DOCQUITY: TERMS OF USE

Effective Date: 01 February 2022

  • Introduction

  • General Terms and Conditions

  • The Docquity Service

  • Grant Of License

  • Personal Data Protection

  • Confidentiality

  • Intellectual Property

  • Termination

  • Disclaimers

  • Limitation Of Liability

  • Indemnification

  • Modifications To, or Discontinuation Of, The Service

  • Dispute Resolution

  • Miscellaneous

Welcome to Docquity, a social network and professional resource for registered doctors, physicians and healthcare professionals across Asia.

By registering as a Docquity User (defined below) or otherwise accessing or using our website located at www.docquity.com , and all affiliated websites, APIs and any other applications , including the Docquity Mobile App (“ Application ”) published by us or our affiliates (“ Sites ”) , including any related services, you are entering into a legally binding contract with Docquity Holdings Pte. Ltd. (UEN: 201703503D), a company incorporated in Singapore with its registered office at 150 Beach Road, #35 – 28, The Gateway West, Singapore 189720 , including our subsidiaries, affiliates and related corporations (“ Docquity ”, “ we ”, “ us ” or “ our ”).

We offer our Services (defined below) through a secure peer-to-peer digital platform that functions as a social network by connecting registered doctors, physicians and healthcare professionals across the region (“ Users ” or “ you ”) and enabling consultation, collaboration, and information and knowledge sharing.

For the purposes of these Terms, “ Services ” means all platform services and applications (including but not limited to (i) “”“DocTalks”, a library of short video lectures from medical experts; (ii) live and interactive webinars by key opinion leaders discussing specialised medical topics; (iii) access to international medical journals; (iv) medical events calendar; (v) access to HIPPA compliant chat platform; (vi) summarised medical articles; (vii) provision to earn accredited “SKP” / Continued Professional Development (“CPD”) / Continued Medical Education (“CME”) credits from leading medical associations and institutions; (vii) provision of storing certifications on a virtual wallet on the Site; (ix) provision to receive drug samples and specialized content from top pharmaceutical companies for trial;(x) access to medical guidelines1; (xi) access to clinical case discussions; medical insights and polls;(xii) specialised channels that are accessible through the Site(s) (including the publicly available portions of the Site).

We cannot provide the Services without processing personal information about you and other Docquity Users. Processing this information is an essential and necessary aspect of the Services that we provide.

Your access and use of the Services are governed by these terms of service (the “ Terms ”). By accessing the Services through any Sites, you acknowledge that you have read these Terms and that you agree to be bound by it. If you do not agree to be bound, please do not access the Services.

2. General Terms and Conditions

2.1 By accessing the Services through our Site, you agree to be bound by these Terms and by the Privacy Policy available at http://dev.docquity.com/privacy-policy/. You also agree to be bound by any additional terms and conditions that are referenced herein or that otherwise may apply to the use of the Services.

2.2 The Web is an evolving medium. We reserve the right to change or modify these Terms. In the event that we change or modify these Terms, we will publish the revised Terms on our Site(s) with the date of last revision duly recorded. You agree to review the latest version of the Terms each time you use the Services so that you are aware of any changes or modifications. By continuing to use the Services following the date of the latest revision, you agree to be bound by the revised Terms.

3. The Docquity Service

A. User Account

(i) To be eligible to join the Docquity network and register for a user account (“ User Account ”) with us, you represent and warrant that you are a qualified doctor, physician or healthcare professional and that your use of the Services do not violate any applicable laws or regulations in your jurisdiction.

(ii) When registering for an Account, you will be asked to provide us with certain information, including your name and mobile number. You will also be prompted to verify your identity and credentials by providing us a copy of your professional license, medical ID or other relevant information or documentation. Upon successful registration, we will provide you with a User Account, which is accessible to you with a One-Time Password (“ OTP ”) sent to your registered mobile number.

(iii) Your User Account enables you to access the Site(s) using your electronic device in accordance with these Terms. You must not transfer or share your User Account or OTP with anyone, or create more than one User Account. You are responsible for maintaining the confidentiality of your log-in details and for all activities that occur under your User Account. You must not at any time use the Account of any other person. You should notify us immediately at support@docquity.com if you believe there has been unauthorized access to your User Account.

(iv) By registering for a User Account, you represent, warrant, and undertake that all information provided to us is truthful, accurate, up-to-date, and complete.

(v) Your failure to maintain accurate, up-to-date, and complete information may result in your inability to obtain the Services and / or to access the Site(s) and use your User Account.

B. Use of the Services

(i) The Services are intended for use by registered doctors, physicians, and healthcare professionals. The information made available through the Services are provided for informational purposes only and is not intended as a substitute for your professional judgment as a doctor, physician, or healthcare professional when diagnosing or treating patients. You are solely responsible for evaluating the information obtained through the Services and for your decision to use such information in connection with your treatment decisions and otherwise. Your use of the information obtained through the Services is solely at your own risk, and you agree that Docquity, and its officers, directors, employees, shareholders, agents, representatives are not responsible or liable for any claim, loss, or damage arising from your use of such information. Docquity does not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned in the Services, and we assume no responsibility for such information. If you access or use certain Services for a commercial purpose on behalf of a company, hospital or other entity that has entered into a separate agreement with Docquity, then to the extent of a conflict between that agreement and these Terms, that agreement will govern your access and use of the Services on behalf of that company, hospital or other entity.

(ii) By using the Services, you represent, warrant, agree and undertake that:

(i) you will comply with all applicable laws, regulations or professional conduct rules applicable to you and your use of the Services, including without limitation, those relating to patient privacy, medical care and treatment, in relation to any country in which you provide your professional services;

(ii) you will not, in your use of the Services, cause nuisance, annoyance, inconvenience or property damage to Docquity or to any other party in any manner that could disable, overburden, damage or impair any component of the Services;

(iii) you will not transmit any advertising or promotional materials to other Users without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; and

(iv) you will not engage in any other conduct that inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm Docquity or other Users of the Services.

4.8 You acknowledge and agree that we are not a medical or healthcare service provider. In the event of any dispute between you and any other Docquity User, you release us from any and all claims, demands, and damages arising out of or in connection with such disputes.

C. User Content

(i) The Services enables users to communicate information to others in many ways including through their profiles, social actions (e.g., liking, sharing, or commenting on a post or newsfeed article), and through our User communication tools. We authorize you to use these tools for clinical, non-commercial purposes, unless otherwise expressly approved by Docquity. You are solely responsible for your interactions with other Docquity Users. Docquity reserves the right, but has no obligation, to monitor disputes between you and other Users and respond as necessary to enforce the terms of these Terms.

(ii) Subject to adherence to the Content Standards in paragraph 4.2(l), you may choose to submit, upload and post content (including without limitation, data, text, photographs, videos, audio clips) to the Site(s) in a variety of ways, including through your profile, posts, and newsfeed comments (“ User Content ”) in accordance with the terms of these Terms. You represent and warrant that you own all rights, title, and interests in and to all User Content provided by you. You understand and acknowledge that you are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. Docquity is not responsible for User Content, nor does it endorse any opinion contained in any User Content.

(iii) You understand that Docquity may, but has no obligation to, monitor, review, provide specific content or edit User Content. In all cases, we reserve the right to remove any User Content for any or no reason, including User Content that we determine in our sole discretion violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of our Users or members of the public, or that could create liability for us. We may take these actions without prior notification to you, and shall have no liability to you or to any third party as a result of any such action.

(iv) Unless otherwise agreed by you and Docquity, any original User Content you submit to Docquity remains your property, and you may choose to make it available to others. By posting, uploading or otherwise submitting User Content and other information on the Site, you grant Docquity a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free, fully-paid up license to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, process, analyze, index, tag, use and commercialize such User Content and other information, including registration data in any media, form or format now known or hereafter developed, in any manner that is consistent with Docquity’s Terms, Privacy Policy and applicable law. By submitting ideas, suggestions, or other feedback to Docquity, you agree that we can use, share, and commercialize such feedback for any purpose without restriction and without any obligation to make any compensation to you.

4. Grant Of License

4.1 Subject to the terms of these Terms, we grant you a limited, revocable, non-exclusive, non- assignable, non-transferable license to access the Site(s) and Services for your personal, non- commercial use, unless otherwise agreed by Docquity, and only as permitted by the features of the Services. Any other use of the Site(s) is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights in the Sites and Services, including any content made available through the Sites and Services, and our consent to your use of the Services does not impair those rights in any way. For the avoidance of doubt, you are not granted a right to re-use or re-publish any content made available through the Services including, without limitation, User Content submitted by other users, without the express written permission of Docquity or such User, as applicable.

4.2 You shall not:

(a) reuse or republish any content made available through the Services including, without limitation, content posted by other Docquity Users, without the express written permission of Docquity or such other User, as applicable;

(b) copy any of the material made available through the Site(s) or Services for any commercial purposes, including through the scraping of content;

(c) attempt to obtain unauthorized access to or interfere with the Site(s) or Services, any Docquity computer system, software or network, including through reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets;

(d) tamper with, breach or attempt to probe, scan, or test for vulnerabilities in the Site(s), Services or Docquity’s computer systems, network, security elements, or any other protective measures associated with the Services;

(e) use any software, devices, scripts, robots or any other means or process to view, access or “scrape” the Site(s) or Services or otherwise copy information from the Services;

(f) reproduce or redistribute content provided through the Site(s) or Services, including through “framing” or “mirroring” or through third parties, without Docquity’s consent;

(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site(s) or Services or any related technology that is not open source;

(h) monitor the availability, performance or functionality of any of the Services for any competitive purpose;

(i) deep-link to any of our websites (i.e., linking to a Docquity web page other than the Docquity home page) unless solely to promote your profile in relation to the Services, or as otherwise expressly approved by Docquity in writing on a case-by-case basis;

(j) infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context, unless expressly approved by Docquity in writing;

(k) introduce into the Site(s) or the Services any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(l) host, display, upload, modify, publish, transmit, update, or share any information or material on the Site(s) or through the Services that:

(i) belongs to another person and over which you do not have sufficient legal rights;

(ii) misrepresents your current or past affiliations, or otherwise contains fraudulent, deceptive or misleading content;

(iii) contains any information that identifies a patient or could reasonably enable the identification of a patient through provision of without limitation, his or her name, e-mail address, identification number, biometric identifiers, facial images and or photographs of identifying marks including tattoos or scars;

(iv) contains any confidential information of any third party, or violate any contractual restrictions to which you are subject;

(v) is grossly harmful, offensive, abusive, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, fake news, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(vi) harms minors in any way;

(vii) infringes any patent, trademark, copyright or other proprietary rights; or

(viii) impersonates any other person;

(i. to viii. are collectively referred to as “Content Standards”); or

(m) authorize or encourage any third party to do any of the foregoing.

4.3 If you do or attempt any such foregoing acts, we may terminate your access to the Site(s) and/ or the Services. We may also further report such actions to the appropriate law enforcement authorities and commence legal proceedings against you.

5. Personal Data Protection

5.1 Our Privacy Policy available at: http://dev.docquity.com/privacy-policy/ explains how we collect, use, and share personal information in connection with your use of the Site(s) and the Services. We encourage you to read our Privacy Policy carefully because by accessing and using the Services in any way, you consent to the handling of your personal information as described in the Privacy Policy.

5.2 The Services includes links to third-party web sites (” Third-Party Sites “). You are responsible for evaluating whether you want to access or use a Third-Party Site, and agree and understand that our inclusion of a link to a Third-Party Site in no way constitutes our affiliation with or endorsement of such site or its content. Third-Party Sites are governed by their respective terms of service and privacy policies, and we encourage you to review the terms and policies of any Third-Party Site before using it.

5.3 By registering as a Docquity User, you agree to receive communications from Docquity related to the Services based on the contact information you provide us, including through our messaging tools and email. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You may opt-out of receiving certain communications from Docquity as described in our Privacy Policy.

6. Confidentiality

6.1 You shall keep confidential all information and materials about the Site(s) and Services, and all information of a secret, confidential or proprietary nature concerning our business or affairs and which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us or the performance of these Terms (“ Confidential Information ”).

6.2 In the event that we discover that you have made or make or intend to make or cause to be made any unauthorized disclosure of the Confidential Information, we shall be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition to or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of the breach of these Terms and to further protect the Confidential Information.

7. Intellectual Property

A. Proprietary Rights

(i) You acknowledge and agree that the Site(s) and Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Docquity. Furthermore, you acknowledge and agree that the source and object code of the Site(s) and the format, directories, queries, algorithms, structure and organization of the Site(s) are the intellectual property and proprietary and confidential information of Docquity and its affiliates, licensors and suppliers. You are not granted any intellectual property rights in and to the Application not expressly granted in these Terms and such rights are hereby reserved and retained by Docquity.

(ii) The name “Docquity”, the Docquity logo  and other Docquity logos and product and service names are the exclusive trademarks of, and are owned by, Docquity, and you may not use or display such trademarks in any advertising, publicity or in any other commercial manner without Docquity’s prior written permission. Any third-party trademarks or service marks displayed on the Services are the property of their respective owners. Your use of the Services grants you no right to reproduce, license or otherwise use any such trademarks, logos, or other proprietary marks.

B. Third Party Content

The Site(s) may utilize or include third-party content and software (“ Third-Party Content ”) that is subject to open source and third-party terms of service. You acknowledge and agree that your right to use such Third-Party Content as part of your access to the Site(s) is subject to and governed by the terms and conditions of the open source and third-party terms of service applicable to such Third-Party Content, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between the terms of these Terms and the terms of such open source or third-party terms of service, the terms of the open source or third-party terms of service shall prevail with regard to your use of the relevant Third-Party Content. In no event shall the Site(s) or components thereof be deemed to be open source or publicly available software.

C. Infringement Acknowledgement

You acknowledge and agree that in the event of a third-party claim against you that the Site(s) or Services or your possession or use of the Site(s) or Services infringes any third-party’s intellectual property rights, you (and not Docquity) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Docquity in writing of such a claim.

8. Termination

8.1 These Terms shall commence on the date that it is accepted by you and shall continue for as long as you use the Services. Each time you access our Site(s), you are renewing your agreement to be bound by these Terms.

8.2 You may deactivate your Account and end your registration at any time by sending an email to support@docquity.com.

8.3 Notwithstanding the foregoing, we may terminate your use of the Services, or generally cease offering or deny access to the Site(s) or the Application or any part thereof, at any time for no reason with or without notice.

8.4 In the event of such termination, Docquity reserves the right to maintain, delete or destroy all communications and materials posted or uploaded in any Site(s) or the Application, accordance with its data retention and/or destruction policies subject to applicable law.

8.5 The application of these Terms shall be without prejudice to any other rights or remedies which either party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force. Without prejudice to the foregoing, Clauses 6 (Confidentiality), 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability) and 11 (Indemnification) shall survive these Terms.

9. Disclaimers

9.1 While we make every effort to ensure that all content on our Site(s) is up-to-date and complete, we make no representation or warranty about the Service, including that: (a) it will be uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) the information you obtain through the Service is accurate or complete; (c) the Services, including the quality of information or other materials obtained by you through the Site(s) will meet your requirements or expectations; (e) any stored data will be accurate or reliable; (f) content errors or defects will be corrected; or (g) the Site(s) or our servers are free of viruses or other harmful components.

9.2 The Services and all content, information (including, without limitation, user profile information), tools and features made available through the service, are provided on an “as is” and “as available” basis. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.

9.3 Your use of and reliance upon the Site, Services and any information contained in or provided through the Site(s) is at your sole risk and discretion.

9.4 Your access to the Site(s) may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the electronic device that you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

9.5 If you are dissatisfied with the service, you agree that your sole and exclusive remedy is to terminate your Docquity account in accordance with paragraph 8.2 of these Terms.

10. Limitation Of Liability

To the fullest extent permissible under applicable law, in no event shall Docquity be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with these Terms, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.

11. Indemnification

You agree to indemnify hold harmless Docquity, its officers, directors, employees, agents, representatives, from and against any claims, proceedings, losses, expenses, damages, and costs, including legal fees arising out of or in connection with (a) your failure to comply with these Terms, (b) use of your User Account other than in accordance with these Terms, (c) any content you submit to the Services including, without limitation, User Content, (d) your access and use of the Services, (e) your violation of law or regulation; (f) your negligence or wilful misconduct; (g) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.

12. Modifications To, or Discontinuation Of, The Service

We make reasonable efforts to keep the Site(s) and all of the Services fully operational, however we may encounter technical difficulties or engage in maintenance or updates to the Site(s) and Services that may cause temporary interruptions. We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently the Site(s) and functions and features of the Service or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Site, the Services, or any portion thereof.

13. Dispute Resolution

These Terms shall be governed by the laws of Singapore, without regard to excluding its conflicts of law principles. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of Singapore.

14. Miscellaneous

A. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Docquity as a result of these Terms or your use of the Site(s), the Application or the Services.

You shall not hold yourself out as an agent, partner employee or representative of Docquity.

B. Entire Agreement

These Terms constitutes the entire, complete, and exclusive agreement between Docquity and you regarding your use of the Services and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, with respect to the subject matter of these Terms.

C. Rights of Third Parties

These Terms is not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by Docquity or you.

D. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.

E. Waiver

Docquity’s failure to enforce any right or provision, or require performance of an obligation in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

F. Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without Docquity’s prior written consent. Docquity may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 14 days prior notice.

G. Communication

Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Docquity via email, through the Application or Site(s), or a messaging service (including SMS, WhatsApp and WeChat).