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Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using niamedic-usa.com or niamedic.com websites ("Website") operated by NiaMedic Data & Research (“Company”, "NiaMedic," "us," "we," or "our").

When you use the Company's Website and/or any services offered by the Company, these terms and conditions (the "Agreement") shall apply to such use.

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1. Introduction

  • By using the Website and/or registering with the Website and/or by filling and /or any personal information with the Company using the Website and/or by marking the "I have read and agree to the terms of the End User License Agreement" box below (or any other similar wording), you agree to be bound by this Agreement in its entirety and without reservation. As such, this Agreement constitutes a binding legal document between you and the Company and this Agreement shall govern your use of our website at all times.

  • The Company reserves the right to suspend, modify, remove or add to the Website and/or the services provided via the Website (the "Services") in its sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.

 

2. Acceptance of Terms and Conditions

  • If you do not fully agree to any of the provisions of this Agreement you should immediately stop using the Website, DO NOT SHARE ANY PERSONAL INFORMATION OR ANSWER ANY QOUSTION RELATED TO YOU and/or do not use any of the Services. There are several open questionnaires that you may voluntarily fill in on the website - when filling in the questionnaire for participating in one of our studies, we also collect information regarding your compatibility for such study/ies. IF YOU DO NOT WISH US TO COLLECT SUCH INFORMATION, PLEASE DO NOT FILL IN THE QUESTIONNAIRES AND/OR DO NOT USE THE WEBSITE.

  • We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time and we will notify of any such amendment, modification or change by publishing the new version of this Agreement on the relevant webpage. Any modified version of this Agreement will take effect upon publication on the Website (unless stated otherwise by us) and your continued use of the Website and/or the Services will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the correct and current terms and conditions of this Agreement and we advise you to check for updates on a regular basis.

 

3. Permitted Participation

  • No-one under the age of 18 or the age of legal consent for the use of the Website and/or the Services, whichever is higher ("Legally of Age"), may use the Website and/or the Services under any circumstances and any person not Legally of Age who uses the Website and/or the Services will be in breach of the terms of this Agreement. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Website and/or the Services. The Company may cancel a person's account and exclude a person from using the Website and/or the Services if proof of age is not provided or if the Company suspects that a person using the Website and/or the Services is not Legally of Age.

 

4. Intellectual Property

The brand names relating to the Company and/or the Website and/or the Services, including but not limited to NiaMedic and any other trade marks, service marks and/or trade names used by the Company (the "Trade Marks") are the trade marks, service marks and/or trade names of the Company or one of its group companies and these entities reserve all rights to such Trade Marks. In addition to the rights in the Trade Marks, the Company or one of its group companies own the rights in all other content, including but not limited to the images, pictures, graphics, photographs, animations, videos, music, audio and text available on the Website (the "Site Content") and the Site Content is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Website and/or the Services you obtain no rights in the Trade Marks or the Site Content and you may only use the same in complete accordance with this Agreement.

 

5. Third Party's Links

The Website may include links advertising products and services offered by third parties; we do not endorse, warrant or guarantee the products or services available through these links. We are not responsible for the products and services offered by such third parties. 

 

6. Your Representations and Undertakings

In consideration of the rights granted to you to use the Website, you represent, warrant, covenant and agree that:

  • You are Legally of Age as defined in this Agreement, you are of sound mind and you are capable of taking responsibility for your own actions.

  • All details provided by you to the Company either during the registration process and/or during the filling in of the questionnaire and/or at any time thereafter, are true, current, correct and complete. You will promptly notify us of any changes to details previously provided by you to the Company. Should any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right prevent you from using the Website and/or Services, in addition to any other action that we may choose to take.

  • You have verified and determined that your use of the Website and/or filling in any questionnaire does not violate any laws or regulations of any jurisdiction that applies to you.

  • You acknowledge that in registering and using the Website and/or filling in any questionnaire and/or the Services you have to provide us with certain personal details about yourself. We shall handle all information provided by you diligently and we will not disclose such information to third parties except as provided for in the Privacy Policy. We urge you to read the Privacy Policy to ensure that you agree with our policies in relation to how your information is handled.

  • You shall use the Website and/or the Services in complete accordance with the terms and conditions of this Agreement, as amended from time to time.

  • You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Website and/or the Services.

  • You shall use the Website and/or the Services only in good faith towards the Company. In the event that the Company deems that you have been using the Website and/or the Services in bad faith the Company shall have the right to prevent you from using the Website and/or Services, in addition to any other action that we may choose to take. 

  • You hereby agree to receive from us communications electronically and/or personally and/or any other method, and waive any argument or claim you may have in respect of the form of communication (including, but not limited to, any legal requirement re written documents).

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7. NO WARRANTY

  • THE WEBSITE, SERVICES AND ANY CONTENT WHATSOEVER WITHIN THE WEBSITE ARE PROVIDED "AS IS". THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE WEBSITE, THE SERVICES OR ANY CONTENT WHATSOEVER WITHIN THE WEBSITE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE WEBSITE AND THE SERVICES LIES WITH YOU.

  • THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE SERVICES AND ANY CONTENT OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER THAT MAKES IT AVAILABLE OR ANY ELECTRONIC COMMUNICATION SENT BY THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE AND/OR THE SERVICES.

  • IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS,  VIRUSES OR OTHER HARMFUL CONTENT RELATING TO YOUR ACCOUNT OR OTHER ELEMENTS OF THE WEBSITE AND/OR THE SERVICES OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU.

  • THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE.

 

8. Limitations of Liability

  • You agree that you are free to choose whether to use the Website and/or filling in questionnaires on the Website and/or using any of the Services and do so at your sole option and discretion. 

  • The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party's, use of the Website and/or filling in the questionnaires and/or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage). 

  • The Company shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link contained on the Website. The Company is not responsible for the content contained on any internet site linked to from the Website. 

  • You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or take down of the Website. 

  • You agree that, in the event that the Website fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Website or its contents or any error or omission in content or any other factors beyond our control, the Company will not be responsible for any loss, that may result. 

 

9. Breach of these terms and conditions

  • You agree to fully indemnify, defend and hold the Company and its officers, directors, shareholders and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:

a. of any breach of this Agreement by you;

b. violation by you of any law or the rights of any third party; 

c. use by you of the Website and/or Services or use by any other person accessing the Website and/or Services using your user identification, whether or not with your authorization; 

Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you.

 

10. General

  • If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties. 

  • No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement. 

  • Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties. 

  • Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us. 

  • This Agreement contains the entire agreement between the Company and you relating to your use of the Website and/or filling in the questionnaires, any Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation by the Company. 

  • The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in. 

  • You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement. 

  • In this Agreement, "you" or "your" or "user" means any person who uses the Website under this Agreement. Unless otherwise stated, "we", "us" or "our" refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors. 

 

11. Governing Law

The site is owned and operated in Israel. This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Israel and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the Tel Aviv District, Israel, to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement, the Website and any products sold via the Website.

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