DrGo Welcome Gift Terms and Conditions
1.
You may be entitled to designated welcome gift(s) upon your successful registration with DrGo, subject to the prevailing version of these “DrGo Welcome Gift Terms and Conditions”. You may access the latest version of these “DrGo Welcome Gift Terms and Conditions” at DrGo website: www.drgo.com.hk and the DrGo App.
2.
Offer of welcome gift(s) is a time limited offer, applicable to new eligible DrGo users’ first registration with DrGo on the DrGo App with an email address which has not been previously registered with DrGo. Upon successful registration, such user (as counted by his / her registered email address) may be entitled to designated welcome gift(s). Each person is only entitled to register with DrGo once (i.e. each person may only have one DrGo account). Each eligible DrGo user will only be entitled to redeem ONE set of designated welcome gift(s), despite the number of new registration that user may have submitted.
3.
Registration with DrGo must be in accordance with all relevant terms and conditions of DrGo, including, without limitation, the prevailing version of the “DrGo Terms and Conditions” (available at DrGo website and the DrGo App). The type(s) of welcome gift(s) a user may be entitled to will be set out in the DrGo App at the time of the user’s DrGo registration.
4.
If we decide that a registered user is entitled to welcome gift(s), we will send a welcome email (“Welcome Email”) to the DrGo user’s registered email address after his / her successful registration with DrGo gift-redemption particulars. We will send out the relevant e-voucher(s) / promotional code(s) for the welcome gift(s) and/or welcome gift-redemption particulars to the “My Wallet” of the user’s DrGo App (under “Profile”).
5.
If any welcome gift includes physical product / voucher, users are required to collect such welcome gift at our designated location within the designated period by presenting the Welcome Email and “My Wallet” page on their DrGo App (under “Profile”) (screen caps are not acceptable) for our verification.
6.
Users are solely responsible for ensuring that the email registered with DrGo is a valid email that is able to receive our welcome gift email. We will not re-issue any e-vouchers / promotional codes, will not resend any welcome gift email and will not compensate users if we are unable to send our welcome gift email to the user’s registered email address or if the user is unable to receive or open such welcoming email.
7.
All welcome gifts, e-vouchers and promotional codes are for private use and must not be sold or used for any form of commercial purpose, directly or indirectly. None of the welcome gift, e-voucher or promotional code is redeemable or exchangeable for cash or credit.
8.
If the welcome gift(s) include(s) DrGo E-Voucher, the DrGo E-Voucher can only be used by the relevant registered user and is not transferrable or redeemable for cash or credit. Each DrGo E-Voucher comes in a form of a unique coupon code, valid for final bill payment upon finishing a video consultation via the DrGo App. DrGo E-Voucher may not be used for payment of booking fee for a video consultation. Unless otherwise specified, DrGo E-Voucher also may not be used for booking for a DrGo video consultation using any designated medical plan or in conjunction with any other offer. The coupon code under the DrGo E-Voucher is only valid for a limited period only. User will find the expiry date(s) of his / her DrGo E-Voucher(s) under the “Profile” of his / her DrGo App. Each DrGo E-Voucher can only be used once. Only one DrGo E-Voucher can be used for each final bill payment. If the applicable fee exceeds the value of the DrGo E-Voucher, the user is required to pay the balance in the DrGo App. Unless otherwise specified, DrGo E-Voucher cannot be used if a user is booking for a DrGo video consultation using any designated medical plan or in conjunction with any other offer. DrGo E-Vouchers are offered and provided by us, not by and are not unrelated to any of our business partners on DrGo.
9.
Welcome gifts are limited and may be allocated at our sole discretion. Notwithstanding any provisions contained in these “Welcome Gift Terms and Conditions”, we reserve the right to substitute any welcome gift with another welcome gift of similar value at our sole discretion. The redemption / use of each welcome gift may be subject to relevant terms and conditions. For details, please see the relevant voucher / e-voucher and/or our welcome gift email.
10.
We do not guarantee the successful use / redemption of any vouchers, e-vouchers, promotional codes and/or welcome gifts if the same is / are provided by third-party vendors, nor do we guarantee the quality of any welcome gifts, and we do not accept any liability whatsoever in relation thereto. Please resolve any disputes regarding thereto with the respective supplier directly.
11.
Without prejudice to any other rights and remedies available to us under all relevant terms and conditions of DrGo or otherwise, we are entitled to immediately reject or cancel any person’s registration with DrGo, terminate any person’s DrGo account, withdraw any welcome gift and privilege which a person is supposed to be entitled to (in whole or in part) and/or take any other actions which we consider to be appropriate, without prior notice, if we consider that a person is or may have been in breach of any relevant terms and conditions of DrGo.
12.
We have all final decisions in all matters in connection with the giving out and the use of any welcome gifts.
13.
We may revise these terms and conditions from time to time without prior notice. The revised terms and conditions will take effect when they are posted, unless we specified otherwise.
14.
Any visuals, if any, are for reference only.
15.
In the event of any discrepancy between the English and Chinese versions of these terms and conditions, the English version shall prevail.
DrGo Terms and Conditions

By registering and continuing to be registered with DrGo and/or using any services thereunder, you will be deemed a user under DrGo (“User”) and agree to be bound by all the prevailing terms and conditions of DrGo, including the prevailing version of these Terms and Conditions, the “DrGo Privacy Statement” and the applicable “Personal Information Collection Statement(s)” (all the prevailing terms and conditions of DrGo collectively as "DrGo T&C"). You may access the latest version of these Terms and Conditions on the DrGo website: www.drgo.com.hk.

1. DrGo
1.1
DrGo is a platform operated by us, eSmartHealth Limited (“eSH”). DrGo is a platform which facilitates the provision of medical and healthcare services to eligible users physically located in Hong Kong by Hong Kong registered medical practitioners, Hong Kong registered / listed Chinese medicine practitioners and other healthcare professionals. Neither eSH nor DrGo is licensed or registered to provide medical or healthcare advice and services. The relationship between eSH / DrGo and you does not constitute a doctor–patient / Chinese medicine practitioner-patient / healthcare professional–patient relationship, and a doctor-patient / Chinese medicine practitioner-patient / healthcare professional–patient relationship will exist only and exclusively between a medical practitioner / Chinese medicine practitioner / healthcare professional available on DrGo and a patient (to the extent such relationship is established by the medical practitioner / Chinese medicine practitioner / healthcare professional). eSH and DrGo do not assume the role of any professional medical or healthcare body, do not practice medicine or healthcare services and do not provide any medical or healthcare opinions, advice, or consultations or prescribe medication or other medical, healthcare or clinical services, and any of the foregoing in rendering the services via DrGo by medical practitioners / Chinese medicine practitioners / healthcare professional are undertaken solely and exclusively by the medical practitioners / Chinese medicine practitioners / healthcare professional and our medical partners' contractors (e.g. nurses and pharmacists). eSH and DrGo also do not assume or share the medical practitioners’, / Chinese medicine practitioners’ or healthcare professionals’ responsibility or liability with regard to the quality or appropriateness of the medical or healthcare services provided by them, including the manner of providing the medical or healthcare services (such as by way of video consultation), which are provided solely based on the independent exercise of the professional judgment of the medical practitioners / Chinese medicine practitioners / healthcare professionals.
1.2
You use DrGo and the services available thereunder solely at your own risk. DrGo is not in any way designed or intended to replace regular in-person services between a medical practitioner / Chinese medicine practitioner / healthcare professional and a patient. Any information, advice, opinion, diagnosis, treatment, service, Medical Certificate (as defined in Clause 4.4
) and/or medication provided by a medical practitioner / Chinese medicine practitioner / healthcare professional are provided by and on behalf of the particular medical practitioner / Chinese medicine practitioner / healthcare professional, based solely on the medical practitioner's / Chinese medicine practitioner’s / healthcare professional’s exercise of his professional judgment.
1.3
DrGo is provided in order to facilitate the connection of patients with medical practitioners / Chinese medicine practitioners / healthcare professionals. eSH and DrGo (i) do not recommend or endorse any particular medical practitioners / Chinese medicine practitioners / healthcare professionals; and (ii) to the maximum extent permitted by applicable law, are not responsible or liable, and do not endorse or support or recommend any information, advice, opinion, diagnosis, treatment, service, Medical Certificate and/or medication prescribed or given by those medical practitioners / Chinese medicine practitioners / healthcare professionals via DrGo, for any reason whatsoever.
1.4
To the maximum extent permitted by applicable law, eSH and DrGo shall not in any way be responsible or liable should there be any use or misuse of any of your prescribed medications or Medical Certificates, or if anyone is permitted to use, take and/or administer your prescribed medications or Medical Certificates, whether with or without your consent or knowledge.
1.5
DrGo is not suitable for symptoms requiring immediate medical assistance. DrGo does not (i) provide emergency medical service; or (ii) provide care for any acute medical conditions, and should not be used as such. DrGo may not be appropriate for all medical conditions or symptoms. If (a) you require emergency medical assistance; (b) you are or have been experiencing symptoms that would require immediate medical attention, which may include (without limitation, the followings), please consider calling for an ambulance or going to the Accident & Emergency Department at your nearest hospital.

Choking
Speech difficulty
Suicidal or homicidal thought
Chest pain
Severe bleeding
Confusion or hallucination
Seizures
Loss of consciousness
Other serious medical or similar symptoms
Breathing difficulty
Broken bone
Severe pain
Weakness in arm or leg

1.6
If your conditions or symptoms persist or worsen, please seek additional medical advice.
1.7
DrGo can only be accessed by downloading the DrGo App on smart mobile devices which allow video calls to be made.
2. Eligibility
2.1
At the time of the video consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional, you must physically be in Hong Kong.
2.2
Some of the services available on DrGo may not be suitable for certain Users and may have different age restrictions. For example, if you are pregnant, you may register and remain registered as a DrGo User, but you may not make a booking request for a general practice consultation on DrGo; however, this restriction is not applicable if you are making a booking request for a consultation with a Chinese medical practitioner or for a COVID-19 Testing (as defined in Clause 4.1).
2.3
If you are a minor (i.e. under 18 years of age) at the time of video consultation, you are required to be physically accompanied by an adult during the video consultation.
2.4
At the time of making a booking request for a consultation, you must have and provide details of a valid identification document (such as a Hong Kong Identity Card, Birth Certificate or Passport) for verification purpose.
3. Registration
3.1
To access the services, you must register as a User on the DrGo App.
3.2
The DrGo App will be available for downloading from App Store and Play Store. Updates to the DrGo App may be available to be downloaded from time to time. To enhance your experience on DrGo, please ensure that you have the most up-to-date version of the DrGo App installed on your mobile device.
3.3
While installing the DrGo App, you will be asked to give your consent for DrGo’s access to certain features on your mobile device, to enable us to provide the comprehensive features of the services to you. If you do not give your consent, you will not be able to install or use the DrGo App or some features of the services
3.4
To register with DrGo, you will have to provide certain information, including but not limited to a valid email address (alias email addresses are not acceptable) and a valid Hong Kong mobile number (which mobile number must be able to receive and send out SMS, and please note that you may be charged for the use of SMS by your mobile service provider), and you will need to create a password.
3.5
Each person is entitled to be registered under one DrGo account only. Each email address may only be used to register for one DrGo account. Each mobile number may only be used to register for up to three (3) DrGo accounts (e.g. a parent / legal guardian may use his mobile number to register DrGo for (i) himself; and (ii) up to two (2) minors (whereby the registered DrGo Users will remain to be each of the relevant minors)).
3.6
Registration with DrGo does not guarantee a User will be able to make an appointment to attend a video consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional on DrGo.
3.7
Subject to you agreeing to the relevant terms and conditions (which will be made available to you at the time of your registration), you may register with DrGo using your existing The Club account.
3.8
If a User is a minor, any registration of DrGo must be with the permission of the minor User’s parent / legal guardian, who will also be the minor’s emergency contact and be the one to be agreeing to the DrGo T&C on behalf of the minor.
3.9
Once logged-in DrGo, you will also be able to access and make purchases on DrGo Health Store.
4. Service Scope
4.1
DrGo is a platform which facilitates the provision of medical and healthcare services to eligible Users by Hong Kong registered medical practitioners, Hong Kong-registered / -listed Chinese medicine practitioners and/or other healthcare professionals.DrGo may also a platform which facilities the provision of testing of the Coronavirus Disease 2019 (by way of early morning deep throat saliva) (“COVID-19 Testing”) by our healthcare partner(s).
4.2
Services in connection with:

(a) The medical and healthcare consultation, including booking arrangement, any advice and diagnosis; and any prescribed medications, prescription note (處方棧) and/or Medical Certificates so prescribed / issued by a medical practitioner / Chinese medicine practitioners / healthcare professional, if the medical practitioner / Chinese medicine practitioners / healthcare professional renders it necessary and appropriate based on his professional judgement after a consultation (collectively, “Medical Consultation Service”);

(b) The COVID-19 Testing, including booking arrangement for a COVID-19 test video consultation with an available medical practitioner, and upon a medical practitioner’s determination that the User is asymptomatic and suitable to carry out a COVID-19 Testing, delivery of a test kit to the User’s designated address, collection of the saliva specimen at the User’s same designated address, dropping-off of the saliva specimen at the healthcare provider for testing, conducting a COVID-19 Testing and the issuance of a test report (collectively, “COVID-19 Testing Service”) and

(c) The picking up and delivery of (for Medical Consultation Service) any prescribed medications and/or Medical Certificates (for and on behalf of you, the User) or (for COVID-19 Testing Service) the test kit, and the actual delivery / specimen collection service (collectively, “Delivery Service”)

(the aforesaid services collectively as “Third Party Services”) are provided by third party providers (collectively, “Third Party Providers”), which may include healthcare providers (including the participating medical partners), delivery companies, insurance companies and/or other organisations.

4.3
You may request for an appointment to see a medical practitioner (including a general or specialist practitioner), a Chinese medicine practitioner or other healthcare professional via the DrGo App through video consultation on your mobile device. DrGo cannot be used to make an appointment to see a medical practitioner, Chinese medicine practitioner or other healthcare professional in-person. The medical practitioner / Chinese medicine practitioner / healthcare professional may request a User to show the medical practitioner / Chinese medicine practitioner / healthcare professional via the video consultation the identification document (e.g. his Hong Kong Identity Card) used to book for the video consultation on DrGo in order for the medical practitioner / Chinese medicine practitioner / healthcare professional to verify the identity of the User. If the User fails to do so, the medical practitioner / Chinese medicine practitioner / healthcare professional may in his discretion reject the User for the video consultation.
4.4
If a medical practitioner or a Chinese medicine practitioner renders it necessary and appropriate based on his professional judgement after a consultation, he may issue medical certificates (e.g. sick leave certificate), prescription note (處方棧) and/or referral letters (collectively, "Medical Certificate") and/or prescribe medication or treatment to you. Any such medication and Medical Certificate, together with a DrGo receipt, will be delivered to your designated address.
4.5
Delivery Service for Medical Consultation Service and COVID-19 Testing Service will cover addresses in Hong Kong Island, Kowloon and the New Territories, except outlying islands, frontier closed areas, country parks and any of the following areas and locations

(a) Outlying islands (e.g. Lantau Island, Lamma Island, Cheung Chau, Ma Wan and Park Island), with the exception of Tung Chung;

(b) Frontier closed areas, where permit from the relevant Government department may be required for entry (e.g. Sha Tau Kok, Ta Kwu Ling and Lok Ma Chau); and

(c) Country parks, Sai Kung, Stanley, Lau Fau Shan and non-urban areas of Shek O.
4.6
Notwithstanding any provisions of the DrGo T&C,

(a) We will not arrange for delivery of any medication which is regarded as dangerous drug under the Dangerous Drugs Ordinance (Chapter 134 of the Laws of Hong Kong); and

(b) We may not arrange for delivery of any medication prescribed by a medical practitioner from certain medical / business partner(s) which total medicine fee payable therefor exceeds a certain amount (usually HK$10,000) (particulars of which will be set out on the DrGo App at the time when a User makes an appointment on DrGo with such a medical practitioner),
4.7
First-time Delivery Service for each Medical Consultation Service (for delivery of any prescribed medication and Medical Certificate) / COVID-19 Testing Service (for delivery of a test kit and collection of the saliva specimen) is generally free (with limitation on where the Delivery Service is available – see Clauses 4.5 and 4.6). However, if a delivery agent arrives at your designated address at the agreed delivery / collection time but somehow is unable to make the delivery / collection for any reason whatsoever (other than due to the fault of the delivery agent) (e.g. (i) if no one is at the delivery address when the delivery agent arrives at the scheduled delivery / collection time; (ii) when no adult is at the delivery address to receive the delivery, if the User is a minor; or (iii) if the user has lost the specimen bottle and re-deliver of the new specimen bottle has to be arranged) and another delivery / collection time has to be arranged, DrGo’s customer service (“Customer Service”, whose staff will act as the prime contact point with Users via “Messages” on the DrGo App, on matters that do not involve the practice of medicine) will contact you and you will be liable to pay a surcharge for the delivery / collection as may be required to DrGo or directly to our delivery partner (a Third Party Provider).
4.8
Operating hours of DrGo and the services thereunder (including, without limitation, Delivery Service) will be suspended under adverse weather conditions or other special circumstances, including, without limitation, typhoon signal No. 8 or above, black rainstorm warning, serious flooding or road blockage or closure due to bad weather.
5. Booking for a consultation
5.1
When you make a booking request for a consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional, you are required to upload a clear image of your valid Hong Kong Identity Card, passport or birth certificate onto the DrGo App. If you do not do so, your booking request may be declined.
5.2
When you make a booking request for a consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional, you may be able to select for a general or specialist medical practitioner / a Chinese medicine practitioner or / healthcare professional (their consultation fee may be different). You may also be given a selection of more than one medical practitioner / Chinese medicine practitioner / healthcare professional (who may be from the same or different hospital(s), clinic(s) and/or healthcare provider) to choose from. When you make your selection of which medical practitioner / Chinese medicine practitioner / healthcare professional to book on DrGo, you understand and accept each of the followings:

(a) The consultation fees for each medical practitioner / Chinese medicine practitioner / healthcare professional may be different;

(b) The consultation fees for a medical practitioner may include up to certain number of days of basic medication, if the medical practitioner renders it necessary and appropriate based solely on his professional judgment, and you will be liable to pay medication fees for any extra or designated medication;

(c) The consultation fees for a Chinese medicine practitioner may include up to certain number of days of basic Chinese medication, if the Chinese medicine practitioner renders it necessary and appropriate based solely on his professional judgment, and you will be liable to pay medication fees for any extra or designated medication;

(d) We do not in any way recommend or endorse any hospitals, clinics, healthcare providers, medical practitioners, Chinese medicine practitioners or other healthcare professionals, and any medical practitioner(s) / Chinese medicine practitioner(s) / healthcare professional(s) made available for your booking selection should not in any way be construed as recommendation or endorsement by DrGo of such medical practitioner(s) / Chinese medicine practitioner(s) / healthcare professional(s);

(e) Any information concerning any hospitals, clinics, healthcare providers, medical practitioners / Chinese medicine practitioners and/or healthcare professionals on the DrGo website and the DrGo App are directly provided by the relevant hospital, clinics, healthcare provider, medical practitioner Chinese medicine practitioner and/or healthcare professional, and we are not in any way responsible for the provision, accuracy or completeness of such information; and

(f) You are solely responsible for selecting which medical practitioner / Chinese medicine practitioner / healthcare professional you wish to book, including suitability in relation to any symptoms you may be experiencing.
5.3
To make a booking request to attend a video consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional on DrGo, you may need to pay a booking fee, which the booking fee (if applicable) will be fully deducted from the final amount payable for your use of DrGo service upon completion of a consultation.
5.4
If you do not show up at or are late to the scheduled start time of a consultation or if you do not pay all the Charges payable within one (1) hour of completion of your consultation on DrGo, the booking fee (if applicable) will be forfeited, and no medication or Medical Certificate will be prescribed, issued or delivered to you. If you request for another booking on DrGo, you will be required to pay a fresh booking fee (if applicable).
5.5
If you want to reschedule a confirmed appointment, you will have to cancel your scheduled appointment and request for a new booking on DrGo. You may not be able to book for the same medical practitioner / Chinese medicine practitioner / healthcare professional with the new booking request. If you cancel your confirmed scheduled appointment less than two (2) hours before the scheduled appointment time, your booking fee (if applicable) will be forfeited; and if you make a new booking on DrGo, you will have to pay a fresh booking fee (if applicable).
5.6
If, upon commencement of a consultation with you, the medical practitioner / Chinese medicine practitioner / healthcare professional is of the opinion (based solely on his professional judgment) that you are in fact not suitable for a consultation via the DrGo App for whatever reason and the total time spent by the medical practitioner / Chinese medicine practitioner / healthcare professional on the consultation is not more than two (2) minutes (as counted by the DrGo system), the booking fee (if applicable) you have paid will not be refunded to you. However, if you go to see a medical practitioner / Chinese medicine practitioner / healthcare professional in-person at the medical practitioner’s / Chinese medicine practitioner’s / healthcare professional’s physical hospital / clinic within 12 hours from the end of the cut-short consultation on DrGo (or such other time period as DrGo may advise you), the medical practitioner’s / Chinese medicine practitioner’s / healthcare professional’s physical hospital / clinic shall deduct an amount equal to such booking fee (if applicable) from the consultation and/or other fees payable by you in respect of such consultation at the physical hospital / clinic.This Clause 5.6 is NOT applicable if the healthcare professional is a psychologist or psychiatrist from Quality HealthCare Medical Services Limited.
5.7
If, upon commencement of a consultation with you, the medical practitioner / Chinese medicine practitioner / healthcare professional is of the opinion (based solely on his professional judgment) that you are in fact not suitable for a consultation via the DrGo App for whatever reason and the total time spent by the medical practitioner / Chinese medicine practitioner / healthcare professional on the consultation is more than two (2) minutes (as counted by the DrGo system), the medical practitioner / Chinese medicine practitioner / healthcare professional shall be entitled to charge you as if it were a completed consultation. This Clause 5.7 is NOT applicable if the healthcare professional is a psychologist or psychiatrist from Quality HealthCare Medical Services Limited.
5.8
DrGo cannot guarantee the medical practitioner / Chinese medicine practitioner / healthcare professional you have requested will be available for a consultation at your desired time.
6. Medical / Healthcare Consultation and Delivery
6.1
Any video consultation is between you and the relevant medical practitioner / Chinese medicine practitioner / healthcare professional, subject to the medical practitioner / Chinese medicine practitioner / healthcare professional satisfying himself that you are suitable for a tele-consultation interaction, without any involvement of or visibility to eSH. However, if the User is a minor at the time of the consultation, the minor User is required to be physically accompanied by an adult throughout the consultation.
6.2
A medical practitioner / Chinese medicine practitioner / healthcare professional is not allowed to take any screen capture, photograph, sound-recording or video of any part of a consultation or any part of the interface of the DrGo App during a consultation, and you (and anyone, including those who may be accompanying you during your consultation) are also not allowed to do any of the aforesaid, unless (i) upon your reasonable request and the medical practitioner / Chinese medicine practitioner / healthcare professional considers it necessary and appropriate based solely on his professional judgment; or (ii) the medical practitioner / Chinese medicine practitioner / healthcare professional considers it necessary and appropriate based solely on his professional judgment and the medical practitioner / Chinese medicine practitioner / healthcare professional has obtained your prior consent. Any screen capture, photograph, sound-recording and/or video taken as aforesaid shall form part of your medical records and may be maintained by the medical practitioner / Chinese medicine practitioner / healthcare professional and/or his hospital or clinic.
6.3
If the medical practitioner / Chinese medicine practitioner renders it necessary and appropriate based on his professional judgement after a consultation with you, he may prescribe medication and/or issue Medical Certificates to you. We do not in any way guarantee that a medical practitioner / Chinese medicine practitioner will prescribe any medications and/or issue any Medical Certificates to you after a consultation. Any medication prescribed is not returnable, exchangeable or refundable. If the medical practitioner / Chinese medicine practitioner does not prescribe any medication, nor issue any Medical Certificate to you after a consultation, there will not be any refund of the consultation fee payable for the consultation, despite the lack of any prescribed medication and/or delivery of any medication or Medical Certificate.
6.4
If, after a consultation, the medical practitioner has prescribed medication and/or issued any Medical Certificates to you, we will, upon your full payment of all Charges payable, contact you via the DrGo App, push notifications, or by other means as we may deem appropriate to arrange for delivery of the medication and/or Medical Certificate(s), together with the DrGo receipt, all in a DrGo delivery bag (“Delivery Bag”) to your designated address.
6.5
To enable pickup and delivery of any prescribed medication after a consultation, you are required to authorise the designated delivery agent (the name and staff number of whom will be advised to you on DrGo App) of DrGo’s delivery partner to pick up your medication from the relevant hospital or clinic of the medical practitioner / Chinese medicine practitioner you have consulted and deliver the same to you, for and on your behalf. We will contact you for such authorisations and delivery arrangements after the consultation, via the DrGo App, push notifications or by other means as we may deem appropriate. In order for the Delivery Bag to be delivered to your designated address, you are required to give such authorisations to the Customer Service via “Messages” on the DrGo App or via other means as we may dictate after the consultation, as well as to sign a designated physical authorisation form on the Delivery Bag (which signature will also signify your due receipt of the Delivery Bag), and allow the designated delivery agent to take a photograph of your signed authorisation form and send the photograph to DrGo, at the time of the delivery of the Delivery Bag.
6.6
To enable delivery of the Delivery Bag, we will also send you a unique case number via the DrGo App or by other means as we may deem appropriate, which case number must be shown or told to the designated delivery agent when collecting the Delivery Bag at your designated address.
6.7
You should collect the Delivery Bag in person at the designated address. However, if you are not available to collect in person for any reason, please ensure that the person accepting the Delivery Bag is over 18 years of age and duly authorised by you, and is able to show or tell the case number to the designated delivery agent. By being able to show or tell your case number, the designated delivery agent shall deem the person collecting the Delivery Bag is over 18 years of age and duly authorised to collect the same for and on your behalf, without having to verify his identity. Your authorised person will be required to sign the physical authorisation form mentioned in Clause 6.5 (which signature will also signify your authorised person’s due receipt of the Delivery Bag for and on your behalf). Your authorised person must also allow the designated delivery agent to take a photograph of his signed authorisation form and send the photograph to DrGo, at the time of collection of the Delivery Bag.
6.8
Instructions on how to take or administer any prescribed medications will be stated on the packaging of the medications. Such instructions will also be made available under “Records > Appointment History” of a User’s DrGo account on the DrGo App. We will not accept any responsibility or be liable in any way in relation to any use or misuse of any of the prescribed medications or Medical Certificates, or if anyone is permitted to use, take and/or administer the prescribed medications or Medical Certificates, whether with or without your consent or knowledge.
6.9
You understand that after the consultation, the diagnosis of medical practitioner may be available on the DrGo App and/or in the Delivery Bag (see Clause 8.5 below).
7. COVID-19 Testing Service
7.1
COVID-19 Testing on DrGo is only available to asymptomatic Users. There will be a daily quota on the number of COVID-19 Testing available on DrGo.
7.2
COVID-19 Testing on DrGo is not provided by us, eSH. DrGo is a platform which facilitates the provision of COVID-19 Testing, which is conducted by or on the authority of our medical partner(s) (or its / their sub-contractors), being local COVID-19 testing institution(s) recognised by the Hong Kong Government. eSH and DrGo do not assume or share any responsibility or liability whatsoever with regard to any matter (such as the quality or appropriateness) on any part of any COVID-19 Testing (including, without limitation, the test kit, the delivery of the test kit, the collection of the saliva specimen, the dropping-off of the saliva specimen at the medical partner for testing, the conducting of the test and the issuance of the test result).
7.3
If you want to book for a COVID-19 Testing on DrGo, you must first book for an appointment to see a medical practitioner on DrGo. During the consultation, the medical practitioner will solely be responsible, based solely on his professional judgment, for satisfying himself that you are asymptomatic and suitable for carrying out a COVID-19 Testing.
7.4
If after the consultation with a medical practitioner, the medical practitioner is of the view that you are not suitable for the COVID-19 Testing, our Customer Service will contact you to arrange for a refund of the booking fee paid.
7.5
Unless otherwise stated, the fees quoted on DrGo for COVID-19 Testing Service include fees for the COVID-19 test video consultation with a medical practitioner, delivery of a test kit to your designated address, collection of the saliva specimen at the same address, dropping off of the saliva specimen to our medical partner for testing and issuance of a test report.
7.6
Delivery of the test kit and collection of the saliva specimen for the COVID-19 Testing must be at the same address, and are only available at certain locations in Hong Kong (see Clause 4.5).
7.7
If, after a consultation, a medical practitioner has satisfied himself that you are suitable for a COVID-19 Test, the medical practitioner will make arrangement with the Customer Service and DrGo’s designated delivery partner to have a test kit (including a clearly labelled specimen bottle with your particulars and a set of instructions on specimen collection), delivered to your designated address in a Delivery Bag.
7.8
You shall collect your early morning deep throat saliva specimen in the designated collection bottle in accordance with the given instructions. The Customer Service will contact you to make arrangement for the collection of the specimen at the same address as the test kit delivery address by our delivery partner. Collection of your early morning deep throat saliva specimen and the deliver partner’s collection of the specimen should be on the same Working Day.
7.9
After collecting your early morning deep throat saliva specimen in the designated collection bottle, DrGo’s designated delivery partner shall arrange for COVID-19 Testing accordingly.
7.10
If the test result of the COVID-19 Testing is positive, our medical partner will advise the Department of Health, and the Department of Health will arrange for your admission to a public hospital for treatment.
7.11
Under normal circumstances, delivery of the test kit will be on the same day as the consultation for the COVID-19 Testing, the saliva specimen will be collected on the next Working Day (as defined in Clause 16.1) after the consultation, and the test report can usually be viewed in the My Gleneagles SmartHealth mobile app.
8. Records
8.1
During registration with DrGo and your use of the services under DrGo, you are required to submit content (such as your email address, mobile number and identity document) (collectively, “User Content”).
8.2
You may also be able to submit other content (including, without limitation, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical and health records, photographs, family information, diagnoses and notes, details of past consultations) (also as “User Content” and “Medical Content”) onto the DrGo App, for access by medical practitioner(s) / Chinese medicine practitioner(s) and/or healthcare professional(s). For example, when you make a booking request on the DrGo App, you may be able to indicate what symptoms you are experiencing and/or provide other information (which may include being able to upload documents (such as photographs) onto the DrGo App, subject to the number of documents and the file size of each document as we may indicate on the DrGo App) for the medical practitioner’s / Chinese medicine practitioner’s / healthcare professional’s information. Any such communication of Medical Content is between you and the relevant medical practitioner, Chinese medicine practitioner or healthcare professional, and we shall not be held responsible in any way in connection with any matters in relation to those Medical Content.
8.3
You agree that you will be solely responsible for your User Content. Any User Content are uploaded onto the DrGo App are at your own risks. Neither eSH nor DrGo assume or share any medical practitioner’s / Chinese medicine practitioner’s / healthcare professional’s responsibility or liability with regard to any matter in relation to any User Content so uploaded or any correspondence with any medical practitioner / Chinese medicine practitioner / healthcare professional via the DrGo App. By uploading a document via the DrGo app, you expressly agree that the selected medical practitioner / Chinese medicine practitioner / healthcare professional may download, collect, use and retain the document. Under normal circumstances, all uploaded documents will be removed from the DrGo platform permanently around 30 days after the date of the consultation.
8.4
Specifically, you agree, represent and warrant that you have the right to submit the User Content and that when submitting User Content (or communicating in any other way using the DrGo App), you must not submit, communicate or otherwise do anything that is sexually explicit, obscene, deliberately offensive, hateful or otherwise inflammatory, promotes violence, promotes or assists in any form of unlawful activity, discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, political beliefs or membership of “trade” organisations; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy, misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
8.5
You must not infringe, or assist in the infringement of, the intellectual property rights (including, without limitation, copyright, patents, trademarks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, without limitation, contractual duties and duties of confidence.
8.6
The “Records” function on the DrGo App is created to store and provide access for you to your information relating to your use of DrGo, which may include diagnosis of medical practitioner(s), Chinese medicine practitioner(s) or healthcare professional(s), instructions on how to take or administer any prescribed medications and your payment record. Any such records are for your reference only.
8.7
Subject to Clause 8.1 and Clause 8.6, we do not keep any of your Medical Content or medical records. After a consultation, your medical records should be kept at the medical practitioner’s, Chinese medicine practitioner’s or healthcare professional’s clinical management system. However, we do not in any way guarantee that your medical records will be kept or maintained as aforesaid and shall not be liable in relation thereto in any way.
8.8
It is solely the medical practitioner’s, / Chinese medicine practitioner’s or healthcare professional’s responsibility to oblige by applicable laws and regulatory requirements when writing up your diagnosis. We shall not be held responsible in any way if any information provided in the diagnosis is misleading, outdated or inaccurate.
9. Payment
9.1
You undertake to promptly (in any case, within one (1) hour of completion of your consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional on DrGo) pay all charges and fees (collectively, "Charges") for the use of services under DrGo, which may include, without limitation, booking fees, consultation fees, medication fees and delivery fees.
9.2
You acknowledge and agree that some of the Charges will be collected by us for and on behalf of our Third Party Providers and such collection will not in any way compromise the position of DrGo as being merely a platform which facilitates the provision of Medical Consultation and COVID-19 Testing Services to eligible Users
9.3
We can bill you through a billing agent or any PCCW group companies.
9.4
If you do not pay any Charges when due, you shall, without prejudicing any other rights we may have, pay us interest for the overdue amount at an interest rate equal to 2% per annum above the then Hong Kong dollar best lending rate of The Hongkong and Shanghai Banking Corporation Limited until full payment (before as well as after judgment).
9.5
If you do not pay any Charges when due, we may ask a debt-collection agency(ies) to collect the payment on our behalf, and you will be liable to us any costs and expenses which we may have reasonably incurred for engaging such agency(ies) for the payment collection.
9.6
Except in the event of manifest error on our part or as otherwise expressly provided in the DrGo T&C, all payments made to us shall not be refunded to you in any event.
10. Our Rights
10.1
Without prejudice to any other rights and remedies available to us under the DrGo T&C or otherwise, we are entitled to, at any time, with or without prior notice:

(a) change any terms and conditions of the DrGo T&C,

(b) change the scope, suspend or restrict all or any part of DrGo;

(c) cancel or terminate all or any part of DrGo;

(d) cancel any User’s registration with DrGo; and/or

(e) limit, suspend, deny or cancel any User’s access to any part of DrGo.
10.2
In particular, without prejudice to any other rights and remedies available to us under the DrGo T&C or otherwise, we are entitled to immediately cancel any User’s registration with DrGo, suspend or terminate any User’s DrGo account, withdraw any premium or privilege which a User is supposed to be entitled to (in whole or in part) and/or take any other actions which we consider to be appropriate, without prior notice if:

(a) you are in breach of any provisions of the DrGo T&C;

(b) we suspect any fraud, dishonest use, misuse or unauthorised activity of or under DrGo by you or by any person under your DrGo account (including, without limitation, during the registration process), regardless of whether you consented to or had knowledge of such fraud, dishonest use, misuse or unauthorised activity;

(c) you are named as a defendant or threatened with suit in any action or proceeding in which it is alleged that we have or any of our business partners has been used to carry defamatory material;

(d) you use DrGo or a third party uses DrGo:

(i) for any improper purpose or for the purpose of sending any unsolicited advertising material or any material of an obscene or indecent nature;

(ii) in any manner which is unauthorised, fraudulent, dishonest, unlawful or illegal, whether under any Applicable Law (as defined in Clause 11.1(f)) or otherwise;

(iii) in a manner which constitutes an infringement by you of the rights of any person (including but not limited to intellectual property rights and rights of confidentiality) or a violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party;
(e) a registered User dies; and/or

(f) we (or any of our business partners) are / is prohibited from supplying DrGo or any services thereunder under any Applicable Law.
10.3
If your registration with DrGo is cancelled or your DrGo account terminated, you may no longer have access to the services thereunder. Any booked appointments will be cancelled, and any booking fees paid will not be refunded.
10.4
You acknowledge and agree that Clauses 10 (Our Rights), 12 (Third Party Providers), 14 (Indemnities), 15 (Limitation of Liability) and 16 (General Provisions) shall survive cancellation of your registration with DrGo or termination of DrGo or any services thereunder.
11. Your Use of DrGo
11.1
You:

(a) are only authorised to use DrGo for your own personal and non-commercial use in accordance with the DrGo T&C;

(b) commit you are the person registering and are not presenting yourself as someone else or acting as an agent for someone else;

(c) will only register once with DrGo unless you are registering for a dependent or a person in your care;

(d) will not permit any third party to have access to DrGo or to use any services thereunder without our prior written consent;

(e) must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify any part of the DrGo App, the Server (as defined in Clause 11.2) or any services under DrGo, and/or prepare derivative works based on the DrGo App or the Server;

(f) will abide by all applicable laws, rules, and regulations in relation to DrGo (collectively, “Applicable Law”), and all DrGo T&C;

(g) agree to protect the privacy and security of all Users, medical practitioners, Chinese medicine practitioners, healthcare professionals, medical / other partners, these partners’ contractors, delivery agents and our employees and agents;

(h) will provide true, accurate, current and complete information about yourself as required to register with DrGo and payment of the Charges, to make an appointment to attend a video consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional and to use DrGo ("User Data");

(i) will maintain and promptly update the User Data you have submitted to DrGo and keep it true, accurate, current and complete;

(j) will not provide any information that is untrue, inaccurate, not current or incomplete. If there are reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or restrict the User’s access to DrGo and refuse any and all current or future use of DrGo;

(k) will promptly report any violation of any DrGo T&C or Applicable Law to us; and

(l) will safeguard your login details and password and ensure that they are not disclosed or provided to any other party or person.
11.2
You must not in any way intercept, interfere or tamper with any part of DrGo (including but not limited to DrGo App or DrGo website and any servers, network, software, hardware or equipment connected to or via DrGo (collectively, “Server”)) and must not use DrGo or allow DrGo to be used, directly or indirectly:

(a) for business or commercial purpose;

(b) to make or commit any action which may be unsolicited, offensive, defamatory, indecent, obscene, menacing, nuisance, immoral, tortious, unlawful, illegal, dishonest, a hoax act, or infringe any third party or intellectual property rights;

(c) to send unsolicited, offensive, defamatory, indecent, obscene, menacing, nuisance or hoax messages or content;

(d) to cause annoyance, inconvenience or needless anxiety to any party or person;

(e) to do any other actions which in our sole discretion determine as inappropriate;

(f) to collect information of Users of DrGo;

(g) to remove any copyright, trademark, or other proprietary rights notices contained in DrGo;

(h) to access or attempt to access DrGo in any way or method other than the instructions or interface provided by eSH / DrGo;

(i) to restrict or inhibit any other persons from using DrGo, including, without limitation, by means of hacking, breaking into, or attempting to hack or break into, or cause any harm to DrGo;

(j) to modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the DrGo App and the Server;

(k) to use any robot, spider, site search / retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce, disrupt or circumvent the navigational structure or presentation of DrGo;

(l) to download, copy, store, rip, distribute, share or re-direct any part of the DrGo in any way or through any media;

(m) to incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component onto DrGo; and

(n) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through DrGo.
11.3
If you wish to cancel your registration with DrGo or terminate your DrGo account, please fill in and return to us a designated termination form. You may obtain a termination form by emailing Customer Service at drgo@hkt.com or by calling DrGo Hotline at 2380 2323. Upon receiving a duly completed termination form, your DrGo account will usually be terminated within seven (7) Working Days.
12. Third Party Providers
12.1
You acknowledge that part of the services of DrGo (including the Medical Consultation Service , COVID-19 Testing Service and the Delivery Service) are contributed, provided and/or maintained by Third Party Providers.
12.2
To the fullest extent as permitted by law, you acknowledge and agree that eSH, as the platform operator of DrGo:

(a) makes no statement, representation or warranty, express or implied, in relation to any services provided or rendered by Third Party Providers;

(b) does not agree, does not disagree, does not approve and does not endorse any advices, materials or services provided by any Third Party Providers;

(c) shall not be responsible in any way for any advices, materials and/or services provided by any Third Party Providers;

(d) makes no guarantee whatsoever as to the performance of the services for which each Third Party Provider is responsible;

(e) shall not have or accept any liability, obligation or responsibility whatsoever for any direct or indirect loss, costs or damage (including, without limitation, consequential loss, loss of profits or damage) howsoever arising from or in respect of any use, inability to use or misuse of or reliance on advices, materials or services provided by any Third Party Providers, or any loss, costs or damage a User or any party or person may suffer or incur as a result or in connection with any advices, materials or services provided by any Third Party Providers; and

(f) shall not have or accept any liability, obligation or responsibility whatsoever for any loss, damage, destruction of property, personal injury or death of the User arising out of or relating to Medical Consultation Service or COVID-19 Testing Service provided by a Third Party Provider to the User.
13. Personal Data
13.1
In registering with DrGo and accessing the services thereunder, you may be requested to provide us with certain Personal Data (as defined in the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)). You have certain rights in the Personal Data you provide. DrGo will use its best commercial efforts and care to safeguard your Personal Data. To register with DrGo and to access the services thereunder, you are required to agree to the “Personal Information Collection Statement” set out on the DrGo App, and the “DrGo Privacy Statement” (available on the DrGo App and the DrGo website).
14. Indemnities
14.1
You agree to indemnify eSH, its service providers, contractors, sub-contractors, licensors and agents (including but not limited to the Third Party Providers) and their respective officers, directors and employees (collectively, the "Indemnified Parties") against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by any of the Indemnified Parties arising from or which is related to:

(a) your registration with DrGo and/or your use of any services thereunder; and

(b) any breach or non-observance of any DrGo T&C by you, and/or other party(ies) or person(s) using the services under your DrGo account, whether with or without your authority or knowledge.
15. Limitation of Liability
15.1
Without limiting other provisions hereof, everything on DrGo and the services provided thereunder are provided to you 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 DrGo and the services thereunder are excluded to the fullest extent permissible under any Applicable Law.
15.2
To the fullest extent permitted by law, neither eSH nor DrGo will accept any liability whatsoever for any direct, indirect, consequential, collateral, special, punitive or incidental loss, destruction or damage (including but not limited to corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss) resulting from your access to, reliance on, or use of, or inability to use any part of DrGo (including any Third Party Services), whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not eSH or DrGo knows of or reasonably should have known of the possibility of such damage.
15.3
eSH endeavours to provide a convenient and functional DrGo App and DrGo website, but does not in any way guarantee that the DrGo App, the DrGo website or the Server will be error free or continuous or that the DrGo App, the DrGo website or the Server is free of viruses or other harmful components.
15.4
eSH endeavours to provide a convenient and functional DrGo App and DrGo website, but does not in any way guarantee that the DrGo App, the DrGo website or the Server will be error free or continuous or that the DrGo App, the DrGo website or the Server is free of viruses or other harmful components.
15.5
Although eSH will use reasonable endeavours to maintain the DrGo App, it does not undertake to provide support or maintenance services for the DrGo App.
15.6
If your use of the DrGo App results in the need for servicing or replacing any property, material, equipment or data, eSH will not be in any way responsible for any costs or expenses in relation to any loss or damages.
16. General Provisions
16.1
Working Day” means Monday to Sunday, except public holidays in Hong Kong.
16.2
All personal pronouns used in the DrGo T&C, whether used in the masculine, feminine or neuter gender, shall include all other genders, and the singular shall include the plural and vice versa.
16.3
Neither eSH nor DrGo shall be liable or deemed in default for failure to fulfil any obligation under the DrGo T&C 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 labor 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 neither eSH nor DrGo shall be liable for losses, expenses or damages, ordinary, special, remote or consequential, resulting directly or indirectly from such causes.
16.4
Any disputes in connection with DrGo or the services thereunder, eSH’s decision shall be final, binding and conclusive.
16.5
If any part of the DrGo T&C is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
16.6
Save for the affiliates of eSH, no other person or entity who is not a registered User of DrGo has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce any provisions of the DrGo T&C or any rights and/or benefits in connection thereunder.
16.7
In the event of any discrepancy between the English version and any translated version of any DrGo T&C, the English language version shall prevail.
16.8
The DrGo T&C shall be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

Version: June 2022