We hope you love using TopDoc. We really do. This document contains important information that you need to consider before making an important decision.
Last Updated on March 10, 2015.
1. About the Site
1.2 You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
2. We do not provide medical advice
2.1 The Information that you obtain or receive from us, and our employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. All medically related information comes from independent healthcare professionals and organisations. We are not in a position to answer, or endorse any answers given by Providers or any other third parties to, any medically-related questions you may have. If you submit a medically related question to us, answers are (i) provided by independent healthcare professionals and organisations, (ii) for informational purposes only, and (iii) do not establish any patient/doctor relationship.
2.2 The information provided on the Site and in any other communications from or provided through us is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of something you may have read on the Site. Do not use the Site for emergency medical needs. If you experience a medical emergency, call 999. Your use of information provided on the Site is solely at your own risk. Nothing stated or posted on the Site or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
2.3 We do not recommend or endorse any specific tests, doctors, dentists, healthcare providers, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
3. No patient/doctor relationship
3.1 No licensed medical professional/patient relationship is created by using information provided by or through the use of the Site or through any other communications from us including, but not limited to, the “find a doctor” feature, links to other websites or any assistance we may provide to help you find an appropriate medical professional or specialist in any field.
3.2 We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Furthermore, we do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
3.3 We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever.
3.4 We strongly recommend that you perform your own investigations before selecting a Provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular Provider by confirming with the Provider’s office, your current Provider and the Medical Council of Hong Kong.
4. Authorisation and acknowledgement: important information about Provider relationships and lists
4.1 In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you understand that:
- You are ultimately responsible for choosing your own Provider.
- We select Providers to be listed on the Site pursuant to a contractual agreement with the Providers.
- In addition to signing a contract, Providers must pay a fee to us in order to appear on the Site.
- We will provide you with lists and/or profile previews of Providers who may be suitable to deliver the healthcare that you are seeking based on information that you provide to us (such as insurance information, proximity to your geographical location, and speciality of the Provider). In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other users of the Site, and past experience of Site users with Providers); but we (i) do not recommend or endorse any Providers, (ii) do not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide.
- We may receive additional fees from Providers and providers of related services, such as health insurance, in exchange for placing advertisements for their services on the Site. In those circumstances, we do not recommend or endorse those Providers or services or guarantee their quality or appropriateness for your requirements.
- We use reasonable efforts to ensure that Providers only participate in the Services if they hold active medical licences and all certifications necessary to practice any specialism of the services offered by them to patients. We may also exclude Providers who, in our discretion, have engaged in inappropriate or unprofessional conduct.
5. Editorial control
5.1 We make the Site available as a service to consumers and Providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted on the Site reviewed by the Site’s editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.
5.2 You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
5.3 Practitioner information: Provider and practice information found on the Site is intended for general reference purposes only. Provider information found on the Site is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither we nor the Site provides any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
5.4 Procedures/products/services: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
6.1 As part of the registration process, you will provide an e-mail address and create a password. These are your credentials (“Credentials”) that you need in order to access those Services that are only available to members. You should keep your Credentials private and not share your Credentials with anyone else. We recommend that you do not select an obvious password (such as your name), that you change it regularly and that you do not share it with any third parties. You are responsible for notifying us if you believe that your password has been hacked or stolen. You may notify us of this by sending an email to email@example.com.
7. Your Personal Data
- information provided by you in order to register for the Site and in order to use the Services, which may include, without limitation:
- your name, address, HKID card or passport number and contact information;
- medical and social history (such as the previous Providers you visited, your reason for visiting Providers, your date of visiting Providers, your medical history, and other medical and health information you choose to share with us);
- current medical needs; and
- other information that is either requested by us or volunteered by you;
7.3 You may decline to provide your Personal Data but in that case we reserve the right to deny you access to the Site or to restrict such access.
8. Your responsibilities
8.1 Even though the Services are provided free of charge, the usual and customary charges for any medical services rendered by collaborating with Providers profiled on the Site will apply and will be entirely your responsibility.
8.2 You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorised access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse-engineer any portion of the Site, its content or materials and/or the Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
- access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the healthcare industry or Providers;
- reformat or frame any portion of the web pages that are part of the Site and/or the Services;
- fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;
- create user accounts by automated means or under false or fraudulent pretences;
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
- use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
9.1 We reserve the right at our discretion at any time to shut down, suspend, change or modify the entire Site; to suspend, change, modify, add or remove portions of the Site; and to restrict or deny use of or access to the Site.
10. Changes to the Services
11. Links to other websites
11.1 The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
12. Additional terms
13. No spam
13.1 You may not use contact information provided by our users or collaborating Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
14. Content you post or submit
14.1 You will have the opportunity to submit feedback regarding your experiences with Providers who are featured on the Site, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Provider may use to identify you as an individual, but please do include all relevant information in a concise manner to help Users, Providers or ourselves provide you with a helpful response.
14.2 We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
- You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by us.
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Information on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, us, our contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This licence is non-exclusive, except that you agree that we shall have the exclusive right to practise this licence to the extent of combining your Posted Information with the Posted Information of other users of the Site for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
- The following is a partial list of the kinds of content and communications that are illegal or prohibited on/through the Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or “spamming”;
- violates the intellectual property or other rights of any person;
- is threatening, obscene, defamatory or libellous;
- is pornographic or sexually explicit in nature;
- contains or links to material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
- is illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
- is the same repeatedly;
- impersonates any person or entity (including users of the Site and officers, directors, shareholders, employees or representatives of TopDoc or any of its parents, subsidiaries, affiliates, agents, licensees or third-party partners) or misrepresents any affiliation with any person or entity;
- contains or links to software viruses, files or code (designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component);
- involves the collection or storage of other users’ personal data; and/or
- has the intention and/or effect of preventing or inhibiting any other user from using the Site.
15. Your use of content
15.1 All of the Information available on or through the Services and/or the Site, including, without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain our proprietary information.
15.2 We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we and our suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by us to you are retained by us.
16. Disclaimer of warranties
16.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
- which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services;
- what effects the content on the Site and/or the Services may have on you;
- how you may interpret or use the content on the Site and/or the Services; or
- what actions you may take as a result of having been exposed to the content on the Site and/or the Services.
16.2 You release us from all liability for your having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to, websites containing information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.
16.3 We provide the site and the services “as is”, “with all faults” and “as available.” We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Site, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Site or any other data or information provided or received through the Site. Except as expressly set forth herein, we make no warranties about the information systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information. We do not warrant that the Site or the Services will operate error-free, that loss of data will not occur, or that the Services, software or Site are free of computer viruses, contaminants or other harmful items.
16.4 We hereby disclaim all representations, warranties and conditions, express or implied, relating to the Services, including representations as to the quality or appropriateness of the services obtained from Providers through your use of the Site and Services.
17. General limitation of liability
17.1 We shall not be liable whether in tort, contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising from the Services or this website.
17.2 To the fullest extent permissible by law, we shall not be liable in any circumstances to you for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Site and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of Providers utilised through use of the Services, even if we knew or should have known of the possibility of such damages.
17.3 Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Services or the Site, regardless of the form of action, exceed the total of any fees actually paid by and/or due from you in the 12-month period immediately preceding the event giving rise to such claim.
20. Electronic contracting and notices
21. Site content
22. Entire agreement
23. Governing law and jurisdiction
26. Force majeure
26.1 We will not be held responsible for circumstances beyond our control. We, our affiliates and our third party partners will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Site that may result directly or indirectly from any cause or circumstance beyond our reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other communication problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
28.1 Coupons are offered by Providers to users for a certain Hong Kong dollar amount off of a purchase of a product or service from the Provider, as specified on the face of the Coupon and subject to the terms and conditions as specified by the Provider. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Provider.
As the issuer of the Coupon, the Provider shall be fully responsible for any and all Liabilities, caused in whole or in part by the Provider, as well as for any Liabilities arising from any regulatory action.
28.3 Coupons have no cash or residual value. TopDoc does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. TopDoc is not a party to any transaction that the Provider and you may enter into as a result of you acquiring any Coupon.
Therefore, you acknowledge that the Provider, and not TopDoc, is:
- the seller of the products or services;
- solely responsible for providing you with the products or services; and
- solely responsible for redeeming any Coupon you purchased.
The Coupon is only valid when its QR code has been scanned and rendered valid by our Site. If the Coupon is redeemed for less than its face value, there is no entitlement to a credit, cash or new Coupon equal to the difference between the face value and the amount redeemed. Also, Coupons are redeemable in their entirety only and may not be redeemed incrementally or partially.
Last Updated on March 10, 2015.