Legal information and Conditions of Use

1. LEGAL INFORMATION

The Terms & Conditions of use regulate the use, including access without user identification, of the services of the WWW.TOPDOCTORS.ES Internet portal and its related applications (hereinafter "the Web" and "Apps") that TOP DOCTORS SL ("TOP DOCTORS") makes available to Internet users.

TOP DOCTORS, registered office at Muntaner Street, 239, 4th staircase, 08021, BARCELONA, is registered in the Mercantile Register in volume 42708, folio 30, sheet 415210, inscription 1ª. Email: pacientes@topdoctors.es.

TOP DOCTORS does not belong to, nor is sponsored by, physicians, pharmaceutical companies, government entities, hospitals or private health centres, nor is it financed through the sale of advertising. The Web is principally funded by the company itself, as well as with the sale of communication services, quality audit and consultancy, management and promotion that it offers.

The use of the Web attributes the status of user (hereinafter, the "user") and implies the acceptance of these Conditions, as well as the Privacy Policy of the website. Some services or functions of the Web may be subject to particular conditions that, if necessary, modify or complement these terms and which will be understood by the user at the beginning of the provision of said service or the use of the corresponding functionality.

TOP DOCTORS reserves the right to modify, at any time and without previous notice, the content and configuration of the Web. The user must read these conditions carefully.

2. TERMS OF USE

2.1. GENERAL

The user agrees to make correct use of the Web and the Apps in accordance with the Law and these Conditions. The User will be liable to TOP DOCTORS and / or against third parties of any damages that could be caused as a result of the breach of said obligation.

The fraudulent use of the telemedicine service (hereinafter, the "Service") is expressly prohibited, especially in those cases in which this Service is arranged in its own name for third parties other than the user, providing information and symptoms of people not associated with its service, except in case of medical consultations for minors. In such situations, the User will be solely responsible for the damages that may be caused, both in relation to the person in respect of which it has permitted the consultation of the medical consultation as against the direct and indirect damages and / or damages of medical professionals, As well as the entity itself providing the Service or access to the medical device.

It is expressly forbidden to use the Web and the Apps for purposes other than those established herein or in any way to disable, block or saturate the networks, servers and other computers, products and computer applications of TOP DOCTORS or third parties.

The user assumes responsibility in the correct use of the Web. This responsibility will be extended to the veracity and legality of the information provided by the User in the online forms made available by TOP DOCTORS for access to certain content or services offered by the Web and related Apps. You will also be responsible for the use of the access codes that you have obtained with the completion of said forms.

Failure by the User to comply with any of the obligations established in these conditions, fully authorizes TOP DOCTORS SL to prohibit or deny such user access to the Web, Apps and Services.

2.2. CONTENTS

2.2.1. The User undertakes to use the publications and Contents in accordance with the Law and these conditions, so you must refrain from:

A) Reproducing, copying, distributing, transforming or modifying the Content except in cases authorised by law or expressly consented to by TOP DOCTORS or by the person who have ownership of the exploitation rights in their case.

B) Reproducing or copying the Content for private use in this case Software or Databases in accordance with current legislation on intellectual property, as well as its public communication or making available to third parties when these acts necessarily involve reproduction By the User or a third party.

C) Extracting and / or reusing all or a substantial part of the Content of the Web as well as of the databases that TOP DOCTORS makes available to Users.

2.2.2. The information presented on the Web and related Apps does not constitute medical advice, nor a referral medical service. We strive to maintain a high degree of accuracy in the information provided, but it does not seek to promise or guarantee the accuracy, completeness or adequacy of the information contained in or linked to TOP DOCTORS or its associated websites and Apps. In any case, whoever uses this website, does so at his own risk. The company, its partners, collaborators, employees and representatives are not responsible for the errors or omissions of those who may suffer the contents of this website or other content that can be accessed through it. The Company, its partners, employees, employees and representatives cannot be held responsible for any damages arising from the use of this website, or for any action taken on the basis of the information provided therein.

Choosing a doctor is an important decision that should not be based solely on advertising or advertisements on this website.

TOP DOCTORS is the name of a publication, not a title or nickname that is given to each doctor. Therefore, their ads do not certify or designate a doctor as a specialist.

It is not claimed that the quality of medical services provided by physicians on the Web is better than that of other licensed physicians, and past results do not guarantee future success.

2.2.3. The description of the services and medical services offered on the website are the responsibility of the editors of TOP DOCTORS, as indicated in the title of the text. The information published on the personal pages of TOP DOCTORS members is the responsibility of the doctors who guarantee their compliance. Scientific publications are provided by specialist physicians, whose names are indicated in the title of the article. DEBERIAMOS DECIR ALGO DE LOS ARTICULOS ESCRITOS POR NOSOTROS

2.3. LOGIN CODES

With the acceptance of these Conditions and depending on the cases, the User may have a "login code" provided by TOP DOCTORS. Said code will have a limited duration until the end of the relationship according to the accepted Conditions.

The User will not facilitate the use of his own code / password to third parties and will be take responsibility for the confidentiality of the codes.

TOP DOCTORS is not responsible for any damage that may be caused to the User, as a result of the loss of the user code / password and / or as a result of its use by a third party.

2.4. OPEN SOURCE SOFTWARE AND THIRD PARTY LIBRARIES

TOP DOCTORS Web and Apps may include open source software tools or third-party libraries. Open source software and / or third party libraries shall be governed by their own terms and conditions and the User shall be subject to the terms and conditions of the applicable license in connection with the use of such software or libraries. The User agrees to comply with all such licenses.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

The content of the Web and related Apps, as well as its software and source code, texts, photographs, graphics, reports, documentation, references, images and other audio-visual content (hereinafter "Contents"), as well as Trademarks, brands, trade names or distinctive signs are the intellectual property of TOP DOCTORS or third parties. These Terms do not imply a cession to the User of the copyright or economic exploitation of the same.

The User undertakes to respect these rights, and, consequently, not to copy, reproduce, modify, distribute, transmit, publish, display or represent any of said contents of the Web or App, nor to carry out any other activity that could infringe the proprietary rights of TOP DOCTORS, or other suppliers of products and / or services offered on the Web or App.

TOP DOCTORS informs the User that it is prohibited to perform the following actions: (i) extract the source code in whole or in part, including the decompilation of the same through reverse engineering, for purposes such as: translation; Derivative versions or other effects to the development and exploitation of the application; (Ii) use of the contents, including its own or associated trademarks, for illicit purposes or for commercial purposes, and (iii) the collection of personal or professional information to which it may have access.

It is expressly prohibited to delete, avoid or manipulate any data identifying the rights of entities incorporated into the contents, as well as technical protection devices or any information and / or identification mechanisms that are incorporated into them.

4. DISCLAIMER OF LIABILITY

4.1 INFORMATION

Access to the Web and related Apps does not imply the obligation of TOP DOCTORS to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information supplied through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of medical care services, and therefore do not replace in any case provision of health services or medical consultation. The recommendation made by TOP DOCTORS about physicians does not imply a cure result.

TOP DOCTORS is not responsible for the decisions taken from the information provided on the Web, the Apps or the damages caused in the User or third parties due to actions taken as a result of the information provided in the same.

4.2 OF THE QUALITY OF THE WEB SERVICE

Access to the Web does not imply the obligation of TOP DOCTORS to control the absence of viruses, malware, or any other program that may affect the operation of computer tools.

TOP DOCTORS is not responsible for the damages produced in the computer equipment of the Users or third parties during the use of the Web or related Apps.

4.3 OF THE AVAILABILITY OF THE WEB SERVICE

The Service is provided according to availability. TOP DOCTORS does not make any representations or guarantees that the Web is free from defects and / or failures or about its availability. To the maximum extent permitted by law, it makes no representations whatsoever or makes any guarantees (either explicitly or implicitly) that the Web is appropriate for a specific purpose, compatible with the facilities from which it accesses the Web, or with respect to which it is of satisfactory quality.

Access to the Web is allowed on a temporary basis, with TOP DOCTORS reserving the right to withdraw or modify the Service provided on the Web without prior notice. TOP DOCTORS will not be responsible if, for any reason, the Web is unavailable at any time or during any period of time.

TOP DOCTORS makes every effort to keep the information and Content presented on the Web up-to-date and accurate, TOP DOCTORS makes no guarantee that the information and / or Web Content is accurate or up-to-date. In the event that any inaccuracy is detected in the information or in the Web Content, TOP DOCTORS would reasonably endeavour to correct any possible error or omission as soon as possible after being informed of such circumstance.

TOP DOCTORS accepts no responsibility for any possible interruption or unavailability of the Web caused by external causes including, but not limited to, faults in ISP equipment, failures in hosting equipment, faults in Communications networks, power failures, natural events, acts of war or censorship, and legal restrictions, as well as during any web updates done by TOP DOCTORS.

It is the responsibility of the User to prepare the necessary computer tools to access the Web.

4.4 OF THE LINKS THROUGH THE WEB

The web includes content that is accessed through links that send the User to other pages and Internet portals (hereinafter, "Links"). In these events, TOP DOCTORS acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce ('LSSI') and only Will be responsible for the contents and services provided in the Links to the extent that it has effective knowledge of the wrongfulness and has not deactivated the link with due diligence.

In no case, the inclusion of Links entails the existence of agreements with the managers or holders thereof, nor the recommendation, promotion or identification of TOP DOCTORS with said contents or services.

TOP DOCTORS is not responsible for damages caused by the wrongfulness, outdated or error of the contents of the Links or any other damage that is not directly attributable to TOP DOCTORS.

5. COMPUTER APPLICATIONS

5.1 APPS

In order to improve the User experience, TOP DOCTORS offers the possibility of downloading computer applications (hereinafter "Apps") to evaluate their status, offer structured health information and provide the possibility of interacting with a health professional (Hereinafter the "Physician").

The Apps are offered in conjunction with the company Teckel Medical SL (hereinafter, "MEDIKTOR"), who has the corresponding health license and shall be solely responsible for its proper function in accordance with the conditions applicable https://www.mediktor.com/en/legal-notice and offers the following services:

Evaluator (Symptom Checker): After a short questionnaire, the app shows a list of related based on the information provided by the user diseases. The App can recommend the urgency with which you should receive a specialized consultation, while offering the possibility of sharing all the information collected with a health professional.

Teleconsultation or Mediktor Chat: The App offers a secure platform for interaction between doctors and users. Through this service, the User can obtain a first medical orientation, which in no case will be considered a diagnosis, since this would require in any case physical examination, which is not possible in teleconsultation or chat media. Through the Chat the User of the App can share texts, audio, video and photos with the Doctor chosen. Physicians may also start a video conference with the User if they deem it appropriate.

5.2 INFORMATION AND APPRAISAL IN APPS

The valuation and information offered by the Apps is based on the data provided by the User, so they always respond to the information provided by the User through the questionnaire detailed therein. The Result and valuation may differ from the actual status of the User due to an erroneous interpretation by the App of the communications with the User. The User is ultimately responsible for the information he / she provides, and for the correct interpretation of the results offered by the App. In any case, if the User has doubts about his health, about the result of the evaluation provided by the App, or unable to solve any health problems once the App has been consulted, they should go to a health centre as soon as possible.

Apps do not recommend or validate the use of any particular drug or a particular clinical diagnosis, nor does it recommend any therapy. The Apps are solely and exclusively a source of information for the User. Solely medical professionals are able to apply competent clinical judgment, so the information contained in the Apps should not be considered a substitute for these in any case.

Under no circumstances should Users use the results and evaluation offered by the Apps to self-medicate without having previously consulted a medical professional.

5.3 RESPONSIBILITY IN RELATION TO APPS

The services offered through the Apps are exclusively informative for Users, so all content or information provided to Users in no case replaces the judgment of a health care professional or the possible need for an individualized medical consultation referring to a specific case. In any case, if the User believes that he is suffering from a medical emergency, he should immediately contact a medical professional or contact as soon as possible with the available emergency service.

TOP DOCTORS has made, and continuous to make the maximum effort to ensure that the information offered to users through the Apps is up to date and correct, but it is not possible to guarantee it in all cases, taking into account that medicine is a science in continuous evolution. Consequently, it does not guarantee the reliability and usefulness of the content of the Apps and excludes any liability for damages of any kind that may be due to the transmission, distribution, storage, provision, reception, obtaining, access or any other Conduct similar or similar to the contents. TOP DOCTORS does not guarantee the veracity, accuracy, completeness and topicality of the Contents.

5.4 RESPONSIBILITY FOR THE OPERATION OF APPS

TOP DOCTORS is not liable for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational operation of this electronic system or in the equipment and computer equipment of users, motivated by external causes to those that prevent or delay the provision of services or navigation by the App, or delays or blockages in use caused by deficiencies or overloading the Internet or other electronic systems, or the inability to provide the service or allow access for causes not attributable to TOP DOCTORS, due to users, third parties, or assumptions of Force Majeure.

TOP DOCTORS shall not be liable for damages of any kind that may arise from the availability and technical continuity of the operation of the App. In any case, TOP DOCTORS will carry out all necessary actions and its scope to re-establish its services in Case of technical failure.

The User of the Apps undertakes to hold TOP DOCTORS harmless against any claims arising from problems arising from the causes described in this section.

6. SERVICE PREMIUM RATES

TOP DOCTORS has no agreement with the Physicians the price for the provision of the services that are not free in the Web or App. The User when booking the Doctor signs on directly with them and in no case with TOP DOCTORS, who only provides the platform. .

TOP DOCTORS is not responsible for the conditions or limitations that may include the Physician in booking the service.

The User accepts and acknowledges that failure to comply with any term, circumstance or condition imposed by the Physician may result in cancellation of the Physician's service, as well as loss of the amounts paid.

7. PAYMENT

7.1. For payment services TOP DOCTORS only accept payments made by debit card, credit or via Pay Pal. For the convenience of the User, and to protect information relating to your payment, all payments are made through the secure server of an online payment provider and once the User has accessed it, all relevant information regarding to the payment will be downloaded automatically. Invoices will be sent to you immediately by email.

7.2. In case the payment could not be made, the User will be required to provide updated information on the payment. In the event that any amount remains unpaid for a period of more than fourteen (14) days, TOP DOCTORS may proceed to temporarily suspend the User´s access to the Web or App. TOP DOCTORS reserves the right to charge interest, an annual interest rate equal to the basic rate of the Bank of Spain increased by 4%, on all amounts outstanding for a period of more than thirty (30) days from the date of issue of the invoice.

7.3. If the user had any doubts about any amount TOP DOCTORS have loaded on your card, you should immediately contact with TOP DOCTORS by email pacientes@topdoctors.es. In any case, if TOP DOCTORS detects having received a payment in error, TOP DOCTORS will immediately proceed to reimburse the User’s debit or credit card in full.

8. PROTECTION OF PERSONAL DATA ION

The use of this Website is governed by the provisions of our Privacy and Cookies Policy, which is incorporated into these Terms and Conditions by virtue of this reference, which you can access by clicking here

9. MISCELLANEOUS

9.1. PREVIOUS TERMS AND CONDITIONS

In the event of any conflict between these Terms and Conditions and any previous version thereof, and unless otherwise stated, the provisions of these Terms and Conditions shall prevail.

9.2. NOTIFICATIONS:

All notices and communications to TOP DOCTORS is be made by email to pacientes@topdoctors.es or by post to Muntaner Street, 239, 4th staircase, 08021, BARCELONA, These notifications shall be received after three (3) days from the issuance thereof by regular post or the same day of its sending when the e-mail message is received in full on one working day, and on the next working day when it was sent on weekends or on an officially non-working day.

9.3. EXCLUSION OF USERS

TOP DOCTORS reserves the right to prevent the use of the Service, either temporarily or definitively, to any User that violates any of the rules established in these Terms, the law or morally, and to take the necessary actions to avoid the violation of Any rules contained herein; Such actions may include, without limitation, the deletion, temporarily or permanently, of the corresponding User Content. Discretionally, TOP DOCTORS may also exclude Users and even stop providing the Service in whole or in part when it deems it appropriate to improve the operation of the Service and / or other users of the Service, previously notifying said circumstance to affected Users.

9.4. OVERWHELMING FORCE

Any possible delay or failure to execute TOP DOCTORS in these Conditions shall not be considered as non-compliance and shall be excused to the extent that it has been caused by any fact beyond the reasonable control of TOP DOCTORS including, but not limited to, acts of God, power outages, natural disasters, airspace closures and restrictions of public authority, adverse or bad weather conditions, strikes, disturbances of public order or threats of alterations thereof, and war or threat of war.

9.5. MODIFICATION OF THE PRESENT CONDITIONS

TOP DOCTORS reserves the right to make occasional modifications to these Terms when it deems appropriate, or as may be required by law. The modifications will be published immediately on the Web and it will be understood that the User has accepted the Conditions thus modified at the moment in which he uses the Web for the first time after the corresponding modification. In the event that substantive changes are made to these Terms, TOP DOCTORS will reasonably aim to inform of the changes made, although it is the User's responsibility to periodically verify the existence of updates of these Conditions. Each version of these Terms and Conditions will have an effective date from which they will take effect and that appears in the heading of the Conditions. Unless stated otherwise, the Conditions currently in force apply to the use that the User makes both the Web and the Apps.

9.6. JURISDICTION AND APPLICABLE LAW

The disputed issues that may arise from the application, compliance, breach or interpretation of these Conditions, as well as the relationship between the User and TOP DOCTORS will be governed by Spanish law. Both TOP DOCTORS and the User agrees to expressly submit to the exclusive jurisdiction of the Courts and Tribunals of the city of Barcelona.

Last update as of June 6, 2017

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