Terms and conditions

LEGAL NOTICE

0. OBJECT

This legal notice regulates the use and usage of the website owned by TOP DOCTORS INC (hereinafter TD).

Browsing the TD website gives you the status of USER of the same and entails your full and unreserved acceptance of each and every one of the conditions published in this legal notice, warning that said conditions may be modified without prior notification by part of TD, in which case it will be published and notified as far in advance as possible.

For this reason, it is advisable to read its contents carefully if you wish to access and make use of the information and services offered from this website.

The user also undertakes to make correct use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice, and will respond to TD or to third parties, of any damages that may be caused as a result of the breach of said obligation.

Any use other than that authorised is expressly prohibited, and TD may deny or withdraw access and use at any time.

1. IDENTIFICATION

TD, in compliance with Law 34/2002, of July 11^th, on Services of the Information Society and Electronic Commerce, informs you that:

• Its corporate name is: Top Doctors INC Sucursal en España

• Its commercial name is: Top Doctors

• Its NIF is: W4009543B

• Its registered office is at C / MUNTANER, 239 – 4ª PLANTA CP08021. BARCELONA, province of BARCELONA (SPAIN).

• It is registered in the Mercantile Registry of Barcelona, in Volume 46790, Folio 149, Page B531007

2. COMMUNICATIONS

To communicate with us, we put at your disposal different means of contact that we detail below:

• Phone: 935351260

• Email: info@topdoctors.es

• Postal address at C / MUNTANER, 239 – 4ª PLTA CP08021. BARCELONA, province of BARCELONA (SPAIN).

All notifications and communications between users and TD will be considered effective, for all purposes, when made through any of the means detailed above.

3. CONDITIONS OF ACCESS AND USE

The website and its services are freely accessible. However, TD may condition the use of some of the services offered on its website to the prior completion of the corresponding form.

The user guarantees the authenticity and timeliness of all the data that they communicate to TD and will be solely responsible for any false or inaccurate statements made.

The user expressly agrees to make appropriate use of the contents and services of TD and not to use them for, among others:

• Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defence of terrorism or, in general, contrary to the law or public order.

• Introducing computer viruses into the network or taking actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of TD or third parties; as well as obstructing the access of other users to the website and its services through the massive consumption of the computer resources through which TD provides its services.

• Attempting to access the email accounts of other users or restricted areas of TD’s or third-party computer systems and, where appropriate, extract information.

• Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of TD or third parties.

• Impersonate the identity of any other user.

• Reproduce, copy, distribute, make available to, or any other form of public communication, transform or modify the content, unless you have the authorisation of the owner of the corresponding rights or it is legally permitted.

• Collect data for advertising purposes and to send publicity of any kind and communications for sale or other commercial purposes without your prior request or consent.

All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to TD, without any of the contents being transferred to the user exploitation rights over them beyond what is strictly necessary for the correct use of the web.

In short, users who access this website can view the contents and make, where appropriate, authorised private copies provided that the reproduced elements are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any kind of exploitation.

Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of TD, without it being understood that the use or access to it gives the user any right over them.

The medical professional, by writing informative articles or videos on the website and, therefore, publishing content in TD, will be granting TD a worldwide, non-exclusive, royalty-free and transferable license (with sub-license right) to use, reproduce, distribute, make derivative works from, display and execute that Content in connection with the provision of the Services and with the operation of the Service and TD’s activity, including without limitation, for the purposes of promotion and redistribution of all or part of the Service (and its derivative works) in any format and through any communication channel.

The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised by the owner of the exploitation rights are prohibited.

The establishment of a hyperlink does not imply in any case the existence of relations between TD and the owner of the website on which it is established, nor the acceptance and approval by TD of its contents or services.

TD is not responsible for the use that each user gives to the materials made available on this website or for the actions carried out based on them.

3.1 EXCLUSION OF GUARANTEES AND RESPONSIBILITY IN ACCESS AND USE

The content of this website is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, or its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose.

TD excludes, as far as the legal system allows, any liability for damages of any kind arising from:

• The inability to access the website or the lack of veracity, accuracy, completeness and / or timeliness of the content, as well as the existence of vices and defects of all kinds of the content transmitted, disseminated, stored, made available, to those that have been accessed through the website or the services offered.

• The presence of viruses or other elements in the content that may cause alterations in computer systems, electronic documents or user data.

• Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the website. In particular, and by way of example, TD is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and the image itself, as well as the regulations on the matter of unfair competition and illegal advertising.

Likewise, TD declines any responsibility regarding the information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources capable of expanding the content offered by this website. TD does not guarantee or take responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. TD is not responsible for the establishment of hyperlinks by third parties.

3.2 PROCEDURE IN THE EVENT OF CARRYING OUT ILLEGAL ACTIVITIES

In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and / or the performance of any activity on the web pages included or accessible through the website, they must send a notification to TD duly identifying and specifying the alleged infractions.

3.3 PUBLICATIONS

The administrative information provided through the website does not replace the legal publicity of the laws, regulations, plans, general provisions and acts that have to be formally published in the official gazettes of public administrations, which constitute the only instrument that attests to its authenticity and content. The information available on this website should be understood as a guide without the purpose of legal validity.

4. APPLICABLE LEGISLATION

The present conditions will be governed by current Spanish legislation.

The language used will be Spanish.

CONDITIONS OF USE

0. OBJECT

These General Conditions regulate the USE of the services offered on the website www.topdoctors.es, which is owned by TOP DOCTORS INC Sucursal en España (hereinafter, TD).

These conditions of use are complemented, in the case of professionals or centres that use directory services or query management software, as well as those that contract the services offered by TD, by some GENERAL CONDITIONS OF TD for PROFESSIONALS AND MEDICAL CENTRES (see).

The USE of any of the services entails the full and unreserved acceptance of each and every one of the General Conditions that are indicated, as well as the Legal Notice, without prejudice to the acceptance of the Particular Conditions that may be applicable.

Certain content of the website and the APP of TOP DOCTORS INC Sucursal España, contain the possibility of contracting online. The use of them will require reading and mandatory acceptance of the general contracting conditions established for this purpose by TOP DOCTORS INC. TOP DOCTORS INC informs that to make the online purchase you will be redirected to the Stripe website.

These General Conditions may be modified without prior notification, therefore, it is advisable to read their content carefully before accessing any of the services offered.

In the event of disagreeing with all or part of these Conditions, the Client must refrain from continuing to use the website and / or its services.

1. IDENTIFICATION

TD, in compliance with Law 34/2002, of July 11^th, on Services of the Information Society and Electronic Commerce, informs you that:

• Its corporate name is: TOP DOCTORS INC Sucursal en España.

• Its commercial name is: Top Doctors.

• Its CIF is: W4009543B

• Its registered office is at: C / MUNTANER 239 – 4th floor CP 08021 BARCELONA (SPAIN).

• It is registered in the Mercantile Registry of Barcelona, in Volume 46790, Folio 149, Page B531007

2. COMMUNICATIONS

To communicate with us, we put at your disposal different means of contact that we detail below:

• Phone: 935351260.

• Email: info@topdoctors.es

• Postal address: C / MUNTANER 239 – 4th floor CP 08021 BARCELONA (SPAIN).

All notifications and communications between users and TD will be considered effective, for all purposes, when made through any of the means detailed above.

3. SERVICES

The website is a platform for intermediation of online services between professionals and / or centres in the medical sector and the user, in which TD makes available to the user a directory of medical specialists and medical centres.

Types of service.-

. Access Service to the Profile of the Medical Professional. The User accesses the information related to these professionals, their specialties, files, reviews, images, etc. In this space, users can also contribute their reviews.

. Online appointment booking service: the user can book an appointment with the chosen specialist doctor.

. Other doctor-patient relationship services. The user has access to different tools such as teleconsultation or private messaging, a platform for the exchange of medical data, being able to receive the prescription electronically, prepayment of the appointment through the website and any service that TD includes in the future with the objective to facilitate the doctor-patient relationship.

Some of the services may cost the patient.

TD reserves the right to decide, at any time, the services offered to Clients. In this way, TD may, at any time, add new services to those currently offered. Likewise, TD reserves the right to withdraw or stop offering, at any time, and without prior notice, any of the services offered.

Content and information of the Services.-

As TD is a mere intermediary in the provision of services between professionals and centres in the medical sector and the user, all information and content displayed through the website related to the services provided by said professionals and centres, it is understood carried out directly by them, with each professional or medical centre being responsible for said information and the specific conditions they establish for the provision of their medical services in their consultations or medical centres.

Once inside www.topdoctors.es, and to access the USE of the different services, the User must follow all the instructions indicated on the website itself and / or follow the screens that appear, which will mean the reading and acceptance of all the conditions of use set at www.topdoctors.es.

TD is not responsible for any damages that may occur to said USER as a result of failures or disconnections in the telecommunications networks and that cause suspension, cancellation or interruption of the www.topdoctors.es service during the provision of the same.

4. PROCESS OF ACCESS TO SERVICES

To use the services of www.TD.es, the client must be of legal age.

User Registration.-

To access some of the services, the subscription or registration of the USER will be necessary, who will create their own Username and a password, which will personally identify and enable them to access the services.

Passwords are personal and non-transferable. The user is fully responsible for treating their passwords confidentially and adequately safeguarding their passwords, avoiding access to them by third parties not expressly authorised by TD. The user agrees to be fully responsible for the economic consequences and of any other nature derived from any irresponsible use of passwords on the website and / or their use by unauthorised third parties.

Treatment of Personal Data.-

To access any of the services it will be necessary for the client to register at www.topdoctors.es through a data collection form in which TD is provided with the information necessary to provide the service; data that in any case will be truthful, exact and complete about their identity and that the client must expressly consent by accepting TD’s Privacy Policy.

5. RESPONSIBILITY AND DISCLAIMER OF LIABILITY

TD will not be responsible for the consequences of any kind that may arise from the lack of veracity, accuracy and completeness of the data provided by users through the website or on the identity of the same.

TD is not responsible for the content and information provided, through the website, by professionals and / or medical centres related to the provision of their own medical services or their specific conditions. In the same way, TD is not responsible for any of the answers and / or medical opinions expressed by medical professionals, nor for the queries, comments or opinions made by the user through the website.

Any provision of medical services that is carried out by the professional or medical centre to users of the website, is carried out outside of TD, so it will not be responsible for the consequences of any kind arising from the doctor / patient that had settled between the two.

TD will not be responsible for the actions carried out directly by the service providers offered through the web.

Every user undertakes to hold TD harmless from any claim arising from incidents arising from any of the causes described above.

In the event that, in accordance with the provisions of these General Conditions and the law, TD must compensate a user, the compensation to be received by him may in no case exceed the value of the product or service whose contracting by the user has originated the birth of the indemnification right in favour of this one.

TD will indemnify the user in question only in the event that the damages caused are due to the negligent or malicious action of TD duly accredited by the claimant user.

In no case will TD be responsible for moral damages, loss of profits and / or any consequential or indirect damages that the user may suffer.

6. CUSTOMER SERVICE

To make any query to TD related to the operation of the website, information or availability of services, the client should contact the Customer Service Centre, calling 935 351 260 or sending an email to info@topdoctors.es

7. APPLICABLE LEGISLATION

The present conditions will be governed by current Spanish legislation.

The language used will be Spanish.

COOKIES POLICY

We use cookies for the proper functioning of the online appointment platform | Top Doctors

TOP DOCTORS, S.L. (hereinafter, TOPDOCTORS) uses cookies for the operation of its website.

Cookies are text files containing small amounts of information that are downloaded to your computer or mobile device when you visit a website. Cookies are sent back to the original website on each subsequent visit, or to another website that recognises them. Cookies are useful because they allow a website to recognise the user’s device. Cookies can perform different functions such as allowing you to navigate between pages efficiently, remembering your preferences, and generally improving user navigation.

Regarding the types of cookies, these are classified according to the entity that manages them; thus, we have our own and those of third parties, depending on the period they remain activated in session or persistent, according to their purpose, techniques, personalisation, analysis, advertising and behavioural advertising.

SESSION: Cookies designed to collect and store data while the user accesses a web page. It is used to store information that is only interested in keeping for the provision of the service requested by the user on a single occasion.

PERSISTENT: Cookies in which the data is still stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookie, which can range from a few minutes to several years.

TECHNICAL: They allow the user to navigate through a web page, platform or application and use the different options or services that exist in it.

PERSONALISATION: They allow the user to access the service with some predefined general characteristics based on a series of criteria in the user’s terminal.

ANALYSIS: They allow the person responsible for them to monitor and analyse the behaviour of the users of the websites to which they are linked.

ADVERTISING: They allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the editor has included in a web page, application or platform from which the requested service is provided based on criteria such as the edited content or how often the ads are shown.

BEHAVIOURAL ADVERTISING: They allow the management of advertising spaces that the editor has included in a web page, application or platform from which the requested service is provided. With them, information on the behaviour of users obtained through the continuous observation of their browsing habits is stored, which allows the development of a specific profile to display advertising based on it.

We inform you of the types of cookies used on this website and their purpose:

TOPDOCTORS uses Google Analytics cookies, the configuration of these cookies is predetermined by the service offered by Google, which is why we suggest you consult the Google Analytics privacy page, https://policies.google.com/privacy to obtain more information about the cookies it uses and how to disable them (with the understanding that we are not responsible for the content or accuracy of third-party websites).

Cookies deactivation

The user can freely decide about the implantation or not of our cookies on their hard drive, as well as their elimination, following the procedure established in the help section of their browser. The user can also configure their browser to accept or reject all cookies by default or to receive a warning on the screen of the receipt of each cookie and decide at that time whether or not to implement it on their hard drive.

Links to device and browser manufacturers for managing or disabling cookies in your browser:

For Internet Explorer:

https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

For Chrome:

https://support.google.com/chrome/answer/95647?hl=en-GB

For Safari:

https://support.apple.com/en-gb/HT201265

For Firefox:

https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox

For Opera:

https://help.opera.com/en/latest/web-preferences/#cookies

For Android:

https://support.google.com/android/?hl=en-GB#topic=7313011

For Blackberry:

https://www.blackberry.com/us/en/support

For Windows Phone:

https://support.microsoft.com/en-us/help/11696/windows-phone-7

If you want to have more control over the installation of cookies, you can install programs or add-ons to your browser, known as “Do Not Track” tools, which will allow you to choose the cookies you want to allow.

The fact that the user configures their browser to reject all cookies or expressly our cookies may mean that it is not possible to access some of the services and that their experience on our website may be less satisfactory.

Cookies and identifiers in the App

Downloading and using the App does not imply the storage of cookies on the user’s device.

In the App itself, the following identifiers are recorded in an encrypted manner and without being saved on any server or other external storage system or other application of the same device (User preference area, GPS location, last date and time of viewing…). The purposes of this information is: to present the user in a faster and easier way to consult the information about TOPDOCTORS services.

This data is kept permanently stored within the App until the user decides to replace it with new data or uninstall the App.

Last updated: 06/06/2017