Manage fishing permits and catch returns: terms and conditions

Welcome to the Welsh Government Marine and Fisheries Division’s online service for the management of fishing permits and catch returns (the “Service”). The Service is designed to enable you to apply for and manage fisheries permits online and to submit catch returns data to us. Additional services and features may be added to the Service in the future. 

The Service can be accessed by registering or logging in using the GOV.UK One Login at Manage fishing permits and catch returns (or such other website address as we may use in the future) (the “Website”).

These terms and conditions (“Terms”) set out the terms of use which you agree to when you use the Website and the Service. Please read these Terms carefully before you start to use the Website and the Service. By accessing the Website or registering to use the Service you are agreeing to be bound by these Terms (and in particular you agree and accept the disclaimers and limitations of liability contained in these Terms). If you do not wish to be bound by these Terms, please refrain from using the Website or accessing the Service. 

Please note that all individuals accessing the Service are bound by these Terms.

You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party. 

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period. 

You must login or register in order to access and use the Service. 

You can register to use the Service on behalf of a business or an organisation. 

You can register to use the Service via the GOV.UK One Login service. You must agree to accept any terms and conditions applicable to your use of the GOV.UK One Login service, including in relation to the authentication and storage of your registration details. Following registration, you will be able to login to access the Service.

By registering to use the Service, you represent and warrant that you have the right, authority and capacity to use the Website and the Service and to agree to be bound by these Terms. If we discover or have any reason to believe that you do not have the right, authority and capacity to use the Website and the Service or to be bound by these Terms we may, at our discretion, suspend or terminate your registration or your ability to access the Service immediately and without any notice to you.

In consideration of your being allowed to register to use the Service, you agree:

(a) to provide true, accurate, current and complete information about yourself and your business or organisation and

(b) to promptly notify us of any change to any information you have provided to us so as to keep the information held by us accurate, complete and up to date.

You are responsible for making all arrangements necessary for you to have access to the Service. You must ensure that you keep all relevant passwords and security information secure and take all reasonable steps to safeguard them.

You must take all necessary steps to ensure that no person other than the individuals involved in your business and authorised to access the Service are able to do so. If you suspect that any other person has used or is using your registration details or passwords you must notify us immediately.

You are also responsible for:

(a) ensuring that all persons who access the Service through your internet connection are aware of these Terms, and that they comply with them; and 

(b) your actions in accessing and using the Service or the actions of those persons accessing and using the Service on your behalf.

You must ensure that you, or those persons accessing and using the Service on your behalf, do not make any part of the Service relating to you or your business available to any third party except as permitted under these Terms. 

You must exercise all due care and attention when selecting any person to act on your behalf in accessing and using the Service.

You are responsible for ensuring that:

(a) any persons accessing and using the Service on your behalf act at all times within your authority;

(b) all information submitted by you or on your behalf is complete, up to date and submitted in accordance with any guidance issues by the Welsh Government’s Marine and Fisheries Division;

(c) you, and any persons accessing and using the Service on your behalf, exercise all due care, skill and attention in completing and submitting any information via the Service, ensuring the accuracy of information provided;

(d) you, and any persons accessing and using the Service on your behalf, promptly supply any additional information, supporting documentation or clarification requested by the Welsh Government’s Marine and Fisheries Division;

(e) you (and any persons accessing and using the Service on your behalf) adhere to any and all audit requirements relating to your use of the Service.

You acknowledge and agree that you shall be ultimately responsible for the content and administration of any information submitted on your behalf. 

You are responsible for ensuring that your information technology, computer programs, and platform are configured in order to access the Service. Notwithstanding our obligations, you should use your own virus protection software. 

You must not: 

(a) impersonate another user of the Service; 

(b) use the Website or the Service to conduct any fraudulent activity; 

(c) access or attempt to access accounts belonging to other users of the Service;

(d) interfere with or attempt to interfere with any security measures belonging to or relating to the Website. 

Any information or materials posted, published or transmitted by you or on your behalf on or through the Service or the Website must not: 

(a) be capable of being threatening, obscene, harmful, defamatory, pornographic or otherwise unlawful or 

(b) violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or 

(c) cause distress or inconvenience; or 

(d) express opinions that others may find vulgar, crude, sexist, racist or otherwise offensive or 

(e) be otherwise illegal. 

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using the Service or the Website in any of the ways set out above. 

We are not responsible for any information which is written by you or third parties and posted on or transmitted via the Website and we give no endorsement of such information. We reserve the right to edit, refuse to post or to remove any information from the Website in our absolute discretion. Failure by us to remove particular information shall not constitute an endorsement or acceptance of it by us. 

Any information uploaded on to the Website as part of the Service shall be stored in your online account. You are responsible for reviewing all such information and informing us of any inaccuracies or omissions. 

We cannot provide access to the Service at all times, and we do not store documents indefinitely. We recommend that you maintain a suitable record keeping practice and keep your own copies of all documentation submitted via the Service or the Website. You agree that we have no responsibility or liability for the deletion or failure to store any information, messages and other communications maintained or transmitted as part of the Service. 

We will exercise all reasonable care and efforts when: 

(a) compiling and placing content on the Website;

(b) making the Website available; 

(c) trying to ensure that any software and data files supplied to you as part of the Service are virus-free; 

(d) trying to ensure that the Service is continuous and that any interruptions to access to the Website by any event within our control are kept to a minimum; and 

(e) securing any personal data supplied by you, individuals involved in your business or agents

but we are not providing any warranty in relation to the above. 

Content posted on the Website is not intended to amount to professional or specialist advice on which reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Website.

We will endeavour to perform regular maintenance of the Website including an update of the Service. Please note that the Service shall be unavailable during such times. We will use reasonable endeavours to inform you of any planned downtime that may affect the accessibility of the Service.  We make no guarantees in relation to the general availability of the Service. 

We will use reasonable endeavours to ensure that any information, data and/or materials submitted by you, or on your behalf, to the Website or as part of the Service is maintained securely and is properly backed up. In the event of any loss or damage to such information, data and/or materials, your sole and exclusive remedy shall be that we shall use best endeavours to restore the lost or damaged information, data and/or materials from the most recent back up of such information, data and/or materials. We shall not be responsible for any loss, destruction, alteration or disclosure of your information, data or materials caused by any third party.

Some parts of the Service require a fee to be paid. Payment of any fees shall be made using a link to Gov.UK Pay via an API and payment is collected via this service. Any notifications that are sent to a user in relation to this service are sent using Gov.UK Notify. Both Gov.Pay and Gov.Notify are UK Government services built by Government Digital Service (GDS). You must comply with the relevant terms and conditions of those websites and any other requirements of the GDS.

The material featured on the Website is subject to Crown copyright protection unless otherwise indicated. The Website is published under the Open Government Licence v3.0, and you can reproduce information from the Website (not including logos) as long as you obey the terms of that licence. However, please note that some information published on the Website is excluded from the Open Government Licence. 

The permission to reproduce Crown protected material does not extend to any material on the website which is identified as being the copyright of a third party, or subject to any other third party proprietary rights, and authorisation to reproduce such material must be obtained from the rights holders concerned. 

The use of any names and logos relating to the Service or the Welsh Government is restricted and may not be used by other individuals or organisations without formal permission from us.

You warrant that: 

(a) you have the requisite right, authority and capacity to use the Website and the Service and to be bound by these Terms and 

(b) all information and details provided by you (or on your behalf) to us (including as part of the Service) are true, accurate and up to date in all respects and at all times and 

(d) you will comply with these Terms including, without limitation, your obligations.

You expressly understand and agree that your use of the Website and its content, including the Service is at your own risk. We are providing the Website and the Service on an “as is” and "as available" basis and make no representation or warranties of any kind with respect to the Website or the Service including without limitation as to the accuracy, timing, reliability, completeness or suitability for any purpose of information contained therein. 

To the maximum extent permitted by law, we hereby expressly exclude: 

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website or the Service, any websites linked to it and any materials posted on it, including, without limitation, any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, damage to software or hardware, loss of goodwill, claims by third parties, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 

You agree to indemnify and hold us harmless from any claim or damages (including legal fees in relation to the same) made by a third party in respect of any matter relating to or arising from your use of the Website or the Service or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.

You may cancel your registration for the Service at any time by following the directions provided on the Website. 

We reserve the right at any time and from time to time at our sole discretion and with or without notice: 

(a) to deny users access to the Website or any part of it and to decline to provide the Service to any user who is in breach of these Terms or 

(b) to modify or discontinue, temporarily or permanently, the Service (or any part of it) or your use of the Service. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service or 

(c) to cancel your registration or withdraw your right to use the Service (or any part of it). 

You agree that we shall not be liable to you or to any third party for any such cancellation or withdrawal.

Our rights under this paragraph are in addition and without prejudice to all our other rights and remedies under these Terms or otherwise.

The Welsh Government Marine and Fisheries Division takes its data protection responsibilities for the information you provide to us very seriously. To find out more about how we use and manage your personal data, please go to our privacy notice. 

We are subject to the laws governing access to information as set out in the Freedom of Information Act 2000 and other relevant legislation. 

While all the information that you provide to us is potentially disclosable, there are exemptions to disclosure that can protect confidential or commercially sensitive information. We will exempt from disclosure that information, where it can be evidenced that the information is genuinely confidential or where disclosure would be prejudicial to your, or our own, commercial interests and the overriding public interest is in applying the exemption. 

We will normally consult you, should we receive a request for the information you have provided. 

Notwithstanding the provisions above, we may disclose any information relating to you, which in our absolute discretion we consider we are required to disclose in accordance with the Freedom of Information Act 2000 or any other statutory requirements. 

We aim to update the Website and the Service regularly and may change the content at any time. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We reserve the right at any time without notice to revise, modify, alter or update the Website, the Service or these Terms and you agree to be bound by such modifications, alterations or updates which are posted on the Website. By continuing to use the Website following the posting of any such modifications, alterations or updates, you will signify that you agree to be bound by those revisions. You are responsible for regularly checking these Terms and the Website for any modifications, alterations or updates.

If the need arises, we may suspend or terminate access to the Website or the Service.

We may from time to time provide links from the Website to other websites and resources provided by third parties. We will not be liable in any way whatsoever and we make no representations, warranties, recommendations or endorsements in connection with the availability of any such third party website or any content, advertising, products or services on or available from such websites. 

By offering you the links referred to above, we do not either impliedly or expressly endorse anything contained on such websites or confirm any association with the operators of such websites. We expressly exclude liability for any inaccurate, offensive, defamatory or obscene content which appears on these third party websites.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the Service, the server on which they are stored or any server, computer or database connected to them. You must not attack the Website via a denial of service attack or a distributed denial of service attack. 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and the Service will cease immediately. 

We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or the Service or to your downloading of any material posted on it, or on any website linked to it. 

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link to the Website from any website that is not owned by you. 

The Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. 

If you wish to make any use of material on the Website other than that set out above, please submit an enquiry to MilfordHavenFisheriesOffice@gov.wales. 

These Terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or use of the Service.

We may revise these Terms at any time by amending this page. You are expected to check the Terms from time to time to take notice of any changes we made, as they are binding on you. Continued use of the Website and the Service after a change has been made is deemed to be your acceptance of the change. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website. 

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control. We shall not be liable for any failure, suspension or termination of access to the Website or the Service arising out of a force majeure event, or resulting from acts or regulations of any governmental or supra-national authority or if our servers are not working. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.

No failure or delay by us to exercise any right or remedy under these Terms shall operate as a waiver of any such right or remedy or preclude its further exercise or the exercise of any other right or remedy. 

Section headings are included for convenience only and shall not affect the interpretation of these Terms. 

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, it shall be deleted and the remaining terms and conditions shall continue in full force and effect. 

Nothing in these Terms (as amended by us from time to time) shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy of a third party which exists or is available apart from under that Act. 

If you have any concerns about any aspect of the Website or the Service, or if you have any questions or would like to provide other feedback, please submit them by contacting MarineEvidenceandTech@gov.wales.