Podium – Terms of Use

Podium – Terms of Use 

These Terms of Use (“Terms”) apply when Midot – Ethics Computerized Diagnostic Systems Ltd., an Israeli company, Reg. No. 511577157 (“Midot”) is engaged by a Customer to provide Examinees and Customer’s Users with Midot’s web-based assessment platform (“Podium”). 

These Terms are a binding contract between Midot and the Examinees, and between Midot and the Customer’s Users, when using the Podium. 

In addition to these Terms, Midot may provide Examinees with additional terms and instructions that apply to the Podium when using the Podium. Midot urges the Examinees and Customer’s Users to review these Terms and any additional terms and instructions. 

If, after reading these Terms, the Examinees or Customer’s Users find that the terms do not match their views or wishes, Midot advises to refrain from using the Podium. 

By accessing or using the Podium, the Examinees or Customer’s Users indicate that they have read, understood, and agreed to be bound by these Terms.  

Definitions 

“Customer” means a company or other organization that engages with Midot for receiving the service, that the Examinee works for or to whom the Examinee has submitted his candidacy. 

“Customer’s User(s)” means a user who uses the Podium on behalf of the Customer, including managers, employees, consultants and any other person on behalf of the Customer. 

“Examinee(s)” means a person who the Customer asked or requested to participate in the exam(s) in the framework of the Podium. 

Grant of Right 

The Podium is intended solely for providing services to the Customer, and the Podium may not be used for any other purpose without Midot’s prior written authorization.  

Midot hereby grants the Examinees or Customer’s Users a non-exclusive, non-transferable, limited, personal, revocable right to access and use the Podium, subject to these Terms. 

Acceptable Use of the Podium and Limitations 

The Podium’s content is intended to be accessed and used solely in the Podium. The Podium’s content may not be published on any site or other media in any form. Additionally, the Examinees or Customer’s Users will refrain from:  

• copy content from the Podium, embed it in other websites, display it using framing techniques, create mirroring websites, sell, grant a license to use, rent, lend or distribute the Podium’s content in any way. 
• add links from illegal websites to the Podium, including gambling sites, pornography, and enmity sites. 
• misuse the Podium by knowingly introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material.  
• attempt to gain unauthorized access to the Podium, the server on which it is stored, or any server, computer or database connected to it. 
• The Podium and the Podium’s content may not be accessed in order to develop or create a similar or competing platform, website or service, including by collecting information from the Podium. 

• The Podium may not be used for purposes of examination, scanning, scraping, hacking, including hacking the Podium security systems or any other computer and communication systems serving it, interfering with the Podium’s operations, manipulating the Podium’s activities, systematic access to the Podium’s systems using automated software tools, such as ‘bots’ and ‘crawlers’, and access to the features or functionalities of the Podium that are not intended to be accessible or that are not documented. 
• The Podium may not be used for any activity that constitutes or encourages the commission of criminal offense or civil wrong or violates applicable laws, including laws in connection with deception, fraud, forgery, privacy protection, identity theft, viruses and other malicious software distribution, right to publicity, slander, harassment and obscene publications. 

The Customer’s Users might be provided with the option to download personal reports or group reports from the Podium, and may use those downloaded reports at the Customer’s discretion.  

Uploading Content to the Podium 

The Podium enables Examinees or Customer’s Users to upload content to the Podium, including information about Examinees and others. 

When uploading such content, Examinees or Customer User’s must: 

• comply with all applicable laws, including but not limited to laws relating to privacy protection, data privacy, labor law, and terms of employment of employees. 
• refrain from uploading any information that any applicable law prohibits its disclosing or using. 
• refrain from uploading any information that is one of the following: information about a person’s personal affairs; Information about a person’s medical or mental condition; Genetic information, Information about a person’s political opinions or religious beliefs, information about a person’s criminal record, Communication data; Biometric information; Information about a person’s financial status; or consumption habits of a person that lead to information regarding the above mentioned prohibited information. 

THE EXAMINEES OR CUSTOMER’S USERS ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM UPLOADING CONTENT TO THE PODIUM. MIDOT IS NOT RESPONSIBLE FOR ANY CONSEQUENCES OF ANY USE OR DISCLOSURE OF EXAMINEES OR CUSTOMER’S USERS UPLOADED CONTENT. 

Publication of Content 

Midot will publish articles and other content that are related to the Podium’s areas of activity and will either allow all Examinees and Customer’s Users to view such content, or allow it under certain conditions, at Midot’s sole discretion. The content Midot will publish is either written by Midot or by other writers and is provided for the purpose of the Examinees and Customer’s Users benefits only. The content Midot will publish is not professional opinions and should not be treated as such. 

Links 

The Podium may contain links to other websites, information or content provided by third parties. Midot does not operate or monitor these third-party websites and content. The Examinees or Customer’s Users may find them, or the information and content posted therein, incompatible with their requirements, objectionable, annoying, improper, unlawful, or immoral.  

The activity of such services is subject to the terms and conditions and privacy policies provided by the owners of those services. By linking to a certain website, Midot does not endorse or sponsor its content, nor does Midot confirm the accuracy, credibility, authenticity, reliability, validity, integrity, or legality of such content. 

Midot assumes no responsibility for such third-party websites or content, or their availability. Midot will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Examinees or Customer’s Users use of or reliance on any such content, goods or services available on or through any third-party websites or content. 

Intellectual Property 

The Podium includes user interfaces, graphic designs, illustrations, texts, icons, software code and more. All the above are protected by copyright and through additional intellectual property rights. Midot owns all rights to the Podium and any content thereof, or Midot has received permission from the owners to use such content on the Podium. Midot’s trademarks (whether registered or not), name, logo and domain name – are Midot’s sole property. 

The Examinees or Customer’s Users may not: 

• use the Podium, or any component contained therein or allow others to do so, except as expressly permitted by Midot, as set forth in these Terms.  

• reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Podium. 
• interfere, remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Podium. 
• use Midot’s trademarks (whether registered or not), name, logo and domain name, or any confusingly similar mark or text, without Midot’s prior express written consent. 

Warranty and Limitation of Liability 

The Examinees or Customer’s Users, use of the Podium and their exposure to information on the Podium is at their own risk. Midot does not take any responsibility for the activity on the Podium, and Midot does not provide any guarantees with respect to the content contained therein. 

The Examinees or Customer’s Users will be responsible for all acts and omissions associated with their use of the Podium, including use thereof by any other third party on their behalf or at their permission. 

Midot does not provide any warranty whatsoever, on behalf of any third party, and it is hereby made explicitly clear that Midot will not be held responsible for any acts or omissions on the part of any third party. 

Under no circumstances and under no legal theory, tort, contract, or otherwise, will Midot be liable to the Examinees or Customer’s Users or any other person for any indirect, special, incidental, punitive, exemplary or consequential damages of any type including, without limitation, loss of data, loss of goodwill, business interruption, computer failure or malfunction, loss of business information, and all other commercial damages or losses even if Midot has been informed of the possibility of such damages, or for any claim by any other party. 

Midot will make efforts to run the Podium efficiently and accessible at all times. However, the Podium’s operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free. Midot does not warrant that the Podium will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that at all times it will completely safe, and secured from unauthorized access to Midot’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures and software communication failures, originating either in Midot or service providers of Midot. Such incidents will not be considered a breach of these Terms. 

Midot may change the Podium’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature, will likely to result in glitches or cause inconvenience. Midot will not be held responsible for any outcome of these changes, and failures resulting from them. 

Indemnification 

The Examinees or Customer’s Users, as applicable, will indemnify and hold harmless Midot and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: 

•  the access to or use of the Podium. 
• the uploaded content by the Examinees or Customer’s Users to the Podium. 
• violation of these Terms or any additional instructions, guidelines or policies issued by Midot. 

Privacy and Data protection 

Midot uses and processes personal information related to the Examinees or Customer’s Users according to Midot’s Privacy Policy. 

Information Security 

Midot and its hosting service providers implement systems, applications, and procedures to secure the use of the Podium and to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. 

However, due to the nature of the internet and although Midot makes such efforts, Midot cannot guarantees that its systems will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. 

Governing Law and Jurisdiction 

These Terms, including any obligations, rights, and claims of the Examinees or Customer’s Users arising out of or in connection with these Terms, any questions regarding their validity, and any amendments hereto – irrespective of the legal grounds (e.g., under contract, tort or otherwise) – will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding their conflict of law’s provisions. 

The competent courts in the Tel Aviv district in Israel will have sole and exclusive jurisdiction over any claim in connection with these Terms and the Podium, and in respect of any matter relating to the validity, applicability, performance, or interpretation of these Terms. The Examinees or Customer’s Users agree to the exclusive jurisdiction of the above-mentioned court, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available. 

General 

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly. 

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect. 

Changes to these Terms 

Midot may change these Terms to meet technical, operational and legal changes. Midot will post a notice about changes made to these Terms on the Podium or its global website, or send a notice by email detailing the changes and the date the changes will come into effect.  

To the extent required by law, Midot will request the consent of the Examinees or Customer’s Users to the new Terms.  

The Examinees or Customer’s Users, by their continuing use of the Podium after the new changes have taken effect, indicate their agreement to the amended Terms. 

Contact Us 

For any questions about these Terms or the Podium, please contact Midot at: http://midot.com/contact-us/. 

Last updated: March 12, 2023.