Terms and Conditions

for the use of FishOnline applications including FisherDirect, FisherMobile and AquaDirect (“Terms”)

General

1. By using or accessing FishOnline, you (the user, your authorised agent and any person/organisation you represent) accept and agree to comply with these Terms.

2. You will regularly check for updates to these Terms as we amend them from time to time.

3. You will provide true and correct information to the best of your knowledge through FishOnline. We may take action against you under the Fisheries Management Act 1994 for submitting any false or misleading information.

4. You will use the following applications to make and submit records under the relevant Fisheries Management Act 1994 sections:

a. FishOnline – FisherDirect and Fisher Mobile: sections 121(3), 122(3), 122A(2), 124A(1), 124A(2), 124A(3), 127E(3) and 127EA(3)

b. FishOnline – AquaDirect: section 153

5. You will give us Notice of any discrepancies in any information you provide to us.

6. You agree to receive electronic notices from us.

7. You are responsible for FishOnline activity using your Username/Registration number identification and/or Password/PIN/Passphrase.

8. You must not use FishOnline alone to make any business decisions.

9. 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.

10. You will pay any fees for using FishOnline.

11. We may use FishOnline to advertise other products or services or ask you to participate in a survey.

12. We may add or remove services from FishOnline at any time and additional terms and conditions may apply to any added service.

13. The Terms include the Privacy, Copyright and Accessibility conditions on the Site.

Restrictions and Termination of access to FishOnline

14. We may refuse access, prevent use or future use to any person at any time.

15. We may restrict, suspend or terminate your access to FishOnline at any time without notice:

a. if you breach any of these Terms;

b. in the event of a security breach; or

c. at any other time.

16. We are not responsible for any loss you suffer as a result of your access being restricted, suspended or terminated.

17. You must give us Notice if you wish to cancel or close your FishOnline account.

Access and accuracy

18. We will use reasonable efforts to ensure FishOnline is available for you when required.

19. We cannot guarantee there will not be any interruptions while you are using FishOnline.

20. We cannot guarantee the accuracy, completeness, or currency of the information displayed on FishOnline.

Security

21. You must change your Password/PIN/Passphrase on first use.

22. You are responsible for keeping your FishOnline account secure.

23. You must immediately notify us of any unauthorised use of your FishOnline account.

Inaccuracies and disputes

24. If you believe any FishOnline transaction is wrong or unauthorised, you must notify us immediately.

25. You must keep a record of all FishOnline transaction reference numbers.

Liability

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

a. any system failure or interruption to FishOnline or the Site;

b. any inaccuracy, corruption of data, errors or omissions resulting from any failure of your Ancillary Equipment;

c. any inaccuracy, corruption of data, errors or omissions resulting from any failure by you to properly protect you Password/PIN/Passphrase or the use of your Password/PIN/Passphrase by another person;

d. the appointment of an agent to act on your behalf; or

e. any termination or restriction of your FishOnline account.

Agents

27. If you appoint an agent to make FishOnline transactions on your behalf, you must provide us with Notice of your authorised agent’s details.

28. You are legally bound by your authorised agent’s completed transactions, or any acts or omissions.

29. You have the option of setting the level of access the authorised agent has to each function in FishOnline. If you provide your agent with access to the Manage Agent permission, you empower your agent with the ability to sub-delegate access to your account to other agents.

Jurisdiction

30. The laws of New South Wales govern these Terms.

Definitions and Interpretation

Any reference to "us", "we" or "our" is a reference to NSW DPI Fisheries a division of the Department of Primary Industries within Regional NSW representing the Crown in right of the State of New South Wales located at Ground Floor, 5 O'Keefe Avenue, NOWRA NSW 2541.
Any reference to 'you' or 'your' is a reference to the person agreeing to these Terms.
Capitalised terms have the meaning given to them in the Definitions.
"Ancillary Equipment" means any equipment (including a personal computer, telephone or mobile device such as a smartphone or iPad) we specify that you need to use FishOnline.
"FishOnline" is an online self-service business system accessed through the internet using Ancillary Equipment and includes the FisherDirect, FisherMobile and AquaDirect 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.

“AquaDirect” is an online self-service business system providing aquaculture lease and permit holders and/or their agents with access to business information and transactions.
"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.

“Passphrase” means the required character combination phrase that AquaDirect uses to authenticate your identify and provide access approval.
"PIN" is your personal identification number which allows you to use FisherMobile.
"Registration Number and/or Customer 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 and/or AquaDirect.

Terms and Conditions for the use of the FishOnline – FisherDirect Noticeboard (“Terms”)

1. This Site is owned and operated by NSW DPI Fisheries a division of the Department of Primary Industries within Regional NSW representing the Crown in right of the State of New South Wales located at Ground Floor, 5 O'Keefe Avenue, NOWRA NSW 2541.

2. By browsing or publishing Advertisements on the FishOnline Noticeboard, you accept and agree to comply with these Terms.

Conditions of Use for the Publisher

3. We monitor this Site to assess currency of the Advertisements and compliance with these Terms.

4. You consent to us monitoring your Site activity and assessing your Advertisement.

5. You agree to us taking any necessary action we specify for any Advertisement that we consider breaches the Terms of use.

6. Your published Advertisement must be lawful and comply with all applicable Australian laws.

7. Your Advertisement must contain a true, accurate, and complete description of the item that you wish to buy or sell.

8. Your Advertisement(s) must be current.

9. Your Advertisement(s) must NOT:

a. be false, inaccurate, not current, incomplete, misleading or deceptive;

b. be fraudulent;

c. involve the sale of stolen items;

d. violate any applicable law, statute, ordinance or regulation (including but not limited to those governing consumer protection, unfair competition, criminal law, anti-discrimination, trade practices and fair trade laws);

e. be defamatory, libellous, threatening or harassing;

f. be obscene, malicious, contain any inappropriate or unlawful material;

g. contain any prohibited content;

h. bring the Site into disrepute;

i. contain links to or promote other websites or lists of other items for sale; or

j. be used to gather information or conduct surveys of any kind.

10. You may only place one Advertisement for each item.

11. You must not knowingly place Advertisements into the wrong category.

12. You must not post the same item in such a way as to monopolise the 'What's New for Sale and Trade' list on the homepage.

13. You will remove your Advertisement if you no longer wish to sell or buy the item.

14. You will delete your Advertisement from the Site as soon as practicable after the sale or purchase of an item.

15. You must be at least 18 years of age to publish an Advertisement to this Site. Your Parent or Guardian may post the content on your behalf and must be listed as the primary contact.

Browser Conditions of Use

16. You will not stalk or harass a Publisher.

17. You will only contact a Publisher to express genuine interest in purchasing from their Advertisement or selling your item in response to an Advertisement;

18. You must not use the Site to gather information or conduct surveys of any kind.

19. You must not collect or store personal data about other users.

20. We do not provide or endorse any Site content as all content is provided by third parties.

21. We only provide the Site to host the Advertisement and do not warrant or guarantee the currency, reliability or accuracy of any of the published Advertisements.

22. You must make your own direct inquiries with the Publisher and seek your own independent advice to determine the reliability and accuracy of the information posted.

23. We are not responsible for any loss arising from use of information advertised on this Site.

24. You consent to have your system activity logged by us for monitoring, statistical and interrogative purposes.

25. We operate this Site on an “as is” and “as available” basis, without any representations or warranties.

Expiry of Advertisements

26. We will delete Advertisements after 60 days from the original posting date, unless you have specified an earlier expiry date at the time of posting.

27. Unless you alter the expiry date during the editing process, editing or updating an Advertisement does not affect the expiry date.

28. Advertisements will remain on display on the Site during the time period specified, unless you delete it earlier or we remove it.

29. 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

30. We reserve the right to delete any Advertisement which:

a. breaches these Terms (including from any assessments made arising from complaints received);

b. we consider to be unacceptable; and

c. are advertised in the correct category.

31. Once we delete an Advertisement it cannot be restored.

32. 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.

33. Serious breaches will be referred to the appropriate agencies.

34. We reserve the right to determine the period of suspension for a suspended account as we deem appropriate.

Changes to Terms and Conditions

35. We may update the Site or the FishOnline - Noticeboard service provided to you without notice.

36. The current Terms are displayed on the Site at all times.

37. We recommend you read these Terms regularly.

Security

38. Whilst we endeavour to provide a secure website, we cannot promise that the Site is virus or fault free.

39. You will need to make your own assessment of the potential risks to the security of your information when deciding whether to use this Site.

40. We take responsibility for the timeliness, deletion, or failure to store any user communications or Advertisement details.

Definitions

'Us' or 'We' is a reference to NSW DPI Fisheries a division of the Department of Primary Industries within Regional NSW representing the Crown in right of the State of New South Wales.
'Advertisement' refers to the 'Wanted to Buy' or 'For Sale' advert posted on the Siteby the Publisher, and any information the Publisher provides in the notice.
'FishOnline Noticeboard' means the real time Noticeboard that facilitates the For Sale and Trade of Advertisements in FisherDirect.
'Publisher' refers to the person (and/or their agents) who publish and/or update 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).

Accessibility

We continuously assess 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.

Copyright Information

View our Copyright statement