By clicking “I agree” below you are consenting to conducting this and any subsequent online transactions with the Jamaica Civil Aviation Authority (JCAA) electronically and agreeing to be bound by the JCAA eServices Terms and Conditions, set out below and all policies, guidelines, rules and disclaimers referenced therein, or otherwise posted or updated on our websites/applications or sent to you.
JCAA eSERVICES TERMS AND CONDITIONS
1.1 These Terms and Conditions govern the use of the JCAA’s websites for the services offered (“the JCAA eServices”) and constitute an agreement made and entered into by and between the Jamaica Civil Aviation Authority (“JCAA”) and the potential/existing customer (“you”) for the term provided in Clause 1.2. These Terms and Conditions must be read together with any other terms and conditions governing the applicable service. Where there is any conflict or inconsistency between the two, the terms and conditions applicable to the service shall prevail over these Terms and Conditions, to the extent of any such conflict or inconsistency.
1.2 The agreement constituted by these Terms and Conditions shall commence on the date that you agree to be bound by same provided in Schedule 1 hereto and shall continue unless and until terminated as provided herein.
2. THE JCAA eSERVICES
The JCAA eServices allow individuals to use their personal computer or other similar electronic devices to access and or participate in services offered by the JCAA. With the JCAA eServices, you will be able to:
2.1.1 apply for select services;
2.1.2 view and apply for employment, procurement and other opportunities;
2.1.3 register and participate in training exercises and exams;
2.1.4 apply for licences/permits;
2.1.5 pay publication and other fees using a debit/credit card;
2.1.6 set up and maintain an online account;
2.1.7 notify the JCAA of related matters;
2.1.8 make changes to an existing application;
2.1.9 upload and download documentation;
2.1.10 make arrangements for the delivery or pick up of documentation;
2.1.11 advise the JCAA of an accident;
2.1.12 perform exercises necessary for regulatory compliance; or
2.1.13 conduct such other services as the JCAA may from time to time make available to you via the JCAA eServices.
3. ONLINE ACCOUNT
3.1. Your access to JCAA eServices shall be conditional upon your establishing a JCAA online account (“the Online Account”) via accessing our websites.
3.2. You will receive an SMS/text message or e-mail from the JCAA confirming your having established an Online Account for the use of the JCAA eServices.
3.3. You shall be solely responsible for keeping your password and other login credentials for your Online Account secure and shall be solely responsible for all purchases, acquisitions, services requested and other transactions conducted through the Online Account registered in your name.
3.4. Any transaction utilising the JCAA eServices emanating from the Online Account registered in your name shall be deemed to be a transaction conducted by you and /or your principal on whose behalf you act.
3.5. Should you lose your password and other login credentials for your Online Account or have reasonable cause to believe that the same have been stolen or that an attempt has been made to use the JCAA eServices through your Online Account without your consent, you must notify the JCAA within forty-eight (48) hours of forming the above view by contacting the JCAA at the telephone numbers provided in Clause 17.
3.6. The JCAA shall not be responsible for any losses suffered by you arising from the unauthorised use of your Online Account.
4. REQUIREMENTS TO ACCESS THE JCAA eSERVICES
4.1. In order to access the JCAA eServices, you may be required to do and/or have all or some of the following:
4.1.1 have an internet connection and a personal computer or similar electronic device that is able to connect to the internet;
4.1.2 have a Visa or MasterCard debit/credit card;
4.1.3have the following documentation in a legible electronic form for upload:
- Current and valid government issued photo ID (Passport, Driver’s License or National ID);
- Tax Registration Number (TRN); and
- Any other documentation that may be required by the JCAA from time to time;
4.1.4 complete all information required by the JCAA to be completed to conduct your transaction;
4.1.5 provide an e-mail address at which you may be contacted.
4.2. If any service to be paid for by you via JCAA eServices will be in the name of more than one person, these Terms and Conditions shall apply to you and to the other such person(s), jointly and severally.
5. USE OF JCAA eSERVICES
5.1. Subject to Clause 5.2 and to the carrying out of maintenance work on the JCAA’s equipment and systems required for operation of the JCAA eServices, the JCAA eServices shall be available to be accessed by you twenty-four (24) hours per day and seven (7) days per week.
5.2. The JCAA does not guarantee, represent or warrant that your access to the JCAA eServices will be entirely uninterrupted, error-free, secure, timely or operable at all times
5.3. Your access to the JCAA eServices may be affected because of:-
5.3.1 outages to any public internet, networks or servers;
5.3.2 failure of your application software, equipment, systems or local access services; or
5.3.3 the occurrence of events beyond the JCAA’s control as described in Clause 14.
5.4. You acknowledge that your access to the JCAA eServices via the internet is through your network service provider and that your access to the JCAA eServices will be subject to the network service provider’s terms and conditions of service.
5.5. You acknowledge that in cases which involve or require the consent or approval of third parties, the JCAA’s obligations to perform any instructions shall be subject to such consent and approval.
5.6. Subject to the provisions of the JCAA’s Electronic Communication Policy, which are incorporated herein by reference, you agree to have the JCAA electronically deliver to you documents, records and information regarding any service purchased by you online as follows:
5.5.1 delivered to the e-mail address provided under Clause 4.1.5; or
5.5.2 made available through your Online Account.
5.7. The JCAA reserves the right without notice or liability to establish, introduce or vary limits for the use of JCAA eServices including limits on the number of transactions that may be carried out within a designated period by any particular user or in respect of any particular Online Account.
5.8. The JCAA reserves the right to change or suspend JCAA eServices at any time as it sees fit.
6. ONLINE PAYMENTS
6.1. Payments via JCAA eServices shall be by way of a Visa or MasterCard debit/credit card and you will be required to enter the necessary debit/credit card information to facilitate such payments.
6.2. Once you enter your debit/credit card information, the JCAA is automatically authorised to request payment from your bank for the amount of the transaction. If the payment is received by the JCAA, your bank will confirm to the JCAA that the payment was completed. If the payment is not received by JCAA, your bank will advise the JCAA that the payment has failed.
6.3. If your payment fails as described in Clause 6.2:
6.3.1 you will not be provided with the relevant service;
6.3.2 the transaction which you initiated will be incomplete; and
6.3.3 you will have to use a different debit/credit card or arrange payment at a JCAA location as the JCAA will only make one (1) attempt to obtain the payment online.
6.4. If a payment is received, the JCAA will provide you with an electronic receipt at the time of receipt of same and will confirm your payment details subsequently via e-mail.
6.5. Online payments are subject to such terms and conditions of the bank which issued the debit/credit card used to make the payment, as shall apply from time to time.
6.6. You acknowledge and agree that the JCAA shall not be responsible or liable for any delay or failure to effect a payment which you attempt to make where the bank which issued the debit/credit card used to effect same has delayed, rejected, refused or is otherwise unable to process such payment.
7. INABILITY OR REFUSAL TO PROCESS TRANSACTIONS
7.1. The JCAA may be unable to process or complete a transaction, may terminate your access to JCAA eServices or may refuse to provide a quote/statement or process any payment/transaction for any reason, including but not limited to the following:
7.1.1 The malfunctioning of the system for executing payments;
7.1.2 Provision to the JCAA of incomplete and/or incorrect information, including your debit/credit card information;
7.1.3 Uploading documents which are illegible;
7.1.4 The failure of hardware, software or telecommunications equipment utilised to effect the payment;
7.1.5 The necessity of the JCAA to comply with any laws, regulations or directives;
7.1.6 The negligence, omission, delay or misconduct of a third party;
7.1.7 The occurrence of factors or circumstances beyond the JCAA’s control, including but not limited to the force majeure factors or circumstances described in Clause 13.
7.2. To the extent permitted by law, the JCAA shall not incur any liability whatsoever where it is unable to process or complete any transaction, terminates your access to JCAA eServices or refuses to provide a quote or process any payment/transaction for any reason, including in particular, for any of the above reasons set out in Clause 7.1.
8. TRANSACTION CONFIRMATION
Confirmation of all JCAA eServices transactions will be sent electronically by the JCAA to the e-mail address you provided under Clause 4.1.5 and shall include particulars such as a description of the relevant transaction, the date of the relevant transaction and the dollar amount of the relevant transaction.
9. SERVICE FEES AND CHARGES
9.1 The JCAA reserves the right to charge fees for JCAA eServices. By agreeing to these Terms and Conditions, you agree to pay all such fees and charges if and when applicable and you hereby authorize the JCAA to include the amount for such fees and charges in the amount charged to your debit/credit card.
9.2 All fees and charges shall be charged in Jamaica Dollars unless otherwise advised.
11. LIMITATION OF LIABILITY
11.1. To the extent permitted by law and subject to provisions herein and all other applicable policies, guidelines and rules, the JCAA shall not be liable for any damages, losses, costs or expenses which may be incurred by you or any third party arising from use of the JCAA eServices or these Terms and Conditions, unless such damages, losses, costs or expenses were solely and directly as a result of the JCAA’s gross negligence or willful misconduct. Any entitlement hereunder to recover damages shall be limited to actual damages.
11.2. In no event shall the JCAA be liable for special, indirect, consequential, exemplary or punitive damages including without limitation, lost profits or attorneys' fees incurred, even where the JCAA is aware of the possibility of such damages.
11.3. The JCAA shall not be liable or responsible for any inaccuracies, errors, failures, malfunctions, delays, costs, expenses, damages, losses or injury arising directly or indirectly from hardware, software, computer-related equipment, telecommunications systems operated or controlled by the JCAA, a third party or yourself or from any problems associated with viruses or other forms of malware, electricity supply problems, your system being compromised by a third party or otherwise.
11.4. The JCAA does not give any express or implied warranties or make any representations concerning the suitability of JCAA eServices for any particular purpose, concerning the software, hardware or browsers used by you or concerning the non-infringement of third party proprietary rights.
11.5. The JCAA shall endeavour to provide satisfactory and reliable service in accordance with these Terms and Conditions.
11.6. To the extent permitted by law, the JCAA shall not be held liable for transactions using the JCAA eServices which are conducted in circumstances of fraud, theft or by means of intimidation, force or trickery. You agree to report any transaction taking place in any such circumstances to the JCAA within twenty-four (24) hours of the same coming to your attention in order to minimize prospective losses to persons including yourself and to cooperate fully with the JCAA and all relevant organizations in respect of any subsequent investigations related thereto.
You agree to indemnify and hold harmless the JCAA, its employees and agents in the event of any loss or damage suffered by you resulting from a breach of these Terms and Conditions including where the JCAA acts on instructions received via an e-mail from you from the address provided under Clause 4.1.5.
13. FORCE MAJEURE
The JCAA shall be released from its obligations hereunder in the event of national emergency, riot, war, industrial disputes, strikes, prohibitive government regulation or order, fire, storm, flood, earthquake or other Act of God, utility, communication or transportation delays or failures; or if any other cause beyond the control of the JCAA renders performance of its obligations in respect of the JCAA eServices impossible.
14. TERMINATION AND CONSEQUENCES OF TERMINATION
14.1 These Terms and Conditions and the provisions of the JCAA eServices may be terminated by the JCAA upon providing fourteen (14) days’ notice to you, save that the JCAA may terminate same immediately upon written notice if you are in breach of any of these Terms and Conditions.
14.2 Upon the termination provided for in Clause 14.1 being effected, then –
14.2.1 The JCAA will cease providing the JCAA eServices to you.
14.2.2 You will not be entitled to a refund of any fees paid up until the time of termination.
14.2.3 Any unpaid fees and charges in respect of the JCAA eServices due and outstanding at the time of termination shall become immediately due and payable.
Your rights and obligations hereunder may not be assigned. The JCAA may however in its sole discretion assign or delegate any of its rights and obligations hereunder to independent contractors or other third parties.
The JCAA reserves the right to amend these Terms and Conditions, inclusive of the services detailed at Clause 2. You agree to view and accept these Terms and Conditions, which may be amended from time to time by JCAA at its sole discretion, each time you access and use the JCAA eServices and your continued access or use of the JCAA eServices after any such amendments become effective will constitute your acceptance of the amended Terms and Conditions.
17. QUERIES AND ISSUES
In the event that you wish to raise any queries or clarify any issues relating to any transaction conducted in respect of the JCAA eServices, you must contact the JCAA as soon as possible via telephone at 876-960-3948; or via e-mail at email@example.com or such other contact information that JCAA may specify from time to time. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include debit/credit card information or other sensitive information in your e-mail correspondence with the JCAA.
This Agreement shall be governed by and construed in accordance with the laws of Jamaica and the parties hereto agree to submit to the exclusive jurisdiction of the courts of Jamaica in respect of any dispute or claim arising hereunder.
I/We warrant that:
- The statements made and particulars provided are true.
- I/We have not suppressed or misstated any fact.
- The documents provided are valid.
I/We desire to transact business/obtain services in accordance with the terms, conditions and exceptions of this Policy. I/We agree that any Application and Declaration and/or other Form(s) completed by me/us shall form part of this Contract between the JCAA and I/us and shall be deemed as incorporated in any service/transaction between us.
I/We further declare and agree that if the statements and particulars have been filled in by a person other than I/us, such person shall be deemed to be my/our agent for the purpose of filling in the appropriate Forms/information.
I/We further declare and agree that the I/we shall use the JCAA websites/applications and eServices for legitimate purposes only.
I/We understand and agree that:
- The JCAA may record and store all information on my/our account in such form and by such means as the JCAA deems fit.
- The JCAA may use the services of the Government of Jamaica, its subsidiaries and affiliates or any electronic data processing service provider in connection with the management of my/our account and related data.
- Save and except where I/we communicate an objection to the JCAA in writing, my/our personal information shall be shared as applicable, with the Government of Jamaica, JCAA’s subsidiaries and affiliates as well as any electronic data processing service provider mentioned above.
20. INCORPORATION OF TERMS
You acknowledge that by using the JCAA eServices, you have read and agree to be bound not only by the Terms and Conditions contained herein, but also by those set out in our Privacy Notice, Electronic Communications Policy and any other supporting guidelines, rules and documentation which are incorporated herein by reference or otherwise applicable, the terms of which you acknowledge and agree are commercially reasonable.