TERMS AND
CONDITIONS OF USE
This page
(together with the documents referred to herein) provides you with the terms
and conditions on which you may make use of the website, whether as a visitor
or a registered user. Please read these terms and conditions of use carefully
before you start to use the site. By using the website, you indicate that you
accept and agree to abide by these terms and conditions of use. If you do not
agree to these terms and conditions of use, please refrain from using the
website.
ACCESSING
THE WEBSITE
Access to
the website is permitted on a temporary basis, and we reserve the right to
withdraw or amend the information and/or services we provide on the website
without notice (see below).
We will
use reasonable endeavours to ensure that the site is available 24 hours a day,
7 days a week. We will not, however, be liable if for any reason the website is
unavailable at any time or for any period.
From time
to time, we may restrict access to some parts of the website, or the entire
website, to users who have registered.
If you
choose, or you are provided with, a username, password, or any other piece of
information as part of our security procedures, you must treat such information
as confidential, and you must not disclose it to any third party. We reserve the
right to disable any user identification code or password, whether chosen by
you or allocated by us, at any time, if in our opinion you have failed to
comply with any of the provisions of these terms and conditions of use.
When
using the website, you must refrain from making or doing anything listed under
the “Prohibited Uses” section of these terms and conditions.
You are
responsible for making all arrangements necessary for you to have access to the
website. You are also responsible for ensuring that all persons who access the
website through your internet connection are aware of these terms and
conditions, and that they comply with them.
USE OF
THE WEBSITE
These
terms and conditions regulate the access to information posted on the website
and related services, in particular website
notifications and/or the use of the website for the purpose of purchasing deeds.
Automated
Notifications:
This
website may offer the service of automated notification on information updates
within the website. The notifications functionality allows users to choose what
to be notified and when to be notified on information changes. Notifications
will be delivered via the email address provided by the user.
Online
Transactions:
You may
use the Notarial Acts website as a guest user or authenticate your user status
with this website through e-ID or by registering using your e-mail account. If
you register with an e-mail account, you should receive an e-mail indicating
that your registration to the Notarial Acts website has been successful and you
should be able to login using your credentials. As a guest or registered user,
you will be able to use the following features:
Search
for active notaries’ contact details;
Search
for digitised public deeds;
Add
needed deeds to a cart;
Effect payments
for the respective deeds
Users of the Notarial Acts website should make sure to read the specific terms and conditions regulating transactions prior to purchasing a deed. Such terms are available here.
USE OF
GOVERNMENT MOBILE APPLICATIONS
“Mobile
App” means the software application provided by the Government of Malta (‘Us /
We / Our’) which enables access to Government services on mobile devices
including any third-party software or documentation which enables the use of
the software application and any upgrades thereto made available from time to
time.
The Government
of Malta hereby grants the User (‘You / Your’) a non-exclusive,
non-transferable, royalty-free, revocable licence to use the Mobile App for
Your personal use in accordance with these terms and conditions and subject to
any rules or policies applied by any app-store provider or operator from whose
site the Mobile App has been downloaded (‘Appstore’).
All
trademarks, copyright, database rights and other intellectual property rights
of any nature in the Mobile App together with the underlying software code are
owned either directly by Us or by Our licensors. We do not sell the Mobile App
to You. We remain the owners of the Mobile App at all times.
The
Mobile App is currently made available to You free of charge. You may make use
of the Mobile App in order to provide Your services, but You shall not resell
or redistribute the Mobile App for profit. We reserve the right to amend or
withdraw the Mobile App or charge for the Mobile App or service provided to
You, at any time and for any reason.
Any data being
utilised by the Mobile App shall be subject to the specific terms and
conditions governing the re-use of public sector information.
If You
are not the bill-payer for the mobile device being used to access the Mobile
App, You will be assumed to have received permission
from the bill-payer for using the Mobile App. You acknowledge, and shall ensure
that the bill-payer acknowledges, that the terms of agreement with their
respective mobile network provider (‘Mobile Provider’) will continue to apply
when using the Mobile App. As a result, the bill payer may be charged by the
Mobile Provider for access to network connection services for the duration of
the connection while accessing the Mobile App, or any such third-party charges
as may arise. You agree, and shall ensure that the bill-payer agrees, that the bill-payer
accept responsibility for any such charges.
Any (a)
attempt to copy, reproduce, alter, modify, reverse-engineer, disassemble,
decompile, transfer, exchange or translate the Mobile App; or (b) create
derivative works of the Mobile App of any kind whatsoever, shall be strictly
prohibited.
We shall
use all reasonable efforts for the Mobile App to be fully functional a) where
this is technically feasible and b) on devices (i)
that are considered mainstream; (ii) having a mainstream operating system;
(iii) having the software stack configured as supported by the original device
vendor; (iv) having the operating system patched with the latest updates.
The
version of the Mobile App may be upgraded from time to time to add support for
new functions and services.
We do not
accept any responsibility whatsoever for unavailability of the Mobile App or
any difficulty or inability to download or access content due to any acts or
omissions of the Appstore or any other communication system failure which may
result in the Mobile App being unavailable.
You
acknowledge that the Mobile App may be affected by factors which are beyond Our
reasonable control including, but not limited to, the internet and mobile
networks which directly impact the availability of the Mobile App and the
quality of the user experience.
From time
to time updates to the Mobile App may be issued through the Appstore. Depending
on the update, You may not be able to use the Mobile
App until You have downloaded or streamed the latest version of the Mobile App
and accepted any new terms.
We may
terminate use of the Mobile App at any time by giving You prior notice of
termination. Upon any termination: (a) the rights and licenses granted to You
herein shall terminate; (b) You must cease all use of the Mobile App.
Without
prejudice to the other terms on limitation of liability and disclaimer of
warranties set out within, We are not liable to You for any damage or
alteration to Your equipment including, but not limited to, computer equipment,
handheld device or mobile telephones as a result of the installation or use of
the Mobile App.
We shall
not be held liable in the event of any technical malfunctions occurring during
the usage of the Mobile App arising from the downloading of other applications,
any technical faults, misuse of Your device, battery life, connectivity issues
or any other factors that may arise and which are beyond Our reasonable
control.
PROHIBITED
USES
You may
use the website only for lawful purposes. You may not use the website:
In any
way that breaches any applicable law or regulation.
In any
way that is unlawful or fraudulent, or has any
unlawful or fraudulent purpose or effect.
In any
way which may infringe our rights or the rights of third parties;
To post,
transmit or disseminate any information on or via the Website which is obscene,
defamatory or in any way harmful;
To obtain
or attempt to obtain unauthorised access to the Website;
To alter,
deface or interfere with the Website in any way;
To
knowingly transmit any data, send or upload any material that contains viruses,
Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any
other harmful programs or similar computer code designed to adversely affect
the operation of any computer software or hardware;
To attempt
to gain unauthorized access to any portion or feature of the services, or any
other systems or networks connected to the services or to any Government of
Malta server, or to any of the services offered on or through the website, by
hacking, password “mining” or any other illegitimate means;
To probe,
scan or test the vulnerability of the website,
including the services or any network connected to the website,
nor breach the security or authentication measures on the website, including
the services or any network connected to the website, including the services;
To reverse-look-up,
trace or seek to trace the source of any information on any other user of or
visitor to the website, or any other customer of the Government of Malta,
including any service account not owned by you, or exploit the website or any
service or information made available or offered by or through the website, in
any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your
own information, as provided for by the website or any service provided through
the website;
To forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal you send to the Government of Malta on or through
the website or any service offered on or through the website. You may not
pretend that you are, or that you represent, someone else,
or impersonate any other person or entity unless
authorised.
We
reserve the right to disclose your personal information to any competent law-enforcement
authorities in the event of a breach of the preceding paragraph.
You also
agree:
Not to
reproduce, duplicate, copy or re-sell any part of the website in contravention
of the provisions of these terms and conditions.
Not to
access without authority, interfere with, damage or disrupt:
(i) any part of the website;
(ii)
any equipment or network on which the website is stored;
(iii) any
software used in the provision of the website; or
(iv) any
equipment or network or software owned or used by any third party.
Not to
use any “page-scrape”, “robot”, “spider” or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the services or any content
provided through this website, or in any way reproduce or circumvent the
navigational structure or presentation of the services or any content, to
obtain or attempt to obtain any materials, documents or information
through any means not purposely made
available through the website. We reserve the right to bar
any such activity.
Not to
take any action that imposes an unreasonable or disproportionately large load
on the infrastructure of the website or Government of Malta systems or
networks, or any systems or networks connected to the website.
Not to
use any device, software or routine to interfere or attempt to interfere with
the proper working of the website, including the services, or any transaction
being conducted on the website with any other person or entity using the
website, including the services.
LINKS TO
OTHER WEBSITES
Where the
website contains links to other sites and resources provided by third parties,
these links are provided for your information only. We have no control
over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from
your use of them.
LINKS TO
THIS WEBSITE
You may
link to the website, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists. We reserve the right to withdraw
linking permission without notice.
The
website must not be framed on any other site.
INTELLECTUAL
PROPERTY RIGHTS
We are
the owner or the licensee of all intellectual property rights in the website
and the material published on it. Those works are protected by copyright
laws and treaties around the world. All such rights are reserved.
You may
print off copies, and may download extracts, of any page(s) from the website
for your personal reference and you may draw the attention of others within
your organisation to material posted on the website.
You must
not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text.
If you
print off, copy or download any part of the website in breach of these terms
and conditions of use, your right to use the website will cease immediately and
you must, at our option, return or destroy any copies of the materials you have
made.
RELIANCE
OF INFORMATION POSTED
Any
material posted on the website is not intended to amount to advice on which
reliance should be placed. We therefore disclaim all liability and
responsibility arising from any reliance placed on such materials, or by anyone
who may be informed of any of its contents.
CHANGES
TO THE WEBSITE
We aim to
update the website regularly and may change the content at any time. If the
need arises, we may suspend access to the website, or close it indefinitely.
Any of the material on the website may be out of date at any given time, and we
are under no obligation to update such material.
COOKIES
A session
cookie is a piece of data which is stored on your computer and which expires
once you close your internet browser. The website uses session cookies to
temporarily identify user actions when using the website, including the
services. A session cookie is information stored in your browser’s cache which
is only available to the website for the duration of your browser’s lifetime
window (session) when accessing the website or the services, and no other site
can request this information. By using this website or the services you consent
to the storage of cookies on your personal computer. To ensure that the
information stored by the session cookie is cleared from cache on your personal
computer, it is highly recommended that you close your browser when you finish
using the website or the services.
SECURITY
We will
not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material due
to your use of the website or to your downloading of any material posted on it,
or on any website linked to it.
LIMITATION
OF LIABILITY
The
material displayed on the website is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law,
we, any identified contributors (including entities within Government of Malta)
and third parties connected to us hereby expressly exclude:
All
conditions, warranties and other terms which might otherwise be implied by law.
Any
liability for any direct, indirect or consequential loss or damage incurred by
any user in connection with the website or in connection with the use,
inability to use, or results of the use of the website, any websites linked to
it and any materials posted on it, including, without limitation, any liability
for: loss of income or revenue; loss of business; loss of profits or contracts;
loss of anticipated savings; loss of data; loss of goodwill; wasted management
or office time; and for any other loss or damage of any kind, however arising
and whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
This does
not affect our liability for any other liability which cannot be excluded or
limited under applicable law.
DISCLAIMER
OF WARRANTIES
We give
you no warranty or assurance. We declare and you acknowledge that all implied
warranties and conditions are excluded to the maximum extent permitted by law.
You should note in particular:
The
services provided through this website are not intended to constitute a
definitive or complete statement of the law on any subject.
The
services provided through this website are not intended to constitute legal
advice in any specific situation.
The
services provided through this website include archived information and
resources, which may be incorrect or out of date.
The
services provided through this website, and our means of delivering it may be incompatible
with your software or computer configuration.
We may
change or withdraw part or all of any services
provided through this website at our discretion.
Last
update: November 2019