Entity Terms and Conditions

1. Legal Status, Acceptance, and Contact

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Skills Pass, operated by the Institute of Tourism Studies (ITS), a public institution established under the laws of Malta, with registered address at Aviation Park, Aviation Avenue, Ħal Luqa, LQA 9023, Malta (hereinafter referred to as the “Company”), and any legal person, organisation, institution, or establishment registering for or using the Skills Pass platform (hereinafter referred to as the “Entity”).

By registering, accessing, or using the platform, the Entity irrevocably confirms that it has read, understood, and accepted these Terms in full, including all referenced policies, and agrees to be legally bound by them. These Terms shall be enforceable in accordance with the laws of Malta, including but not limited to the Civil Code (Chapter 16), the Electronic Commerce Act (Chapter 426), the Data Protection Act (Chapter 586), and all applicable European Union legislation, including Regulation (EU) 2016/679 (GDPR).

These Terms shall be read together with the Candidate Terms and Conditions and the Skills Pass Privacy Notice , which form an integral part of the contractual framework governing the Service. The Entity acknowledges that the use of the platform is also subject to any additional rules, notices, or guidelines issued by the Company from time to time.

For any queries, notices, or communications relating to these Terms, the Company may be contacted at:
📧 [e-mail]
📍 Institute of Tourism Studies, Aviation Park, Aviation Avenue, Ħal Luqa, LQA 9023, Malta

2. Representations, Warranties, and Registration Obligations

The Entity represents and warrants, on a continuous basis, that it is duly incorporated or constituted, validly existing, and in good standing under applicable law, and that it holds all licences, permits, and regulatory approvals required to operate, including, where applicable, licences issued by the Malta Tourism Authority or other c+++00ompetent authorities. The Entity undertakes that all information submitted to the Company is accurate, complete, and kept up to date at all times, and agrees to notify the Company immediately of any changes.

The Company reserves the right, at its sole discretion and without prior notice, to verify submitted information, request supporting documentation, and suspend or terminate access where information is found to be inaccurate, incomplete, or misleading. Failure to provide requested information may result in delays, suspension of services, or refusal of access.

The Entity shall be solely responsible for maintaining the confidentiality of its account credentials and for all activities carried out through its account. Any activity conducted through the Entity’s account shall be deemed to have been authorised by the Entity.

3. Scope of Use and Entity Classification

The Entity acknowledges that access to the platform is granted strictly in accordance with the category under which it is registered and approved, and that any misuse, misrepresentation, or operation outside such scope shall constitute a material breach of these Terms.

3.1 MTA Licensed Establishments

Entities holding a valid Malta Tourism Authority licence may register to facilitate Skills Pass certification for their employees. Upon approval, a unique GUID code shall be issued. The Entity agrees that all candidates registering using this code shall be considered its responsibility, and all associated fees shall be invoiced directly to the Entity. The Entity assumes full financial liability for all registrations, regardless of whether candidates complete the process, fail, withdraw, or do not utilise the service. The GUID code must be used exclusively for employees, and any unauthorised use shall result in immediate suspension and possible legal action.

3.2 Educational Institutes

Educational institutions may register to facilitate access to the platform for students undertaking internship programmes. Access shall be granted free of charge for a period not exceeding one (1) calendar year, as determined by the Entity. The Entity warrants that all registered candidates are enrolled students engaged in legitimate internship placements and acknowledges that access is strictly limited in duration and purpose. The Company reserves the right to revoke access where misuse or non-compliance is identified.

3.3 ELT Establishments

Licensed English Language Teaching establishments may register candidates who are enrolled in English language programmes and applying for part-time work permits. The Entity acknowledges that such candidates may benefit from subsidised pricing and undertakes to ensure that all registered candidates meet the required eligibility criteria. Any misuse or misrepresentation shall constitute a material breach of these Terms.

4. Financial Obligations, Fees, and Invoicing

The Entity agrees that all applicable fees, invoices, and charges are legally due and payable within the specified timeframe. All payments are non-refundable and non-transferable except where required by law. The Company reserves the right to suspend services, withhold certificates, or terminate access in the event of non-payment.

The Entity acknowledges that it remains fully liable for all fees incurred through its account, regardless of internal agreements with candidates or third parties. Late payments may be subject to interest and recovery procedures in accordance with Maltese law, and the Entity shall be responsible for all costs incurred in the recovery of outstanding amounts.

5. Data Protection, Privacy, and Confidentiality

The processing of personal data shall be carried out in accordance with the General Data Protection Regulation (EU) 2016/679, the Data Protection Act (Chapter 586 of the Laws of Malta), and the Skills Pass Privacy Notice . The Company acts as Data Controller, while the Entity may act as an independent Data Controller or Data Processor depending on the circumstances.

The Entity undertakes to process personal data lawfully, securely, and only for authorised purposes related to the platform. The Entity shall implement appropriate safeguards to protect personal data and shall not disclose, misuse, or retain data beyond what is necessary. Any breach of data protection obligations may result in immediate termination and reporting to the competent authority.

6. Compliance, Conduct, and System Integrity

The Entity agrees to ensure that all candidates comply with the applicable Candidate Terms and Conditions, declarations, and examination rules . The Entity shall not engage in or facilitate fraudulent activity, including false registrations, impersonation, or misuse of the platform.

The Company reserves the right to monitor usage, conduct audits, investigate irregularities, and take appropriate action, including suspension, termination, cancellation of results or certificates, and legal proceedings.

7. Intellectual Property and Use of Service

All intellectual property rights relating to the platform, including content, materials, systems, and certifications, remain the exclusive property of the Company. The Entity shall not reproduce, distribute, or use such materials without prior written consent.

8. Indemnity

The Entity agrees to indemnify and hold harmless the Company, its officers, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from any breach of these Terms, misuse of the platform, or unlawful processing of data.

9. Limitation of Liability

To the fullest extent permitted by Maltese law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from the use of the platform. The total liability of the Company shall be limited to the amount paid by the Entity in the twelve (12) months preceding the claim.

The Service is provided on an “as is” and “as available” basis, without warranties of any kind.

10. Suspension, Termination, and Access Control

The Company reserves the right to suspend or terminate access to the platform at any time, without prior notice, in the event of breach, non-payment, or non-compliance. Upon termination, access shall cease immediately, and all outstanding obligations shall remain enforceable.

The Company further reserves the right to restrict or revoke access where necessary to protect the integrity, security, or lawful operation of the platform.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Malta. Any disputes shall be subject to the exclusive jurisdiction of the Maltese courts. The parties agree to attempt to resolve disputes amicably before initiating legal proceedings.

12. Amendments and Updates

The Company reserves the right to amend these Terms at any time. Updated Terms shall be made available on the platform, and continued use of the Service shall constitute acceptance of such amendments.

13. Entire Agreement and Severability

These Terms constitute the entire agreement between the Company and the Entity and supersede all prior agreements or understandings. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.