NSW Department of Primary Industries

Fish smart App Terms and Conditions

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Terms and conditions for the use of FishSmart NSW Application.

General

By using or accessing FishSmart NSW, you (the user) 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 FishSmart NSW, you are agreeing to the Terms and Conditions effective at that time.

You will use FishSmart NSW to provide catch logs that will be to the best of your knowledge, true and correct;

You are responsible for FishSmart NSW online activity using your Username and Password;

We may use FishSmart NSW to advertise other products or services or ask you to participate in a survey;

We can add or remove services from FishSmart NSW 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.

Data collection

You acknowledge the information provided by you will be collected by the Department of Primary Industries (DPI) for the purpose of researching and managing recreational fishing.

Images saved on catch log

Private - these images will stay on your phone and not be shared with anyone else.

Research - these images will be shared with DPI for the catch log function and will not be shared with anyone else.

Public - these images will be shared with DPI for the catch log function and may be selected for use on the FishSmart NSW App gallery.

By selecting "Public" when submitting catch logs, you, or if you are under 18, your parent or guardian:

  • provide(s) consent to the Department to use images which I have supplied to the Department for the purposes of being published in the public gallery of the FishSmart app;
  • understand (s) that the selection of these images are chosen at the Department’s discretion

Restrictions and Termination of access to FishSmart

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 FishSmart NSW at any time without notice:

  • if you breach any of these Terms and Conditions;
  • in the event of a security breach;
  • provide any material that is in any way inappropriate or unlawful; 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 request us to delete or close your FishSmart NSW account.

You acknowledge that if we or you terminate your account, all content will be inaccessible.

Access and accuracy

We will use reasonable efforts to ensure that FishSmart NSW is available for you when required, however, there may be periods of intermittency such as through loss of network, upgrades to the app and outages etc.

FishSmart NSW will be updated from time to time and it is required that a user always ensures their app is updated.

We cannot guarantee that:

  • there will not be any interruptions while you are using FishSmart NSW; or
  • the information displayed on FishSmart NSW is accurate, current or complete.

FishSmart NSW has a minimum operating system requirement. T the time of writing the requirement for the FishSmart app on Android OS is 5.0 and iPhone is iOS 11 and above

Security

You are responsible for keeping your FishSmart NSW account secure.

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 Industry.
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.

"Notice" means communication in writing between you and us, including by fax, email or post.
"Password" means the required character combination word that FishSmart NSW uses to authenticate your identity and provide access approval.
"Username" is the email address you provided to register for FishSmart NSW.

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 app. 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: June 2019

www.dpi.nsw.gov.au