General Terms and Conditions
These General Terms and Conditions regulate the relationship between you and TOPISHI LLC, a company incorporated under the laws of the United Arab Emirates and registered under license no. 2115909.01 and having its place of business at Sheikh Mohammed Bin Rashid Boulevard, Suite 1702, Level 17, Boulevard Plaza Tower 1, Dubai, UAE, and cover your use and access to the Platform and/or App. By accessing and using the Platform and/or App, you acknowledge that you have read, understood, and agreed to be bound by these General Terms and Conditions, as amended from time to time. If you do not agree with these General Terms and Conditions, you must stop using or accessing the Platform.
If you access the Platform or use the Services on behalf of your child, you represent that you are acting as their legal guardian and have the authority to accept these General Terms and Conditions on their behalf.
The following terms are used throughout these General Terms and Conditions and have specific meanings.
a. “Account” means the account that the Users are required to register through the App and/or the Platform to use the Services.
c. “App” means the mobile application that is provided by Topishi and which connects theClients with Medical Experts.
d. “Client(s)” means a person that uses the Platform and/or App to avail the Services.
e. “Content” means any content submitted, generated, featured, displayed through the Platform (including but not limited to, any Medical Experts Profile, any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform). Content includes, without limitation, content which may be submitted by a Client or a Medical Expert.
f. “Health Data” includes the information related to the state of physical, physiological and mental health of the Client and includes records regarding the past, present or future state of the health of such Client, information collected in the course of registration for, or provision of health services, and information associating the Client to the provision of specific health services.
g. “Health Data Documents” means documents related to Health Data including but not limited to medical records, laboratory test results, medical referral letters and prescriptions.
h. “Medical Expert(s)” means the empaneled medical experts providing online medical consultancy services through the Platform.
i. “Medical Expert Profile” means the profile available on the Platform that includes details of the Medical Expert and any other information that Topishi may decide to post from time to time on the Platform.
j. “Medical Expert Report” means the report prepared by the consulting Medical Expert for the Client.
k. “Medical Expert Service Fee” means the fee payable by the Client to avail the Services.
l. “Platform” means any online tool provided, processed and/or maintained by Topishi (including, but not limited to, through Topishi’s App, website, all subpages and subdomains, all Content, and products available at or through the Platform located at www.topishi.com or any other related domain offering access to, or facilitating the provision of, the Services).
n. “Service(s)” means the provision of online medical information services provided by the Medical Experts through the Platform.
o. “Service Confirmation” means any and all written or electronically transmitted confirmation orders sent by Topishi for the Services that may contain, including without limitation, the description of the Services, the Medical Expert Service Fee, payment terms, and any special conditions.
p. “Third-Party Content” means any content that belongs to or originates from parties other than Topishi, the Medical Expert and the Client.
q. “Topishi”, “we” and “us” collectively mean TOPISHI LLC, as well as our affiliates and subsidiaries.
r. “User”, “you”, and “your” collectively means the person, company, or organization that has visited or is using the Platform and/or the Service. A User may be a Client, a Medical Expert, both, or neither, as the context requires.
2. About Topishi
Through its Platform, Topishi provides access to empaneled medical experts for online medical information services personalized based on the needs and requests of users. Topishi does not provide any medical consultancy services itself.
3. Use of Platform
3.1 These General Terms and Conditions are applicable to all Users of the Platform.
3.2 Topishi grants the Client a limited, non-exclusive, non-transferable license to access and view the Content on the Platform and the Services, for which you have paid all required Medical Expert Service Fee.
3.3 The Client’s use of the Platform and Services is for personal and non-commercial use only. Any use of the Platform and Services for non-personal use is strictly prohibited.
3.4 The Client shall not rent, sell, sublicense, lend or in any manner allow any other party to use the Services availed by them, whether with or without consideration.
3.5 The User shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any Content, information, software, products, tools or services accessed from the Platform.
3.6 The User agrees to not, under any circumstances, transmit, upload, post, submit or link to any Content (including software, text, images, or other information) that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives; or (viii) violates the privacy of any third-party.
3.7 We are not responsible for any public display or misuse of your Content. Users are solely responsible for the content of, and any harm resulting from, any Content that they submit, post, upload, link to or otherwise make available while using the Services. You acknowledge that any liability, loss or damage that occurs as a result of any such Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third-party) harmless from any liability, loss or damage that may occur as a result of any such Content.
3.8 Content posted on the Platform, such as blog posts, reviews, comments, questions, ideas and suggestions for new features or improvements, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.
3.9 Users represent and warrant that they have the right to post all Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to Content (if applicable), and have taken all steps necessary to pass through to end users any required terms.
3.10 Users agree and acknowledge that Topishi has the right to, in its sole discretion, view and monitor any Content, and to determine whether or not any Content is appropriate and complies with these General Terms and Conditions. The Users grant Topishi the right to refuse or remove any Content without the explicit approval of the User that, in Topishi’s opinion, violates any Topishi policy or is in any way harmful, inappropriate, or objectionable. Users further agree that Topishi has the right to make formatting, edits and other changes to the Content or the manner in which any Content is displayed on the Platform, in its sole discretion, without the explicit approval of the User.
3.11 Except for Content that originates from Topishi, we do not claim ownership of any Content that you post, upload or link to. You retain all ownership of, control of, and responsibility for the Content you post. By posting any Content including without limitation photos, company logos and reviews via the Platform, you however, expressly grant Topishi and our successors a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Topishi’s business and marketing purposes.
3.12 At our discretion, we or the technology we employ, may monitor and/or record your general interactions with the Platform. However, any liability, loss or damage that occurs as a result of any User interactions is solely your responsibility, as further described in this Agreement.
4. Use of Services
4.1 On booking a Service, the Client shall receive a Service Confirmation with all the particulars in relation to the Services.
4.3 Once the information mentioned above is submitted on the Platform, the selected consulting Medical Expert will confirm if they are able to provide the particular Services. If they are unable to do so, written notification will be provided to the Client. In this instance, no Medical Expert Service Fee is charged to the Client.
4.4 If the Medical Expert confirms that they are able to provide the particular Services, the Medical Expert will review the information and provide a Medical Expert Report to the Client. In this instance, the Medical Expert Service Fee shall be charged to the Client. Any additional report, information or clarification sought from the Medical Expert shall be subject to additional Medical Expert Service Fee.
4.5 Any exchanges between the Medical Experts and the Client on the Platform, including the Medical Expert Report, would be accessible to Topishi for the purposes of monitoring the quality of the consultation.
4.6 You agree that the Medical Experts are not your physician or your doctor. For the purpose of this Agreement, the phrases "your physician" or "your doctor" refer to your personal doctor with whom you have an actual, mutually acknowledged, doctor-patient relationship.
4.7 Neither Topishi nor the Medical Experts replace your relationship with your physician. The information/reports, including the Medical Expert Report received as a result of the Services shall not be considered a substitute for sound professional medical advice, evaluation or care from your physician. The Services provided through the Platform are not diagnostic in nature.
4.8 You acknowledge that the relationship between Topishi and the Medical Expert shall be that of an independent contractor relationship. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture or agency relationship, or establishing an employment between Topishi and the Medical Expert. The Services provided by the Medical Experts through the Platform are solely the individual and independent opinions and statements of such Medical Expert and do not reflect the opinions of Topishi. In no event shall Topishi be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Expert may provide to you or you may avail as part of the Services.
4.9 You acknowledge any information and reports, including the Medical Expert Report, that is provided to you through the Platform, including as a result of the Services, is provided solely to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Platform, including blog posts, should be used for information purposes only.
4.10 The Services are not meant to be used in medical emergencies or for any critical health situations requiring prompt medical attention. In case of any medical emergency, kindly contact your nearest doctor/hospital or any related emergency helpline.
5. Changes to the General Terms and Conditions
You agree that Topishi may amend this Agreement from time to time, and in Topishi’s sole discretion. You agree and undertake to review our General Terms and Conditions each time you visit our Platform and/or prior to your use of any Services. Although we will use our best endeavors to notify you of any amendment to this Agreement through a dedicated link available at our Platform, we will not be required to provide you with prior notification of such amendments or changes to this Agreement and your continued use of the Platform or Services shall constitute your acceptance of such amendments or changes to the Agreement.
6. Account Registration
6.1 In order to use our Services, Users must create an Account on the Platform. The Users shall use their Account only for themselves and shall not use the Account of another User or provide details of their Account to another User. The User agrees and acknowledges that the User is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You agree to notify Topishi immediately of any unauthorized use of your Account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or Account.
6.2 You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, create multiple Accounts, or provide or use false information to obtain access to an Account that you are not legally entitled to claim. We reserve the right to suspend or terminate your Account at any time, with or without cause, with or without notice, effective immediately.
6.3 You represent and acknowledge that you are over the age of 18. You may create an Account on the Platform on behalf of your child to avail the Services.
7. Payments, Transactions, Cancellations and Refunds
7.1 To avail the Services, you must provide a payment method. You agree to pay the Medical Expert Service Fee for access to the Services on the Platform, in accordance with the Service Confirmation and you authorize us to charge your debit or credit card or process other means of payment for the Medical Expert Service Fee.
7.2 The Medical Expert Service Fee will be subject to taxes in accordance with the applicable law.
7.4 When you make a payment for the Medical Expert Service Fee, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Services, you agree to pay us the corresponding Medical Expert Service Fee within 30 days of notification from us.
7.5 Services once booked, cannot be cancelled. Any Medical Expert Service Fee shall be non-refundable.
7.6 We reserve the right to amend the pricing for the Services at our sole discretion.
8. Third-Party Content
As part of accessing the Platform and availing the Services, Topishi may provide you with convenient links to third-party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you. We have no control over Third-Party Content or platforms or the promotions, materials, information, goods or services available on them. We are not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third-Party Content, you do so at your own risk and you should be aware that our General Terms and Conditions and policies no longer govern. This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
9. Intellectual Property
9.1 Ownership of all intellectual property rights of any kind related to the Platform and Services, including applicable copyrights, patents, trademarks and other proprietary rights are retained by Topishi or the respective Medical Expert, as applicable. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Services may be the trademarks of other third parties. This Agreement does not transfer from us to you any Topishi, Medical Expert or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
9.2 Any trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Services (including any registered trademarks of Topishi) may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Topishi.
9.3 If you believe that any material located on or linked to by Topishi violates your copyright, please notify us. Without prejudice to any rights available to us as per any applicable law, we will endeavor to terminate a User’s access to and use of the Platform if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Topishi or others without necessary rights and permissions.
10. Email Communications
10.1 We use email and electronic means to stay in touch with the Users.
10.2 For contractual purposes, Users (i) consent to receive communications from Topishi in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all General Terms and Conditions, agreements, notices, disclosures, and other communications that Topishi provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clause 10.2(i) and 10.2(ii), Users undertake to comply with clause 14.5 for any notification purposes.
11.1 If you wish to terminate this Agreement and delete your Account, please contact Topishi at firstname.lastname@example.org or via the Platform.
11.3 Topishi may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately.
11.4 All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties and Limitation of Liabilities
12.1 The Platform and Services are on an “AS IS” basis. Topishi makes no representation or warranty that the information/Content we provide through the Platform or that is provided through the Services is accurate, reliable or correct; that the Services will meet your requirements; that the Platform or Services will be available at any particular time; that the Platform or Services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Platform or Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Platform and Services.
12.2 We do not endorse or warrant the conduct, performance, quality, qualification, legality or suitability of a Medical Expert or a Service.
12.3 You are solely responsible for all of your communications and interactions with Medical Experts and Clients, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services.
12.4 We may, temporarily and by providing prior notice, restrict the availability of the Platform or certain features thereof to conduct maintenance measures that ensure the proper or improved functioning of the Platform.
12.5 While using the Platform and/or availing the Services, you should use your best judgment and exercise caution where appropriate.
13. Release and Indemnification
13.2 If you have a dispute with other Users, you release Topishi from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of such disputes.
13.3 You agree to compensate, indemnify, and hold harmless Topishi from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities, costs and expenses (including without limitation lawyers’ fees, penalties, interests or loss of profits) made by another User or any third party and which may at any time be suffered or incurred by, or be assessed against, Topishi, directly or indirectly, as a result of your (i) your violation of this Agreement or the contractual relationship; (ii) errors, mistakes, or inaccuracies of your Content and/or information available by you on or through the Platform and/or Services; (iii) your unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted by you to or through the Platform; (vi) any failure or delay in the execution of any transactions through the Platform and/or the Services; (vii) any dispute, conflict or disagreement between Users in connection with the Services; or (viii) any refund, loss of profits and loss of business reputation (whether incurred directly or indirectly) incurred by Topishi as a result of the provisions of the Services to you.
14.1 Governing Law: This Agreement between you and Topishi and any access to or use of the
Platform or the Services are governed by the federal laws of the United Arab Emirates. Any
dispute which may arise between the User and Topishi pertaining to the implementation or
interpretation of this Agreement shall be amicably settled, failing which Courts of Dubai shall be
the competent authority to settle the same.
14.2 Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Topishi to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
14.4 Notices to Users: Reports, statements, notices and any other communications may be transmitted by Topishi to Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served by Topishi to a User when electronically sent by Topishi to the User to the email address specified in the User’s Account.
14.5 Notices to Topishi: All notices and any other communications may be transmitted to Topishi (and shall be deemed to be received by or served on Topishi) when electronically received by Topishi at email@example.com.
14.6 Headings: The headings and captions in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
14.7 Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
You acknowledge that you have read, understood, and accepted to be bound by these General Terms and Conditions.
Effective as of December 15, 2021.