1.
This Atrial Fibrillation Tele-ScrEENing Programme (also known as "AF-SEEN Programme") (“Programme") is a community-screening programme hosted by the Hong Kong Society for Rehabilitation (“HKSR”), with Roche Diagnostics (Hong Kong) Limited (“Roche”, a pharmaceutical and biotech company) as the sponsor of the Programme, Qompium NV (“Qompium”) as the provider of the FibriCheck software (“FibriCheck”) used in the Programme, eSmartHealth Limited (“eSmartHealth”, together with HKSR, Roche, Qompium as the “Parties”) as the provider of the DrGo App (“App”) used in the Programme and Dr. Chan Ngai-Yin (Cardiologist) as the medical adviser of the Programme. The Programme shall run in the Hong Kong Special Administrative Region (“Hong Kong”).
2.
The Programme aims to provide a 14-day free usage of a heart rhythm checking via the App, utilising FibriCheck (a heart rhythm checking software powered by Qompium, which has been integrated into the App), to up to 100,000 citizens in Hong Kong for atrial fibrillation (“AF”) screening, with a hope to identify the disease early and prompt the disease management. Participants are free to use FibriCheck via the App to measure their heart rhythm at will within the 14-day period. Participants are recommended to perform heart rhythm measurement at least 2 times a day (in the morning and at dusk), or whenever AF symptoms (e.g. heart palpitations or shortness of breath) are experienced.
3.
Enrolment of the Programme is expected to start at 9:00 am on 12 December 2022 and end at 11:59 pm on 30 April 2023 (Hong Kong time, subject to the system display time), subject to adjustment as HKSR may advise (“Programme Period”).
4.
To participate in the Programme, participants must be aged 18 or above and are required to register with DrGo on the App and join the Programme within the Programme Period. Participants are deemed to have read and agree to be bound by all relevant terms and conditions of the Programme, including (a) the prevailing version of these “AF-SEEN Programme Terms and Conditions”; (b) the “eSmartHealth Personal Information Collection Statement of the Programme”; and (c) the prevailing version of the “FibriCheck Terms of Use” (all available on DrGo website at
www.drgo.com.hk and the App). Participants shall also comply with the “FibriCheck Service Instructions of Use” (available on the DrGo website and the App) when using FibriCheck via the App. By continuing to be registered or use the services under the Programme, participants are deemed to have accepted any updated terms and conditions. If there is any discrepancy between the “AF-SEEN Programme Terms and Conditions” and the “FibriCheck Terms of Use” or the “FibriCheck Service Instructions of Use”, the provisions of the “AF-SEEN Programme Terms and Conditions” shall prevail, unless HKSR or eSH advises otherwise.
5.
DrGo and the App are provided by eSmartHealth, but the FibriCheck service (which has been integrated into the App for the purpose of the Programme) is provided by Qompium. The registration with DrGo and use of services under DrGo are subject to relevant terms and conditions, including the prevailing version of the “DrGo Terms and Conditions” (available on DrGo website and the App). By continuing to be registered or use the services under DrGo, DrGo users are deemed to have accepted any updated “DrGo Terms and Conditions”.
6.
Each participant of the Programme will be assigned a Patient ID, which will be shown in the FibriCheck results available on participants’ DrGo account.
7.
Follow-up service will be provided by HKSR to participants who are detected with possible AF (up to 1,000 participants, as expected under the Programme) from using FibriCheck via the App (each a “Follow-up Participant”). HKSR’s designated nurse or staff will contact Follow-up Participants by phone or email, advising them to go to the nearest HKSR’s Community Rehabilitation Network (“CRN”) Centre for further follow-up. Participants known to harbour AF prior to the Programme are not eligible for the follow-up service and will not be contacted. Participants with cardiac arrhythmias / abnormalities beyond possible AF, as indicated by the FibriCheck result, will also not be followed up. These ineligible participants are advised to seek medical attention as needed. If the number of Follow-up Participants exceeds the expected number, HKSR reserves the right to adjust the participation quota or end the Programme early.
8.
HKSR will lend each Follow-up Participant a portable electrocardiogram (“ECG”) device (model: AliveCor KardiaMobile® 6L) during the Follow-up Participant’s visit to the CRN Centre for 14-day free use, as well as provide an extra 14-day free use of FibriCheck via the App. Each Follow-up Participant is recommended to take a measurement on the ECG device at least twice a day, in conjunction with measuring their heart rhythm with FibriCheck via the App, or whenever AF symptoms are experienced.
9.
Within one week after the said 14-day period, Follow-up Participants are required to return the ECG device in clean and good working condition to a CRN Centre or as directed by HKSR. A participant is liable to pay a fine of HK$100 for any late return of the device, or pay the relevant fee for any damaged, non-working or unclean device or any non-return of the device, as HKSR may advise the participant.
10.
Upon the return of the ECG device, HKSR will extract Follow-up Participants’ ECG non-personally identifiable data from the device and send the same to HKSR’s designated doctors of the Programme for review, analysis and/or research purpose. A report of the AF screening result, with doctor’s comments (if any), may be made available to Follow-up Participants on the App.
11.
If normal heart rhythm results are recorded through the App, HKSR may invite up to 500 participants of such group on a random basis for the same or similar follow-up arrangements as those with suspected AF results.
12.
If the screening report is suggestive of AF for a Follow-up Participant, HKSR’s nurse or staff will contact the participant by phone or email in around 6 months’ time after the issuing of the report for a survey on the disease management status.
13.
Participants must ensure that any information provided for the purpose of the Programme (including but not limited to the participant's personal data) is correct, complete and true. No one shall intentionally conceal or provide false information, fraudulently use or embezzle other people's information, or mislead any Parties or any doctor of the Programme in any way, in order to obtain support from the Programme. If HKSR or eSmartHealth is of the view that a participant has or may have violated any terms and conditions of the Programme, the participant’s participation will be disqualified, and each of HKSR and eSmartHealth may take measures as it deems appropriate, which may include, but not limited to, withdrawing any support or service and claiming the participant for any loss and damage it (or any of its staff, representative or agent) may have incurred or suffered.
14.
Participants agree that aggregate anonymous data which is extracted from the Programme will be used by third parties (such as Dr. Chan Ngai-Yin or other designated doctor(s)) for academic research, policy discussion and/or public education purposes and any research results may be published and shared with the Parties.
15
eSmartHealth may, for and on behalf HKSR, send an email to each participant to the participant’s DrGo registered email address, requesting the participant to provide the participant’s relevant medical history and other relevant data directly to HKSR for the said academic research, policy discussion and/or public education purposes. Participants agree to only provide non-personally identifiable data in response to the said email directly to HKSR.
16.
Participants agree that they will remain in Hong Kong during their participation of the Programme, including but not limited to when they download the App, register with DrGo, perform each heart rhythm and ECG measurement.
17.
Any personal data of any participant of the Programme obtained by HKSR under the Programme shall be collected, used and retained by HKSR in accordance with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and HKSR Privacy Policy Statement (available at HKSR website at www.rehabsociety.org.hk). Any personal data, medical data, screening report results and other information collected in the Programme will be used for the Programme and/or liaison purposes. After the Programme ends, unless it is required to be retained by law, HKSR will permanently destroy or anonymise all information collected through the Programme. HKSR reserves the right to share such anonymised information with other third parties for research and development, policy setting, as well as public education purposes.
18.
Except as expressly stated in the “AF-SEEN Programme Terms and Conditions”, HKSR’s responsibility to participants under the Programme is limited to the support provided under the Programme and eSmartHealth’s responsibility to participants under the Programme is limited to the App available to participants under the Programme, provided that eSmartHealth shall not be liable in any way for any loss or damage which any party or any person may incur or suffer in connection with FibriCheck (which is integrated into the App) or the ECG device or their respective readings or results or any goods or services provided by HKSR, Roche or Qompium in connection with the Programme. Neither HKSR nor eSmartHealth is not responsible for any fees that participants may need to pay in connection with the participant’s participation in the Programme, including but not limited to consultation fees, travel expenses, and follow-up or testing expenses after the completion of the Programme, if any.
19.
Support, goods and services provided under the Programme cannot be exchanged for cash, other products or services, or set off against other fees and refunds.
20.
The Programme is for eligible participants only. Participants may not transfer or resell any support, goods or services provided under the Programme to any party.
21.
Please contact HKSR if any participant would like to withdraw from participation of the Programme.
22.
Any information in connection with the Programme given by any Party or any doctor relating to the screening report or made available on the App are for participants’ reference only. Such information shall in no way constitute professional medical advice. Participants are advised to seek advice from medical professionals for all information about their health and conditions. Participants understand and agree that neither HKSR nor eSmartHealth shall be held responsible for the results of the screening reports, any information in connection with the Programme given by HKSR or eSmartHealth, or the health condition of the participants.
23.
The Programme does not provide any medical services. None of the Parties and any doctors under the Programme intends to establish any fiduciary duty with any participant, including between doctors and their patients.
24.
Without limiting other provisions of the “AF-SEEN Programme Terms and Conditions”, all support, goods and services provided under the Programme are provided to participants on an “as is” and an “as available” basis, without warranty or condition of any kind, either expressed or implied, and all representations and warranties in connection with the Parties, any doctors under the Programme and the support, goods and services under the Programme are excluded to the fullest extent permissible under any applicable law. To the maximum extent permitted under applicable law, each of the Parties shall not be liable in any way in connection with the Programme, whether in contract, warranty, tort or otherwise.
25.
None of the Parties shall be liable or deemed in default for failure to fulfil any obligation under the Programme due to causes beyond its reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, civic unrests, shortages of labour or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet backbone outages, failure of an internet access provider or other similar causes beyond our control, and none of the Parties shall be liable for losses, expenses or damages, ordinary, special, remote or consequential, resulting directly or indirectly from such causes.
26.
HKSR and/or eSmartHealth reserves the right to modify, suspend or terminate the Programme and the “AF-SEEN Programme Terms and Conditions” at any time without prior notice or reason. The “AF-SEEN Programme Terms and Conditions”, as amended, are effective immediately upon uploading to the relevant website or app.
27.
The contents of the Programme and the “AF-SEEN Programme Terms and Conditions” shall be governed and construed by the laws of the Hong Kong Special Administrative Region. If there is any dispute related to the content of the Programme and the “AF-SEEN Programme Terms and Conditions”, HKSR and/or eSmartHealth reserve(s) all the right of final interpretation and decision.