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.
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”.
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.
A. 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.
- “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;
- “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;
- “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;
- “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;
- “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;
- “Personal Information” means any information that identifies or is related to You including information provided by You in setting up an Account;
- “Professional Members” means Registered Physician Members and Registered Medical Laboratories;
- “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;
- “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;
- “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;
- “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;
- “User” means a Registered Physician Member, a Registered Medical Laboratory, a Patient Member, a Facility Member or other registered user of the DN Site;
- “User ID” means the unique user identification assigned to an individual User.
- “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 DoctorNow’s 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 DoctorNow’s 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 Member’s profile. Additional Patient Information may be filed and shared by the Patient Member or his or her Registered Physician Member in the Patient Member’s 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 DoctorNow’s 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 DoctorNow’s 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
- 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.
- Patient Members agree to the Paid Services fees set out in [∙].
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
3.1 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
- 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.
- 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.
- 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
- You represent and warrant that:
- You are competent and legally capable of entering into a binding contract; and
- 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
- You agree not to conduct or engage in any of the following during Your use of the DN Site:
- Upload or transmit any communication or content of any type that infringes or violates any rights of any party;
- 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;
- Reverse engineer, disassemble or decompile any software included in the content;
- Use the DN Site for any purpose in violation of local or international laws;
- Use the DN Site as a means to distribute or post advertising or other unsolicited material to any third party;
- Impersonate any person or entity or falsely represent Your identification or affiliation;
- Distribute viruses or other harmful computer code;
- Harvest or otherwise collect information about others;
- Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behaviour on the DN Site;
- Interfere with the operation of the DN Site;
- Copy or distribute in any medium any part of the DN Site;
- Use the Service or DN Site to cause nuisance, annoyance or inconvenience;
- Impair the proper operation of the network;
- Try to harm the System or DN Site in any way whatsoever;
- Copy, or distribute the DN Site or other content without written permission from the Company; and
- Reveal Your account password or any identification we provide to You which allows access to the Service to anyone.
- 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.
- 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.
- 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
- 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
- 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 People’s Republic of China without regard to any conflict of laws principles.
L. DISPUTE RESOLUTION
- 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”).
- 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
- You will comply with these Terms and Conditions, DoctorNow’s policies and procedures from time to time notified and implemented, and all applicable laws and regulations.
- 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.
- 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.
- You agree that DoctorNow, DoctorNow’s 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.
- 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 DoctorNow’s sole discretion violates the above.
N. GENERAL PROVISIONS
- 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.
- 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.
- 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.
- A Party’s 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 Party’s right to act with respect to subsequent or similar breaches.
- 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.
- The Terms and Conditions shall be binding on the successors and permitted assigns of each of the Parties.
- Words in the Terms and Conditions indicating the singular only also include the plural and vice-versa where the context so requires.