General Terms and Conditions
The Docquity Service
Grant Of License
Personal Data Protection
Disclaimers and No Warranties
Limitation Of Liability
Modifications to or Discontinuation of the Service
Governing Law and Dispute Resolution
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 www.docquity.com, all affiliate websites, APIs and any other applications, including the Docquity Mobile App (“ Application ”) published by us or by 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 having 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 for connecting registered doctors, physicians and healthcare professionals across the region (“ Users ” or “ you ”) and for enabling consultation, collaboration, as well as 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 guidelines; (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.
2. General Terms and Conditions
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 (a) you can enter into legally binding contracts under applicable laws; (b) you are a qualified doctor, physician or healthcare professional; (c) you and/or a Child User cannot access or use the Services if you are barred from receiving the Services under any applicable laws or have previously been barred from using the Services; and (d) that your use of the Services do not violate any international, federal, state or local law, statute, ordinance or regulation or which would render Docquity in violation of any applicable laws or regulations, including without limitation, applicable privacy laws 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 medical 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 firstname.lastname@example.org 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) You agree to maintain accurate, up-to-date, and complete information and understand that the failure to do so may result in your losing access to the Services and / or to access the Site(s) as also to the use of 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 or 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.
You acknowledge and understand 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 enable 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(m), 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. 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 rights 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.
4. Grant Of License
4.1 Subject to 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 is 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 or distribute 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) jeopardize the security of User Account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses;
(m) 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
5.2 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.
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, license 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, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Docquity in writing of such a claim.
D. Indemnification Upon Infringement
To the fullest extent permitted by law, you shall defend, indemnify, and hold Docquity, its officers, directors, employees, agents, representatives harmless from against any and all claims resulting from allegations of infringement of any patents, copyrights, trade secret, or similar intellectual property rights covering the Content uploaded by you or use of any Services. You further agree to hold harmless Docquity against any infringement by you or any third-party using your account of any Intellectual Property, or other right of any person or entity, including in connection with the User Content.
8.1 These Terms shall commence on the date that it is accepted by you and shall remain in full force and effect while you use the Services, unless your account is terminated as provided in these Terms, in which case you no longer have the right to 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 e-mail to email@example.com. Upon receipt of such e-mail, your account is automatically deleted and Docquity shall have the right, without obligation, to disable User’s access to use the Services and dispose of, or archive any of the User’s Data in its possession.
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.
8.5 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 and No Warranties), 10 (Limitation of Liability) and 11 (Indemnification) shall survive these Terms.
9. Disclaimers and No Warranties
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 timely, secure, accurate, free from errors or is 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 as the internet is not a 100 per cent secured environment.
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.
11.1 You agree to 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 breach or alleged breach of these Terms, or any violation of 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 willful misconduct; (g) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users; (h) 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.
11.2 You acknowledge that Docquity does not supervise or administer the Content published by commercial clients’, business partners, research institutions, User(s) or any third-party on the Site(s) or Application or any other platform of Docquity. You agree to hold harmless Docquity and not to initiate any claim arising out of or in connection with any Content that is plagiarized, whether audio, visual or written, present on the Site(s), Application or elsewhere by the User(s) or any third-party.
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. Governing Law and 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.
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.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
D. Rights of Third Parties
These Terms are 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 by you.
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.
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.
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.
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 e-mail, through the Application or Site(s), or a messaging service (including SMS, WhatsApp and WeChat).
I. Feedbacks / Complaints
We are committed to provide excellent user experience. Any and all your feedback about the Services, for instance suggestions / inputs for updates, alterations, changes, modifications, amendment shall be the property of Docquity and you hereby assign / transfer any right to such feedback(s) / suggestion(s) / input(s) to Docquity without any consideration.