doing so, must act as the primary contact.

Conditions of Use for the Browser

By using this Site you agree not to:

  • stalk or otherwise 'harass' a Publisher;
  • contact a Publisher for any reason other than expressing genuine interest in purchasing their Advertisement or selling your item in response to an Advertisement;
  • use the Site to gather information or conduct surveys of any kind;
  • collect or store personal data about other users.

By using this Site you understand, acknowledge and agree that:

  • We operate the site on an "AS IS", "AS AVAILABLE" basis, without representations or warranties of any kind;
  • the content provided on this Site is solely third party content, which we have not provided and do not endorse.  We only act as a passive conduit for the Advertisement and therefore do NOT under any circumstance warrant or guarantee the reliability or accuracy of any of the published Advertisements on this Site;
  • you are responsible for making your own inquiries with the Publisher directly and for seeking your own independent advice to determine the reliability and accuracy of the information posted;
  • We will not be responsible for any loss to you that arises from using or taking action from information advertised on this Site.

By using the Site you expressly consent to have your activity in the system logged by us for monitoring, statistical and interrogative purposes.

Expiry of Advertisements

Advertisements on the Site will be automatically deleted from the Site after 60 days from the date of original posting, unless you have specified an earlier expiry date at the time of posting.
Unless you alter the expiry date during the editing process, editing (or updating) an Advertisement does not affect the date of expiry.
Advertisements will remain on display on the Site during the time period specified, unless sooner deleted by you or removed by us.
Once an Advertisement expires, is deleted or removed by you it cannot be restored. Should you wish to readvertise you will need to post a new 'Wanted to Buy'/'For Sale' Advertisement.

Termination

We reserve the right to delete any Advertisement which we consider breaches these terms and conditions (including from any assessments made arising from complaints received) or which we consider to be unacceptable including where we feel it is not in the correct category. Once an Advertisement is terminated, it cannot be restored.
If you breach any condition of use, your Advertisement(s) will be deleted from the Site and your access to posting further Advertisements will be suspended without notice.
Serious breaches will be referred to the appropriate agencies.
We reserve the right to determine the period of suspension for a suspended account as we deem appropriate.

Changes to Terms and Conditions

We may, without notice to you, update the Site from time to time or may vary the FishOnline Noticeboard service provided to you. A copy of the current terms and conditions will be displayed on the site at all times. We recommend you re-read these terms and conditions from time to time.
In addition, when using this Site you will be subject to all terms and conditions applicable to the services provided by this Site, which may be posted or updated from time to time.

Accessibility

We are continuously assessing our technology to ensure we provide users with continuous and uninterrupted access. Read more on our Accessibility page.

Specific Disclaimer

View our Disclaimer.

Privacy

Your privacy and the safeguarding of customer information is important to us. View our Privacy statement..

Security

Whilst we endeavour to provide a secure website, we cannot promise that the Site is virus or fault free. You will need to make your own assessment of the potential risks to the security of your information when deciding whether or not you should utilise this Site.  Furthermore, we assume no responsibility for the timeliness, deletion, or failure to store any user communications or Advertisement details.

Copyright Information

View our Copyright statement

Last updated: 21 Sep 2017