Annex to the Terms and Conditions of Use of the TOP DOCTORS® Free e-Consultation service
SERVICES. The website www.topdoctors.co.uk is an online intermediation platform between users and professionals / clinics in the medical sector. The services offered by TOP DOCTORS® to Professionals and Clinics of the medical sector (hereinafter the professionals / clinics or individually the professional / clinic), regulated by this annex, are medical, technological and visibility information services provided through the website www.topprofessionals/clinics.co.uk that the professional / clinic can enjoy by joining TOP DOCTORS®. The complete profile includes information about the degree, specialty, experience, images of the professional / clinic in order to gain visibility and offer the user confidence and transparency. Services offered by TOP DOCTORS®:
The professional / clinic can request to join TOP DOCTORS® at any time, they must pass the selection process for their affiliation to the platform and for this they must contact by email: firstname.lastname@example.org.
The professional / clinic will have a Profile with their personal data, photograph, a brief description of their personal experience and the treatments in which they are experts. Likewise, the professional / clinic must identify themselves with their registration number to certify that they are a doctor authorised for medical practice and the company reserves the right to request all the necessary information to verify the veracity of the information received.
The professional / clinic will have access to web services that include private messaging, videoconferencing (from now on e-Consultation), a personal and social digital profile (a system of sending information emails to their patients regarding the e-Consultation service and reviews of the service received (from now on PatientConnect)).
TOP DOCTORS® is not responsible for the data provided by the professional / clinic, since the professional / clinic completes the data autonomously, nor for the veracity of said data, being its responsibility. However, the profile created will be supervised by our auditing department, being able to deactivate said profile without prior notice in case of detecting false or erroneous information.
The profile created by the professional / clinic can make it public, share it on social networks and promote their services in the way that is convenient, without mentioning their membership in TOP DOCTORS® before having passed, where appropriate, the process of selection.
The profile of the professional / clinic will not appear in any search result of the TOP DOCTORS® website or App.
The professional / clinic that has this active profile will not be able to communicate their membership or affiliation to TOP DOCTORS®. Having the e-Consultation service and the TOP DOCTORS® Profile Page does not imply being part of the TOP DOCTORS® medical team, nor having all the services offered to its members.
To unsubscribe from the e-Consultation service, the professional / clinic must inform TOP DOCTORS® by sending an email to email@example.com.
DURATION & CANCELLATION OF THE ANNEX. The duration of this agreement included in this Annex to the Terms and Conditions of Use is linked to the official communication from the state on the COVID-19 pandemic and the free services offered to professionals / clinics for this cause will also be related to the same. TOP DOCTORS® reserves the right to rectify or modify this clause without prior notice. Likewise, the use by the user of the TOP DOCTORS® services implies, in any case, the adherence to these Terms and Conditions of Use in the version published on the TOP DOCTORS® website (www.topdoctors.co.uk) at the time same of use of the application. Thus, if the user when accessing the TOP DOCTORS® Application for the first time selects the "Accept" option on the screen in which these Terms and Conditions of Use appear, it will be deemed that they fully understand and accept them.
LIABILITY AND RELEASE OF LIABILITY. Professionals / clinics hold TOP DOCTORS® harmless and release them from any liability resulting from the information provided by them to TOP DOCTORS®, both personal data and articles and promotions published in any TOP DOCTORS® communication media, specifically the web, blog and press, among others. TOP DOCTORS® will not be responsible for the consequences of any kind that may arise from the lack of veracity, accuracy and totality of the data provided by the professionals / clinics through the website or on their identity. TOP DOCTORS® is not responsible for the content and information provided, through the website, by professionals / clinics related to the provision of their own services or their specific conditions. Likewise, TOP DOCTORS® is not responsible for any of the responses and / or opinions expressed to and by the professionals / clinics, nor for the queries, comments or opinions made by the user through the website. TOP DOCTORS® functions are limited to an intermediation of services between users and professionals / clinics provided through the website: therefore, any provision of services carried out by the professional / clinic to users of the website is done outside TOP DOCTORS®, so it will not be responsible for the consequences of any kind that derive from the professional / clinic / user relationship that has been established between the two. The professional / clinic undertakes to hold TOP DOCTORS®, its partners, subsidiaries, affiliates, executives, agents, other partners and employees in its sole responsibility, harmless from any claim of its own or of third parties arising from incidents arising from any of the causes described above or due to improper use of the website, your Legal Notice, breach of any of these contracting conditions or violation of any right of another person or entity or of any applicable laws or regulations. In no case will TOP DOCTORS® be liable for moral damages, lost profits and / or any consequential or indirect damages that the user and / or the professional / clinic may suffer.
APPLICABLE FOR E-CONSULTATION. The contractor authorises TOP DOCTORS® to carry out, on behalf of and for the account of the latter, the issuance and collection of invoices documenting the services provided by medical professionals through the TOP DOCTORS® platforms. For these purposes, once the services provided to patients by medical professionals have been completed, they will visualise in the application the invoices to be issued by TOP DOCTORS® on their behalf. Each of the invoices displayed in this way must be accepted by medical professionals by selecting a box specifically enabled for this purpose. TOP DOCTORS® will issue the invoices previously accepted in the name and on behalf of the contractor and will deposit a copy of these, both on the contractor's intranet and on the patient's intranet. TOP DOCTORS® will also manage the collection of the mentioned invoices and will pay the amount to the contractor by bank transfer to the current account indicated below in the payment method section or to the account indicated in the private area of the profile of the professional / clinic. For the private messaging and videoconferencing services during the exceptional period of COVID-19, TOP DOCTORS® will not charge professionals / clinics. Once the period has ended, and by means of a notification, TOP DOCTORS® will receive in any case £2 for each private messaging service (£0 if the messaging is carried out free of charge), £20 for each videoconference service and in all cases the corresponding VAT Invoices will be paid to doctors on the 30th of the month following the date of issue. In case the professional / clinic maintains any outstanding debt with TOP DOCTORS®, TOP DOCTORS® may withhold payment in the corresponding amount and impute it to offset said debt.
TREATMENT MANAGER. TOP DOCTORS®, the provider of services contracted by a professional / clinic, acquires the status of third party with access to the personal data of its clients, of which said clients are responsible for the treatment of such data. Therefore, this relationship must be covered by the conclusion of a Data Processing Manager Agreement between the professional / clinic and TOP DOCTORS®. Acceptance of this Annex is a necessary condition so that as a professional / clinic you can acquire the services offered by TOP DOCTORS®. The acceptance of the aforementioned Annex does not exempt you as a professional / clinic from your responsibility in complying with the current regulations on data protection. In case of accepting the Annex as Data Processing Manager without complying with said regulations, TOP DOCTORS® will be exonerated from any responsibility derived from said breach.
TRANSFER OF DATA. The medical user of PatientConnect services must obtain the express and written authorisation from the patient to use and enter their personal data on the platform, in order to manage the different services, expressly informing them that said platform is the property of TOP DOCTORS® or associated companies to manage these services and that therefore the authorisation will entail the transfer of said personal data to the aforementioned purposes. For this purpose, you should include the text of GDPR where patients are made to sign the following or similar phrase: /I accept and authorise my personal data to be used by the professional / clinic for consultation regarding the services of Online Agenda (TOP DOCTORS®), PatientConnect or electronic receipt provided by TOP DOCTORS UK LIMITED, so that the query can manage these different services. I am informing that TOP DOCTORS UK LIMITED or the associated companies will use said data to be able to manage the different services.”
ASSIGNMENT OF THE CONTRACT. TOP DOCTORS® may subrogate or assign to third parties the rights and obligations derived from this contract, without this may entail modifications in the contractual terms and conditions.
JURISDICTION. For any questions or discrepancies that may arise in relation to this Contract, the parties expressly submit, expressly waiving the jurisdiction and domicile that may correspond, to the jurisdiction and competence of the Courts and Tribunals of the United Kindom.