Terms and Conditions of Use

The QCA Website is a web service owned by Identità (“the Agency”). The Agency acts on behalf of the Government of Malta and is responsible for identity management solutions when it comes to eID, passport, visa, residence permit, acts of civil status and public deed registrations. For further information kindly visit our website: www.identita.gov.mt.

Whereas the Agency handles the day-to-day operations, Malta Electronic Certification Services Limited (“MECS”) serves as the Qualified Trust Service Provider (“QTSP”) on behalf of the Government of Malta and is responsible for the issuance and management of certificates including the authentication and digital electronic signing certificates embedded in the documents issued by the Agency.

Our top priority is protecting your privacy. The Agency is dedicated to safeguarding your data. Our Privacy Policy governs any personal data you provide to us. By using all the services (the “Service”) incorporated within the QCA Website you agree to the terms of this Privacy Policy.

The Agency is committed to the security and employs technical organisational security measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, particularly in view that the processing involves the transmission of data over a network. 

4.1 Amendment

You are responsible for reviewing the current version of the Terms and Conditions of Use periodically. The Agency may amend these Terms and Conditions of Use by (a) posting a revised version on the Agency’s website, or (b) by sending information regarding the amendment to the email address you provide to the Agency. Continued use of the Service will be deemed acceptance of the amended Terms and Conditions of Use.

4.2 Proper Use

You agree to comply with these Terms and Conditions of Use and with all applicable national and international laws and regulations, policies and procedures. You agree that you will not use the Service for illegal purposes, to disrupt the Service, or to distribute content that violates the privacy, intellectual property or other proprietary rights of any third party, or for purposes that the Agency reasonably determines to be unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or otherwise objectionable. 

5.1 Maintenance

The Service will occasionally be unavailable during system maintenance and upgrades. The Agency will make reasonable efforts to ensure that the Service will be available throughout most of the period. However, the Agency disclaims all responsibility for any interruptions or problems with the Service caused by external forces affecting the reliability of the Internet or computer systems.

5.2 Limitation of Liability

You expressly understand and agree that the Agency shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Agency has been advised of the possibility thereof), and including damages resulting from: (i) any document or transaction sent through the Service where the Agency was not a direct party; (ii) the use or inability to use the Service, including errors, interruptions or delays; (iii) unauthorised access to or alteration of your documents or transmissions; or (iv) any other matter relating to the Service.

You expressly understand and agree that:

Your use of the Service is at your sole risk. The Agency provides the Service on an “as is” and “as available” basis. The Agency expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for particular purposes and non-infringement.

The Agency does not warrant and expressly disclaims that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, reliable, timely, secure, error-free or free of viruses and other harmful components, (iii) any errors on QCA Website will be corrected; and (iv) that documents or materials that are available on the website will remain accessible.

Any material downloaded or otherwise obtained through the use of the Service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 

No advice or information, whether oral or written, obtained by you from the Agency, or through or from the Agency’s Service, shall create any warranty not expressly stated in these Terms and Conditions of Use.

6.1 Intellectual Property Rights

You acknowledge and agree that the Agency owns all rights, title and interest in the Service and the website, including, without limitation, all intellectual property rights. You acknowledge and agree that the Service contains proprietary and confidential information and trade secrets including, but not limited to text, graphics, logos, images, software, and icons, that are protected by national and international intellectual property laws and any other applicable laws.

The Agency retains all rights, titles and interest to the words “Identità” and any word, phrase or logo incorporating the foregoing (collectively, the “Agency Marks”). You agree not to display or use the Agency Marks in any manner without the Agency’s prior written permission.

7.1 Legal Document Service: Legal Information Disclaimer

The Service may offer information that may be relevant to the legal needs of our users. However, the legal information available on or through the Service does not constitute legal advice as it does not draw legal conclusions or apply the law to the specific circumstances of each user. If you require legal advice, please consult a law services professional in your area. Your use of the Service cannot replace the advice of a lawyer or create a lawyer-client relationship between you and the Agency. Although the Agency makes reasonable efforts to ensure the accuracy of the legal information it provides, the law is constantly changing, and the Agency cannot guarantee the correctness or completeness of the legal information.

8.1 Entire Terms and Conditions Use

These Terms and Conditions of Use constitute the entire agreement between you and the Agency and govern your use of the Service. These Terms and Conditions of Use supersede all prior agreements and understandings between you and the Agency, whether written or oral.

8.2 Indemnification

You agree to hold harmless and indemnify the Agency its affiliates, officers, agents, directors, managers, employees, and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from or in any way related to your use of the Service, your breach of any of your obligations under these Terms and Conditions of Use, or your violation of any applicable laws or regulations.

8.3 Severability and Waiver

If a court of competent jurisdiction declares any term or provision in these Terms and Conditions of Use as invalid or unenforceable, you and the Agency nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by the Agency to exercise or enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of any such provision.

8.4 Choice of Law

These Terms and Conditions of Use shall be governed by Malta without regard to its conflict of law provisions. You and the Agency agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction of Malta.

8.5 Contact