1. Purpose
These General Terms and Conditions govern the contracting of services offered through the “WALLET or Advance Payment” application (hereinafter, the “Application”) operated by TOP DOCTORS, INC., Spanish branch, with tax identification number (C.I.F.) W4009543B and registered address at C/ Muntaner, 239, 4º, 08021 Barcelona.
The Application and website of TOP DOCTORS (hereinafter jointly referred to as the “Platform”) have been developed to provide access to medical services for the purpose of evaluating users' health, offering structured health information, and enabling interaction with healthcare professionals either via the Application or through the website.
2. Acceptance of the General Terms and Conditions of Use
Access to and use of the TOP DOCTORS Application and website by any user constitutes full, express, and unreserved acceptance of these General Terms and Conditions of Use. Any individual who does not accept these terms must refrain from using the Application and/or the advance payment service offered by TOP DOCTORS.
By using the services provided by TOP DOCTORS, users agree to be bound by the version of these General Terms and Conditions of Use that is published on the TOP DOCTORS website (www.topdoctors.co.uk) at the time of accessing or using the Application. Upon first access to the Application, users will be prompted to accept these terms by selecting the “Accept” option. By doing so, they confirm their full understanding and acceptance of the terms.
3. Services and Operation of the Top Doctors Advance Payment Service
3.1 Features of the Application and Website
The Application and/or website have been designed as tools for doctors and patients to assess the user's health status via medical professionals, provide structured health information, and facilitate interaction with healthcare providers.
The Application and website provide access to medical services rendered directly by licensed medical professionals. TOP DOCTORS does not, under any circumstances, provide diagnoses, nor does it prescribe, modify, or cancel medical treatments.
3.2 Advance Payment Service: Online Medical Appointments and Treatments
This service allows users to select a specialist and preferred appointment date and pay for the consultation in advance via the TOP DOCTORS website. The service may offer preferential pricing, determined solely by the medical professional.
Users who select this service must accept the specific terms at the time of booking, complete the registration process on the website, and will then receive a confirmation email containing a coupon (including a QR code) to be presented at the consultation or treatment appointment.
The coupon is valid for 30 calendar days from the date of the booking. Appointments or treatments may be rescheduled within this period, subject to the doctor’s availability, and must be coordinated directly with the doctor’s clinic. The coupon entitles the user to priority booking, managed by the doctor as per their schedule.
This service is intended to reduce patient no-shows and ensure that practitioners receive payment for confirmed appointments.
The doctor agrees to provide the consultation or treatment at the earliest possible date within the coupon’s validity period. The coupon is valid only for the selected specialist and is strictly non-refundable, in accordance with Article 103(a) of the Spanish General Law for the Defence of Consumers and Users (RDL 1/2007, of 16 November), as the advance payment constitutes full execution of the contract. By accepting this, the user explicitly acknowledges and waives their right to withdraw from the contract, and no refund shall be issued. However, unused coupons may be rescheduled with the same doctor within the original 30-day validity period.
Only the doctor may cancel the coupon if unable to provide the service within the validity period. To do so, the doctor must log into their TOP DOCTORS account and cancel the coupon via the website or mobile application.
The coupon entitles the doctor to receive payment even if the patient fails to attend the appointment. Payment will be processed 30 days after the scheduled appointment date, aligned with the regular invoicing cycle.
3.3 Access to the Advance Payment Service
Doctors must download the TOP DOCTORS app and/or access the website to offer the advance payment service. The app is available on the following platforms:
Doctors must log in with their existing credentials to access the “Wallet or Advance Payment” section in their dashboard. They must also configure the pricing of this service under the “Appointments” section by selecting “Set Prices” and choosing the “Advance Payment” option, entering the applicable fee.
For security, passwords must be changed every 90 days, be unique, and include a minimum of eight characters with at least one uppercase letter, one lowercase letter, one number, and one punctuation mark.
3.4 Invoicing of Services
TOP DOCTORS will issue invoices to patients on behalf of the medical professional, who is legally the issuer of the invoice. The doctor is solely responsible for ensuring the accuracy, tax compliance, and reporting of the invoices issued in their name.
When logging in for the first time, doctors will be prompted to accept the invoicing terms and verify or update their billing information, including whether VAT should be applied.
By accepting these Terms and Conditions, the doctor authorises TOP DOCTORS to generate and collect payments for services rendered on their behalf. Invoices will be made available in the doctor's and patient's respective dashboards and sent by email in PDF format.
Payments will be made to the doctor on the 30th day of the month following the invoice date. Should the doctor owe any outstanding amounts to TOP DOCTORS, these may be offset against the amount payable.
3.5 Pricing and Fees for the Application
The doctor determines all service fees, which must be set in multiples of five pounds (£5) for clarity and ease.
For services involving advance payments via the Application, TOP DOCTORS will charge a platform fee of £5 per appointment.
Doctors are responsible for indicating whether VAT should be applied to invoices. TOP DOCTORS does not negotiate the cost of services with medical professionals. Users contract medical services directly with the professional, and TOP DOCTORS merely provides the platform facilitating access.
Doctors are fully responsible for compliance with all applicable legal and professional regulations, including those set by relevant medical professional bodies, concerning the provision of telemedicine services.
3.6 Limitations of the Advance Payment Service
This service does not replace or interfere with the doctor’s own administrative and billing systems. It is designed solely to facilitate the collection of payments in advance for services selected by the medical professional and offered through the Platform.
The service must not be used to charge patients additional or extraordinary costs unrelated to the standard consultation or treatment. Doctors are not permitted to use the Platform to issue duplicate or false invoices, or to bill for services not agreed upon or rendered through the Platform.
TOP DOCTORS reserves the right to suspend or terminate a medical professional’s access to the Advance Payment Service if any misuse is detected.
4. Obligations of the Medical Professional
By agreeing to participate in the Advance Payment Service, the medical professional expressly undertakes to:
- Accurately configure their pricing and availability within the Platform;
- Accept patients who have paid for their consultation or treatment via the Platform, offering priority appointment scheduling within the coupon’s 30-day validity period;
- Provide services as per the agreed terms and standards of professional practice;
- Use the Platform only for its intended purpose and refrain from any misuse;
- Ensure compliance with all tax, regulatory, and professional obligations, including data protection laws;
- Cancel coupons via the Platform if unable to provide the agreed service within the validity period.
5. Rights and Obligations of Top Doctors
TOP DOCTORS undertakes to:
- Make the Platform available to users and medical professionals, subject to these terms and conditions;
- Process payments on behalf of medical professionals;
- Issue and send invoices to patients on behalf of the medical professional, subject to the doctor’s confirmation;
- Transfer collected payments to the doctor, following the agreed billing cycle;
- Ensure the security of all financial transactions;
- Provide technical support in case of Platform-related issues.
TOP DOCTORS reserves the right to:
- Suspend or cancel access to the Advance Payment Service in the event of misuse, fraud, or breach of these terms;
- Adjust or update these terms with prior notice to users and professionals;
- Offer promotional initiatives, discounts, or adjustments to platform fees.
6. Data Protection
All data collected through the Application and Platform will be processed in accordance with applicable data protection regulations, including the General Data Protection Regulation (GDPR) and Spain’s Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights.
TOP DOCTORS acts as the data controller for Platform users and as the data processor on behalf of the medical professional when handling patient data linked to their practice.
All personal data provided by patients will be processed solely for the purpose of facilitating medical services, issuing invoices, and managing appointments. Data subjects may exercise their rights of access, rectification, erasure, restriction, portability, and objection by contacting TOP DOCTORS via email at [email protected].
Doctors must also comply with their own data protection obligations and ensure that any processing of patient data complies with applicable laws.
7. Intellectual and Industrial Property
All content on the Platform, including but not limited to text, graphics, logos, images, software, and databases, is the exclusive property of TOP DOCTORS or its licensors. It is protected by national and international intellectual and industrial property laws.
No part of the Platform may be copied, modified, reproduced, republished, uploaded, transmitted, or distributed without prior written permission from TOP DOCTORS.
The unauthorised use of any content or functionality of the Platform may constitute a breach of these terms and applicable laws, and may result in legal action.
8. Limitation of Liability
TOP DOCTORS shall not be liable for:
- Any failure or delay in the provision of medical services by the healthcare professional;
- Losses or damages arising from the misuse of the Platform by users or professionals;
- Interruptions to service caused by force majeure, technical failures, or third-party issues;
- Inaccuracies or errors in data or content provided by third parties.
TOP DOCTORS does not provide medical services and is not liable for the professional conduct or decisions of doctors using the Platform.
9. Termination
These terms shall remain in force until terminated by either party.
Doctors may terminate their use of the Advance Payment Service at any time by deactivating the feature through the Platform. Any pending payments or appointments must be honoured prior to termination.
TOP DOCTORS may suspend or terminate access immediately in cases of breach of these terms, suspected fraud, or legal non-compliance.
10. Modifications to These Terms
TOP DOCTORS may update or amend these terms at any time, provided notice is given to users and professionals via the Platform or by email.
Continued use of the Advance Payment Service following the update shall constitute acceptance of the new terms.
11. Governing Law and Jurisdiction
These General Terms and Conditions are governed by Spanish law. Any disputes arising from the interpretation or execution of these terms shall be submitted to the courts and tribunals of the city of Barcelona, expressly waiving any other jurisdiction that may otherwise apply.