DrGo Health Store Terms and Conditions

 

The prevailing version of these “DrGo Health Store Terms and Conditions” (“these Terms and Conditions”) govern your access and use of the Platform and the use of the Services.  Please read them carefully.  By accessing the Platform and/or using the Services, you agree to be bound by the prevailing version of these Terms and Conditions.  Please do not access and/or use the Platform or the Services if you do not agree to comply with these Terms and Conditions.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Users with an Account only.  You may not obtain or attempt to obtain unauthorised access to any part of the Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you are less than 18 years old, please do not access or use the Platform or the Services.  By using the Platform or the Services, you warrant and represent that you are at least 18 years old.

WE REGRET THAT THE SERVICES OFFERED BY THE PLATFORM ARE CURRENTLY UNAVAILABLE TO RESIDENTS IN THE E.U.

 

Terms of Use

 

  1. Definitions and Interpretation

1.1           

“Account”

means a User’s DrGo Health Store account upon the User’s registration with DrGo Health Store.

1.2           

“Affiliates”

means any entity which directly or indirectly controls, or is controlled by, or is under common control with, eSmartHealth, where control means control of at least 50% of the voting power of securities or interests in such entity.

1.3           

“Club HKT”

means Club HKT Limited, operator of The Club and Clubpoints (a subsidiary of HKT Limited and an Affiliate of eSmartHealth).

1.4           

“DrGo Health Store”

means the eCommerce platform which is operated by eSmartHealth.

1.5           

“DrGo”

means the online tele-healthcare platform operated by eSmartHealth, which facilitates the provision of medical and healthcare services to eligible users physically located in Hong Kong by Hong Kong registered medical practitioners and other healthcare professionals.

1.6           

“eSmartHealth”, “we”, “our” and “us”

means eSmartHealth Limited (a company incorporated in Hong Kong and a subsidiary of HKT Limited) and the operator of the Platform.

1.7           

“eSmartHealth Indemnitees”

means eSmartHealth, its officers, employees, agents, contractors, customers and end users and each of its Affiliates and their respective officers, employees, agents and contractors.

1.8           

“Goods”

means any goods and/or service sold by us or Supplier on the Platform.

1.9           

“Intellectual Property”

means any and all of the following items, whether or not registered, applications for the following items (whether or not registrable) and the right to apply for the items (where registrable):

(a)       trademarks and service marks;

(b)       patents, utility innovations;

(c)       design rights, registered designs, and unregistered design;

(d)       copyright;

(e)       domain names, layout design rights, database rights, trade or business names;

(f)       rights in respect of trade secrets, confidential information, goodwill and reputation; and

(g)       all other intellectual property rights and similar rights in any country of the world.

1.10         

“Losses”

means all actions, proceedings, claims, costs (including reasonable legal costs), expenses, losses, damages, penalties, settlement sums, compensation and other liabilities, whether foreseeable or not including indirect, special, consequential, collateral, incidental or punitive damages such as loss of business, revenue, profit, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, claims of third parties and all associated and incidental costs and expenses.

1.11         

“Materials”

means, collectively, all web pages on the Platform, including the information, software, applications, images, links, sounds, graphics, video and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.

1.12         

“Password”

means the valid password that a User who has an account with DrGo and/or DrGo Health Store may use in conjunction with the Username to access the Platform and/or the Services.

1.13         

“Personal Data”

has the meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong) or such other applicable law, regulations or guidelines relating to the handling or processing of personal data (including, for the avoidance of doubt, any laws, regulations, or guidelines which may come into force after the date hereof), and any amendments or revisions thereto.

1.14         

“Platform”

means the platform on which the DrGo Health Store is operated, including both the web and mobile versions at [www.drgohealthstore.com.hk] (and/or such other Internet domain property as designated by eSmartHealth) and the mobile application(s) made available from time to time by eSmartHealth, including the iOS and Android versions.

1.15         

“Prohibited Materials”

means any information, graphics, photographs, data and/or any other material that may:

(a)         contain any computer virus or other invasive or damaging code, file, program or macro;

(b)         infringe any third-party Intellectual Property or any other proprietary rights;

(c)         infringe any right of confidence, privacy right or right under data protection law;

(d)         be scandalous, defamatory, libellous, blasphemous or threatening;

(e)         be in contempt of any court, or in breach of any court order;

(f)          be immoral, obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, harassing or otherwise illegal under the applicable law;

(g)         be in breach of any contractual obligation owed to any person;

(h)         constitute negligent advice or contain any negligent statement;

(i)           constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(j)           be construed as offensive, deceptive, abusive, anti-social, discriminatory, invasive of another’s privacy and/or otherwise objectionable, in our sole opinion;

(k)         constitute spam;

(l)           cause annoyance, inconvenience to any person; and/or

(m)        be inaccurate, incomplete, false, misleading or which may amount to unfair trading practices.

1.16         

“Services”

means services, information and functions made available by us at the Platform, including, without limitation, physical location(s) for goods pick-up and return purposes.

1.17         

“Supplier”

means a third party supplier of Goods from whom a User may purchase through the Platform in accordance with these Terms and Conditions.

1.18         

“The Club”

is a loyalty program operated by Club HKT and is a platform which offer its members various benefits and services, including the redemption of Clubpoints for designated goods and services.

1.19         

“Trademarks”

means the trademarks, service marks, trade names and logos used and displayed on the Platform.

1.20         

“Username”

means the unique login identification name or code which identifies a User who has an account with DrGo and/or DrGo Health Store;

1.21         

“User”

means an authorised user of the Platform and/or the Services who is 18 years old or above.

 

  1. General access and use of the Platform and the Services

2.1        Guidelines to the use of the Platform and the Services

(a)        We grant you a revocable, non-exclusive, non-transferable and limited licence to access the Platform and/or to use the Services strictly in accordance with these Terms and Conditions. You agree to comply with all the operating rules, policies, guidelines, notices, and instructions pertaining to the access to the Platform and/or the use of the Services, and any amendments to them, issued by us, from time to time.  We may revise these operating rules, policies, guidelines, notices, and instructions at any time and you are deemed to be aware of these changes and be bound by them once they are published on the Platform.  You may only use the Platform for your own personal purposes and must not use the Platform for any other purposes.

(b)        You must ensure that all the information you supply to us through the Platform, or in relation to the Platform, is true, accurate, current, complete and non-misleading.

(c)        The Platform uses cookies. By using and/or accessing the Platform or agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of DrGo Privacy Statement (available on DrGo website: https://www.drgo.com.hk).

2.2        Restricted activities

You agree and undertake NOT to:

(a)        impersonate any person or entity or to falsely state or misrepresent your affiliation with any person or entity;

(b)        use the Platform or the Services for any illegal, fraudulent or harmful purpose or activity (including, without limitation, abusive use of discount, promotion or coupon codes);

(c)        carry out any speculative, gambling or similar activities on the Platform;

(d)        attempt to gain unauthorised access to, tamper with or otherwise interfere with, disrupt, damage or impair our or other computer systems or networks connected to the Platform or the Services or the technical delivery systems of our providers, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Platform or the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform or the Services;

(e)        post, promote or transmit through the Platform or the Services any Prohibited Materials;

(f)         interfere with the utilisation and enjoyment of the Platform or the Services of others;

(g)        probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(h)        access or search or attempt to access or search or web scrape the Platform or the Services by any means, whether automated or otherwise, other than through our currently available published interfaces that we provide;

(i)         forge any part of the header information (including any TCP/IP packet header) in any email or posting, or in any way use the Platform or the Services to send altered, deceptive or false source-identifying information;

(j)         use or upload, in any way, any software or material that contains, or which you have reasonable grounds to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of others’ computer or mobile device or the Platform or the Services, or infringe any rights, title, interest or Intellectual Property rights of eSmartHealth or any third party;

(k)        disclose any Personal Data or information of any individual, unless it receives the relevant individual’s prior express consent pursuant to the Personal Data (Privacy) Ordinance;

(l)         use the Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(m)       conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platform without our express written consent;

(n)        access or otherwise interact with the Platform using any robot, spider or other automated means;

(o)        use data collected from the Platform or the Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or to contact individuals, companies or other persons or entities; and

(p)        use the Platform or the Services without conforming to the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3        Availability of the Platform and the Services

We may, without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services from time to time and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal prevents you from accessing the Platform or any Services.

2.4        Right to monitor content

We may, but shall not be obliged to:

(a)        monitor, screen, remove or otherwise control any activity, content or material on the Platform and/or through the Services.  We may, in our sole discretion, investigate any violation of these Terms of Use and may take any action it deems appropriate;

(b)        prevent or restrict access of any User to the Platform and/or the Services at our discretion and you shall not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures imposed;

(c)        report any activity suspected to be in violation of any applicable law, ordinances or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d)        request any information or data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right if you refuse to disclose such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.5        Right to access and disclose information

We reserve our right to access, read, preserve and disclose any information (including your identity) that we reasonably believe is necessary to:

(a)        satisfy any applicable law, regulation, legal process or governmental or regulatory authority’s requests;

(b)        enforce these Terms and Conditions, including investigation of potential violations hereof;

(c)        detect, prevent or otherwise address fraud, security or technical issues;

(d)        respond to user support requests; and/or

(e)        protect the rights, property or safety of the Platform, any User or the public.

2.6        Additional terms

In addition to these Terms and Conditions, you may be subject to additional terms and conditions, which will apply in full force and effect, if you use specific aspects of the Materials and the Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors.

 

  1. Users with accounts

3.1        Username and Password

(a)        You may need to create an Account with us or to provide Personal Data in order to use certain Services on the Platform. If you are already a registered user of DrGo, you may use the same username and password to log into the Platform, but you must be 18 years old or over in order to access or use the Platform or the Services.  You may also log into the Platform with your username and password of your The Club account.  However, you should not misuse the Platform or any Services by creating multiple Accounts.  If you request to create an Account with us, a Username and a Password will be issued to you by us in connection with the use of the Services and/or access to the Platform.

(b)        We may at any time, in our sole discretion, request that you update your Personal Data or invalidate the Username and/or the Password immediately without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with such request or invalidation.

(c)        You hereby agree to change your Password from time to time and to keep the Username and the Password safe and confidential and shall not disclose the Username and the Password to any third party. You shall be responsible for the security of your Account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or the Password.  You shall notify us immediately if you have knowledge that, or have reasonable grounds for suspecting that, the confidentiality or security of the Username and/or the Password has been compromised or if there has been any unauthorised use of the Username and/or the Password or if your Personal Data requires updating.

(d)        You shall not use any other person’s Account to access the Platform or the Services.

(e)        We shall not be liable or responsible for any Losses suffered by or arising out of or by reason of your failure to comply with the above.

(f)        Once you have created an Account with DrGo Health Store, you may use the same username and password to log into DrGo and use the services thereunder, subject to complying with the relevant terms and conditions of DrGo.

3.2        Purported access or use

(a)        You agree and acknowledge that any access to the Platform, use of the Services, and any information, data or communications referable to your Username and the Password shall, whether such access or use is authorised by you, be deemed to be, as the case may be:

        (i)         your access to the Platform and/or use of the Services; or

        (ii)         information, data or communications posted, transmitted and validly issued by you.

(b)        You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use is authorised by you) and you agree that we shall have the right to (but not obliged) act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.  You further agree to fully indemnify us against any and all Losses attributable to any access to the Platform and/or use of any Services referable to your Username and Password.

3.3        Suspension and termination of Account 

(a)        We may, without giving any reason or prior notice, suspend or terminate your Account at any time in our sole discretion.  For details, please refer to Clause 10.1

(b)        You may terminate your Account by giving us designated prior written notice.  For details, please refer to Clause 10.1.

 

  1. Terms and conditions of sale

4.1        Goods available

(a)        All Goods available for purchase / redemption on the Platform may be provided by us or a Supplier. All items of Goods included on the Platform are available only at our discretion or the discretion of Supplier (as the case may be) and such Goods may be withdrawn or varied at any time without prior notice.

(b)        We may sell children’s Goods for purchase by adults. We do not sell Goods for purchase by children.  There may be some content on the Platform which is not suitable for viewing by persons under 18 years of age.  You are solely responsible for checking the identity and/or age of any person who wishes or intends to view the Platform before you permit that person to view the Platform.

(c)        We and our Affiliates do not sponsor, endorse or recommend, expressly or impliedly, any third party product, service, information or content provided by any Supplier through the Platform. We or the Supplier do not warrant the accuracy of the descriptions of all Goods on the Platform.  The specifications of the Goods, including sizes, dimensions, weights, measures, colours, capacities and other product features or descriptions, provided on the Platform are for reference and convenience purposes, and slight variations with actual specifications of the Goods may occur.  You warrant that you have not relied on any such descriptions (including, without limitation, the wordings, pictures, photos, specifications, videos, or audios) made by or on behalf of us or the Supplier on the Platform and you agree that we or the Supplier shall have no liability over such descriptions.

(d)        Parties other than us and our Affiliates may sell Goods on the Platform or through links to the websites or mobile applications of other businesses. We shall not be responsible for and we do not warrant or endorse, the offerings of any of these businesses or the content of their websites or mobile applications.  We do not assume any responsibility or liability for the actions, omissions, products or content of any of these businesses or any third parties.  Certain Goods available on the Platform may require you to interact or deal with a Supplier directly and we will not participate in any such interaction, dealing, transaction or negotiation which is solely between you and the Supplier.  When ordering such Goods, you should be aware that you are solely responsible (and we cannot be held liable in any way) for all aspects of any interaction, dealing, transaction or negotiation in which you choose to participate with a Supplier through the use of the Platform, including, without limitation, resolving any disputes, conflicts or claims of any nature which may arise from any such interaction, dealing, transaction or negotiation.

(e)        Goods available for purchase or redemption on the Platform may be subject to limitations and applicable terms of supply imposed by us or a Supplier (as the case may be) as shown in the Platform. Limitations and terms of supply may include any laws, regulations, rules or restrictions from countries to which Goods may be delivered; pricing and payment terms; order and delivery details; return, refund and cancellation policies; product and service warranties; and other contract terms, and they are subject to change from time to time without prior notice.  You should carefully review and ensure strict compliance with these limitations and terms of supply.

(f)        Some Goods offered by us may only be lawfully purchased or consumed by you if you are aged 18 or above, or if you have obtained the required permit, license, or permission. By registering and/or placing an order with us on the Platform to purchase Goods, you are making a statement, upon which we may rely upon, that you are aged 18 or above, capable of forming a legally binding contract and lawfully completing your purchases or redemption.

(g)        When you place an order on the Platform to purchase or redeem Goods (“Purchase / Redemption Order”), your Purchase / Redemption Order is an offer to us or the Supplier(s) (as the case may be) to purchase or redeem the Goods which may or may not be accepted by us or the Supplier (as the case may be). In addition to these Terms of Use, purchase / redemption of any Goods on the Platform may be subject to other terms and conditions specific to that Goods (“Additional Terms”).  Any Additional Terms will be made known to you prior to your purchase / redemption.  Where there are Additional Terms for the sale / redemption of any Goods, by placing a Purchase / Redemption Order of such Goods, you agree to be bound by the Additional Terms.  In the event that there is any inconsistency between the Additional Terms and any part of these Terms of Use, the provisions in the Additional Terms shall prevail in respect of the purchase / redemption to which the Additional Terms apply.

(h)        Once you have sent a Purchase / Redemption Order on the Platform, such Purchase / Redemption Order shall be deemed to be irrevocable and unconditional. You agree for us or the Supplier to process the Purchase / Redemption Order in accordance with these Terms of Use, Additional Terms (if applicable) and any other applicable terms and conditions without further reference to you.

(i)        We or the Supplier (as the case may be) reserve the right not to accept any Purchaser / Redemption Order from you in our or the Supplier’s sole discretion. If you have placed a Purchase / Redemption Order and if your Purchase / Redemption Order is accepted by us, you will receive from us a purchase order confirmation via email or any such means as we or the Supplier (as the case may be) determines as appropriate.  Each Purchase Order shall form a legally-binding agreement (“Customer Contract”).  If the Goods are sold by us, such Customer Contract shall be entered between you and us; and if the Goods are sold by a Supplier, such Customer Contract shall be entered between you and the Supplier.  You may also view your order which has been accepted by us through the email invoice or through the “My Order” page of your Account on the Platform.

(j)        We also reserve the right at our sole discretion to decline, cancel, terminate, change or withhold any Purchase / Redemption Order or Customer Contract for any reason (including without limitation where the Goods are out of stock, or in the event of a pricing error on the Platform), even though you may have received a confirmation of your order from us or already paid for the Goods. We will contact you through such means as we determine appropriate to inform you of our decision.  You agree that we will not be obliged to make any compensation to you or be liable for any loss and damage you may suffer as a result.

(k)        We also reserve the right at our sole discretion (i) to specify the payment method for each purchase / redemption; (ii) to specify the pickup method for each purchase / redemption (whether by delivery, collection at our designated location(s) or other means so designated by us); (iii) to limit the quantity of the Goods purchased / redeemed per order, per product or per service or per customer, and/or per Account; (iv) to limit the amount that may be settled by a particular payment method during a period specified by us; and/or (v) to modify the method of processing refunds at any time without any notice to you. These restrictions may be applicable to orders placed by the same customer or Account or to orders that use the same billing and/or delivery / collection address.  We will notify you of any changes at such time and using such means as we determine as appropriate.  We further reserve the right at our sole discretion to prohibit sales to dealers or wholesalers.

(l)        All risks of any purchased / redeemed Goods will be transferred to you at the time of delivery of the Goods to you. If the Goods are delivered by way of e-locker, the risks will be transferred to you at the time of your pick up at the e-locker.  If the Goods are delivered by way of redemption email, redemption QR code (virtual products) or redemption letter, then the risks will be transferred to you when we send out the relevant redemption email, redemption QR code or redemption letter to you.  Upon receipt of full payment for the purchased Goods by us, the ownership of all purchased / redeemed Goods will be transferred to you when the risks are transferred to you at the abovementioned time.

(m)        If you register, connect or log into the Platform with your existing The Club account, Club HKT will have continuous access to the information available at your account with The Club, including, without limitation, The Club ID, updated Clubpoint balance and contact information until you disable the connection between your Account on DrGo Health Store and The Club account. You may disable the connection at any time on DrGo mobile application.

4.2        Service account

(a)        When making purchases or redemptions using your Account, you warrant that you are the owner of the Account. All activities that occur under your Account, whether or not conducted by you, shall be deemed to be activities conducted by you, or with your due authorisation.

(b)        By ordering or redeeming Goods on the Platform, you authorise us and/or the Supplier(s) (as the case may be) to charge the full amount of the Goods ordered or redeemed and all related fees and charges (including, without limitation, delivery fee) (collectively, “Fees”) on your selected credit card or by other means of payment as approved by us. You agree that you may not claim against us or any of our agents for any mistake, disruption or failure in relation to your chosen payment method.  You warrant that you are duly authorised to use your selected credit card or means of payment and are subject to the applicable user agreement of your payment method.  You agree that we shall have the right to, at any time and at our sole discretion, accept, reject or modify any credit card or any method of payment selected by you.  Unless otherwise provided in the terms of supply imposed by us or the Supplier (as the case may be), all prices are quoted in Hong Kong dollars and exclusive of any government service tax, value added tax or similar tax (if any) and are subject to change from time to time without prior notice.  Pricing or typographical errors may occur and in the event that an item of Goods is listed at an incorrect price, we shall have the right at our sole discretion to decline, cancel or modify any orders placed for that item of Goods without any liability or to contact you for purchase instructions based on the correct price information.  The purchase price (or any part thereof), once paid, is non-refundable under any circumstances, unless specified herein or we agree otherwise.

(c)        You hereby authorise us or our billing agent to charge your selected credit card or other means of payment (“Card Account”) the full amount of the Fees. Your bank, the credit card issuing company and/or other relevant parties (collectively, “Bank”) may charge you additional fees for making payment with your credit card or other means of payment.  Please make enquiries with the Bank for details.  You warrant that you have obtained all necessary due authorisations for making payment via the Card Account.  Any disputes regarding the Fees on a statement for the Card Account must be raised with us within 30 days from the date of issuance of statement for the Card Account, notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the Bank.  If we fail to receive your written enquiry within the said 30-day period, you will be deemed to have agreed with all transactions on the statement for the Card Account.

(d)        If you fail to settle the Fees in full by the payment deadline pursuant to the terms and conditions of the payment method selected, we shall be entitled to cancel the Customer Contract or suspend delivery of the Goods until all the Fees and/or any charges are fully received from us.

(e)        As part of order processing procedure, we will screen all orders and reserve the right to withhold or refuse processing any order due to suspected fraud, unauthorised or illegal activities. We may make calls or send emails for verification. Customer may need to provide sufficient information for verification purpose, such as corresponding transaction approval code (e.g. SMS from Bank about the transaction).

4.3        Return for refund

(a)        You acknowledge that not all Goods purchased on the Platform are available for a return for refund.  Currently, the Platform offers refund if the purchased Goods are damaged or defective or not the product you have purchased.  All returns shall be done in accordance with and subject to our Return Policy (see Part C of these Terms and Conditions).  

(b)        We shall not be obliged to provide or accept any return for the Goods purchased on the Platform or refund or waive any part of the Fees or any delivery fees or any part thereof.  We reserve the right to charge you HK$100 or such amount of administrative fee as we see fit if any return request is found to be malicious.  You agree that in case of any disputes, our sole determination shall be final and binding.

(c)        All refunds shall be conditional upon our acceptance of a valid return of the Goods.  All refunds (if accepted by us) shall be made via the original payment method and to the person who made the original payment.  You agree that we will not guarantee the timeliness of refunds.  In the event that any cost or expense is charged in relation to the refund process by the processing card institution or payment processing company, you shall bear that cost or expense unless otherwise stated.

(d)        You agree that you shall solely be responsible for the decision to return for refund and we shall not be liable for any losses and damages suffered in relation to or arising out of any return request for refund.

4.4        Delivery

(a)        All deliveries shall be done in accordance with and are subject to our Delivery Policy (see Part B of these Terms and Conditions).

(b)        Delivery location is limited to Hong Kong.  Notwithstanding Clause 4.4(a), we may specify the pickup method for each purchase of the Goods, whether by delivery to the delivery address you provide, collection at our designated location(s) or other means so designated by us.  Delivery of the Goods to such delivery address or collection of the Goods by you or such other person on your behalf at our designated location or by other means so designated by us shall be deemed due and proper delivery to you and you shall have no claim against us or we shall not be liable to you for any losses and damages in relation to or arising out of such claims.

(c)       Our delivery services offer up to two (2) delivery attempts.  If we cannot deliver the Goods in two (2) attempts, we will arrange redelivery and reserve the right to charge you for an additional fee.  In any event, if the Goods are still not or cannot be received by you after the specified time frame (being 30 days after the date of purchase, unless otherwise specified) for any reason whatsoever, we shall have the sole discretion to dispose of the Goods without any liability and you will not be entitled to any refund or set off from us for any price paid.  You shall have no claim against us for any loss suffered and any outstanding Fees in respect of such Goods will remain due and payable by you.

(d)        While we shall endeavour to ensure that the Goods you ordered at the Platform will be available as soon as practicable, we do not in any way warrant that the Goods will be available by the date or by the delivery / collection method as per your confirmed order; and to the extent permitted by law, we shall not be responsible in any way for any loss or damages suffered by you or any person as a result of any delay or failure in delivery / availability for collection of the Goods or any damage of the Goods during transportation.

4.5        Health, safety and product warnings

Certain Goods available on the Platform may not be suitable for children under a certain age or may require parents to supervise / demonstrate the use of such Goods by children (e.g. children’s products).  It is your sole responsibility to read and use the Goods in accordance with all applicable safety labels, health warnings, assembly instructions and other cautionary notices and directions, and to ultimately determine whether a particular product or service is appropriate for use by children, taking into account their age and skill level.  If you are in doubt about the use or safety of a particular Goods, contact the manufacturer or supplier in question, or consult the necessary professional for advice.

 

  1. Personal Data

(a)        You acknowledge that you have read and agreed to the DrGo Privacy Statement (available on DrGo website: https://www.drgo.com.hk) and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the DrGo Privacy Statement.

(b)        During your access of the Platform and/or use of the Services, Personal Data and other information that you provide and other information collected and/or compiled by us about you from time to time subsequently (collectively “Data”) will be collected, used and retained by us as a result of or in connection with your access of the Platform and use of the Services, in accordance with the requirements of the Personal Data (Privacy) Ordinance and other applicable laws, rules and regulations.

(c)        The details of the collection, compilation, retention, use, disclosure and processing of the Data and any further information about your access of the Platform and/or use of the Services are set out in the applicable terms and conditions of the Platform and/or the Services and the DrGo Privacy Statement.

(d)        Your Data may be disclosed to, used by and/or retained by, at all times to the extent permitted under applicable laws, licences, rules, and regulations, members of the HKT Group (being HKT Limited, its subsidiaries, Affiliates and associated companies), their respective agents and service providers, healthcare providers, healthcare professionals and business partners for purposes in connection with the Platform and/or the Services, and other purposes to which you may have consented at any time. We may also be ordered by regulatory bodies, government authorities and courts of law in different jurisdictions to disclose the Data in order to comply with legal obligations and duties imposed on us.

(e)        You are entitled to access, correct or enquire about your personal data being held by us. For any such request, please do so by writing to eSmartHealth's Privacy Compliance Officer by letter to GPO Box 9896, Hong Kong or by email to privacy@pccw.com.

 

  1. Intellectual Property

6.1        Ownership

The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers.  We reserve the right to enforce our Intellectual Property to the fullest extent.

6.2        Restricted use

You shall not reproduce, reverse engineer, decompile, disassemble, alter, separate , sell, rent, sub-license, distribute, republish, display, broadcast, hyperlink, frame, mirror, transfer or transmit or vary, alter or remove any copyright, Trademarks or other protective notice in any part of the Platform or any Material or any software we provide in any manner or by any means or store in an information retrieval system or install on any servers, system or equipment without our prior written approval or that of the relevant copyright owners.  Subject to Clause 6.3, approval will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we, or the relevant copyright owners, retain all copyright and other proprietary notices contained in the Materials.

6.3        Trademarks

The Trademarks are our, our Affiliate’s or other third party’s registered and unregistered trademarks.  We have not through the Platform or these Terms and Conditions granted, by implication, estoppel, or otherwise, any licence or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services unless our written approval or any other applicable trademark owner has been obtained.  Unauthorised use of the any Trademarks in any manner is strictly prohibited.

 

  1. Limitation of responsibility and liability

7.1        No representations or warranties

(a)        You agree and acknowledge that the Platform, the Services and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only.  We do not give 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 Platform, the Services or the Materials.  In particular, we do not warrant:

        (i)         the accuracy, timeliness, adequacy, value or completeness and continuous availability of all data and/or information contained in the Platform, the Services or the Materials;

        (ii)         that the Platform, the Services or that any of the Materials will be provided timely, uninterrupted, secure or free from errors or omissions, or that any defect will be corrected;

        (iii)        that the Platform, the Services or the 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

        (iv)        the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Platform or the Services may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your 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.

(b)        You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform and/or the Services and use your own virus protection software.

(c)        If any part of the total Fees for the Goods has not been paid in full by the payment deadline, we or Supplier shall have no liability.

(d)        Warranty with respect to the Goods, if any, will be provided by the Supplier (“Supplier Warranty”) and shall be subject to the Supplier Warranty’s own terms and conditions. In the event of fault, defect in workmanship and material or faulty design of the Goods, you may, return the Goods, directly to the Supplier for repair or replacement (as determined by the Supplier) within the Supplier’s warranty period at your own cost, subject to the Supplier Warranty’s own terms and conditions.  We and our Affiliates shall not in any way be liable, directly or indirectly, for any losses or damages which you, any user of the Goods or any other parties may incur or suffer as a result of the use of the Goods (or any part thereof), unless the same was caused by gross negligence or wilful default of us or our authorised representatives.

(e)        We or the Supplier will not represent or warrant the state, quality, condition or fitness of the Goods for any particular purpose, nor guarantee that the Goods meet any specifications, requirements, or any customary practices.

(f)        We or the Supplier shall not be liable for any actions or omissions of you or third parties and the consequences thereof, nor shall we or the Supplier be liable for any defect in or damage of the Goods arising after the expiry of any applicable Supplier Warranty.

(g)        We or the Supplier shall not be liable for any state or condition of the Goods or any defect of it which is a result of fair wear and tear, wilful misconduct, negligence, inappropriate use, improper alteration, or any repair or changes made to the Goods by you or any third parties without our approval.

(h)        We or the Supplier disclaim any liability for any direct or indirect losses or damages suffered by you or any third party caused by any changes or work done to the Goods without our prior written approval. You agree that you shall indemnify us and/or the Supplier against all losses and damages arising out of or in relation to such claims

7.2        Exclusion of liability

eSmartHealth Indemnitees shall not be liable to you for any Losses howsoever caused (regardless of the form of action) arising directly or indirectly from:

(a)        any access, use and/or inability to use the Platform or the Services;

(b)        your reliance on any data or information made available through the Platform and/or through the Services, which should first be independently verified;

(c)        any system, 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; and

(f)         any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

7.3        At your own risk

You agree that any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.

 

  1. Hyperlinks and advertising

8.1        Hyperlinks

We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties.  We do not have control of these linked websites or content and therefore we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website.  We have not endorsed or verified such hyperlinked websites or content and you agree that your access to or use of such hyperlinked websites or content is entirely at your own risk.

8.2        Linking to us

You may link to our Platform provided the linking is fair and legal and does not damage our reputation or take advantage of it.

You shall not establish a link:

(a)        in such a way as to suggest any form of association, approval or endorsement on our part; or

(b)        to our Platform in any website that is not owned by you.

We may, without giving reason or prior notice, withdraw linking permission.

8.3        Advertising

We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our vendors’ products and/or services.  The type and extent of advertising are subject to change.  You shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

 

  1. Your submissions and information

9.1        Submissions by you

(a)        You grant us a worldwide, irrevocable, non-exclusive and royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the works, materials or information (including, without limitation, text (questions, reviews, comments and suggestions), graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to the Platform and/or provide to us (collectively, “Submissions”) in any existing or future media. You also grant us the right to sub-license the rights licensed above.

(b)        When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content.

(c)        You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may publish, remove or edit your Submissions.

(d)        You hereby waive all your moral rights in the Submissions to the maximum extent permitted by applicable law. You warrant and represent that all other moral rights in the Submissions have been waived to the maximum extent permitted by applicable law.

 

  1. Termination

10.1      Termination by us

In our sole discretion (especially if you have breached any of these Terms and Conditions in any way, or if we reasonably suspect that you have breached any of these Terms and Conditions in any way, or if we are required to do so by law, regulatory requirements, court order, Stock Exchange requirements or request of other competent authorities), we may do any of the followings with immediate effect, with or without prior notice to you:

(a)        disable your Username and Password;

(b)        suspend, terminate and/or delete your Account;

(c)        restrict, suspend and/or terminate your use of the Platform and/or Services;

(d)        block computers using your IP address from accessing the Platform and/or the Services;

(e)        contact any or all of your Internet service providers and request that they block your access to the Platform and/or the Services;

(f)        commence legal action against you, whether for breach of contract or otherwise; and/or

(g)        do such other actions as we may deem appropriate.

10.2      Termination by you

You may terminate your Account by giving not less than seven (7) days’ prior notice in writing to us.  You will be able to contact us through the “Contact Us” page on the Platform. 

 

  1. General

11.1      Assignment

We may assign, transfer, and/or sub-contract the whole or any part of the rights and/or obligations contained in these Terms and Conditions to any person and/or entity at any time without any notice to you.

11.2      Cumulative rights and remedies

Unless otherwise provided, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.3      No waiver

Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right later to enforce these Terms and Conditions.  Where you have breached any of these Terms and Conditions, we would still be entitled to use our rights and remedies in any other situation.

11.4      Severability

If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.

11.5      Rights of third parties

Save for the group companies or Affiliates of eSmartHealth, no other person who is not a party to these Terms and Conditions has any right under Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce any term and/or benefit of these Terms and Conditions.

11.6      Injunctive relief

We may seek immediate injunctive relief if we determine in good faith that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.7      Events beyond our control

We shall not be held responsible or liable for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.

11.8      Communications

We may communicate with you by posting notices through the Platform and other means as we determine to be appropriate.  You agree that all agreements, notices and other communications that we provide to you electronically or by SMS via mobile phone or other means as determined by us satisfy any legal requirement that such communications be in writing.

11.9      Amendments

We may by notice through the Platform or by such other method of notification as we may determine, amend and provisions of these Terms and Conditions.  Such amendments shall take effect on the date we specify through the above means.  If you use the Platform or the Services after such date, you are deemed to have accepted such amendments.  If you do not accept the amendments, you must stop accessing or using the Platform and the Services and terminate your Account.

11.10      Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and the Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you.  You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.11      Governing law

Use of the Platform and/or the Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong.  The courts of Hong Kong shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any dispute, which may arise out of or in connection with these Terms and Conditions.

 

Version: [June] 2021