Terms & Conditions of Services for Doctors

Speedoc Pte. Ltd. (incorporated in Singapore with company registration no. 201705599R) (“Speedoc“) provides a platform (via phone call and online mobile apps) (“Platform“) that connects patients (“Patients“) and medical doctors “(Doctors“) allowing Doctors to provide medical and healthcare services to the Patients. References to “you” and “yours” in these Terms are to the Doctors who are using or accessing the Platform.

By using or accessing the Platform in any manner, via phone call, mobile apps or otherwise , you agree that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, in whole or in part, please discontinue using or accessing the Platform immediately.

Speedoc reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Platform following the date on which the amended Terms are posted.

1. Interpretation

Definitions:

Account” shall have the meaning given to it in clause 2.2.

Applicable Laws” means all applicable laws, statutes, regulations, rules, executive orders, ordinances, supervisory requirements, directives, circulars, opinions, interpretive letters, guidelines, comments and other official releases of or by any government (whether central, federal, state, provincial, local or otherwise) or any authority, representative, department, agency or other entity or body affiliated therewith.

Business Hours” means 8am to 10pm on a day other than a Saturday, Sunday or public holiday in Singapore.

Doctors“shall have the meaning given to it in the recitals.

Engagement” means the engagement by the Patients of the Doctors for the provision of medical and healthcare services, made through the Platform. Engage, Engages, and Engaged shall be interpreted accordingly.

Medical Fee” shall have the meaning given to it in clause 3.1.

Patients” shall have the meaning given to it in the recitals.

PDPA” means the Singapore Personal Data Protection Act (No. 26 of 2012).

Personal Data” means data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the organisation has or is likely to have access

Platform” shall have the meaning given to it in the recitals.

Stripe” shall have the meaning given to it in clause 3.1(b).

 

Third Party Software” shall have the meaning given to it in clause.

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subsidiary legislation made from time to time under that statute or statutory provision.

1.4 A reference to writing or written includes fax and e-mail.

1.5 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.6 References to clauses are to the clauses of these Terms.

2. Your Use of the Platform

2.1 Subject to your compliance with these Terms, Speedoc grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Platform.

2.2 You would need to have an account with Speedoc (“Account”) in order to use the Platform. By creating an Account, you represent and warrant that:

(a) all information which you provide is accurate, up to date, truthful and complete; and

(b) you are capable of entering into and performing legally binding contracts under the Applicable Laws.

2.3 Speedoc reserves the right to, at its sole discretion, and without liability:

(a) suspend or terminate your Account and/or your access to the Platform at any time, for any reason (including but not limited to a suspected breach of any Applicable Laws by you), and without advance notice; or

(b) change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Platform at any time, for any reason, and without advance notice.

2.4 You acknowledge and agree that if we suspend or terminate your Account, you will lose any information associated with your Account. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

2.5 You agree and acknowledge that:

(a) Speedoc only provides the Platform to allow you to connect with the Patients; and

(b) Speedoc is not directly involved in transactions between you and the Patients, and is not a party to any relationship between you and the Patients (contractual or otherwise).

2.6 You further agree and acknowledge that Speedoc has no control over, and is not responsible nor liable for:

(a) any details and particulars of the Patients listed on the Platform;

(b) any correctness of any particulars relating to any Engagement provided by any Patient; and

(c) any of your acts or omissions in respect of any Engagement.

2.7 Speedoc shall be responsible for costs and fees in respect of any Engagement (including but not limited to transportation costs and equipment fees). You shall use your best endeavours to attend to the Patient within an hour of your acceptance of an Engagement. In the event you are unable to do so, you are to inform Speedoc at +65 8180 8948 or other method of communications as may be prescribed by Speedoc from time to time.

2.8 By accepting an Engagement or otherwise using the Platform, you represent, warrant and undertake as follows:

(a) you are a certified medical doctor, with a valid practising certificate, registered and listed with the Singapore Medical Council’s Register Medical Practitioners as required under and in compliance with the Applicable Laws;

(b) you shall maintain in force in place a professional indemnity insurance or such other insurance which a reasonable and prudent person would consider appropriate in the conduct of business the same as or similar to your business, with a reputable insurance company, at an amount not less than S$1 million and shall, on Speedoc’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium;

(c) you shall provide medical and healthcare services and fulfil any Engagement to any Patient with the highest level of care, skill and diligence in accordance with best practice in the medical industry, profession or trade;

(d) keep separate accounts and records giving correct and adequate details of all matters relating to your Engagement (including but not limited to all Patients’ medical records) on the electronic medical records platform provided on the Platform. Such records must be that of sufficient standard required and in accordance with best practice in the medical industry, profession or trade; and

(e) use the services of Parkway Labs through Speedoc, by choosing the option “Bill to Clinic” on the order form with the clinic name “Speedoc Pte Ltd”, in respect of any investigations and/or tests if required for any Patient;

(f) you must disclose to each Patient that you are not affiliated to Speedoc and have no authority or ability to negotiate or enter into any contract on behalf of the Speedoc;

(g) you shall not unreasonably request for additional payments after the Engagement has been confirmed by Patients;

(h) you shall act towards the Patients dutifully and in good faith; and

(i) you shall comply strictly with all Applicable Laws and regulations and any operating guidelines and rules relating to the medical industry, profession or trade.

2.9 You further agree and acknowledge as follows:

(a) you shall have no authority, and shall not hold yourself out, or permit any person to hold itself out, as being authorised to bind the Speedoc in any way, and shall not do any act which might reasonably create the impression that you are so authorised; and

(b) you shall not make or enter into any contracts or commitments, or incur any liability for or on behalf of Speedoc.

3. Payment of Medical Fees

 

3.1 You agree and acknowledge that the payment of fees in relation to the Engagement (“Medical Fees“) payable by a Patient shall only be made:

(a) by way of cash to you; or

(b) by way of online payment method provided on the Platform (“Stripe“).

3.2 Notwithstanding anything in these Terms, you agree and acknowledge that Speedoc is not a party to the any relationship between you and the Patient (contractual or otherwise), and shall assume no liability for any of your acts or omissions.

4. Payment to you

 

4.1 Subject to clause 2, you shall be entitled to the following fee per visit when you are Engaged by the Patients through the Platform:

Consultation

No. Time of Engagement Fee payable by Speedoc to you (S$)
1. During Business Hours (8am – 8pm) 120
2. Outside Business Hours (8pm – 12am) 160
3. After midnight (12am – 8am) 200

Service / Procedure

No. Type of Service / Procedure Fee payable by Speedoc to you (S$)
1. Toilet & Suturing 70
2. Nebulization 20
3. Wound Cleaning 20
4. Certificate of Cause of Death 50
5. Removal of sutures 10
6. Urinary catheterization 25
7. Venepuncture 20
8. Nasogastric tube insertion/change 25
9. IV cannulation 20

4.2 Payment mechanism.

(a) Where Medical Fees are paid by way of cash (under clause 1(a) above), you agree and acknowledge that you shall be liable to pay Speedoc a sum equal to difference between (i) the Medical Fees received in cash by you under clause 3.1(a), and (ii) the fee payable by Speedoc to you under clause 4.1. You further agree and acknowledge that Speedoc shall be entitled deduct such sum from your Account.

(b) Where Medical Fees are paid by way of Stripe (under clause 1(b) above), the fee payable by Speedoc to you under clause 4.1 shall be credited to your Account.

4.3 Speedoc shall keep separate accounts and records giving correct and adequate details of all matters relating to your Engagement. You hereby agree and acknowledge that any records maintained by Speedoc relating to or in connection with your Engagement shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information relating to these Terms. You hereby agree and acknowledge that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records, and you hereby waive any of your rights, if any, to so object.

4.4 Speedoc may at any time, without notice to you, set off any of your liability to Speedoc against any liability of Speedoc to you, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms. Any exercise by Speedoc of its rights under this clause shall not limit or affect any other rights or remedies available to it under these Terms or otherwise

5. Compliance

5.1 Each party shall at its own expense comply with all Applicable Laws relating to its activities under these Terms, as they may change from time to time, and with any conditions binding on it in any applicable licences, registrations, permits and approvals.

6. Intellectual Property

6.1 You acknowledge and agree that the Platform and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Speedoc. Furthermore, you acknowledge and agree that the source and object code of the Platform and the format, directories, queries, algorithms, structure and organization of the Platform are the intellectual property and proprietary and confidential information of Speedoc. You are not granted any intellectual property rights in and to the Platform not expressly granted in these Terms and such rights are hereby reserved and retained by Speedoc.

6.2 The Platform may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Platform is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including but not limited to any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Platform or components thereof be deemed to be open source or publicly available software.

6.3 You are not authorised by Speedoc to use Speedoc’s intellectual property rights, including but not limited to trademarks, in any advertising, publicity or in any other commercial manner without the prior written consent of Speedoc, which may be withheld for any or no reason.

7. Data protection

7.1 Each party agrees that in relation to Personal Data processed in connection with these Terms, it shall:

(a) process the Personal Data in accordance with the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA“) and any other Applicable Laws;

(b) process the Personal Data only so far as is necessary for the purpose of performing its obligations under these Terms;

(c) not disclose or allow access to Personal Data other than by its employees or third parties engaged to perform obligations pursuant to these Terms, and ensure that such employees or third parties are subject to written contractual obligations concerning the Personal Data which are no less onerous than those imposed by these Terms; and

(d) use all reasonable efforts to assist the other party to comply with such obligations as are imposed on that party by the PDPA and other Applicable Laws.

7.2 In relation to the Personal Data relating to any third party that you disclose, provide and/or otherwise supply to Speedoc, you represent, warrant and undertake that you are an authorised representative or agent of such third party and that you have obtained all necessary consents from such third party in respect the collection, use disclosure, and/or otherwise processing by Speedoc of their Personal Data.

7.3 You shall indemnify Speedoc against all claims and proceedings and all liability, loss, costs and expenses incurred by Speedoc as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of your breach of this clause.

8. Non-dealing

8.1 In consideration of the mutual undertakings hereunder, and to protect the legitimate business of Speedoc, you undertake that you shall not for a period of three (3) months following the date of an Engagement, either on your own account or in conjunction with or on behalf of any other person, firm or company (whether directly or indirectly) or on behalf of any third party:

a) be involved with the provision of medical and healthcare services with any Patient through home visit, other than by way of the Platform.

b) solicit business in competition with the company from clients of the company with whom, you have had dealings at any time during the course of your employment with the company.

c) seek to entice away or recruit any employee of either the Company who was so employed at the date of the Employment.

8.2 You agree and acknowledge that:

(a) the duration, extent and application of the this clause 8 is reasonable and is no greater than is necessary for the protection of the proprietary interests of Speedoc;

(b) its undertakings in this clause 8 are intended for the benefit of Speedoc, and apply to actions carried out by you in any capacity and whether directly or indirectly, on your behalf or on behalf of any other person or jointly with any other person; and

(c) without prejudice to any other rights or remedies that Speedoc may have, you agree and acknowledge that damages alone would not be an adequate remedy for any breach of this clause 8 by you. Accordingly, Speedoc shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this clause 8.

9. Indemnity and Limitation of Liability

9.1 You agree and acknowledge that your only right and remedy against Speedoc in connection with the Platform (including but not limited to the Engagement and your provision of medical and healthcare services to the Patients) is to request for the termination of your account on the Platform and/or to discontinue any use of the Platform.

9.2 Without prejudice to clause 1 above, Speedoc shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any direct, indirect, incidental, consequential, special or exemplary damages (including but not limited to any loss of profit, loss of revenue, loss of use, loss of goodwill, loss of data, loss due to interruption of business, or loss of anticipated savings) arising out of or in connection with your access or use of or inability to access or use the Platform or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the Platform.

9.3 Without prejudice to this clause 9, Speedoc’s total liability to you in respect of all loss or damages arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the fee payable by Speedoc to you under clause 4.1 in respect of a consultation (excluding fee payable by Speedoc to you in respect of service / procedure) per visit.

9.4 You shall indemnify and hold Speedoc harmless against any and all losses, liabilities, damages, costs, claims and expenses (including legal fees on a full indemnity basis and other professional advisers’ fees, and disbursements and costs of investigation, litigation, settlement, judgment, interest, penalties and remedial actions) incurred by or awarded against Speedoc at any time and from time to time, directly or indirectly, sustain, incur or suffer by reason of, or arising out of or in connection with:

(a) any of your breach or default of any of your obligations, warranties and duties under or in connection with these Terms;

(b) the Engagement (including but not limited to any claim arising out of in connection with your breach of standard of care to any Patient);

(c) any neglect or default of yours in your performance of your duties and obligations under these Terms, and in relation to any Engagement with any Patient;

(d) any of your breach of any other contract with a third party (including but not limited to any Patient)

(e) any other third party claims (including but not limited to those initiated by any Patient) arising out of or in connection with these Terms;

(f) any infringement of a third party’s intellectual property rights by you; or

(g) non-compliance with Applicable Laws by you.

10. No Partnership or Agency

10.1 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

10.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

11. Entire Agreement

11.1 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

11.2 Each party acknowledges that in agreeing to these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

12. No Warranty

12.1 You acknowledge and agree that the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

12.2 Speedoc does not represent or warrant that:

(a) the use of the Platform will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data;

(b) the Platform will meet your requirements or expectations;

(c) errors or defects in the Platform will be corrected; or

(d) the Platform and Speedoc’s servers are free of viruses or other harmful components.

12.3 All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

12.4 The Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Speedoc is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

12.5 No advice or information, whether oral or written, obtained by you from Speeodc or from the Platform shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Speedoc has no obligation to support or maintain the Platform.

12.6 Speedoc disclaims any and all liability or responsibility in relation to the content made available through the Platform. Speedoc is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Platform, including the failure of such third party content and services

13. Compatibility

Speedoc does not warrant that the Platform will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Speedoc and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

14. Variation

Speedoc reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Platform following the date on which the amended Terms are posted here

15. Assignment

You shall not assign any rights or delegate any obligations herein without Speedoc’s prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

16. Waiver

16.1 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

16.2 No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. Severance

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

18. Third party rights

A person who is not party to these Terms has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of these Terms.

19. Governing law and Jurisdiction

19.1 These Terms shall be governed by, and construed in accordance with, the laws of Singapore.

19.2 Any dispute, whether contractual or not, arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator, such arbitrator to be appointed by mutual agreement between the parties, or in the event that no mutual agreement is reached, then in accordance with the SIAC Rules. The language of the arbitration shall be English.

19.3 The International Arbitration Act of Singapore (Cap. 143A), as amended from time to time, shall apply to any arbitration proceedings commenced under these Terms.

Last updated: June 3, 2019