With Choice Comes Responsibility
The following terms and conditions constitute an agreement between you and
Medeguide Holdings Limited. (“Medeguide,” “we,” or “us”), the operator of
Medeguide.com (the “Site”). This agreement (the “Terms of Use”) governs your use
of the Site, both as a casual visitor and as a registered user. The effective
date of these Terms of Use is April 8, 2009. BY USING THE SITE, AND/OR BY
REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including
that you consent to the information practices disclosed in our
Privacy Policy, and that you consent to resolve in Hong Kong any dispute
that you may have with us, or the Site. Please note that we offer the Site "AS
IS" and without warranties. Everything we offer on the Site is referred to in
these Terms of Use collectively as the “Services." Some of what's on the Site is
viewable without registering with us, but to actively participate or store your
information, you must register as a member and authorize the use and disclosure
of your personal and health information.
1. Changes to These Terms of Use
We may change these Terms of Use at any time, as we deem appropriate. Upon any
changes in these Terms of Use, we will post the amended agreement on the Site
and in the case of any significant changes send you an email notifying you of
the nature of the modifications and a link to the modified document on the Site
so that you may review it. Your continued use of the Site and/or the Services
following receipt of such notification shall constitute your affirmative
acknowledgement of the Terms of Use and its modification and agreement to abide
and be bound by the Terms of Use, as amended. If at any time you choose not to
accept these Terms of Use, including following receipt of notification of any
modifications hereto, then please do not use the Site.
2. Registration
As part of the registration process, you need to provide an e-mail address and
create a password. These are your credentials for accessing the Services that
are only available to members ("Credentials"). You may not use a screen name
that is vulgar, attempts to impersonate another person, or violates the rights
of others.
3. Your Personal Information
In order to register, you must provide certain personal information about
yourself. The Medeguide
Privacy Policy explains the information practices that apply to this and
other personal information we have about you, as well as any choices you can
make about the ways this information is used. Please review it carefully.
4. Your Responsibilities
You are responsible for all use of the Site and for all use of your Credentials,
including use by others to whom you have given your Credentials. You are
responsible for keeping your password confidential and for notifying us if your
password has been hacked or stolen. You may notify at privacy@medeguide.com. You
may use the Site and the Services for lawful, non-commercial purposes only. You
may not use the Site in any manner that could damage, disable, overburden, or
impair our servers or networks, or interfere with any other party's use and
enjoyment of the Site or the Services. You may not attempt to gain unauthorized
access to any of the Services, user accounts, or computer systems or networks,
through hacking, password mining or any other means. Without limiting any of the
foregoing, you agree that you shall not (and you agree not to allow any third
party to): -modify, adapt, translate, or reverse engineer any portion of the
Site and/or the Services; -remove any copyright, trademark or other proprietary
rights notices contained in or on the Site and/or the Services or in or on any
content or other material obtained via the Site and/or the Services; -use any
robot, spider, site search/retrieval application, or other automated device,
process or means to access, retrieve or index any portion of the Site and/or the
Services; -access, retrieve or index any portion of the Site and/or the Services
for purposes of constructing or populating a searchable database of reviews
related to the health care industry or medical physicians; -reformat or frame
any portion of the web pages that are part of the Site and/or the Services;
-create user accounts by automated means or under false or fraudulent pretenses;
or -collect or store personal data about other users in connection with the
prohibited activities described in this paragraph. In addition to our rights
under Section 11, we may take any legal action and implement any technical
remedies to prevent the violation of this provision and to enforce these Terms
of Use. Even though the Services are provided free of charge, the usual and
customary charges for any medical services rendered by collaborating physicians
profiled on the Site will apply and will be entirely your responsibility.
5. Changes to the Services
We may from time to time add new services to the Services, substitute a new
service for one of the existing Services, or discontinue or suspend one of the
existing Services. Information about the new services will be included on the
Site, and the users of new services will be governed by these Terms of Use. You
agree that Medeguide will not be liable to you or any third party for any
suspension or discontinuation of any of the Services.
6. Links to Other Sites and Advertising
The Site may include links to other websites, including links provided as
automated search results. Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. These links are provided for your
convenience only and do not mean that we endorse these sites or the products and
services they provide. You acknowledge and agree that we are not responsible or
liable for the content or accuracy of these other sites. The site will accept
advertising which complies with our Advertising Policy however we do not endorse
any product advertised on Medeguide. Please keep in mind that any dealings that
you have with advertisers found on the Site are between you and the advertiser
and you acknowledge and agree that neither we nor our suppliers are liable for
any loss or claim you may have against an advertiser.
7. Additional Terms
Certain of the Services on the Site may have additional terms (such as policies,
guidelines, and rules) that will further govern your use of that particular
Service and supplement these Terms of Use. If you choose to register for or
access any such Services, you will be presented with any relevant additional
terms and conditions at that time. By using those Services, you agree to comply
with such additional guidelines and rules.
8. No Spam
You may not use contact information provided by our users or collaborating
physicians, or harvest such information for the purpose of sending, or to
facilitate the sending, of unsolicited bulk communications such as SPAM. You may
not allow others to use your account to violate the terms of this section. We
may terminate your membership or access to the Site immediately and take other
legal action if you or anyone using your Credentials violates these provisions.
9. Content You Post or Submit
You may have the opportunity to submit feedback regarding your experiences with
doctors who are featured on the Site. It is important that you act responsibly
when providing this feedback
In addition:
-You are solely responsible for any content and other material that you submit,
publish or display on the Site or transmit to other members and/or other users
of the Site (hereinafter, "Posted Content")
-You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. You may not submit any content
or material that infringes, misappropriates or violates the intellectual
property, publicity, privacy or other rights of any party.
-You may not provide any Posted Content that falsely expresses or implies that
such content or material is sponsored or endorsed by Medeguide.
-You may not provide any Posted Content that is unlawful or that promotes or
encourages illegal activity.
-You understand and agree that Medeguide may review and delete any Posted
Content that in the sole judgment of Medeguide violates these Terms of Use or
which might be offensive, illegal, or that might violate the rights of, harm, or
threaten the safety of other users or members of the Site and/or other website
users.
-You agree that you will only provide Posted Content that you believe to be true
and you will not purposely provide false or misleading information.
-By posting Posted Content on the Site, you agree to and hereby do grant, and
you represent and warrant that you have the right to grant, Medeguide, its
contractors, and the users of the Site an irrevocable, perpetual, royalty-free,
fully sub-licensable, fully paid up, worldwide license to use, copy, publicly
perform, digitally perform, publicly display, and distribute such Posted Content
and to adapt, edit, translate, prepare derivative works of, or incorporate into
other works, such Posted Content. This license is non-exclusive, except you
agree that Medeguide shall have the exclusive right to practice this license to
the extent of combining your Posted Content with the Posted Content of other
Medeguide users for purposes of constructing or populating a searchable database
of reviews related to the health care industry
-The following is a partial list of the kind of content and communications that
are illegal or prohibited on/through the Site. Medeguide reserves the right to
investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the
offending communication from the Services and terminating the membership of such
violators or blocking your use of the Services and/or the Site. You may not post
content that:
-is false or intentionally misleading;
-harasses or advocates harassment of another person;
-involves the transmission of unsolicited mass mailing or "spamming";
-violates the intellectual property or other rights of any person;
-is threatening, obscene, defamatory or libelous; or
-is pornographic or sexually explicit in nature.
10. Your Use of Content
Except for content posted or submitted by you or any other visitors to the Site,
all of the content available on or through the Services and/or the Site,
including without limitation, text, photographs, graphics and video and audio
content, is owned by us and our licensors and is protected by copyright,
trademark, patent, and trade secret laws, other proprietary rights, and
international treaties. You acknowledge that the Services and any underlying
technology or software used in connection with the Services contain Medeguide’s
proprietary information. We give you permission to use the aforementioned
content for personal, non-commercial purposes only and do not transfer any
intellectual property rights to you by virtue of permitting your use of the
Services. You may print, download, and store information from the Site for your
own convenience, but you may not distribute, republish (except as permitted in
this paragraph), sell, or exploit any of the content, or exploit the Site in
whole or in part, for any commercial gain or purpose whatsoever. Except as is
expressly and unambiguously provided herein, Medeguide and its suppliers do not
grant you any express or implied rights, and all rights in the Site and the
Services not expressly granted by Medeguide to you are retained by Medeguide.
11. Important Information about Specific Services
Doctor Search
The Doctors Directory and Search is provided as a general reference for
information about physicians. We do not audit the information provided by the
physicians, although we do take steps to ensure the data provided is complete.
The inclusion of any physician in the Doctor Directory does not mean we have
verified or fact-checked the credentials, qualifications, or abilities of any
physician listed in the Directory. Furthermore the inclusion of a physician or
hospital in the Directory does not imply referral, endorsement, or
recommendation by us nor does omission of any individual or facility signify
disapproval. Although we update the Directory regularly, we do not guarantee
that all physician and provider information is current and accurate. In
addition, any ratings and reviews of doctors and associated hospitals by users
of our site are opinions as expressed by these consumers. Any reliance upon this
information is solely at your discretion and we make no representation that
information provided by those posted ratings and reviews is complete or
accurate. We are not responsible for the medical treatment or lack of treatment
that you receive from any doctor or associated hospital in this Directory. You
are solely responsible for any decisions or actions you take based on
information provided in the Doctors Directory or Search.
Medical Treatment Search
The Medical Treatment Directory and Search is provided as a general reference for
information about Medical Treatment Packages. We do not audit the information
provided by the healthcare providers (aka hospitals/clinics). While we take
steps to ensure the data provided is complete, the inclusion of the data on the
Medical Treatment Directory does not mean we have verified or fact-checked the
price, package details, or abilities of any physician included in the Medical
Treatment Package. Furthermore the inclusion of any Medical Treatment Package in
the Directory does not imply referral, endorsement, or recommendation by us nor
does omission of any individual or facility signify disapproval. Although we
update the Directory regularly, we do not guarantee that all Medical Treatment
Package information and healthcare provider information is current and accurate
and we urge you to check with the healthcare provider to the terms and
conditions of any Medical Treatment Packages prior to undertaking the treatment.
In addition, any ratings and reviews of Medical Treatment Packages or associated
doctors and hospitals by users of our site are opinions as expressed by these
consumers. Any reliance upon this information is solely at your discretion and
we make no representation that information provided by those posted ratings and
reviews is complete or accurate. We are not responsible for the quality of
medical treatment or lack of treatment that you receive from any doctor or
associated hospital in this Directory. You are solely responsible for any
decisions or actions you take based on information provided in the Medical
Treatment Directory or Search.
Destinations Search
The Destinations Directory and Search is provided as a general reference for
information about destinations. We do not audit the information provided by the
destinations provider and while we take steps to ensure the data provided is
complete the inclusion of any destination does not mean we have verified or
fact-checked the information provided in the Directory. Furthermore the
inclusion of a destination in the Directory does not imply referral,
endorsement, or recommendation by us nor does omission of any individual or
facility signify disapproval. Although we update the Directory regularly, we do
not guarantee that all destination information is current and accurate. In
addition, any ratings and reviews of destinations by users of our site are
opinions as expressed by these consumers. Any reliance upon this information is
solely at your discretion and we make no representation that information
provided by those posted ratings and reviews is complete or accurate. You are
solely responsible for any decisions or actions you take based on information
provided in the Destinations Directory or Search.
12. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS
AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE
SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH
WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND
THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR
NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR
WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS
OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES
OR LOCATIONS OF YOUR CHOOSING.
13. We Do Not Provide Medical Advice
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE FOR,
NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO
NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH-CARE
PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE
SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL
EMERGENCY PHONE NUMBER IN YOUR COUNTRY. YOUR USE INFORMATION PROVIDED ON THE
SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR
AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE,
THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. We do not recommend
or endorse any specific tests, physicians, procedures, opinions, or other
information that may appear on the Site. If you rely on any of the information
provided by the Site, you do so solely at your own risk. We have no control
over, and cannot guarantee the availability of any Physician or Treatment
Package at any particular time. We will not be liable for any cancelled or
otherwise unfulfilled appointments or any injury resulting therefrom.
14. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF
YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR
ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE
SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL
AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B)
$100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING
UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR
THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA,
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
15. Termination
We may terminate and/or suspend your registration immediately, without notice, if
there has been a violation of these Terms of Use or other policies and terms
posted on the Site by you or by someone using your Credentials. We may also
cancel or suspend your registration for any other reason, including inactivity
for an extended period, but will attempt to notify you in advance of such
cancellation or suspension. Medeguide shall not be liable to you or any third
party for any termination of your access to the Site and/or the Services.
Further, you agree not to attempt to use the Site and/or the Services after any
such deletion, deactivation or termination. Sections 6, 11, 12, 13, 14, 15, 16,
17, 18 and 19 shall survive any termination or expiration of these Terms of Use.
16. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our
employees, contractors, officers, directors, agents, parent, other affiliated
companies, and suppliers, from all liabilities, claims, demands and expenses,
including attorney's fees, made by any third party that arise from or are
related to (a) your access to the Site, (b) your use of the Services, or (c) the
violation of these Terms of Use by you or any third party using your Credentials
of any intellectual property or other right of any person or entity. The
foregoing indemnification obligation does not apply to liabilities, claims and
expenses arising as a result of our own gross negligence or intentional
misconduct.
17. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or the
Services constitutes your electronic signature to these Terms of Use and your
consent to enter into agreements with us electronically.
18. Entire Agreement
This agreement and any supplemental terms, policies, rules and guidelines posted
on the Site, including the Privacy Statement, constitute the entire agreement
between you and us and supersede all previous written or oral agreements. If any
part of these Terms of Use is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. The failure of Medeguide to exercise or
enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision. The failure of either party to exercise in
any respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder.
19. Choice of Law and Dispute Resolution
This agreement shall be deemed to have been entered into and shall be construed
and enforced in accordance with the laws of Hong Kong as applied to contracts
made and to be performed entirely within Hong Kong, without giving effect to the
state’s or country’s conflicts of law statute. Any controversy, dispute or claim
arising out of or related to these Terms of Use or your use of the Services
shall be settled by final and binding arbitration to be conducted by an
arbitration tribunal in Hong Kong. The arbitration tribunal shall consist of one
arbitrator. The decision or award of the arbitrator shall be final, and judgment
upon such decision or award may be entered in any competent court or application
may be made to any competent court for judicial acceptance of such decision or
award and an order of enforcement. The parties agree that the arbitrator shall
have the authority to impose equitable and injunctive relief as well as to award
monetary relief, as the arbitrator deems appropriate.
20. Assignment
We may assign this contract at any time to any parent, subsidiary, or any
affiliated company, or as part of the sale to, merger with, or other transfer of
our company to another entity. We will post a notice on the Site regarding any
change of ownership so that you have the opportunity to discontinue your use of
the Site or cancel your registration if you do not wish to continue to use the
Site and the Services under the new ownership. You may not assign, transfer or
sublicense these Terms of Use to anyone else and any attempt to do so in
violation of this section shall be null and void.
21. Eligibility
You must be 18 or over, or the legal age to form a binding contract in your
jurisdiction if that age is greater than 18 years of age, to register with us or
use the Site and the Services. If you are under the age of 18 or the applicable
legal age in your jurisdiction, you can use the Services only in conjunction
with, and under the supervision of, your parent or guardian who has agreed to
the Terms of Use. If you do not qualify, do not use the Services. Membership in
the Services is void where prohibited by applicable law, and the right to access
the Site is revoked in such jurisdictions. You must be 13 or older to use the
site, in compliance with the Children's Online Privacy Protection Act (COPPA).
By using the Site and/or the Services, you represent and warrant that you have
the right, authority, and capacity to enter into these Terms of Use and to abide
by all of the terms and conditions set forth herein. The Site is administered in
Hong Kong is at the user's own risk and users are responsible for compliance
with any local laws applicable to their use of the Services or the Site.
Contact Us
For all questions about Medeguide please write to us at
privacy@medeguide.com.