Terms & Conditions of use for the Madanes Assessment Center
We set out below the legal Terms and Conditions (“Terms”) under which you and/or those whose tests you administer (“you”) may use the Madanes Assessment Center (“Madanes Assessment”). Please read these carefully. If you do not accept the Terms stated here, you will not be able to use our platform. By indicating that you accept, you acknowledge that you have read and accepted the Terms. Madanes reserves the right to revise the Terms at any time by updating this document.
1. Use of Material: Copyright and Trade Marks
All use of the contents of Madanes Assessment including information, text, data, graphics, charts, and other resource material (“the Material”) are the property of Madanes, and are protected by copyright, database, trade mark and other intellectual property rights. All trade names, trade marks, logos, devices, and other graphics contained on the secure Madanes Assessments website are the trade marks of Madanes.
You may print copies of the Material as required for your own use in accordance with the Madanes Assessment procedure (but for no other purpose). You must retain all copyright and other proprietary notices contained in the Material when printing copies. You may not reproduce the Material for sale to a third party. The use of the Material on any other website is prohibited without the express permission of Madanes Associates.
You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Material and/or the Madanes Assessments, or any software or computer programs used in connection with the Material and/or the Madanes Assessment.
Except as expressly provided, nothing within any of the Material or Madanes Assessments shall be construed as conferring any license under any of Madanes’ or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
2. General Use of Madanes Assessments
Madanes Assessments is intended to provide general information and guidance in relation to personal and professional development. The Madanes Assessment and the Reports it generates should not be the sole basis for determining suitability for employment or for making any other significant decisions. The use you make of the Report is entirely up to you; Madanes can in no way be liable to you or others as a result of any unfavorable reaction to this Report.
Upon registering, you will receive an Account Code and Password. You are responsible for maintaining the security and confidentiality of these items; Madanes will not be liable for any breach of confidence, privacy or Data Protection issue which arises. Any Report created by Madanes Assessment will be accessible for three months. Thereafter the Report will be deleted, but can be re‐created by means of a facility within the Testing procedures. As an administrator it is your responsibility to add, modify and delete your own accounts.
All Madanes Assessment data, web pages, software, Reports and associated Materials are held on a secure website to minimize breaches of security.
3. The Madanes Online Platform
The Madanes Online Platform and its Material are provided on an “as is” basis and Madanes makes no warranties of any kind. All express, implied and statutory warranties, terms and conditions are excluded, to the fullest extent permitted by law. Also to the fullest extent permitted by law, Madanes makes no warranties and disclaims all liability for the accuracy, reliability, security, timeliness and performance of the Madanes Online Platform and Material.
Madanes uses all reasonable efforts to ensure that the contents of the Madanes Online Platform are accurate and up to date and that it is available 24 hours per day. However, the Material may contain inaccuracies, and Madanes Associates makes no representations about the accuracy, reliability, completeness, or timeliness of the Material, software, or links. Changes are periodically made to the Madanes Online Platform and may be made at any time. The Madanes Online Platform may be unavailable or access may be interrupted from time to time owing to technical failure. Madanes does not warrant that the Madanes Online Platform and its server are free of computer viruses, infection, worms and Trojan horses and other harmful codes or properties. If your use of the Madanes Online Platform results in the need for servicing or replacement of equipment or data, Madanes is not responsible for those costs.
Under no circumstances shall Madanes be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, orders of domestic or foreign courts or tribunals, or non‐performance of third parties.
4. Consequential Loss
In no event shall Madanes, its officers, employees, partners, distributors or agents be liable to you for any damages or claim for lost profits or income, failure to secure or maintain employment, loss or depletion of goodwill or loss of opportunity, emotional stress or suffering, or damages resulting from lost data or business interruption or any indirect or consequential loss resulting from your use, inability to use, interruption, suspension or termination of the Madanes Online Platform, Madanes Assessment, or your reliance upon any Material or Report, whether based on a breach of warranty, or contract, tort, misrepresentation, or otherwise.
5. General
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
You acknowledge and agree that you and Madanes are independent contractors under these Terms and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship.