Last updated July 5, 2018
doctorDB™ is a digital healthcare platform ("Healthcare Platform") that is owned and operated by Angstrohm Technologies Sdn. Bhd. ("Angstrohm" or "we"), a company registered in Malaysia. doctorDB operates its services through the Web site located at www.doctordb.com ("Web site") or through the mobile application that is available on various mobile platforms such as iOS and Android ("App").
Healthcare Providers ("Healthcare Providers") are information and data collected regarding doctors, clinics, hospitals and other providers of healthcare services.
Platform Materials ("Platform Materials") are healthcare providers information and data that is published on the Healthcare Platform.
Platform Functionality ("Platform Functionality") are functions that are available on the Healthcare Platform in the form of Ratings and Recommendations.
Ratings ("Ratings") are doctorDB proprietary processes and algorithms that select, compile and adjust certain data to generate ratings ("Ratings") of Healthcare Providers.
Recommendations ("Recommendations") are user-generated suggestions to other users via social networking tools available on the Healthcare Platform.
Please read this Agreement carefully before accessing, using or browsing this Healthcare Platform, Platform Materials and Platform Functionality. By tapping on "accept," or by accessing, using or browsing this Healthcare Platform or any Platform Materials, you, on behalf of yourself or your entity, as applicable, acknowledge and confirm that:
(a) you have read and understand all of the terms and conditions of this Agreement;
If you or your entity, as applicable, are not willing to be bound by all of the terms and conditions of this agreement, including without limitation the preceding acknowledgement and agreement, do not tap the ' accept' button associated with this Agreement and do not access, use or browse our Healthcare Platform; doctorDB does not and will not grant you any right or license to access, use or browse this Healthcare Platform and Platform Materials.
1. No Recommendations or Medical Advice
doctorDB is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, doctorDB is only an intermediary that provides selected information about Healthcare Providers. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for specific treatments or health conditions, and no information on this Healthcare Platform should be construed as health or medical advice. The Ratings and Platform Materials consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. doctorDB does not guarantee that any information provided in its platforms are up-to-date and information may be derived from other users using the platforms, which may not be wholly accurate. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider. You hereby agree not hold doctorDB and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, liable for any representation (including fraudulent and innocent misrepresentation) made by any third party using its platforms.
You assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Healthcare Platform. doctorDB and its Affiliates and the directors, officers, agents, and representatives of each, assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
Upon tapping "Accept," or by accessing, using or browsing this Healthcare Platform or any Platform Materials, you, on behalf of yourself or your entity, as applicable, acknowledge and confirm that doctorDB grants you a revocable, non-exclusive, non-transferable, limited license to access and view the Healthcare Platform, Platform Materials and Platform Functionality, and to copy, download, store and/or print only a single copy of any Platform Materials, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Platform Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Platform Materials on any such copy. All rights not expressly granted to you herein are reserved by doctorDB; there are no implied licenses under this Agreement. The license granted to you in this Agreement is expressly conditioned on your continued compliance with this Agreement. Please note that doctorDB, in its sole discretion, may change this Agreement from time to time and your continued use of Healthcare Platform, Platform Materials and Platform Functionality after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed Agreement.
This license granted to you for this Healthcare Platform is limited to a non-transferable license to use the Web site and/or App on any mobile device/computer that you use, own or control and as permitted by the Usage Rules set forth by the manufacturer's Terms of Service. The terms of this Agreement will govern any upgrades provided by us that replace and/or supplement the original Web site/App, unless such upgrade is accompanied by a separate Agreement in which case the terms of that Agreement will govern.
3. Ownership; Confidentiality
As between you and doctorDB, all right, title and interest in and to the Healthcare Platform, Platform Materials and Platform Functionality constitutes, including without limitation the Ratings and methodology, together with all intellectual property rights embodied therein, are the property of doctorDB or doctorDB Affiliates. The Healthcare Platform, Platform Materials and Platform Functionality are protected by law, including but not limited to Malaysian and international copyright law, trademark law, design law, trade secret law, as well as other state, federal, and international laws, regulations and treaties (collectively, "IP Laws").
You agree not to engage in any activity that would constitute copyright infringement or any infringement of any IP rights with respect to the Platform Materials and Platform Functionality, including without limitation the Ratings and methodology. You acknowledge that doctorDB selected, compiled, arranged and adjusted data and information regarding Healthcare Providers and the Ratings are original compilations containing material wholly and exclusively original to doctorDB. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Platform Materials or Platform Functionality or any portion thereof without doctorDB's prior written consent. By way of illustration but not limitation, except as expressly permitted in this Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Healthcare Platform or any Platform Materials (including, but not limited to, any Ratings) or Platform Functionality, in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in this Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Ratings for any purposes other than your personal, non-commercial evaluation of Healthcare Providers, to compile mailing lists or other lists of Healthcare Providers for commercial purposes, to establish independent data files or compendiums of statistical information or in violation of any applicable laws or regulations.
Additionally, you may not use any metatags or any other "hidden text" utilizing the name "doctorDB" without our prior written permission.
Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Platform Materials, including without limitation the Ratings, or the Platform Functionality. You acknowledge that the mark "doctorDB" (hereby known as "the Mark") is service marks and trademarks of doctorDB. You acknowledge that doctorDB actively and extensively uses and promotes the Mark and that there is substantial goodwill associated with the Mark. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Ratings and the Mark in any manner likely to deceive or cause confusion in the marketplace. You understand and agree that, due to the nature of doctorDB's products and services, any unauthorized citation, reproduction or re-publication of the Ratings and use of the Mark is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by doctorDB, misappropriate doctorDB's reputation, goodwill business opportunities and revenues, or otherwise misappropriate the cachet of doctorDB's products and/or services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Ratings and the Mark without the prior written permission of doctorDB and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense (if any) in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish the Ratings and doctorDB Marks without the prior written permission of doctorDB. You further acknowledge that other names and logos contained in this Healthcare Platform or in the Platform Materials or Platform Functionality are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
The Ratings constitute confidential and valuable proprietary compilations owned by doctorDB. You will protect the confidentiality of (and not disclose to any person) the Ratings for three (3) years from the date you accessed such information, by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in the Ratings pursuant to a judicial or administrative order will not be deemed to be a breach of this Agreement, provided that you provide timely written notice of such order to doctorDB and reasonably cooperate with doctorDB efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause doctorDB irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, doctorDB will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or other security.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an e-mail to firstname.lastname@example.org to receive additional information about the possibility of alternative arrangements regarding the Ratings.
4. Password Maintenance and Responsibility
If you wish to access certain areas of this Healthcare Platform, Platform Materials and Platform Functionality available on or through certain areas of this Healthcare Platform, you must choose a password during your completion of this Healthcare Platform's registration process. By registering, you represent, warrant and covenant that:
(a) you are at least 16 years of age;
(b) you are using your actual identity;
(c) you have provided only true, accurate, current and complete information about yourself during the registration process; and
(d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the App and clicking on "Account Log In."
By logging onto the Healthcare Platform using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Healthcare Platform using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
5. Terms and Termination
This Agreement will take effect at the time you click "I Agree" or access, use or browse this Healthcare Platform or any Platform Materials or Platform Functionality. We reserve the right, at any time and for any reason, without notice to you:
(a) to deny you access to this Healthcare Platform, the Platform Materials, the Platform Functionality or any portion thereof;
> (b) to change, remove or discontinue the Web site/App or any portion thereof, or any of the Platform Materials, Platform Functionality, or services available on or through this Web site/App; or
(c) to terminate this Agreement, whereby all licenses granted to you under this Agreement shall immediately and automatically terminate upon termination.
7. Links to Other Sites
The Healthcare Platform may contain links to sites on the World Wide Web for the convenience of our users. These Web sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any Web site or Web site owner, or any information, products or services provided by any third party. When leaving this Healthcare Platform, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked Web site.
8. Third Party Content and Privacy Information Delivered to Third Parties
Some of the Platform Materials, including but not limited to, certain information, product reviews, news, data, research, analysis and opinions, are provided by independent third party information providers ("IIPs"). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through any Platform Functionality or a link on the Healthcare Platform will be held subject to the privacy policies of that third party, and not doctorDB.
The use of the Web site/App by any entity or individual to verify the credentials of physicians is prohibited. The database of physician information, which drives the Healthcare Platform, does not contain sufficient information with which to verify physician credentials.
9. Submissions - Rules and Permission to Use
Voluntary submissions by you of patient surveys, physician responses, suggestions, feedback, ideas, concepts, comments, illustrations and other similar materials that you provide on or in connection with this Healthcare Platform or any Platform Materials or Platform Functionality ("Submissions") are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Healthcare Platform or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
You represent and warrant to doctorDB that:
- you own, or are otherwise lawfully authorized to use, all Submissions and portions thereof that you transmit to or through
this Healthcare Platform;
- any Submissions submitted by you will not contain any of the following material (the "Proscribed Material"):
- material that is false, factually inaccurate or misleading;
- material that is defamatory, libelous, deceptive or fraudulent;
- material that violates any Malaysian or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonials;
- material that discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that doctorDB deems inappropriate for the Web site/App;
- material that violates any person's privacy right;
- material that infringes or violates any person's copyright, trademark or other intellectual property right;
- material that is obscene or derogatory; and
- material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
- material that doctorDB deems, in its sole discretion, objectionable or inappropriate for the Web site/App; and
- any Submission, made by you, as permitted under this Agreement, does not and will not violate any Malaysian or foreign law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law, and will not cause injury to any person or entity.
10. Confidentiality on the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable Healthcare Platform, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Healthcare Platform, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
11. Electronic Communications with doctorDB
Should you elect to send or receive e-mail communications of any kind to or from doctorDB, you represent and warrant to doctorDB that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the content (including any Platform Materials) in any e-mail or other electronic communication you receive from doctorDB is subject to the provisions of this Agreement.
12. Web site/App Monitoring
We are committed to complying with all applicable Malaysian and foreign laws and regulations, including without limitation copyright and related laws, and expect all registered users to comply with all applicable laws and regulations as well. Transmitting any Proscribed Materials is expressly prohibited under the Agreement.
We may, but have no obligation to, investigate If it comes to our attention, we discover or we are notified of allegation that this App or a Submission contains any Proscribed Materials, then allegation and determine in our sole discretion whether to remove or request the removal of the same from this App. Notices to us regarding any alleged violation of this Agreement or copyright infringement on this App should be directed to doctorDB at the following e-mail address: email@example.com
13. Events Beyond Our Control
You absolve and release us and our Affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on our Healthcare Platform.
14. Force Majeure
If all or any part of either party's performance of its obligations under this Agreement is prevented, hindered or delayed or otherwise made impracticable by reason of strikes, labor troubles, floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of governments, customs barriers, export control regulations, import surcharges, or other causes of like or different character beyond the control of either party, the party whose performance is thus prevented, hindered or delayed shall be excused from such performance during the continuance of any such contingency and for so long as such contingency shall continue to prevent, hinder or delay such performance.
In the case of any such contingency, the party whose performance of its obligation under this Agreement is prevented shall endeavor and use its best efforts to overcome the cause and effect of such contingency.
This Healthcare Platform and the Platform Materials and Platform Functionality are provided on an "as is" and "as available" basis, and are intended for informational purposes only. While we endeavor to provide the most accurate, up to date information available, the app materials may contain technical or other inaccuracies or typographical errors, and may be changed or updated without notice to the fullest extent permissible pursuant to applicable law, we disclaim all warranties of any kind, either express or implied, including, but not limited to:
(a) any warranties concerning the availability, accuracy, reliability, completeness, currency, quality, performance or suitability
of this app, the app materials, the app functionality, or any products, services or results obtained on or through this
(b) any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. We make no representations or warranties of any kind, express or implied, that this Healthcare Platform or any Platform Materials or Platform Functionality will assist you in identifying a suitable healthcare provider or for any other purpose. We do not represent or warrant that this Healthcare Platform will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects, if any, will be corrected. You expressly agree that your use of this Healthcare Platform and the Platform Materials and Platform Functionality is entirely at your own risk.
To the maximum extent permitted by applicable law, doctorDB has no obligation to provide maintenance and support for the App and Web site. However, doctorDB may at its own discretion schedule periodical maintenance on the App/Web site with or without prior notice to you. Should this happen, you may or may not be able to access the App/Web site during the maintenance period. You shall not hold Doctor DB liable for not being able to gain access to the App/Web site during the maintenance period.
Further, we expressly disclaim any and all responsibility and liability with respect to separate agreements you may make with healthcare providers or with third parties who offer products or services on or through this app, and you will look solely to such healthcare providers and third parties with respect to any and all claims arising out of such agreements and/or such products or services.
16. Limitations of Liability
Neither our affiliates nor we will be liable for any damages resulting from your use of, or reliance upon, this Healthcare Platform, any Platform Materials, any Platform Functionality, or any products or services obtained on or through this Healthcare Platform. In the event of any problem with this Healthcare Platform, any Platform Materials, any Platform Functionality, or any products or services obtained on or through this Healthcare Platform, you agree that your sole remedy is to cease using it.
Under no circumstances will we or our affiliates, or any of our or their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors or assigns, be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, lost profits and damages that result from inconvenience, delay, or loss of use) arising out of use of this Healthcare Platform, any Platform Materials, Platform Functionality, arrangements made based on information obtained on or through this platform, or products or services obtained on or through this platform, even if we or they have been advised of the possibility of such damages.
You will defend, indemnify, and hold harmless doctorDB and our Affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from
(a) your use of this Healthcare Platform, any Platform Materials, any Platform Functionality, or any products or services
obtained on or through this App,
(b) any arrangements you make based on information obtained on or through this App or
(c) any breach by you of this Agreement.
18. Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this Agreement is made in Malaysia, and will be construed and enforced in accordance with Malaysian law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Malaysia.
Any action arising out of the content of this Healthcare Platform, your use of the Platform Materials or Platform Functionality, or your unauthorized citation, reproduction or re-publication of any healthcare provider Ratings or use of the Mark, or any action to enforce this agreement against doctorDB and its affiliates will be brought only in the Courts of Malaya presiding in Kuala Lumpur, Malaysia, and you expressly agree to be subject to the jurisdiction of such courts. Use of this Healthcare Platform is limited solely to persons who agree to resolve any and all disputes pertaining to this Healthcare Platform in the Courts of Malaya in Kuala Lumpur, Malaysia.
This Healthcare Platform is controlled and operated by doctorDB from its offices within Malaysia. We make no representation that this Healthcare Platform or the Platform Materials or Platform Functionality are appropriate or available for use outside of Malaysia, and access to this Healthcare Platform or the Platform Materials or Platform Functionality from territories where their contents or functions are illegal is prohibited. Those who choose to access this Healthcare Platform or the Platform Materials or Platform Functionality from locations outside of the Malaysia do so of their own volition and are responsible for compliance with applicable local laws.
All notices to you will be sent to the e-mail address that you provide to us when you register. If you have any questions about this Agreement, the Healthcare Platform, the Platform Materials or the Platform Functionality, or if you need to notify us, you may do so by contacting us at firstname.lastname@example.org