Terms Of Service

1. Your Relationship with Us

Welcome to Doctor Network (the “Platform”), which is provided by DOCTOR NETWORK INC. or one of its affiliates (“Doctor Network”, “we” or “us”).

Doctor Network is a social platform based on the exchange, sharing, and posting of videos, providing centralized, medical information for personal and community healthcare between experts and users, and creating care and health advisory forums, serving as a channel to information exchange and introduce various products and services in the healthcare sector.

You are reading the terms of service (the “Terms”), which govern the relationship, serve as an agreement between you and us, and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products, and content (collectively, the “Services”). For purposes of these Terms, “you” and “your” means you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

 

2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Platform, accept these Terms, and agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, e.g. on your mobile device’s applicable app store. These terms are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” include you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

 

3. Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform; however, you should look at the Terms regularly to check for such changes. If you do not agree to the new Terms, you must stop accessing or using the Services.

 

4. Your Account with Us

To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your confirmation code sent to the registered phone number for your account to any third party..

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including cases when you have failed to comply with any of the provisions of these Terms, or when activities occur on your account, in our sole discretion, would or might cause damage to or impair the Services, infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services and would like your account deleted, contact us at support@doctornetwork.us We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

 

5. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

• Access or use the Services if you are not fully able and legally competent to agree to these Terms;
• Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof), or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
• Market, rent, or lease the Services for a fee or charge or use the Services to advertise or perform any commercial solicitation;
• Use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• Interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• Incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts, or limit access to the Services in our sole discretion;
• Use automated scripts to collect information from or otherwise interact with the Services;
• Impersonate any person or entity, falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Services;
• Intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or, age;
• Use or attempt to use another’s account, service or system without authorisation from Doctor Network, or create a false identity on the Services;
• Use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;

• Use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
• Material that, in the sole judgment of Doctor Network, is objectionable or restricts or inhibits any other person from using the Services or may expose Doctor Network, the Services or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, spam, and malware detection. This analysis occurs when the content is sent and received, and when it is stored.

 

6. Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion, to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

You commit to taking full responsibility for the intellectual property rights related to all content, articles, videos, or images you upload. In the event of any violation, you are fully responsible for all losses and expenses (including legal fees and court fees, and other incurred expenses) for us and/or the aggrieved intellectual property rights owner.

 

7. Content

A. Doctor Network Content

As between you and Doctor Network, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Doctor Network Content”), are either owned or licensed by Doctor Network, which means that you or your licensors will own any Expert Content (as defined below) you upload or transmit through the Services. Use of the Doctor Network Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any Expert Content (defined below) or from your use of any sound recordings or audiovisual clips made available to you on or through the Services, including in any Expert Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any Expert Content within the Services or on any third party service (e.g., you cannot claim Expert Content that has been uploaded to a social media platform such as YouTube for monetization).

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Doctor Network Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Doctor Network reserves all rights not expressly granted herein in the Services and the Doctor Network Content. You acknowledge and agree that Doctor Network may terminate this license at any time for any reason or no reason.

The information and communication through the Services is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You are responsible for seeking the advice of a doctor or other qualified Healthcare Provider with any questions regarding a medical condition. Doctor Network does not endorse any specific advice, products, procedures, opinions, or other information that may be mentioned on the Service.

In no event will Doctor Network be liable to the user or anyone else for any decision made or action taken by the user or anyone else on the basis of the information provided on the Service. You acknowledge and agree that the content on our Services is provided for general information only and you make an independent determination of their suitability for your use.

 

B. Expert-Generated Content

The only Doctors of the Services, who may be permitted to upload, post, or transmit (such as via a stream) or otherwise make available content through the Services include, without limitation, Doctors, Nurses and Medical Experts (“Experts”). In order to have the permission to make available content through the Service, Experts are obligated to verify their expertise with us by submitting their qualified medical certificate or any other verified health-care professional document. Experts acknowledge that Doctor Network may have all the rights to grant or deny them the permission to make content available through the Service. Those contents shall include, without limitation, any text, photographs, user videos and sound recordings (“Expert Content”). Experts may also extract all or any portion of Expert Content created by another user to produce additional Expert Content, including collaborative Expert Content with other users, that combine and intersperse Expert Content generated by more than one user. Doctors of the Services may also overlay music, graphics, stickers, and other elements provided by Doctor Network (“Doctor Network Elements”) onto this Expert Content and transmit this Expert Content through the Services. The information and materials in the Expert Content, including Expert Content that includes Doctor Network Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.

Whenever you access or use a feature that allows you to upload or transmit Expert Content through the Services (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to contact other Doctors of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your Expert Content, including Expert Content that includes Doctor Network Elements, on sites, or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty, which means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Expert Content will be considered non-confidential and non-proprietary. You must not post any Expert Content on or through the Services or transmit to us any Expert Content that you consider to be confidential or proprietary. When you submit Expert Content through the Services, you agree and represent that you own that Expert Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or to adopt any third-party content.

The owner of Expert Content still owns the copyright in Expert Content, which is sent to us, but by submitting Expert Content via the Services, hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your Expert Content.

Through-To-The-User Rights. All of the rights you grant in your Expert Content in these Terms are provided on a through-to-the-user basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for Expert Content posted or used on such third-party service via the Services.

Waiver of Rights to Expert Content. By posting Expert Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Expert Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Expert Content, or any portion thereof. To the extent of any moral rights which are not transferable or assignable, you hereby waive and agree to never assert moral rights or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Expert Content you Post to or through the Services.

We also have the right to disclose your identity to any third party who is claiming that any Expert Content posted or uploaded by you to our Services constitutes a violation of the third party’s intellectual property rights, or of its right to privacy.

We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any Expert Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any Expert Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Expert Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any Expert Content, and under no circumstances will we be liable in any way for any Expert Content.

You control whether your Expert Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your Expert Content, you should select the privacy setting available within the Platform.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

If you find inappropriate content or have any other issues you’d like to raise, you can send us a report at support@doctornetwork.us.

Doctor Network takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Doctor Network’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply to avoid future misunderstandings. Accordingly, by sending Feedback to us, you agree that:

1. Doctor Network has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
2. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way;
3. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-user basis), communicate to the public, make available, publicly display,  otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

 

8. Indemnity

You agree to defend, indemnify, and hold Doctor Network, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors harmless from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

 

9. Exclusion of Warranties

Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.

The services are provided “as is” and we make no warranty or representation to you with respect to them. In particular we do not represent or warrant to you that:

• Your use of the services will meet your requirements;
• Your use of the services will be uninterrupted, timely, secure or free from error;
• Any information obtained by you as a result of your use of the services will be accurate or reliable; and
• Defects in the operation or functionality of any software provided to you as part of the services will be corrected.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice.

 

10. Limitation of Liability

Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law Including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Subject to the paragraph above, we shall not be liable to you for:

(i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of data suffered by you; or (v) any indirect or consequential losses which may be incurred by you. Any other loss will be limited to the amount paid by you to Doctor Network within the last 12 months.

Any loss or damage which may be incurred by you as a result of:

• Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service;
• Any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
• The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
• Your failure to provide us with accurate account information;
• Or your failure to keep your confirmation code or account details secure and confidential.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or by you not having in place the minimum system requirements advised by us.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the service.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

11. Other Terms

1. Applicable Law and Jurisdiction. Subject to these Terms, their subject matter and their formation, are governed by the laws of Vietnam. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Vietnam International Arbitration Centre (“VIAC”) in accordance with the Arbitration Rules of the Vietnam International Arbitration Centre (“VIAC Rules”) for the time being in force, rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Vietnam. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
2. Entire Agreement. These Terms constitute the whole legal agreement between you and Doctor Network and govern your use of the Services and completely replace any prior agreements between you and Doctor Network in relation to the Services.
3. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
4. Age Limit. The Services are only for people 17 years old and over. By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.
5. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
6. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform to access our Services. You should use your own virus protection software.
7. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.