Terms And Conditions of Use (TCU)
By making use of this Portal, you acknowledge that you have read and unambiguously agree to the terms of use set out below. If you do not agree to comply with these terms of use, please stop using the Portal and the Service immediately.
Who we are
This Portal is owned by Identità (the “Agency”, “we” or “us”). 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 Portal: www.identita.gov.mt
This Portal allows you (the “User” or the “Data Subject”) to submit an application to the Agency for the processing of the D-VISA application.
Privacy
Our top priority is protecting your privacy. The Agency is dedicated to safeguarding your personal data. Our Privacy Policy is available here: Privacy Policy governs any personal data you provide to us. You can find our Cookie Policy, in which we explain how we use cookies on our Portal, here: Cookie Policy. For more information about how we process your personal data, you are kindly referred to both documents.
Security
The Agency is committed to security and employs technical organizational security measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access, particularly in view that the processing involves the transmission of data over a network.
Payment
The submission of an application entails the payment of the applicable fees which are paid through the payment gateway service provider provided within a secure environment. However, neither the payment gateway service provider nor the Agency gives any assurance, that the information so provided online by a user is secured or may not be read or intercepted by a third party. The Agency does not accept or assume any liability in the event of such unauthorized interception, hacking, or other unauthorized access to information provided by a user of the service.
By authorizing a payment to the Agency through the online payment service, it would deemed that you have accepted these terms and conditions. Before making any online payment, it is recommended that the User shall make the necessary inquiries about the charges or fees applicable against the Credit/Debit Card utilised issued by the credit card or the debit card service provider i.e. the respective Bank.
These terms and conditions relating to payment are subject to any other terms and conditions determined by the issuing commercial banks or published in the Portal by the Agency, the government portal, and/or the Laws of Malta.
Entering false details, including invalid Card details and/or details of Cards that the User has no right to use, is a criminal offense. Legal action shall be taken against anyone entering false information, including civil suits for damages.
The User agrees, understands, and confirms that his/her personal data including without limitation details relating to debit card/credit card/internet banking transmitted over the Internet may be susceptible to misuse, hacking, theft, and/or fraud and that the Agency or the Payment Service Provider(s) have no control over such matters.
The User agrees that the debit/credit card details provided by him/her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
The User is fully and lawfully entitled to use such credit/debit card, or bank account for such transactions.
The User is responsible to ensure that the card/bank account details provided by him/ her are accurate.
The User is solely responsible to ensure that sufficient credit is available at the time of processing the payment to allow the deduction of any fees due for the payment applicable to the User inclusive of the applicable fees.
Payments are all in Euro (€). Fees once paid will not be refunded.
Guarantee
No guarantee, representation, or warranty, express or implied, is given by the Agency in respect of the services provided. The User shall indemnify the Agency for any financial loss emanating from any irregularities committed by the User due to insufficient funds, or fraudulent or irregular transactions of his credit/debit Cards and will be held liable for any destitution resulting or emanating as a consequence of any online transactions processed via this online payment Portal.
Your Representations and Obligations
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 this Portal, or (b) 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.
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.
You must not access without authority, interfere with, damage, or disrupt the Service, any equipment or network on which the Service is stored, any software used in the provision of the Service, or any network or software owned or used by any third party.
You must not knowingly transmit, send or upload any data or materials that contain viruses, trojans, worms, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
The Agency’s Rights and Disclaimers
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.
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) unauthorized access to or alteration of your documents or transmissions; or (iv) any other matter relating to the Service.
Disclaimer of Warranty
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.
Whereas the Agency strives to provide you with an efficient Service, 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 this Portal will be corrected; and (iv) that documents or materials that are available on the Portal will remain accessible.
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.
Intellectual Property Rights
You acknowledge and agree that the Agency owns all rights, title, and interest in the Service and the Portal, 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.
Neither your use of the Services nor these Terms and Conditions of Use, by implication or otherwise, grant you any rights, license, or ownership in or to any intellectual property rights. Any unauthorized use of the content or the materials published on this Portal will constitute a breach of these terms and/or a violation of the Agency’s intellectual property rights.
Agency Services
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.
General Provisions
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.
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.
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.
Choice of Law
These Terms and Conditions of Use shall be governed by the Laws of 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.
Contact
Email address: enquiries.identita@gov.mt
Customer care number: +356 25904000