DOCTORNOW
TERMS AND CONDITIONS FOR
PATIENT MEMBERS
Welcome to DoctorNow, a members only club ( the DoctorNow Club) which
facilitates the provision of medical and healthcare services in the Hong Kong
SAR. The DoctorNow Club will be open to qualified individuals,
physicians, medical, laboratories, elderly homes and other service providers
facilities, persons and entities related to medical and healthcare service.
DoctorNow Limited (DoctorNow), a company organised and existing under
the laws of the Hong Kong Special Administrative Region (Hong Kong)
will own and operate a website and a mobile application (collectively known as
the DN Site) to facilitate Your search for suitable medical
practitioners and medical/healthcare services in Hong Kong.
All use of the DN Site is
subject to the Terms and Conditions set forth below. By registering on
our DN Site, You irrevocably accept all the obligations stipulated in these
Terms and Conditions and all other terms and policies that appear on this DN
Site and agree to abide by them. Accessing the DN Site through any medium,
including but not limited to accessing through mobile phones, smart phones and
tablets, are also subjected to these Terms and Conditions.
ABOUT DOCTORNOW
We offer a platform
enabling registered individuals (each a Patient Member) and registered
healthcare or elderly home facilities (each, a Facility Member) to
upload health history, medical symptoms and medical related information to
engage medical practitioners for the purpose of obtaining medical and
healthcare services, including the prescription of medicine. Individuals, as a
Patient Member or through a Facility Member, can seek medical advice and
opinion and the prescription of medicine through consultations with the medical
practitioners registered with the DN Site. Medical practitioners
registered with us (each, a Registered Physician Member) may provide
medical advice through consultations by text Q&A and/or video, prescribe
medicine and arrange medical testings at laboratories via our DN Site.
Payments for Services are made through DoctorNow using the payment
services providers on the DN Site.
DOCTORNOW IS A PLATFORM ON
WHICH INDIVIDUALS AND HEALTHCARE OR ELDERLY FACILITIES ARE ABLE TO ACCESS MEDICAL
PRACTITIONERS AND HEALTHCARE SERVICES ONLINE. DOCTORNOW IS NOT LICENSED OR
REGISTERED TO PROVIDE MEDICAL ADVICE OR MEDICAL SERVICES.
THE DN SITE DOES NOT
PROVIDE MEDICAL EMERGENCY SERVICES AND SHOULD NOT BE USED IN CASES OF MEDICAL
EMERGENCIES. PLEASE CALL 999 IF EMERGENCY MEDICAL SERVICES ARE
NEEDED.
THIS DN SITE SHALL NOT BE
USED FOR MEDICAL SERVICES THAT REQUIRE IMMEDIATE MEDICAL ATTENTION OR EMERGENCY
CARE AT A HOSPITAL OR MEDICAL CLINIC, SUCH AS, INCLUDING BUT NOT LIMITED
TO:
CHEST PAIN
SEVERE BLEEDING
SEVERE DIFFICULTY IN BREATHING (SHORTNESS OF BREATH)
SUDDEN, SEVERE PAIN ANYWHERE IN THE BODY
MODERATE TO SEVERE BURNS
CONVULSIONS OR SEIZURES
CHANGE IN MENTAL STATUS (SUCH AS UNUSUAL BEHAVIOUR,
CONFUSION, DIFFICULTY WAKING FROM SLEEP)
HEAD OR SPINAL INJURIES
SERIOUS LIMB IMPAIRMENT OR BROKEN BONE
AGREEMENT BETWEEN YOU AND
DOCTORNOW
These Terms and Conditions
form a legally binding agreement between You and DoctorNow. You and we
are hereinafter collectively referred to as the Parties.
By registering with us or
through the continued use of the DN Site, You are undertaking legal obligations
and conferring legal rights. Accessing the System through any medium is
subject to these Terms and Conditions. Do not register or continue the
use of the DN Site unless You agree fully with these Terms and Conditions.
By using the DN Site, You signify Your agreement to these Terms and
Conditions as well as the privacy policy posted on the DN Site.
You represent and warrant
that You possess the legal right and ability to agree to these Terms and
Conditions and to use the DN Site in accordance with these Terms and
Conditions. If You are agreeing to these Terms and Conditions on behalf of
another person or any legal entity, You warrant that You are duly authorized to
do so.
RIGHT TO MODIFY
We reserve the right to
modify or terminate any Services offered by DoctorNow for any reason, without
notice and without liability to You or any third party.
We reserve the right to
modify these Terms and Conditions at any time. Your use of the DN Site means
that You agree to these Terms and Conditions. If we revise these Terms and
Conditions, Your continued use of the DN Site means that You accept those
changes. The applicable Terms and Conditions are those that are posted on
this DN Site at the time of Your use. You shall review these Terms and
Conditions each time You use this DN Site.
DEFINITIONS
1.
Account means the account set up by You upon
registration on the DN Site containing Personal Information and Patient Information
for the arranging of Services and the handling of the payment and remittances;
2.
Materials means, without limitation, all
content, such as text, data, graphics, images, information, advice, videos,
audios, medical records, suggestions, guidance and all other content
available on the DN Site, including information provided in response to
postings and questions;
3.
Medical Services means medical advice,
consultation, procedures, laboratory tests and analysis, opinions, treatments,
and services, including the arranging and provision of medical tests and the
prescribing and dispensing of medicine and pharmaceuticals;
4.
Patient Information means information on a
Patient Member that is uploaded to the DN Site by a Patient Member, Registered
Physician Members or another User, including personal and medical information
and other health information which may be provided by a Patient Member to a
Professional Member;
5.
Patient Member means an individual registered on
the DN Site who seeks medical information, advice or consultation or who
obtains Medical Services on or by use of the DN Site;
6.
Personal Information means any information that
identifies or is related to You including information provided by You in
setting up an Account;
7.
Professional Members means Registered Physician
Members and Registered Medical Laboratories;
8.
Registered Medical Laboratory means a laboratory
or center registered with DoctorNow which provides medical and diagnostic
laboratory testing and analysis to offer Services on the DN Site;
9.
Registered Physician Member means a physician
registered with and holding a practicing certificate issued by the Medical
Council of Hong Kong and registered with DoctorNow to offer Medical Services on
the DN Site;
10.
Services means the services to which You have
been granted access on the DN Site, which include Medical Services, text
Q&A, video conferencing, electronic medical records services,
arranging of medical tests, payment and remittances and other services as may
be introduced by DoctorNow from time to time;
11.
System means that electronic communication
network and system operated by DoctorNow for use by Users and others on the DN
Site, including all hardware and software used or provided by the DN Site, and
all documentation provided by DoctorNow in connection therewith, paper or
electronic;
12.
User means a Registered Physician Member, a
Registered Medical Laboratory, a Patient Member, a Facility Member
or other registered user of the DN Site;
13.
User ID means the unique user identification
assigned to an individual User.
14.
You means the individual accepting these Terms
and Conditions by registering on the DN Site.
B. ACCESS & USE
AS A PATIENT MEMBER
1. Registration and User ID
1.1 If You wish to
schedule an appointment with a Registered Physician Member or conduct a
transaction on the DN Site, You will have to register on the DN Site and become
a registered User prior to the completion of any transaction on the DN Site. To
register on the DN Site, You will have to provide information such as Your
name, email address and phone number and create a User ID and password.
1.2 Registration is a one-time process. You are required to login / sign
into Your Account using the same credentials as provided during the
registration process at every use or access to the DN Site. It is Your
responsibility to keep Your Account information current. We request that You
safeguard Your password to Your Account and make sure that others do not have
access to it.
1.3 You agree that You acquire no ownership rights in any User ID, and
User IDs may be revoked or changed at any time in DoctorNows sole discretion.
You will adopt and maintain reasonable and appropriate security precautions for
User IDs to prevent their disclosure to or use by unauthorized persons.
1.4 You will not permit any third party to have access to the System or
to use the System or the Services without DoctorNows prior written consent.
1.5 It is possible to schedule an appointment through Your Account for
Your family members and friends. While You are able to do so, please note that
You are responsible for any activity that is undertaken through Your Account on
behalf of Your family members and friends. It is strongly advisable that each
individual set up their own Account on the DN Site when accessing our
information and Services.
1.6 In the event that You should permit a minor to use the DN Site and
obtain Medical Services, You represent and warrant that either such minor is
capable of understanding the nature and implications of the Medical Services or
that You are the parent or legal guardian of such Minor, and accept legal
responsibility for any breach of such representation and warranty.
(2)
Selection of Physician and Arrangement for Services
2.1 Upon initial
access to the DN Site, Patient Members will be able to use the search function
on the DN Site to search for a Registered Physician Member with suitable
medical specialty and experience and to select and schedule appointments with
Registered Physician Members and other Professional Members.
2.2 While choosing
Your Registered Physician Members and other Professional Members on the DN
Site, You understand and accept the following:
2.2.1
You are ultimately responsible for selecting Your own medical practitioner or health
care service provider and DoctorNow shall not be held responsible or liable for
the selection of the same. The results of any search You perform on the DN Site
for medical practitioners should not be construed as endorsement by DoctorNow
of such Registered Physician Member.
2.2.2 DoctorNow will provide You with lists and/or
profile previews of our Registered Physician Members who may be suitable to
deliver the health care or Medical Services that You are seeking based on the
information that You provide to DoctorNow (such as area of specialty and
geographical location). Please note that DoctorNow (I) does not recommend or
endorse any medical practitioners or health care providers mentioned on the DN
Site; and (ii) does not make any representations or warranties with respect to
these medical practitioners or health care providers or the quality of the
healthcare services they may provide. DoctorNow shall not be liable for any
reason whatsoever for the services provided by any Registered Physician Member
or other Professional Member, and we bear no liability for the consequences to
You of Your use of the System, the Medical Services or Services.
2.2.3 Information regarding medical practitioners
and health care providers and practice information found on the DN Site is
intended for general reference purposes only. Such information found on the DN
Site is mainly from publicly available information or self-reported by the
medical practitioner or the health care services provider. Such information
often changes frequently and may become out of date or inaccurate. Neither the
DN Site nor DoctorNow provides any advice or qualification certification about
any particular Registered Physician Member or health care services provider.
You are encouraged to independently verify any such information You see on the
DN Site with respect to a medical services provider or health care services
provider that You seek to make an appointment with.
2.3 Patient Members
will be able to use the Q&A function on the DN Site to initiate
communication and obtain preliminary general information regarding certain
medical conditions via a text forum with all Registered Physician Members.
Any Registered Physician Member may respond to a Patient Member request.
It is not the purpose or function of the Q&A for a Registered Physician
Member to give personal medical advice or to prescribe medication, which should
only occur after the Registered Physician Member obtains the Patient
Information and undertakes a proper evaluation and consultation with the
Patient Member.
2.4 After obtaining
initial information through the Q&A, a Patient Member may select the
Registered Physician Member that You wish to engage for further medical
consultation and Medical Services. Upon confirming the selection of a
Registered Physician Member on the DN Site by a Patient Member, the Registered
Physician Member will be able to access Your Patient Information in the Patient
Members profile. Additional Patient Information may be filed and shared
by the Patient Member or his or her Registered Physician Member in the Patient
Members profile.
2.5 Patient Members
may arrange with any Registered Physician Member a medical consultation or
other Medical Services (1) at a medical clinic or other site and or (ii) by video
or text consultations on the DN Site. Medications and pharmaceuticals
prescribed by the Registered Physician Member and directions for their use will
be collected from the clinic of the Registered Physician Member, a licenced
pharmacy and/or delivered to the address of the Patient Member by a courier
service provider designated by DoctorNow.
2.6 Registered
Physician Members may arrange a medical tests and analysis to be carried out on
a Patient Member at a Registered Medical Laboratory. The results of the
medical tests will first be delivered to DoctorNow which shall deliver the same
to the Registered Physician Member who requested the medical testing for
his/her professional assessment and interpretation. The Registered Physician
Member shall be responsible for reporting and advising the Patient Member on
the results of the tests.
2.7 The selected
Registered Physician Member will be solely responsible for the Medical Services
provided to You including the arranging of medical tests and the prescribing of
medicines and pharmaceuticals.
2.8 Patient Members
may use the rating functions to rate and give comments on the Medical Services
of any Registered Physician Members.
(3)
Communication on the DN Site
3.1 You understand
and agree that any interactions and associated issues with the Registered
Physician Members, including but not limited to the Q&A, medical treatment
and/or advice, is strictly between You and the Registered Physician Members.
You shall not hold DoctorNow responsible for any such interactions and
associated issues. DoctorNow is not involved in providing any healthcare or
medical advice or diagnosis and hence is not responsible for any medical
information given by Registered Physician Members and/or Registered Medical
Laboratories, and any consequences or outcome achieved through access to our
Services. If You decide to act on the information or advice or opinion provided
by any of our Registered Physician Members or Registered Medical Laboratories,
You do so at Your own risk and DoctorNow shall have no responsibility or
liability thereafter.
(4)
Upload of information to the DN Site
4.1 You have the
option of uploading Your health/medical information and history on the DN Site.
Once the said information is uploaded, the Registered Physician Members
that You choose to engage with may access the information. While
DoctorNow takes utmost care with respect to the security of the information You
upload to the DN Site, any information that You disclose on the DN Site is done
at Your own risk. By uploading / sharing / disclosing Your medical information
on the DN Site, You hereby give Your consent to DoctorNow to store such health
/ medical information on DoctorNows servers. DoctorNow will retain such
medical / health information You upload on the DN Site for as long as Your
Account remains registered, i.e. not deleted, with us.
4.2 You have the
option of deleting Your Account. If You delete Your Account, DoctorNow will
delete such medical / health information. Despite the aforesaid, please note
that: (1) there might be some latency in deleting this information from our
servers and back-up storage; and (2) we may retain this information if
necessary to comply with our legal obligations, resolve disputes, or enforce
our agreements.
(5)
Sharing of Uploaded Information
5.1 You agree that
any information (other than Your Personal Information and Patient Information)
uploaded through the DN Site is not generally confidential and DoctorNow may
use such information that You supply to improve our services and product
offerings or the DN Site and also to provide You with additional information
DoctorNows products and services. We may use common internet
technologies, such as cookies to manage the information we receive from You.
5.2 Unless we
specifically obtain Your consent to share the Personal Information and Patient
Information You entered into or uploaded to the DN Site, DoctorNow does not
share such information with other Users or third parties. You will be specifically
asked for your consent to disclose Personal Information and/or Patient
Information before disclosure to any other User or third parties. In the event
we provide a product or service to You, we may share certain information only
with organizations who work with DoctorNow in order to provide those services
to You.
5.3 While DoctorNow
takes utmost care with respect to the security of the information (including
Your Personal Information and Patient Information) You decide to upload and/or
share, You understand that any information that You disclose on the DN Site is
at Your own risk. In any event that You do not feel comfortable in disclosing
any information on the DN Site, please do not upload or share such information
on the DN Site. DoctorNow shall not be liable or responsible for any
consequences as a result of any unintentional disclosure of the information You
upload on the DN Site due to technical or system failures.
(6)
Materials on the DN Site
6.1 You acknowledge
and agree that the content, text, data, graphics, images, information,
suggestions, guidance and all other Materials that may be available on the DN
Site, does not constitute professional medical diagnosis or advice or opinion
or treatment of any particular health condition. Such Materials were only
provided for general information and to assist You in finding a suitable and
qualified medical practitioner. The provision of such Materials does not
create a relationship between a medical practitioner and his/her patient.
6.2 We do not make
any guarantees, representations or warranties, whether expressed or implied,
with respect to professional qualifications, quality of work, expertise or
other information provided on the DN Site. We do not in any way endorse any
Professional Members, health service providers or other business entities or
individuals 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.
6.3 We do not
recommend or endorse any doctors, health care providers, medical/health care
procedures, opinions, or other information that may be available on the DN
Site. If You rely on any of the information provided by the DN Site, You do so
solely at Your own risk. The information that You obtain or receive from
DoctorNow, and its employees, contractors, partners, sponsors, advertisers,
licensors or otherwise on the DN Site is for informational and scheduling
purposes only. All medical or health care related information comes from
independent medical practitioners, health care professionals and organizations
which are registered with DoctorNow.
6.4 The Materials
provided on the DN Site and in any other communications from or provided
through DoctorNow is not intended to be a substitute for, nor does it replace,
professional medical advice, diagnosis, or treatment. You should not
disregard, avoid or delay obtaining medical advice from a qualified medical
professional because of the Materials that You may have obtained through the DN
Site. Nothing stated or posted on the DN 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.
C. FEES AND PAYMENTS
1.
DoctorNow allows various Medical Services and other
Services to be accessed on or through this DN Site and we charge a fee for
accessing and use of some of these Services (Paid Services).
Should You wish to have access to Paid Services, You acknowledge that
DoctorNow will collect the payment for such Paid Services for and on behalf of
the Professional Members and other Users providing such Services. You
acknowledge and confirm that DoctorNow is simply a platform and shall not be
liable for the provision of such Services or be treated as the provider of
health care or Medical Services on account of such collection of payments or
for the provision of Paid Services, for any reason whatsoever.
2.
Patient Members agree to the Paid Services fees set out
in [_].
3.
Payment for the Paid Services may be made through payment
gateways designated on the DN Site.
D. INFORMATION STORAGE
(1) Storage and
Access to Information, including Patient Information, Personal
Information and Materials
1.1 DoctorNow
reserves the right to store any information and data placed or collected on the
DN Site, including Patient Information, Personal Information and Materials in a
server located in Hong Kong or anywhere else in the world and You consent to
such storage.
1.2 You acknowledge
that Users of the DN Site may access and use information and data, including
but not limited to Patient Information and Personal Information by You, in and
from locations and jurisdictions outside of Hong Kong and You expressly consent
to any such access and use, provided that access to Patient Information and
Personal Information shall be limited by DoctorNow information access and use
policies.
1.3 DoctorNow may
maintain, delete or destroy all communications and Materials and other
information posted or uploaded to the DN Site pursuant to internal record
retention and/or content destruction policies.
1.4 The System is not
a data room to store Your medical/health records. You understand that
DoctorNow shall not be held liable or responsible for the loss or damage to
such information on the DN Site. It is Your responsibility to ensure that all
Your information, medical or otherwise, uploaded to the DN Site is backed up to
any personal storage device that You may have.
E. DISCLAIMER AND LIMITATION
OF LIABILITY
(1) Disclaimers
1.
DoctorNow is simply a platform to allow Patient Members
to seek Medical Services and related services from the Registered Physician
Members, Registered Medical Laboratories and other health related providers on
the DN Site. DoctorNow does not assume the role of a professional medical body
and does not provide any medical opinions, advice, or consultations or
prescribe medication or other Medical Services. The relationship between
DoctorNow and a Patient Member does not constitute a doctor-patient
relationship. Any doctor-patient relationship established through the use of
the System and the DN Site is between the individual Patient Member and the
Registered Physician Members who are providing Medical Services to the Patient
Member.
2.
Any information, advice, opinion, diagnosis or treatment
provided by our Professional Members are made by and on behalf of particular
Professional Member. DoctorNow is not liable or responsible and does not
endorse or support or recommend any information, advice, opinion, diagnosis or
treatment (if any) given by our Professional Members through or on the DN Site,
or through any other avenues, for any reasons whatsoever.
3.
All Medical Services, Services, the System, Materials and
information and advice that DoctorNow provides on the DN Site is provided as
is and as available without any warranty of any kind, express or implied.
DoctorNow shall have no liability for the consequences to You arising
from or connected to Your use of the System, the Medical Services, the Services
or the Materials on the DN Site.
4.
DoctorNow makes no representations regarding and is not
responsible for the accuracy, completeness, timeliness or utility of the
Materials or other information available from or through the DN Site or the
qualifications or competence of individual, companies or organisation who
placed it there. You assume full risk and responsibility for the use of
information You obtain from or through the DN Site, and agrees that DoctorNow
is not responsible or liable for any claim, loss, or liability arising from the
use of such Materials and information.
5.
DoctorNow does not recommend or endorse any provider of
health care or health-related products, items or services, and the appearance
of Materials on the DN Site relating to any products, items or services,
including any Registered Physician Member, any Registered Medical Laboratories
or other registered Users offering or providing services is not an endorsement
or recommendation of them.
6.
DoctorNow to the fullest extent permissible under
applicable law disclaims all warranties of any kind, either express or implied,
including but not limited to any implied warranties of title, merchantability,
fitness for a particular purpose or non-infringement, with respect to the Services,
the Medical Services, the System, the Materials and any information obtained on
or through the DN Site.
7.
Without limiting the foregoing, DoctorNow does not
represent that access to and transmission from the DN Site will be
uninterrupted or error free, or that defects, if any, will be corrected; nor
does DoctorNow make any representations about, and disclaims responsibility
for, the accuracy, reliability, currency, quality, completeness, usefulness,
performance, security, legality or suitability of the DN Site, including the
video and text functions, or any of the information contained therein.
Additionally, access to and receipt of any transmission form the DN Site
is subject to and dependent on the availability and quality of the internet,
mobile and broadband services.
(2)
Limitation of Liability
2.1 A registered physician member shall be
solely responsible for the Medical Services provided by him or her to You and a
Registered Medical Laboratory shall be solely responsible for the Medical Services
provided by it to You. DoctorNow shall have no liability or
responsibility for Medical Services.
2.2 The total liability of DoctorNow in
connection with or related to the Services or this Agreement, including Your
use of the DN site or Medical Services provided to You, whether based on
contract, tort, law, statute or equity shall in any event and at all times be
limited to the fees paid by You to DoctorNow for Medical Services or Services
performed or provided to You.
2.3 In the event of any problem
with the DN site, any of its content, the Medical Services or the Services ,
You agree that Your sole and exclusive remedies are as set forth in Section
(e)(2)2.2 above and to cease using the DN site. Under no circumstances shall
DoctorNow or any DoctorNow officer, director, employee, associated or
affiliated company, licensor, licensee or supplier be liable in any way in
connection with Your use of the DN site, any of the DN site materials or
content, the Medical Services or the Services, including, but not limited to,
any errors or omissions in any content, any infringement by any content of the
intellectual property rights or other rights of third parties, any medical
testing or laboratory results, the dispensing or delivery of medicines or
pharmaceuticals or for any losses or damages of any kind arising directly or
indirectly out of the use, inability to use, or the results of use of the DN site
or any website or mobile application linked to the DN site, or the materials or
information contained on the DN site or any such website or mobile application.
2.4 Under no circumstances
shall DoctorNow, its officers, directors, employees or any associated or
affiliated company be liable for any punitive, exemplary, consequential,
incidental, indirect or special damages (including, without limitation, any
personal injury, lost profits, business interruption, loss of programs or other
data on Your computer or otherwise) arising from or in connection with Your use
of the DN site, whether under a theory of breach of contract, negligence,
strict liability, malpractice, tort, statutory, equity or otherwise, even if
DoctorNow have been advised of the possibility of such damages.
(3)
Indemnification
3.1 You agree
to indemnify, defend, and hold harmless DoctorNow, its affiliates and
associated companies, officers, directors, and employees, from and against any
claim, action, cause or action, damages, expenses, cost or liability, including
reasonable legal fees, arising out of: (a) the improper use of DN Site or the
System by You; (b) any breach by You of any representations, warranties or
agreements contained in this Agreement; (c) the actions of any person gaining
access to the System under a User ID assigned to You [including but not limited
to the procurement of or access to Medical Services from Professional Member on
the DN Site]; and (d) the actions of anyone using a User ID, password or other
unique identifier assigned to You that adversely affects the System or any
information accessed through the System.
F. INTELLECTUAL PROPERTY
RIGHTS
1.
All intellectual property rights in the Materials, the
System and the DN Site (including modifications, upgrades and enhancements and
videos, images and text shall be and remain the property of DoctorNow and/or
its licensors and is protected by copyright, trademark, patent, trade secret,
and other intellectual property law. Removing or altering the copyright notice
on any Material that appears in the DN Site is strictly prohibited. Nothing
contained in the DN Site should be construed as granting any license or other
right to You without the express written permission of DoctorNow.
2.
In consideration of the Services, You hereby transfer and
assign to DoctorNow all right, title and interest in and to all Materials (for
avoidance of doubt, excepting your Personal Information and Patient
Information) supplied by You to the DN Site.
3.
You agree that any information You provide to the DN
Site, other than Patient Information and Personal Information, is the exclusive
property of DoctorNow, and by submitting such content or material You assign to
DoctorNow all intellectual property rights in such content or material.
You may provide content or material to the DN Site by participating in
forums, discussion groups and the like, or by using the DN Site to create
custom templates and the like. You warrant and agree that any material
You provide will not infringe on the intellectual property or other rights of
others, and will not be otherwise unlawful, infringing, liable defamatory
obscene or a violation of law.
G. REPRESENTATIONS AND
WARRANTIES
1.
You represent and warrant that:
2.
You are competent and legally capable of entering into a
binding contract; and
3.
All information You submit on the DN Site and to
DoctorNow is truthful and accurate and You will ensure the ongoing accuracy of
such information.
H. PROHIBITED USES
1. You agree not to conduct or engage in
any of the following during Your use of the DN Site:
1.
Upload or transmit any communication or content of any
type that infringes or violates any rights of any party;
2.
Use, modify, sell, assign or transfer the content or reproduce,
display, publicly perform, distribute, post, transmit or otherwise use the DN
Site or any of its contents in any way for any public or commercial purpose;
3.
Reverse engineer, disassemble or decompile any software
included in the content;
4.
Use the DN Site for any purpose in violation of local or
international laws;
5.
Use the DN Site as a means to distribute or post
advertising or other unsolicited material to any third party;
6.
Impersonate any person or entity or falsely represent
Your identification or affiliation;
7.
Distribute viruses or other harmful computer code;
8.
Harvest or otherwise collect information about others;
9.
Promote, encourage, or engage in defamatory, harassing,
abusive, or otherwise objectionable behaviour on the DN Site;
10.
Interfere with the operation of the DN Site;
11.
Copy or distribute in any medium any part of the DN Site;
12.
Use the Service or DN Site to cause nuisance, annoyance
or inconvenience;
13.
Impair the proper operation of the network;
14.
Try to harm the System or DN Site in any way whatsoever;
15.
Copy, or distribute the DN Site or other content without
written permission from the Company; and
16.
Reveal Your account password or any identification we
provide to You which allows access to the Service to anyone.
I. TERMINATION
1.
DoctorNow reserves the right to suspend or terminate Your
access to the DN Site, Your Account and/or Your registration as a Patient
Member for any reason at any time. Suspension or termination may occur if
You (a) violate any provision of these Terms and Conditions, or (b) if You
engage in any conduct that DoctorNow believe is offensive to DoctorNow staff,
violates the rights of DoctorNow or any third party, or could in our judgment
result in claims or liability against DoctorNow.
2.
Upon Your suspension or termination as set forth in this
Section I, Your right to provide any Services or access any information on the
DN Site shall immediately cease and DoctorNow reserves the right to remove or
delete Your information made available to DoctorNow. In particular, DoctorNow
owes no further obligations to You in respect of access to any information or
records that You may have stored on the System upon suspension or termination
of Your Account.
3.
It is possible that at the time of suspension or
termination Registered Member Physicians may be obligated to provide certain
Patient Members with continuing Medical Services under his applicable legal,
ethical and professional obligations to them. However, such continuing
provision of Medical Services will be provided through means that are not
related to DoctorNow and DoctorNow shall have no connection whatsoever with the
continued Medical Services being provided to You.
J. FORCE MAJEURE
1.
Neither Party shall be liable or deemed in default for
failure to fulfil any obligation under these Terms and Conditions due to causes
beyond its reasonable control. Such causes or conditions shall include, but
shall not be limited to, acts of God or of the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, shortages of labor or materials,
freight embargoes, unusually severe weather, electrical power failures, telecommunication
or internet backbone outages, failure of an internet access provider or other
similar causes beyond the Parties' control, and neither Party shall be liable
for losses, expenses or damages, ordinary, special, remote or consequential,
resulting directly or indirectly from such causes.
K. GOVERNING LAW AND
JURISDICTION
1.
These Terms and Conditions and Your use of the DN Site
shall be governed by the laws of the Hong Kong Special Administrative Region,
the Peoples Republic of China without regard to any conflict of laws
principles.
L. DISPUTE RESOLUTION
1. Any dispute, claim,
difference or controversy arising out of or relating to these Terms and
Conditions, including the existence, validity, interpretation,
performance, breach or termination thereof, or any dispute relating
to non contractual obligations arising out of or in relating to it, including
the Services, the provision of Medical Services, the use of the DN Site or the
Systems or information to which it gives access, shall be referred to and
determined by arbitration administered by the Hong Kong Arbitration Centre (the
HKIAC).
2.
The arbitration shall be conducted in accordance with the
rules of the HKIAC in force at the time of applying for arbitration. The
number of arbitrators conducting the arbitration shall be [one or three].
Unless the Parties agree otherwise, the arbitration shall be conducted in
English. The seat of arbitration shall be Hong Kong. The arbitration
award rendered by the HKIAC shall be final and binding on all the relevant
parties. The arbitration expenses shall be borne by the losing party unless
otherwise determined in the award.
M. Compliance with Applicable
Laws and Rules
1.
You will comply with these Terms and Conditions,
DoctorNows policies and procedures from time to time notified and implemented,
and all applicable laws and regulations.
2.
DoctorNow offers no assurance that Your use of the System
and the Services under this Agreement will not violate any law or regulation
applicable to You.
3.
DoctorNow maintains the DN Site in Hong Kong and makes no
representation and expressly disclaims any statement or assurance that the
Materials and Services on the DN Site are appropriate or available for use in
locations outside of Hong Kong. If You access the DN Site outside of Hong
Kong, You do so at Your own risk and initiative.
4.
You agree that DoctorNow, DoctorNows licensors,
licensees and service providers, Users and all other persons or entities
involved in the operation of the System and functionalities provided through
the DN Site, have the right to monitor, retrieve, store, review and use Patient
Information, if applicable, in connection with the operation or use of the
System, Personal Information and as required for the provision of the Services.
5.
DoctorNow does not assume any responsibility for Your use
or misuse of the Materials or other information transmitted, monitored, stored
or received while using the DN Site or otherwise, including the receipt and use
of Patient Information outside of Hong Kong. DoctorNow reserves the right to
amend or delete any Material (along with the right to revoke any membership or
restrict access to the DN Site and System) that in DoctorNows sole discretion
violates the above.
N. GENERAL PROVISIONS
1.
These Terms and Conditions constitute the entire
agreement between the Parties with respect to and govern Your use of the DN
Site, the System, the Medical Services and the Services, superseding any prior
written or oral agreements in relation to the same subject matter herein.
2.
If any provision of these Terms and Conditions is held to
be invalid or unenforceable, such provision shall be deleted and the remaining
provisions shall remain valid and be enforced.
3.
The headings of these Terms and Conditions are for
reference purposes only and do not in any way define, limit, construe or
describe the scope or extent of such section or the provisions contained
therein.
4.
A Partys failure to enforce any right or failure to act
with respect to any breach by a Party under these Terms and Conditions will not
constitute a waiver of that right nor a waiver of such Partys right to act
with respect to subsequent or similar breaches.
5.
The provisions of the Contracts (Rights of Third Parties)
Ordinance (Cap. 623) of the laws of Hong Kong are expressly excluded from these
Terms and Conditions and any other documents issued pursuant thereto.
6.
The Terms and Conditions shall be binding on the
successors and permitted assigns of each of the Parties.
7.
Words in the Terms and Conditions indicating the singular
only also include the plural and vice-versa where the context so
requires.