Terms of use for the DoryGo app

Version from 17.12.2021

1. validity of these terms of use

DoryHealth AG, Hagenholzstrasse 81A, 8050 Zurich, Switzerland, registered in the commercial register of the Canton of Zurich under number CHE-220.969.862 (hereinafter "DoryHealth AG") operates the DoryGo App. These Terms of Use govern the legal relationship between DoryHealth AG and the users of the DoryGo App. By downloading and registering on the DoryGo App, these Terms of Use and the Privacy Policy of DoryHealth AG are deemed accepted. If the User does not wish to accept these Terms of Use or the Privacy Policy of DoryHealth AG, he/she must refrain from using the DoryHealth systems.

DoryHealth AG reserves the right to change these Terms of Use, the Privacy Policy and the DoryGo App at any time. Already registered Users will be notified in advance of changes and must cancel their subscription for the use of the DoryGo App within the period specified in the change notification as of the soonest possible cancellation date if they do not agree with the changes, otherwise the changes become binding within the specified period and are deemed accepted by the User.  

For services provided by the pharmacy, the legal relationship between the user and the pharmacy shall be governed by the pharmacy's general terms and conditions of business, if any.

2. description of the DoryGo app and the contracting parties

The DoryGo App is an app (a) via which the User is provided with pharmacies registered on the DoryGo App for the use of the offer described in these Terms of Use, whereby the User can freely choose from the suggested pharmacies, (b) via which Users can regularly receive, within the framework of a subscription, pre-sorted medication from the selected pharmacies in medication boxes delivered to the desired address, (c) via which Users receive a medication schedule generated by the pharmacy as well as medication intake reminder messages, and (d) via which they can communicate with the selected pharmacy (hereinafter "DoryGo App").

The user orders medicines by sending the prescription to the selected pharmacy, which constitutes an offer to the pharmacy to purchase medicines. The selected pharmacy checks the correctness and justification of the transmitted order on the basis of the medication prescriptions sent to it, if applicable. Assuming a positive result of this check and payment by the user, the selected pharmacy will accept the order and regularly send the user the ordered medication pre-sorted in medication boxes.

DoryHealth AG is not a contractual party with regard to the delivery and sorting of medication, but only acts as an intermediary between the pharmacies, IT and communication service providers. A review of the medication to be taken and medication plans, questions and any adjustments regarding the medication deliveries must take place directly between the User and the selected pharmacy.

The DoryGo App does not offer medical advice, recommendations or diagnostic or therapeutic information of any kind. The DoryGo app may only be used for the administration and documentation of medication prescribed by a doctor.

In the DoryGo App, the User is provided with information and services from pharmacies and possibly other third parties. DoryHealth AG does not check the accuracy, completeness and up-to-dateness of the information entered by the User or provided by third parties. Information does not replace medical clarification, assessment and advice by a doctor or pharmacist. Medical decisions are to be made exclusively after consultation with a doctor or pharmacist.

If the delivery of medicines by a pharmacy is desired, the pharmacy can make telephone contact when a medicine is ordered for the first time in order to clarify the legally required health questions. Thereafter, the pharmacy will deliver the medication sorted into medication boxes. Delivery takes place at regular intervals as long as a valid prescription is available, the subscription is still valid and no objection is lodged.

The medication plan is created on the basis of the data entered by the User and the prescriptions submitted. DoryHealth AG does not check the accuracy, completeness and up-to-dateness of the medication plan or the information provided by the User in the app.

The user can be reminded to take the medication by configuring the intake times in the settings.

DoryHealth AG does not check these settings either. Please do not rely solely on the DoryGo app for medication reminders.

The user has the option to be reminded to reorder prescriptions. Note that this reminder is based on the pharmacy's input. Please do not rely solely on the DoryGo app for re-ordering.

3. conditions of use

A prerequisite for the use of DoryGoApp by a User is that the User:

(a) is at least 18 years of age or has obtained the consent of his or her legal representative;

(b) is digitally literate and fully competent;

(c) has a working internet connection;

(d) fills in all requested data completely and correctly and updates it in case of changes;

(e) a valid credit card is on file to charge the subscription costs;

(f) gives his consent to the processing of his personal data by DoryHealth AG and

(g) accepts these terms and conditions of use and any other terms and conditions of the selected pharmacy relating to the ordering of medicines.

4. obligations of the user

The user is obliged,

(a) to provide only truthful information; 

(b) to order medicines only after medical advice and, if prescription-only, only on the basis of a doctor's prescription;

(c) regularly review the medication deliveries, their sorting, the medication schedule and medication intake reminder messages;

(d) to order medicines required only for his or her own use or for persons for whom he or she has providential or parental authority;

(e) use the latest version of the DoryGo App.

The medication order is a binding offer to the selected pharmacy. Upon acceptance of the medication order by the selected pharmacy, the purchase contract concerning the medication is deemed to be concluded and payment is due.

5. obligations and rights of DoryHealth AG

DoryHealth AG provides the DoryGo App with the functions described in section 2 of these Terms of Use. DoryHealth AG may update the DoryGo App at any time at its own discretion and provide additional or adapted functions. The User is only entitled to use the most current version of the DoryGo App.

DoryHealth AG is entitled not to provide the services or to interrupt them if:

(a) the User revokes his/her consent to the processing of his/her personal data in accordance with the DoryHealthAG Privacy Policy;

(b) in the discretion of DoryHealth AG, there is evidence that the User is in breach of these Terms of Use, including, but not limited to, that the requested data is incorrect or incomplete, or that there is misuse;

(c) the subscription fees have not been paid or the pharmacy reports payment arrears from the user; or

(d) the selected pharmacy is no longer registered and the user has not yet selected a new pharmacy.

6 Intellectual property

The DoryGo App, its software, texts, images, graphics and trademarks are the intellectual property of DoryHealth AG or its contractual partners, protected by copyright, trademark law and other laws. DoryHealth AG grants the User a non-exclusive, non-transferable and non-sublicensable right to use the DoryGo App and the content and data published thereon for the purposes described in section 2 of these Terms of Use within the scope of these Terms of Use. Any other use is prohibited.

7. subscription costs and duration

Downloading and registering on the DoryGo App is free of charge. However, the use of the functions of the DoryGo App described in section 2 of these Terms of Use requires the conclusion of a paid subscription.

However, the subscription costs only compensate DoryHealth AG for the use of the DoryGo app and the medication boxes (without contents). The costs for the medicines purchased or other services provided by the pharmacy are invoiced directly to the user by the pharmacy or settled with the health insurance company.

Subscription fees are payable in advance on the first day of each subscription period.

The User and DoryHealth AG are entitled to terminate the selected subscription at any time with a notice period of at least 2 weeks before the expiry of the subscription period by clicking the corresponding button on the DoryGo App. Without timely notice of termination, the selected subscription will be automatically renewed for an unlimited period for a further identical subscription period at the User's expense.

DoryHealth AG is entitled to increase the subscription costs at any time, including but not limited to as a result of additional chargeable functions or new versions of the DoryGo App. DoryHealth AG will notify the User of increases in the subscription costs at least 4 weeks before the start of a new subscription period so that the User can cancel his/her subscription in good time.

If the subscription ends due to cancellation or the user clicks on the "Delete data" function, the personal data and the subscription will be irrevocably deleted or anonymised within 30 days. Use of the DoryGo app is then no longer possible. The personal data and the subscription can also no longer be restored.

8. data protection

By concluding a subscription, the User instructs DoryHealth AG to establish contact with the selected pharmacy and to provide the pharmacy with the necessary personal data of the User.

The processing of the User's personal data is governed by the Privacy Policy of DoryHealth AG (www.dorygo.com/datenschutzvereinbarung), which forms an integral part of these Terms of Use.

9. disclaimer of warranty and liability

The DoryGo App is a newly developed IT and communication tool to support digitally literate and judgmental users in obtaining and taking medication "as-is" without any warranty. DoryHealth AG is an aid and its use is at the user's own risk.

The basis for the delivery and sorting of the medication, the medication schedule and the medication intake reminder messages all originate from the User himself (health information, intolerances), his doctor (prescriptions) or the pharmacy (medication deliveries, advice) and not from DoryHealth AG. DoryHealth neither verifies the information provided by the User, nor data provided by physicians, pharmacies or other third parties, the authorisation to order prescription medication, the indication, the intake times, the price, the timely availability, the effectiveness and risks of the medication, therefore any warranty and liability of DoryHealth AG is hereby excluded to the extent permitted by law. This exclusion of warranty and liability also applies to the employees, representatives and vicarious agents of DoryHealth.

The purchase contract for the ordered medicines is made directly between the pharmacy and the user; their control, indication and sorting are also carried out by the pharmacy. DoryHealth AG is only an intermediary, IT and communication service provider. If the User is not satisfied with the sale of the medication, if it is not delivered on time or incorrectly, or if the User does not pay for the medication ordered, any claims must be made directly to the pharmacy or the User. DoryHealth AG is not liable for claims between these contractual parties. The pharmacy bears sole responsibility for the sale of medication, its verification and the collection of payment for the ordered medication.

Although DoryHealth AG strives for uninterrupted operation of the DoryGo App, DoryHealth AG is not liable for temporary unavailability of the DoryGo App, transmission delays or malfunctions. Furthermore, DoryHealth AG cannot guarantee that the DoryGo App is compatible and works with the software or hardware of the mobile device used by the User. The use of the DoryGo App is not suitable for users who are not digitally literate.

Despite the use of appropriate security measures to protect the personal data entered by the User, such as encryption, the transmission of data via the Internet is unfortunately never completely secure. Therefore, DoryHealth AG cannot guarantee the security of the data. Any transmission of data is at the User's own risk.

10 Severability clause

Should individual provisions of these Terms of Use be or become invalid, the remaining provisions of these Terms of Use shall remain in full force and effect. The invalid provision shall be replaced by a legally valid provision which comes as close as possible to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.

11 Applicable law and place of jurisdiction

These Terms of Use are governed by Swiss substantive law, excluding the conflict of laws rules of private international law and international treaties.

The ordinary courts at the registered office of DoryHealth AG have exclusive jurisdiction for disputes.