DrGo FibriCheck Terms and Conditions
FibriCheck is a detection and monitoring application powered by the Belgian company, Qompium NV, that can be used to detect or monitor an irregular heart rhythm, such as atrial fibrillation.
FibriCheck is a feature that has been integrated into and available on the DrGo App. DrGo and DrGo App are operated by us, eSmartHealth Limited (“eSmartHealth”), a member of the HKT Group.
Registered DrGo users who are aged 18 or above and who hold a HK Identity Card may use FibriCheck on their DrGo App in Hong Kong. Users agree that they may only use FibriCheck in Hong Kong.
To use FibriCheck on DrGo App, users’ smartphone needs to be compatible with the DrGo App. If users can find the DrGo App on the App Store or the Google Play, then it should be compatible with the users’ smartphone.
Each DrGo user will be assigned a Patient ID, which will be shown in the FibriCheck results available on users’ DrGo account.
Your Obligation
By using FibriCheck on the DrGo App, users are deemed to have read and to agree to be bound by all relevant terms and conditions of FibriCheck, including the prevailing version of (a) these “DrGo FibriCheck Terms and Conditions”; (b) the “FibriCheck Terms and Use”; and (c) the “FibriCheck Service Instructions for Use”, all available on the DrGo App. By continuing to use FibriCheck, users are deemed to have accepted and agreed any updated terms and conditions. If there is any discrepancy between these “DrGo FibriCheck Terms and Conditions” and the “FibriCheck Terms and Use” / the “FibriCheck Service Instructions for Use”, these “DrGo FibriCheck Terms and Conditions” shall prevail, unless we advise otherwise.
FibriCheck is for eligible DrGo users only. Users may not transfer or resell any part of FibriCheck to any party, nor use for any commercial or trading purpose.
Disclosure of information
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 access to FibriCheck.
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
This Clause and the “eSmartHealth 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 data 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 FibriCheck.
All personal data which a user provides and collected in relation to FibriCheck provided on DrGo App will be collected, used and retained by us in accordance with the requirements of the Ordinance and the “eSmartHealth Privacy Statement” for the purpose of FibriCheck on DrGo App only. The personal data may be disclosed to, used by and/or retained by other members of the HKT Group or its affiliates for the purpose of FibriCheck on DrGo App. 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. A user’s use of FibriCheck on DrGo App and the relevant data handling are also subject to all relevant terms and conditions of FibriCheck, including those set out in Clause 6, and a user agree to be bound by those terms and conditions.
Our Rights
We shall have the right to terminate, suspend and/or deactivate any user’s eligibility of accessing FibriCheck at any time at our sole discretion, which may include, without limitation, as a result of the followings:
if we detect or suspect that there is any threatened or actual breach by a user of the terms and conditions of FibriCheck;
if we believe that a user is abusing or misusing FibriCheck;
if we believe that a user is doing anything detrimental to our or the HKT Group’s and/or its affiliates’ interest;
if we detect or suspect any unusual, irregular, suspicious, dishonest, fraudulent or unauthorised use or activity or any conduct or misconduct; or
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 FibriCheck.
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 FibriCheck 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 FibriCheck.
We reserve the right to modify, suspend or terminate FibriCheck and any terms and conditions of FibriCheck at any time without prior notice or reason. The terms and conditions of FibriCheck, as amended, are effective immediately upon uploading to the relevant website or app.
Limitation of responsibility and liability
Any information or readings given in connection with FibriCheck are for users’ reference only. Such information or readings shall in no way constitute professional medical advice. Users are advised to seek advice from medical professionals for all information about their health and conditions. Users understand and agree that neither eSmartHealth nor Qompium NV shall be held responsible for the results of the screening reports, any information or readings in connection with FibriCheck, or the health conditions of any users.
FibriCheck does not provide any medical services. Neither eSmartHealth nor Qompium NV intends to establish any fiduciary duty with any user, including between doctors and their patients.
Without limiting any terms and conditions of FibriCheck, all support, goods and services provided under FibriCheck are provided to participants on an “as is” and an “as available” basis, without warranty or condition of any kind, either expressed or implied, and all representations and warranties in connection with eSmartHealth or Qompium NV, and the support, goods and services under FibriCheck are excluded to the fullest extent permissible under any applicable law. To the maximum extent permitted under applicable law, neither eSmartHealth nor Qompium NV shall not be liable in any way in connection with FibriCheck, whether in contract, warranty, tort or otherwise.
Neither eSmartHealth nor Qompium NV shall be liable or deemed in default for failure to fulfil any obligation under FibriCheck due to causes beyond its reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, civic unrests, shortages of labour or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet backbone outages, failure of an internet access provider or other similar causes beyond our control, and neither eSmartHealth nor Qompium NV shall be liable for losses, expenses or damages, ordinary, special, remote or consequential, resulting directly or indirectly from such causes.
General provisions
These “DrGo FibriCheck Terms and Conditions” shall be governed and construed by the laws of the Hong Kong Special Administrative Region.
If there is any dispute related to the these “DrGo FibriCheck Terms and Conditions”, our decisions shall be final, binding and conclusive.
In the event of any discrepancy between the English version and any translated version of these “DrGo FibriCheck Terms and Conditions”, the English language version shall prevail.