Provider Terms of Use

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 June 27, 2014.

The following terms and conditions constitute an agreement between you, as a doctor, dentist or other healthcare provider (“Provider”) and Topdoc Limited (“TopDoc”, “we” or “us”), the operator of topdoc.hk (“Site”). These terms of use (the “Provider Terms of Use”) govern Providers’ use of the Site, both as a casual visitor and as a registered user. Please note that separate User Terms of Use govern our relationship with non-Provider users of the Site, which include any prospective or actual patient or consumer or other user of the Site (“User”). If you use the Site in any capacity other than that of a Provider, please refer to the User Terms of Use and User Privacy Policy. By using the Site, and/or by registering with us, you signify that you agree to these Provider Terms of Use, including that you consent to the information practices disclosed in our Provider Privacy Policy, which is incorporated herein by reference, and that you consent to submit any dispute that you may have with us or the Site to the jurisdiction of the courts of the Hong Kong Special Administrative Region. Please note that we offer the Site “as is” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept these Provider Terms of Use on such individual’s or entity’s behalf.

1. About the Site

1.1 Everything we offer on the Site is referred to in these Provider Terms of Use collectively as the “Services”. Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorise the use and disclosure of your information for purposes of allowing us to provide the Services and as otherwise disclosed in our Provider Privacy Policy.

2. Compliance with Medical Council Code of Conduct

2.1 You warrant that in using the Site, you will comply with your obligations under the Medical Council Code of Conduct (“Code of Conduct”) including, in particular, the restrictions contained therein in relation to promotion of your medical practice and use of specialist titles.

2.2 You accept full responsibility for any content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that you provide to us (including any Information provided in direct response to the questions or postings of users of the Site), and accept that we are not responsible for any breach committed by you (or on your behalf) of your professional obligations as set out in the Code of Conduct or elsewhere arising from your provision of that Information or otherwise.

3. No liability for conduct of Users or Providers

3.1 We have no control over, and cannot guarantee the conduct of any User or other Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any loss or damages resulting therefrom, or for any other loss or damages resulting from the use of the Site or Services whatsoever.

4. Fees and Services

4.1 In connection with using the Site and the Services, you understand that:
  1. You must pay a fee, as set out in the Fee Schedule (“Fee”) to us in order to appear on the Site. We reserve the right to deny or restrict your access to the Site upon failure to pay the Fee.
  2. You may only participate in the Site and Services if you hold the required active medical licences and all certifications necessary to practise the services offered by you to Users via the Site. As a condition of your membership of and access to the Site, we will conduct investigations to verify your professional qualifications and competence, and may visit you in person and require copies of any relevant documents evidencing your professional qualifications and competence. We reserve the right at any stage to exclude Providers who, in our discretion, have engaged in inappropriate or unprofessional conduct.
  3. We will provide Users with lists and/or profile previews of Providers who may be suitable to deliver the healthcare that they are seeking based on information that they provide to us (such as insurance information, proximity to their 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 Users, and past experience of Users with Providers); however, please note that we do not:
    • recommend or endorse any Providers;
    • guarantee that you will appear feature prominently in such lists and/or profile previews;
    • guarantee you any commercial benefit; or
    • guarantee that you will not suffer any loss or damage as a result of your use of the Site.

5. Editorial control

5.1 We make the Site available as a service to Users 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 you are responsible for the timeliness and accuracy of any Information you have provided, and that we are not responsible for the timeliness and accuracy of any of the Information provided by you or any other Provider or User, or for any loss or damage arising from that Information.

6. Registration

6.1 As part of the registration process, you will provide an email 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 enquiry@topdoc.hk.

7. Your Personal Data

7.1 As set out in clause 1 of our Provider Privacy Policy, we may collect and process the following data (“Personal Data”) about you:

  1. 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;
    • details of your qualifications and experience, including any specialist titles and experience, and any other related information you choose to share with us;
    • any other information that is either requested by us or volunteered by you;
  2. information provided at the time of posting material or requesting further services;
  3. we may also ask you for information when you report a problem with the Site;
  4. if you contact us, we may keep a record of that correspondence;
  5. we may also ask you to complete surveys for research purposes, although you do not have to respond to them;
  6. details of transactions you carry out through this website and of the fulfilment of your orders;
  7. details of your visits to the Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;
  8. keyword data; and
  9. any other information that you submit in the course of using the Site or the Services.

7.2 You hereby authorise us, our employees, agents and others operating on our behalf to use your Personal Data in order to provide the Services to you, in accordance with our Provider Privacy Policy. Please review our Provider Privacy Policy carefully, as your use of the Site constitutes your agreement to the Provider Privacy Policy.

7.3 You hereby authorise us, our employees, agents and others operating on our behalf to publish the following Personal Data concerning yourself and your practice on the Site:

  • your name, professional address and telephone numbers;
  • your practice area(s) and any specialism(s);
  • your minimum and maximum consultation charges;
  • your spoken languages;
  • your qualifications and education;
  • the insurance plans you accept;
  • your available medical services;
  • your web pages: website and social media profiles, and Skype username;
  • your affiliated hospitals and clinics;
  • your consultation hours;
  • your gender;
  • details of the Provider’s availability (i.e. without giving any information regarding which patient is going to see the Provider and why, since this will be the User’s Personal Data); and
  • Posted Information, as defined in clause 14 (i.e. User-submitted Facebook Like and Share buttons with User profile picture, User-submitted ratings and reviews of the Provider).

7.4 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 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 purposes only. You may not use the Site for any purpose or in any manner which would place you in breach of your professional obligations and responsibilities under the Medical Council Code of Conduct or any other relevant provisions.

8.2 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):

  1. copy, modify, adapt, translate, or reverse-engineer any portion of the Site, its content or materials and/or the Services;
  2. 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;
  3. 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;
  4. 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;
  5. reformat or frame any portion of the web pages that are part of the Site and/or the Services;
  6. fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;
  7. create user accounts by automated means or under false or fraudulent pretences;
  8. collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
  9. use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.

8.3 In addition to our rights in these Provider Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Provider Terms of Use.

9. Changes to the Site and Provider Terms of Use

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.

9.2 We reserve the right at our sole discretion to make changes to the Site and to these Provider Terms of Use. Any use of the Site after the Provider Terms of Use have been amended will be in accordance with the new Provider Terms of Use, and use by you of the Site after the Provider Terms of Use have been amended will confirm your acceptance of the new Provider Terms of Use.

10. Changes to the Services

10.1 We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the use of new services will be governed by these Provider Terms of Use. You agree that we will not be liable to you or any third party for any suspension or discontinuation of any of 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 websites.

12. Additional terms

12.1 Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Provider Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

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 posted or submitted by Users

14.1 Users will have the opportunity to submit feedback regarding their experiences with you and other 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”). We reserve the right to publish Posted Information as part of the Service.

14.2 We reserve the right to remove Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information, or for the accuracy or fairness of that Posted Information, or for any loss or damage suffered by you as a result of that Posted Information being made available to Users or third parties.

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 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:

  1. which Users gain access to the Site and/or the Services; what content you access via the Site and/or the Services;
  2. what effects the content on the Site and/or the Services may have on you and/or your commercial or other interests;
  3. how you may interpret or use the content on the Site and/or the Services; or
  4. 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 other Providers 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.

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, 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.

18. Termination

18.1 We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Provider Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). Sections 2, 3, 14, 16-20 and 22-27 shall survive any termination or expiration of these Provider Terms of Use.

19. Indemnification

19.1 Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including lawyers’ fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Provider Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

20. Electronic contracting and notices

20.1 Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Provider Terms of Use, which includes our Provider Privacy Policy, and your consent to enter into agreements with us electronically.

21. Site content

21.1 It is not possible for us to fully monitor all content published on the Site but where we have actually received notice of any content that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these Provider Terms of Use, then we will review that content, decide whether to remove it from the Site and act accordingly. If you believe that any content published on the Site infringes any legal rights that you may have or is not allowed under these Provider Terms of Use, please notify us immediately with specific details by contacting us at enquiry@topdoc.hk.

21.2 You agree to indemnify us in respect of any claim made against us by a third party that your Information is not in accordance with these Provider Terms of Use.

22. Entire agreement

22.1 These Provider Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Provider Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Provider Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to exercise or enforce any right or provision of these Provider Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. Governing law and jurisdiction

23.1 These Provider Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. You irrevocably agree that the courts of Hong Kong shall have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Provider Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Hong Kong courts.

23.2 For our exclusive benefit, we shall also retain the right to bring proceedings as to the substance of the matter in the court of the country of your residence or, where these Provider Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.

24. Assignment

24.1 We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Provider Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

25. Eligibility

25.1 To register for and use the Site and Services, you must be appropriately qualified in Hong Kong and hold active medical licences and all certifications necessary to practice any services offered by you to Users via the Site.

25.2 If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law and/or applicable professional rules, and the right to access the Site is revoked in such circumstances. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Provider Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in Hong Kong and intended for Hong Kong users; any use outside of Hong Kong is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Services or the Site.

26. Force majeure

26.1 We will not be held responsible for circumstances beyond its 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 its 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.

27. General

27.1 You may not license or transfer any of your rights under these Provider Terms of Use. We shall have the right to sub-license, sub-contract, assign or transfer our rights and obligations in this agreement to any third party at our sole and absolute discretion.

27.2 If any provisions of these Provider Terms of Use are found to be invalid by any court having jurisdiction then the invalidity of that provision will not affect the validity of the remaining provisions of these Provider Terms of Use, which shall remain in full force and effect. Any failure by us to exercise any right or remedy under these Provider Terms of Use does not constitute a waiver of that right or remedy. Headings in these Provider Terms of Use are for convenience only and will have no legal meaning or effect.

Last Updated on June 27, 2014.

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