Scope
This policy applies to websites, portals, applications, digital publications, communications systems and other online services operated by or on behalf of the State of the Kaharagians (together, official services).
In this policy, the State includes its institutions, offices, officers, employees, representatives, contractors and authorised service providers, so far as the context permits. A service may publish additional terms or notices. Service-specific provisions take precedence for that service if they conflict with this policy.
This policy is subordinate to the Fundamental Laws, the Civil Code, the Data Protection Code and other applicable Kaharagian law. It does not exclude or reduce a right, remedy or liability preserved by law.
General Disclaimer
Official services are provided for their stated public, administrative, educational, cultural or institutional purposes. Unless a competent Kaharagian authority expressly agrees otherwise, they are provided on an “as is” and “as available” basis.
To the fullest extent permitted by Kaharagian law, the State gives no express or implied warranty that an official service will be uninterrupted, error-free, secure, complete, current or suitable for a particular purpose. Use of an official service is at the user’s own risk.
Accessing a service, creating an account, submitting an enquiry or receiving an automated response does not, by itself, create a contractual, fiduciary or advisory relationship, or a duty of care. Any legal or administrative relationship arises only under Kaharagian law or through an authorised official act.
Information and Authoritative Sources
The State takes reasonable care when publishing information, but online material may contain errors, omissions or outdated content. Users should verify information before relying on it for an important legal, financial, administrative, professional or personal decision.
Web pages, summaries, guidance, search results and database entries may not be authoritative. Where a matter has legal or administrative effect, the relevant law, decree, order, regulation, instrument, register, decision or original official record prevails. If publication in the Royal Kaharagian Gazette is required, the Gazette version is authoritative.
The State is not liable for reliance on a summary, reproduction, archived copy or other non-authoritative source where the authoritative source was available or could reasonably have been checked.
No Professional Advice or Guaranteed Outcome
Unless expressly stated, material published through an official service is general information, not individual legal, financial, medical, tax, investment or other professional advice. Correspondence with the Royal Chancellery or another Kaharagian institution does not create a solicitor–client or other professional advisory relationship unless this is expressly agreed in writing.
Guidance, examples, estimated processing times and frequently asked questions do not amend Kaharagian law, bind a decision-maker or guarantee a result. Applications and requests are determined according to the law, evidence, eligibility requirements, security checks and lawful discretion applicable at the time.
Use of a service does not guarantee eligibility, acceptance, registration, recognition, appointment, the issue of a document or completion within a stated period.
User Responsibilities
Users are responsible for:
- reading the terms and notices that apply to a service;
- providing accurate, complete and lawful information;
- checking important information and meeting applicable deadlines;
- protecting account credentials, devices and recovery details;
- retaining copies of important submissions and correspondence; and
- obtaining independent professional advice where appropriate.
An automated acknowledgement confirms only that a system has recorded or received a transmission. It does not establish that a submission is complete, valid, accepted or legally effective. Users should confirm receipt where a submission is important or time-sensitive.
The State is not responsible for loss caused or contributed to by a user’s failure to take reasonable precautions, including loss arising from compromised credentials, incomplete submissions or use of an unsuitable device or connection.
Availability, Security and Data
The State may change, restrict, suspend or withdraw a service for maintenance, security, operational, legal or administrative reasons. Advance notice may not always be possible.
No internet-based system can be guaranteed to be completely secure or continuously available. The State is not liable for delay, interruption or loss caused by network or power failure, software or database error, malicious activity, incompatible equipment, failed uploads or downloads, excessive demand, a third-party provider or another circumstance outside its reasonable control.
Users should keep their own copies of material they may need. Unless a service expressly states otherwise, the State does not guarantee that drafts, messages, attachments, account content or other stored information can be retained or restored. Operational backups do not create a right to recovery of a particular item.
Files are supplied without a guarantee that they will be free from defects or compatible with the user’s software. Users should take appropriate security precautions before opening or installing a file.
Nothing in this section limits an obligation expressly imposed on the State by Kaharagian data-protection law.
Electronic Communications and Unauthorised Material
Email and other electronic communications may be delayed, intercepted, misdirected, altered, filtered or lost. An automated response, delivery receipt or read receipt does not amount to an official decision or acceptance. A communication binds the State only to the extent that its sender had lawful authority to issue it.
Only statements issued by a competent Kaharagian authority through an authorised channel have official effect. The State is not responsible for impersonation, forged or altered documents, copied websites, unofficial accounts, misleading screenshots, unofficial translations or representations made without authority.
Translations are provided for convenience unless expressly designated as authoritative. If versions differ, the official version identified by the issuing authority prevails.
Automated Tools and Generated Content
An official service may use automated systems to support search, classification, transcription, translation, verification, fraud detection, document processing, user support or administrative review.
Automated results may be incomplete or wrong. They are not final official decisions unless the service expressly identifies them as such. Where an authorised record or decision exists, it prevails over a search result, recommendation, classification, summary or other generated output.
No significant decision may be treated as having been made solely by an automated tool where Kaharagian law requires individual judgement, reasons, procedural fairness or review. High-risk automated processing must undergo the assessment and, where necessary, supervisory consultation required by DPC Art. 21.
Third-Party Services and Content
Official services may link to or depend on third-party hosting, software, payment, identity, communications, mapping, media or security services. A link, integration or reference does not, by itself, amount to endorsement, partnership or acceptance of responsibility.
The State does not control and is not responsible for a third party’s content, availability, security, accessibility, privacy practices, terms or conduct. Users should review the third party’s terms before using its service.
Views and material submitted by users remain the responsibility of the person who supplied them. The State may review, preserve, restrict or remove such material but is not obliged to monitor every submission before it is published or transmitted.
Events, Programmes and Illustrative Material
Information about an event, activity or programme may change. Publication does not guarantee that it will proceed, that a place will remain available or that a person will be admitted. Participation may be subject to separate terms, eligibility rules and safety requirements.
Maps, diagrams, charts and illustrations may be simplified or approximate. They must not be relied upon for legal boundaries, navigation, engineering, construction, surveying, emergency response or another purpose requiring precise professional information unless expressly issued for that purpose.
Matters Outside the State’s Control
Consistently with CC Art. 42(2), the State is not liable for delay, interruption or failure to perform a contractual obligation where it proves that the cause was beyond its control and could not reasonably have been foreseen or avoided. Such causes may include severe weather, natural disaster, fire, epidemic, armed conflict, civil disorder, terrorism, cyberattack, industrial action, infrastructure failure, supplier failure, legal compulsion or government restriction.
The State may suspend, modify or discontinue an affected service for as long as reasonably necessary.
Exclusion and Limitation of Liability
Administrative or proprietary acts of the State may give rise to claims and remedies under FN Art. 16. Every person retains the rights to an effective remedy and to lawful, reasonable and procedurally fair administration under FN Arts. 32 and 35. Contractual and other civil liability remains governed by the Civil Code, including CC Arts. 42 and 48. Compensation for unlawful processing remains available under DPC Art. 28.
Subject to those rights and to the fullest extent that Kaharagian law permits an exclusion, the State excludes liability arising from or connected with:
- access to, use of or inability to use an official service;
- reliance on published or generated information;
- errors, omissions, delay or service interruption;
- loss, corruption or unauthorised access to information;
- downloaded material, malicious code or incompatible equipment;
- the conduct or content of a user or third party; or
- any matter outside the State’s reasonable control.
This exclusion applies whether liability is alleged in contract, delict, tort, negligence, misrepresentation, breach of statutory duty, restitution or otherwise.
The State is not liable for indirect, consequential, incidental, exemplary or punitive loss; loss of income, profit, revenue, opportunity, anticipated savings, reputation, goodwill, data or use; wasted expenditure; or travel and accommodation costs.
Where liability cannot lawfully be excluded, any limitation applies only to the extent permitted by the law governing the claim. Available remedies may include declaration, correction of records, restitution or compensation, as FN Art. 16 provides, and any contractual, data-protection or other remedy conferred by law.
Nothing in this policy excludes liability that Kaharagian law does not permit the State to exclude. No limitation or exception is an admission that liability exists.
Claims, Inviolability and Non-Waiver
A claim arising from an administrative or proprietary act lies against the State, the competent organ or the public treasury in the manner provided by law. This reflects FN Art. 16 and does not create personal immunity for an official beyond that conferred by law.
The Sovereign is inviolable as provided by FN Art. 15. A waiver of sovereign prerogative, immunity or reserved power is not implied and must be clear and specific, consistently with FN Art. 17. Officials acting in a host jurisdiction do not claim an immunity or privilege that jurisdiction does not recognise.
A failure or delay in exercising a right or remedy is not a waiver. Assistance, correspondence or voluntary corrective action does not admit liability, create a precedent or establish an ongoing obligation. A waiver is effective only if expressly authorised in writing by a competent Kaharagian authority.
Misuse and Indemnity
To the fullest extent permitted by Kaharagian law, a user who deliberately, recklessly or unlawfully misuses an official service is responsible for the resulting loss, damage and reasonable investigation, restoration, legal and administrative costs. Misuse includes unauthorised access, malicious code, fraud, impersonation, unlawful data collection, infringement of intellectual property and interference with a service.
Governing Law, Jurisdiction and Enforcement
This policy is governed by Kaharagian law, subject to the Fundamental Laws, applicable promulgated treaties and Kaharagian conflict-of-laws rules. Kaharagian law governs the State’s internal authority and the official character of its services. Mandatory host-jurisdiction law applies where Kaharagian law so provides.
Acting through a competent authority and as permitted by applicable law, the State may choose to commence, defend, support or participate in proceedings; seek interim or final relief; enforce rights or judgments; cooperate with foreign authorities; or refer conduct to a competent authority in any jurisdiction. A choice to act in a foreign forum is limited to that matter and carries the jurisdictional consequences imposed by applicable law; it is not a general submission for unrelated matters.
This section is to be read with FN Arts. 6, 36, 38, 42, 45 and 47 and CC Arts. 58–63.
Relationship with Other Policies
This policy should be read with the Terms of Service, Privacy Policy, Cookies Policy, Crown Copyright and Re-use Policy, Accessibility Statement and any service-specific notice. Nothing in another general policy creates liability unless a competent Kaharagian authority expressly accepts it or Kaharagian law imposes it.
Severability
If a competent Kaharagian authority finds a provision invalid or unenforceable, it is to be limited or removed only to the extent necessary. The remaining provisions continue in effect.
Contact
Questions about this policy should be sent to:
Royal Chancellery
chancellery@kaharagia.org
Please identify the relevant service and provide enough information for the enquiry to be considered. Contacting the Royal Chancellery does not suspend a deadline or amount to an admission of liability.
Changes to This Policy
The State may revise this policy to reflect changes in Kaharagian law, administration, technology, security or official services. Unless stated otherwise, a revised policy takes effect when published. The review date above will be updated after a substantive change.