DrGo Walk-to-Earn Terms and Conditions
1.
DrGo Walk-to-Earn (“Program”) is a wellness program with an aim to encouraging DrGo users to embrace a healthier lifestyle, by walking daily and step-counting with the DrGo App within specific period (“Program Period”).
2.
DrGo Walk-to-Earn is a feature in the DrGo App. DrGo, DrGo App and DrGo Walk-to-Earn are operated by us, eSmartHealth Limited (“eSmartHealth”), a member of the HKT Group.
3.
Registered DrGo users who are aged 18 or above and who are Hong Kong residents (“Users”) may participate in the Program.
4.
DrGo Walk-to-Earn is only available for mobile devices which support iOS Health App or Android’s device step count. Device step count is required to run on Android 5.0 or above for the better users’ experience.
5.
Eligible Users are entitled to receive one set of rewards as designated by us upon achieving a total of 150,000 steps per month during the Program Period. Each eligible User may only enjoy one set of rewards per month under the Program. All step data will be recounted on the first day of every calendar month during the Program Period. E.g. If a User participated in the Program on 12 December 2021, the step data that are recorded between 12 to 31 December 2021 will form the User's step count for the month of December 2021, and on 1 January 2022, the User's step counter will be reset. Reward for each calendar month must be redeemed in the DrGo App by the end of the next calendar month, and collected within the designated period. E.g. A User must redeem his / her rewards for December 2021 in the DrGo App by 31 January 2022.
6.
Users acknowledge that the terms of agreement with their relevant wireless carrier / mobile network provider will continue to apply when using the DrGo App. As a result, Users may be charged by their wireless carrier / mobile network operator for access to network connection services for the duration of the connection while accessing the DrGo App or any such third party charges as may arise. Users accept responsibility for any such charges that arise.
7.
Users must open the DrGo App in order to synchronize the step count data of the previous day(s) onto the DrGo Appfor the purpose of the Program. Only synchronization of step count data of up to 2 calendar months is allowed (i.e. step count data “older” than 2 calendar months will be disregarded for the purpose of the Program).
8.
Upon successful redemption of a reward, the reward will be shown and available in the User’s DrGo account under “Profile > My Wallet” in the DrGo App.
9.
Any manual input step count data in iOS’s Health App or Android’s device step count on a User’s mobile device will not be accepted and will be disregarded for the purpose of the Program.
10.
Rewards in the Program will be given out randomly and at our sole discretion. All designated rewards are available while stocks last. Unless otherwise specified, we are not the supplier of the rewards and will accept no liability in relation thereto whatsoever.
11.
We shall have the right to terminate, suspend and/or deactivate any User’s eligibility of joining the Program at any time (including but not limited to a User’s access to and/or right to be granted or to utilize a reward under the Program) at our sole discretion, which may include, without limitation, as a result of the followings:

(a)
if we detect or suspect that there is any threatened or actual breach by a User of the terms and conditions of the Program;
(b)
if we believe that a User is abusing or misusing the Program or any privileges of the Program;
(c)
if we believe that a User is doing anything detrimental to our or the HKT Group’s and/or its affiliates’ interest;
(d)
if we detect or suspect any unusual, irregular, suspicious, fraudulent or unauthorized use or activity or any conduct or misconduct; or
(e)
if a User does not qualify or is no longer qualified (or we suspect that a User does not qualify or is no longer qualified) to be a DrGo user or eligible for / under the Program.
12.
We shall have the right to amend, suspend and/or terminate the Program and stop distributing any reward under the Program with or without prior notice.
13.
Without prejudice to any other rights and remedies available to us or otherwise, we are entitled to immediately cancel any User’s registration with DrGo, suspend or terminate any User’s DrGo account, and other privileges which any User is supposed to be entitled to (in whole or in part), withdraw any User’s eligibility under the Program and/or take any other actions which we consider to be appropriate, with or without prior notice, if we consider that a User is or might have been in breach of any applicable terms and conditions or if any acts or omissions by a user is or may be fraudulent or dishonest or constitute an abuse of the Program.
Disclosure of information
14.
A User agrees that any information provided by a User for use in the DrGo App is on a voluntary basis for a User’s eligibility and participation in the Program.
15.
Users must grant the right under the DrGo App to enable us to access the step count data. Users must agree to be bound by the relevant terms and conditions in relation to their access and use of iOS’s Health App or Android’s device step count.
16.
The DrGo App will only synchronize data with a single Apple ID or Google account. In case of changing to a new mobile device during the Program Period, we are not in any way responsible for any disconnection between the step counting device, its relevant step counting app and DrGo App, nor shall we be liable to any loss or damage in relation thereto (including, without limitation, any loss of data).
17.
It is a User’s responsibility to provide true, accurate and current data. We are not in any way responsible for any missing or loss data which may be incurred by or as a result of a User’s use of a mobile device, the mobile device itself or by any other reasons.
Personal Data
18.
This Clause and the “DrGo Privacy Statement” (available on DrGo website: www.drgo.com.hk and the DrGo App) provide information on our obligations and policies in relation to the privacy issues associated with the collection, retention, processing or handling of personal data (as defined in the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong (“Ordinance”)) by us for the purpose of the Program. The “DrGo Privacy Statement” specifically addresses the obligations in respect of the data privacy laws of Hong Kong.
19.
Where our DrGo operations are subject to privacy legislation other than that of Hong Kong, then this Clause shall be applied so far as practicable and consistent with such local legislation.
20.
A User has a right to withdraw the User’s consent to the use of the User’s data for direct marketing purpose (if given) at any time. A User is also entitled to access, correct or enquire about the User’s personal data being held by us. For any such request or for further details on the compliance with the Ordinance and any other privacy legislations, please contact eSmartHealth’s Privacy Compliance Officer by letter to GPO Box 9896, Hong Kong or by email to privacy@pccw.com.
Limitation of responsibility and liability
21.
We shall not be liable to any person for any action, liability, cost, claim, loss, damage, proceeding, and/or expense (collectively, “Losses”) howsoever caused (regardless of the form of action) arising directly or indirectly from:

(a)
any access, use and/or inability to access, use the DrGo App, the Program and any materials;
(b)
any person’s reliance on any data or information made available through the DrGo App and/or the Program, which should first be independently verified;
(c)
any system, pedometer, server or connection failure, error, omission, interruption, delay in transmission, computer virus or bugs, other malicious, destructive or corrupting code, agent, program or macros or other damaging or harmful components;
(d)
any event(s) beyond our reasonable control;
(e)
any loss or corruption of any data, database or software;
(f)
any use of or access to any other website or webpage linked to the DrGo App, even if we or our Groups’ officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same;
(g)
any loss or misdirection of, or delay in receiving, any membership application, correspondence, redemption requests, or general administration of handling rewards;
(h)
theft or unauthorized redemption of rewards;
(i)
any acts or omissions of third parties; or
(j)
any errors published in relation to the description of the rewards information.
22.
Users agree and acknowledge that the DrGo App, the Program and any materials are provided on an “as is” and “as available” basis. All data and/or information contained in the DrGo App, the Program and any materials are provided for informational purposes only. We do not in any way give any representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, in relation to the DrGo App, the Program and any materials. In particular, we do not warrant:
(a)
the accuracy, timeliness, adequacy, value or completeness and continuous availability of all data and/or information contained in the DrGo App, the Program and any materials;
(b)
that the DrGo App, the Program and any materials will be provided timely, uninterrupted, secure or free from errors or omissions, or that any defect will be corrected;
(c)
that the DrGo App, the Program and any materials are free from any computer virus or bugs, other malicious, destructive or corrupting code, agent, program or macros or other damaging or harmful components; and
(d)
the security of any information transmitted by or to any User through the DrGo App and the Program, and Users accept the risk that any information transmitted or received through the DrGo App and/or the Program may be accessed by unauthorized third parties and/or disclosed by us or our Groups’ officers, employees or agents to third parties purporting to be a User or purporting to act under a User’s authority. Transmissions over the Internet and electronic mail may be subject to interruption, blackout, or delay caused by internet traffic or incorrect data transmission due to the public nature of the Internet.
23.
Users are responsible for configuring their information technology, computer programs and platform in order to access the DrGo App, the Program and any materials and use their own virus protection software.
24.
Users agree that any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the DrGo App and/or the Program is entirely at the Users’ own risk and we shall not be liable therefor.
25.
The DrGo App and the Program shall not to be interpreted as medical diagnosis or substitute for medical advice or a recommendation for a specific treatment plan, course of action, or product. Exercise is not without its risks, and may result in injury. These risks include but are not limited to: aggravation of a pre-existing condition, injury, or adverse effect of over-exertion such as abnormal blood pressure, fainting, muscle strain, disorders of heartbeat, and heart attack. To reduce the risk of injury, Users please consult their doctor for advice and safety precautions before using the DrGo App and the participation in the Program. Any information presented in the DrGo App is in no way intended as a substitute for medical consultation. eSmartHealth and other members of the Groups disclaim any liability from and in connection with the DrGo App and the Program. Any exercises (including but not limited to walking) should be within a User’s personal physical limitations, if at any time during a User’s exercise a User begins to feel unwell, pain, dizzy, faint, or discomfort, the User should stop and consult the User’s doctor immediately. Users assume all risk of injury in the use of the DrGo App and the participation in the Program.
General Provisions
26.
The interpretations of these Terms and Conditions and all other terms and conditions applicable to the Program are at our sole discretion, which decisions shall be final, binding and conclusive.
27.
In the event of any dispute in connection with these Terms and Conditions or other terms and conditions applicable to the Program, our decisions shall be final, binding and conclusive.
28.
In the event of any discrepancy between the English version and any translated version of these Terms and Conditions, the English language version shall prevail.