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.
2.
Offer of welcome gift(s) is a time limited offer, applicable to new 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).
3.
Registration with DrGo must be in accordance with all relevant terms and conditions of DrGo, including, without limitation, the “DrGo Terms and Conditions” (available at DrGo website: www.drgo.com.hk). Upon successful registration as aforesaid, a user may receive designated welcome gift(s). 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.
Users may register with DrGo using their existing The Club account. Such registration may entitle registered users with welcome gift(s) with a higher total value than registration without using The Club account. The type(s) of welcome gift(s) such a user may be entitled to will depend on the user’s existing The Club membership status (i.e. depending on whether the user is a Platinum, Gold, Silver or Blue member of The Club), and will be set out in the DrGo app at the time of the user’s DrGo registration.
5.
If we decide that a registered user is entitled to welcome gift(s), we will send a welcome gift email to the DrGo user’s registered email address after his / her successful registration with DrGo, containing the relevant e-voucher(s) / promotional code(s) for the welcome gift(s) and/or gift-redemption particulars. 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.
6.
Users are required to use / redeem any vouchers, e-vouchers, promotional codes and/or welcome gifts within the specified validity / redemption period. Any vouchers, e-vouchers, promotional codes and/or welcome gifts not used / redeemed within the specified validity / redemption period will be forfeited and users will not be compensated in any way.
7.
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 promo 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. The promo code 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. Unless otherwise specified, DrGo E-Voucher cannot be used in conjunction with any other offer. DrGo E-Vouchers are offered and provided by us, eSmartHealth Limited, not by and are not unrelated to any of our business partners on DrGo.
8.
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.
9.
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. If necessary, please contact the relevant merchant directly.
10.
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 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 a person is in breach of any relevant terms and conditions of DrGo.
11.
DrGo has all final decisions in all matters in connection with the giving out and the use of any welcome gifts.
12.
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.
13.
Any visuals are for reference only.
14.
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 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 at 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. Neither eSH nor DrGo is licensed or registered to provide medical advice or medical services. The relationship between eSH / DrGo and you does not constitute a doctor–patient relationship, and a doctor-patient relationship will exist only and exclusively between a medical practitioner available on DrGo and a patient (to the extent such relationship is established by the medical practitioner). eSH and DrGo do not assume the role of a professional medical body, do not practice medicine and do not provide any medical opinions, advice, or consultations or prescribe medication or other medical or clinical services, and any of the foregoing in rendering the services via DrGo by medical practitioners are undertaken solely and exclusively by the medical practitioners and our medical partners' contractors (e.g. nurses and pharmacists). eSH and DrGo also do not assume or share the medical practitioners’ responsibility or liability with regard to the quality or appropriateness of the medical services provided by them, including the manner of providing the medical 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.
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 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 are provided by and on behalf of the particular medical practitioner, based solely on the medical practitioner's exercise of his professional judgment.
1.3
DrGo is provided in order to facilitate the connection of patients with medical practitioners. eSH and DrGo (i) do not recommend or endorse any particular medical practitioners; 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 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:

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

you should call for an ambulance or go to the Accident & Emergency Department at your nearest hospital.
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
If you are pregnant, you may register and remain registered as a user under DrGo (“User”), but you may not make a booking request for a consultation on DrGo.However, this restriction is not applicable if you are making a booking request for a consultation for a COVID-19 Testing (as defined in Clause 4.2(b)).
2.2
At the time of the video consultation with a medical practitioner, you must physically be in Hong Kong.
2.3
At the time of making a booking request for a consultation, you must be at least 14 years of age. If you are under 14 years of age, you are not eligible for consultation on DrGo. However, this restriction is not applicable if you are making a booking request for a consultation for a COVID-19 Testing.
2.4
If you are 14 or above but 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.
2.5
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 DrGo 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 valid email address and each valid Hong Kong mobile number may only be used to register for one DrGo account.
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 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 you are a minor under 18 years of age, any registration of DrGo must be with the permission of your parent / legal guardian, who will also be your emergency contact and be the one to be agreeing to the DrGo T&C on your behalf.
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. DrGo is 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 and/or Medical Certificates so prescribed / issued by a medical practitioner, if the medical practitioner 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 Hong Kong-registered medical practitioner via the DrGo App through video consultation on your mobile device. DrGo cannot be used to make an appointment to see a medical practitioner in-person. The medical practitioner may request a User to show the medical practitioner 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 to verify the identity of the User. If the User fails to do so, the medical practitioner may in his discretion reject the User for the video consultation.
4.4
If a medical practitioner renders it necessary and appropriate based on his professional judgement after a consultation, he may issue medical certificates (e.g. sick leave certificate) and/or referral letters (collectively, "Medical Certificate") and/or prescribe medication 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 will cover addresses in Hong Kong Island, Kowloon and the New Territories, except 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; and

(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, Lau Fau Shan and non-urban areas of Shek O.
4.6
Delivery Service for 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 below:

Uncovered Locations on Hong Kong Island
A Kung Ngam Repulse Bay Tai Tam
Chung Hom Kok Shek O The Peak
Deep Water Bay Stanley Tin Wan

Uncovered Locations in Kowloon / New Territories
Au Tau Lau Fau Shan Ping Shan Tai Wo 
Castle Peak Lau Shui Heung Po Lam Tai Wo Hau
Castle Peak Bay Lei Muk Shue Sai Kung Ta Kwu Ling
Chau Tau Lin Ma Hang Sam Tung Uk Tam Mei
Clear Water Bay Long Ping San Hui Tate's Cairn
Fanling Lo Wai Sha Lo Tung Ting Kau
Fung Shue Wo Lo Wu Sham Tseng Ting Kok
Fung Yuen Lung Kwu Tan Shap Pat Heung Tin Shui Wai
Fu Tei Lung Yeuk Tau Shap Sze Heung Tiu Keng Leng
Grass Island Mai Po Sha Tau Kok Tseung Kwan O
Ha Ko Tan Ma Liu Shui Shek Kong Tsing LungT au
Ham Tin Ma Mei Ha Sheung Ko Tan Tsing Yi
Hang Hau MangKungUk Sheung Shui Tuen Mun
Hang Tau Tai Po Man Kam To Sheung Shui Wai Tuen Mun San Hui
Ha Tsuen Ma On Shan Shuen Wan Tung Lung Chau
Ha Wo Che Ma Tso Lung Shui Hang Wang Chau
Hoi Ha Ma Yau Tong Shui Long Wo Wang Leng
Hoi Ha Wan Miu Tsa Siu Hong Wang Toi Shan
Hung Mui Kuk Nam Chung Siu Lam Wo Hop Shek
Hung Shui Kiu Nam Hang Siu Lek Yuen Wu Kai Sha
Kam Tin Nam Sang Wai So Kwun Wat Wu Kau Tang
Kau Lung Hang Shan Nam Wai Tai Lam Yau Kom Tau
Kau Sai Chau Nam Wan Tai Lam Chung Yim Tin Tsai
Kau To Shan Ngau Tam Mei Tai Long Wan Yuen Chau Kok
Kwan Tei Ng Fai Tin Tai Mong Tsai Yuen Long
Kwu Tung Nim Wan Tai Po Yuen Long Kau Hui
Lam Tei Pak Shek Kok Tai Po Kau Yuen Long Pat Heung
Lam Tsuen Pak Tam Chung Tai Po Lam Tsuen Yuen Long San Tin
Lam Tsuen Valley Ping Che Tai Tong  
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” in 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 suspended under bad weather conditions, 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, you are required to upload a clear image of your valid Hong Kong Identity Card, passport or birth certificate onto 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, you may be able to select for a general or specialist medical practitioner (their consultation fee may be different). You may also be given a selection of more than one medical practitioner (who may be from the same or different hospital(s) and/or medical clinic(s)) to choose from. When you make your selection of which medical practitioner to book on DrGo, you understand and accept each of the followings:

(a) The consultation fees for each medical practitioner may be different;

(b) The consultation fees will include up to three (3) days 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) DrGo does not in any way recommend or endorse any hospitals, medical clinics or medical practitioners, and any medical practitioner(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);

(d) Any information concerning any hospital, medical clinics and/or medical practitioners on the DrGo website and App are directly provided by the relevant hospital, medical clinics and/or medical practitioners, and DrGo is not in any way responsible for the provision, accuracy or completeness of such information; and

(e) You are solely responsible for selecting which medical practitioner 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 on DrGo, you are required to pay a booking fee, which booking fee 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, the booking fee will be forfeited. If you request for another booking on DrGo, you will be required to pay a fresh booking fee.
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 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 will be forfeited; and if you make a new booking on DrGo, you will have to pay a fresh booking fee.
5.6
If, upon commencement of a consultation with you, the medical practitioner 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 on the consultation is not more than two (2) minutes (as counted by the DrGo system), the booking fee you have paid will not be refunded to you. However, if you go to see a medical practitioner in-person at the medical practitioner’s physical hospital / medical 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 physical hospital / medical clinic shall deduct an amount equal to such booking fee from the consultation and/or other fees payable by you in respect of such consultation at the physical hospital / clinic.
5.7
If, upon commencement of a consultation with you, the medical practitioner 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 on the consultation is more than two (2) minutes (as counted by the DrGo system), the medical practitioner shall be entitled to charge you as if it were a completed consultation.
5.8
DrGo cannot guarantee the medical practitioner you have requested will be available for a consultation at your desired time.
6. Medical Consultation and Delivery
6.1
Any medical consultation is between you and the relevant medical practitioner, subject to the medical practitioner satisfying himself that you are suitable for a telemedicine interaction, without any involvement of or visibility to eSH. However, if you are 14 or above but under 18 years of age at the time of the consultation, you are required to be physically accompanied by an adult during the consultation.
6.2
A medical practitioner 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 accompanying you during your consultation) are also not allowed to do any of the aforesaid.
6.3
If the medical 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. DrGo does not in any way guarantee that a medical practitioner will prescribe any medications and/or issue any Medical Certificates to you after a consultation.
6.4
If, after a consultation, the medical practitioner has prescribed medication and/or issued any Medical Certificates to you, the Customer Service will contact you 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 by the Customer Service) of DrGo’s delivery partner to pick up your medication from the relevant hospital or clinic of the medical practitioner you have consulted and deliver the same to you, for and on your behalf. The Customer Service will contact you for such authorisations and delivery arrangements after the consultation. 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” in the DrGo App 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, the Customer Service will also send you a unique case number, 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” in the DrGo App. DrGo 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 will be available in the DrGo App (see Clause 8.1 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 (for in-person collection at the medical partner’s designated location).
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 4.6).
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
Test report of the COVID-19 Testing will be available for collection by you in person at our medical partner’s designated address, and the Customer Service will contact you for arrangement for collection of the test report. You may authorise a representative to collect the test report for and on your behalf. For details, please refer to the authorization form contained in the Delivery Bag.
7.11
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.
7.12
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 will be available for in-person collection on the next Working Day after the saliva specimen collection.
8. Records
8.1
The "Records" function in 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), instructions on how to take or administer any prescribed medications and your payment record. Any such records are for your reference only.
8.2
Subject to Clause 8.1, DrGo does not keep any of your medical records. After a consultation, your medical records will be kept at the medical practitioner’s clinical management system.
8.3
It is solely the medical practitioner’s responsibility to oblige by applicable laws and regulatory requirements when writing up your diagnosis. DrGo 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 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, 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(d)) 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) will not permit any third party to have access to DrGo or to use any services thereunder without our prior written consent;

(c) 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;

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

(e) 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 and to use DrGo ("User Data");

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

(g) 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;

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

(i) 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 any servers, network, software, hardware or equipment connected to or via DrGo (collectively, "Server") and the DrGo App) 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, 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 the DrGo App and the Server;

(l) to download, copy, store, rip, distribute, share or re-direct any part of the DrGo App and the Server 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 into the DrGo App and the Server; and

(n) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the DrGo App and the Server.
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 in the DrGo App, and the “DrGo Privacy Statement” (available at DrGo App and 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, but does not in any way guarantee that the DrGo App or the Server will be error free or continuous or that the DrGo App or the Server is free of viruses or other harmful components.
15.4
eSH does not in any way guarantee the quality of the video calls via the DrGo App, as the same will be dependent on various factors, such as the User’s hardware, Internet connection status etc.
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 Saturday, 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: August 2020