Terms of Use
Welcome to the Spectrum Management Authority (SMA) website. By accessing, browsing or using our website, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the website and information provided by Spectrum Management Authority, its subsidiaries and affiliates.
Spectrum Management Authority may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.
Scope of Terms
These Terms apply to Spectrum Management Authority website located at www.sma.gov.jm. These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on Spectrum Management Authority website, including without limitation, community forums, chat rooms, discussion sites, knowledge centres and service offerings information, both now and in the future.
Your use of the Website
Privacy Policy. Spectrum Management Authority Privacy Policy, as it may change from time to time, applies to collection and use of your information and is made a part of these Terms by this reference. You should read the Policy Statement in conjunction with these Terms.
- Definitions
In these Terms, unless the context otherwise requires:
“Charged Services” means services available online through this Website for which a charge is payable to Spectrum Management Authority and/or Spectrum Management Authority.
“Fees” mean the fees payable for the Charged Services as recorded in the schedule of fees for the relevant Charged Service on this Website.
“Intellectual Property” includes the design of, and all content appearing on this Website, trade marks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered.
“Username” means a form of identification a user of this Website uses, together with a password, to gain access to Charged Services and any other parts of this Website for which registration of the user is required.
- Confidentiality
Information available under the Charged Services may be subject to confidentiality obligations or requirements. Spectrum Management Authority retains the right to make any information confidential. You acknowledge and agree:
- Spectrum Management Authority may elect not to supply you with any information that Spectrum Management Authority believes is confidential; and/or
- You will comply with any confidentiality obligations notified to you by Spectrum Management Authority.
Further details and requests regarding confidential information can be obtained or made by contacting Spectrum Management Authority at 13 – 19 Harbour Street, Kingston, Jamaica. West Indies.
- Intellectual Property
All Intellectual Property on this Website is owned by Spectrum Management Authority. No part of this Website may be:
- Distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
- Resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for informational and non-commercial purposes use, without Spectrum Management Authority express prior written permission.
- Right to Use Website and Content
You may access, view, reproduce and print the content on this Website provided you use that content only for informational and non-commercial purposes. Any reproduction must include prominent acknowledgement of Spectrum Management Authority and/or Spectrum Management Authority rights in the relevant content.
- Hyperlinking
If you wish to link to any part of this Website, you must obtain Spectrum Management Authority prior written consent. Spectrum Management Authority reserves the right to prohibit links to this Website and you agree to remove or cease any link upon Spectrum Management Authority request. You may not frame any part of the material on this Website by including advertising or other revenue generating material.
- Disclaimer
The information provided on this Website is for general guidance only. Users of the information contained on this Website must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions. Spectrum Management Authority makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the content. Spectrum Management Authority further makes no representations, warranties or guarantees that the quality and reliability of any information obtained from the Website will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website and/or content.
- All Liability Excluded
To the extent permitted by law:
- All warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on, or accessed through, it; and
- Spectrum Management Authority will not be liable for any damage, loss or expenses, direct, indirect special, incidental or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website, or the content on, or accessed through, it.
The exclusions and limits set out in these Terms will also operate for the benefit of Spectrum Management Authority relevant suppliers, licensors and agents which Spectrum Management Authority use to provide the Website.
- Indemnification
You agree to indemnify and hold Spectrum Management Authority, its subsidiaries, affiliates, shareholders, officers, directors, agents and employees, harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Website and content; (ii) content you submit, post, transmit or otherwise make available via the Website; (iii) your violation of these Terms.
- Errors
Although Spectrum Management Authority has endeavoured to ensure the content on this Website is current, accurate and complete, Spectrum Management Authority does not guarantee that such content will be current, accurate or complete when you access it. Spectrum Management Authority will take action, within a reasonable period of time, to correct any error or inaccuracy which is brought to Spectrum Management Authority’s attention. Therefore due to the possibility of an error, prices may be subject to change without notice.
- Third Party Websites
This Website may contain links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that Spectrum Management Authority checks, endorses, approves or agrees with third party websites this Website links to. To the extent permitted by law, Spectrum Management Authority has no liability in respect of any third party websites this Website links to.
- Compliance with Law
You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through this Website.
- Termination
You may terminate your use of any of the Charged Services, or access to any part of this Website for which registration is required (including the Online Service Payment process), at any time by requesting that Spectrum Management Authority delete your username and password for the relevant service or part of this Website.
Spectrum Management Authority may terminate your right to use any of the Charged Services, or access to any part of this Website for which registration is required (including the Online Service Payment process), by giving you one (1) months’ notice, or immediately without notice if you breach any of these Website Terms of Use, the terms and conditions for any charged service or any other service or the Online Service Payment Terms.
Any termination of your right to use any of the Charged Services, or access to any part of this Website for which registration is required, will not affect any rights or obligations which have accrued by either you or Spectrum Management Authority and /or the website.
- General
The Terms constitute the entire agreement between you and Spectrum Management Authority relating to your use of and access to the Spectrum Management Authority Website and content.
The laws of Jamaica shall govern any action related to the Terms and your use of the Website. In any dispute between you and Spectrum Management Authority, the Jamaican Courts will have jurisdiction. In the event of any violations of the Terms, Spectrum Management Authority reserves the right to disable your access to Spectrum Management Authority Website and seek all remedies available by law and in equity.
- Amendments
We may amend these Terms from time to time. You should check and read these Terms regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended Terms.
DELIVERY POLICY
We understand that getting your items quickly is important to you, so we make every effort to process your order quickly. However, customers only have the option of collecting certificates ordered at the Spectrum Management Authority address at 13 – 19 Harbour Street, Kingston between 8:30 am to 5:00 pm Monday to Thursday and 8:30 am to 4:00 pm on Fridays.
You are advised to retain a copy of your receipt upon a successful order. Customer service queries shall be responded to within two business days.
Definitions
In this Policy, the following terms shall have the following meaning except where the policy otherwise requires:-
- “Services”: These are type approval certificates, amateur radio and citizen band, duplicate of spectrum licence. Applications are submitted online via the SMA website, www.sma.gov.jm
The SMA processes applications for Services that will be dispatched for collection by our customers at the SMA’s office directly.
We will always contact you by phone or email if there are any delays with processing your application. You may also check the status of your application online using our tracking feature.
The processing of your application will be delayed if you do not provide complete and accurate information on your application form. You will be informed by phone or email if this happens and the SMA is free from any claims in respect of providing the said Services within the prescribed time.
REFUND, RETURN AND CANCELLATION POLICY
We thank you for visiting our website. We want you to feel comfortable about transacting business with the Spectrum Management Authority (SMA). The Authority is committed to providing each customer with exceptional service. Should you have any customer support related question, please contact us at info@sma.gov.jm
- Due to the nature of SMA’s business, there are no tangible product(s) to be returned to the SMA, as a result we do not offer refunds. Customers should note that payments once received will be considered final, and will not be refundable.
- If there is any sort of problem with our system, such as:
- The inability to view or complete type approval certification applications;
- The inability to view or complete applications for Amateur Radio or Citizen Band services;
- The licence/authorisation number you receive is not the licence/authorisation number you requested for duplicate licence/ authorisation applications;
- The licence/authorisation number is correct, but does not match the details returned in the search;
- Our system experiences a problem between payment and order retrieval and your order is not retrieved after you have paid;
- You are billed more than once for the same order;
- If you experience any of these problems you must contact us immediately. You must provide evidence to substantiate your claims as above.
- We may issue a refund if your credit card has been charged an extra erroneous amount. However, refunds are given only at the discretion of the SMA. You must provide evidence to substantiate your claims for a refund. You must supply all the information requested by us to investigate and/ or facilitate the determination of a refund
- All requests to negate charges are investigated by our technical and legal department. If you make a fraudulent claim of unauthorised card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.
- THERE ARE NO EXCEPTIONS TO THIS CANCELLATION POLICY.
- The SMA reserves the right to modify this Refund Policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on the SMA’s Website: www.sma.gov.jm. You agree to periodically review our website, including the current version of our Refund Policy. It is your obligation to review our Refund Policy for any such revisions.
Contacting Us
If you have any questions or concerns in relation to the Website or these Terms, please contact us.