Terms of Use

SkyClear Terms of Use

(1) Introduction

SkyClearTM is an online system which allows Aircraft Masters to complete and submit their clearance notification to Customs and Immigration prior to arrival at their destination. SkyClear is a service offered by the Caribbean Customs Law Enforcement Council (CCLEC), an inter-governmental Customs organisation located in St Lucia since 1995. The CCLEC Council, which is the highest decision making body of the organisation, approved this service which seeks to facilitate and harmonize the clearance process for the yachting community in the Caribbean. These terms of use govern your use of the SkyClear service; by using the website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use the SkyClear website. You must be at least 18 years of age to use the website. By using the SkyClear website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age. The SkyClear website uses cookies. By using the SkyClear website and agreeing to these terms of use, you consent to the use of cookies in accordance with the terms of our privacy policy. By agreeing to these Terms of Use, you hereby consent to skyclear's collection and use of your personally identifiable information (PII) and non personal information in accordance with Sky-Clear's Privacy Policy, https://www.skyclear.com/privacypolicy.aspx published on the SkyClear website. If you object to the Privacy Policy, do not use the Site.

(2) Licence to use website

Unless otherwise stated, CCLEC owns the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(d) edit or otherwise modify any material on the website; or

(e) redistribute material from this website [except for content specifically and expressly made available for redistribution.

(3) Acceptable use

You must not use the SkyClear website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the SkyClear website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use the SkyClear website to transmit or send unsolicited commercial communications. You must not use the SkyClear website for any purposes related to marketing without our express written consent.

(4) Restricted access

Access to certain areas of the SkyClear website is restricted. CCLEC reserves the right to restrict access to other areas of the website, or indeed our whole website, at our discretion. If you generate a user ID and password to enable you to access restricted areas of the website or other content or services, you must ensure that the password is kept confidential. You must notify CCLEC in writing immediately if you become aware of any unauthorised use of your account or password. You may contact CCLEC by using the ‘Contact Us” link on the SkyClearwebsite. Your use of this website is personal to you. We provide this website solely to permit you to view the services and to make notifications to the participating countries. You are responsible for any activity on the SkyClearwebsite arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so. CCLEC may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

(5) Limitation of Use

SkyClearwill record the personal details you submit in the process of making your notification. Your data will be used and retained for the following: Customs and immigration control, safety, security, health, administrative purposes, systems testing, maintenance and development, customer surveys, customer relations and to help us in any future dealings with you. CCLEC may disclose your data to any of the following who may retain that data in accordance with applicable laws: government Ministries and law enforcement agencies. CCLEC does not have control or knowledge of the storage and use of that data after it has been delivered to the respective government agency.

(6) Limited warranties

CCLEC does not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitation

In no event will CCLEC be liable for any direct, indirect, special, punitive, exemplary or conse-quential losses or damages of whatsoever kind arising out of access to, or the use of this web-site or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

(8) Indemnity

You hereby indemnify CCLEC and undertake to keep CCLEC indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10) Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

(11) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) Exclusion of third party rights

These terms of use are for the benefit of you and CCLEC, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(14) Entire agreement

Subject to Section [7], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

(15) Law and jurisdiction

These terms of use will be governed by and construed in accordance with St Lucian law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of St Lucia.

(16) Disclaimer

To the maximum extent permitted by law, CCLEC disclaims all implied warranties with regard to the information, services and Materials contained on this website. All such information, services and Materials are provided "as is" and "as available" without warranty of any kind. CCLEC makes no warranty whatsoever for the reliability, stability or any virus-free nature of any software being downloaded from this website, nor for the availability of the download sites where applicable.

(17) Termination

CCLEC can terminate your access to SkyClear automatically if you fail to comply with the terms, conditions or limitations contained in this agreement. On termination, you shall stop using the website service. Otherwise, this agreement shall remain in force until terminated. You may terminate this Agreement at any time (with no obligation on the part of CCLEC) by ceasing all use of the service. The Limitations of Liability and Disclaimer shall continue in force even after your rights to use the service have been terminated.