TERMS OF SERVICE

Article 1 (Application)

1. 1 These Terms shall apply to all contractual relationships between the Parties to the Terms concerning the use of the Services.

   2 In addition to these Terms, the Company may establish various rules and other provisions regarding the use of the Services (hereinafter referred to as “Individual Provisions”) separately from these Terms. Such Individual Provisions shall constitute a part of these Terms regardless of their designation.

   3 The contractual conditions regarding each service that constitutes the content of the Services shall be stipulated within these Terms.

Article 2 (Definition of Terms)

Article 3 (Modification of the Terms)

1. 1 The Company may modify these Terms, and the User shall comply with the modified Terms.

    2 In the case of the preceding paragraph, the Company shall publicize on the Company’s website the fact that these Terms are to be modified, the contents of the modified Terms, and the effective date thereof.

   3 The modification of these Terms shall take effect from the time of publication under the preceding paragraph.

Article 4 (Content of the Services)

1. 1 The Services are services provided online in multiple languages by the Company to all Users regardless of attributes such as age, gender, and nationality, and the specific contents thereof are as follows:

    (1) Medical consultation

    (2) Services related to cooperation with the OHDr. Service (including the provision of information related to the OHDr. Service, etc.)

   (3) Cooperation with Affiliated Medical Institutions (including introductions to Affiliated Medical Institutions, information sharing, proxy reservations, etc.)

   (4) Provision of online interpretation services by medical professional staff

   (5) Support for insurance claim refund procedures for medical remuneration, etc., expended by the User while staying in Japan

    (6) Support for issuing medical certificates

   2 The Company shall provide the Services only in countries or regions specified by the Company on the Company’s website.

   3 The Company shall present conditions for use such as operating conditions of the Services in regulations and the like separate from these Terms, and such regulations and the like shall constitute a part of these Terms.

Article 5 (Application for and Conclusion of Service Agreement)

1. 1 An Intending User who wishes to use the Services shall, upon agreeing to these Terms and prior to entering Japan, select the desired plan of the Services corresponding to the provision period of the Services in accordance with procedures separately specified by the Company (hereinafter referred to as the “Applied Plan”) and apply for the conclusion of a Service Agreement, and the Service Agreement shall be concluded at the time when the Company accepts such application. Upon the conclusion of the Service Agreement, the Company shall notify the User of information such as the contents of the Service Agreement. In addition, the Intending User guarantees to the Company that the matters declared at the time of application for the Service Agreement (hereinafter referred to as “Declared Matters”) are all true and accurate.

   2 The Company may not accept the application of the preceding paragraph if the Intending User falls under any of the following reasons:

   (1) When the application for the Service Agreement was made without following the procedures prescribed by the Company

    (2) When there are falsehoods, misstatements, or omissions in whole or in part of the Declared Matters

   (3) When there are reasons to violate these Terms or the Service Agreement, or when the Company determines there is a risk of violation

   (4) When the person is a person who has violated these Terms in the past or is determined by the Company to be a related party of such person

   (5) When the Company otherwise determines that the use of the Services is inappropriate

    3 The User may use the Services only within the use period of the Services stipulated in the Applied Plan (hereinafter referred to as the “Use Period”) in accordance with the method specified by the Company, regardless of the actual length of stay in Japan, to the extent that it does not violate the Service Agreement.

   4 If any changes occur in the Declared Matters, the User shall immediately declare such changed matters in accordance with procedures separately specified by the Company.

Article 6 (Conditions and Methods for Providing the Services)

1. The Company shall provide the Services to the User in accordance with the conditions and methods separately specified by the Company and the contents of the Service Agreement with the User.

Article 7 (Prohibition of Assignment, etc.)

1. 1 The User shall not have a third party use, assign, lend, transfer, succeed to, or set a security interest such as a pledge on, or dispose of in any other way, the status under the Service Agreement, rights and obligations, or rights and obligations based on these Terms, in whole or in part.

   2 When the Company transfers the business related to the Services to another company, the Company may transfer the status under the Service Agreement or rights and obligations, or rights and obligations based on these Terms, along with the transfer of such business to the assignee of the business transfer, and the User consents in advance in this paragraph to such business transfer.

Article 8 (Attribution of Rights)

Copyrights, patent rights, trademark rights, designs, know-how, and other intellectual property rights and all other rights (hereinafter collectively referred to as “Intellectual Property Rights, etc.”) concerning the Services and materials created incidental to the Services shall belong to the Company.

Article 9 (Usage Fees)

1 The User shall have the obligation to pay the usage fees for the Services determined according to each category of the Applied Plan (hereinafter referred to as the “Usage Fees”) in accordance with the conditions of this Article and the next Article. The amount to be paid by the User to the Company shall be presented in the “Rate Table” on the Company’s website.

2 The Usage Fees shall accrue at the time the Service Agreement is concluded between the User and the Company. The fees shall be on a “prepaid system (payment after examination)”, and the User shall pay the Usage Fees to the Company after the examination in accordance with the payment method specified in the next Article.

3 The Usage Fees already paid by the User shall not be refunded for any reason, except when the Service Agreement is cancelled pursuant to Article 19, Paragraph 1 and when the Company fails to provide the Services in accordance with the gist of the obligation due to willful misconduct or gross negligence on the part of the Company.

4 When the User receives medicine at a pharmacy, the arrangement of medicine shall be made at the time the User pays the confirmed amount or deposit after the examination to the Company.

5 When the User requests home delivery of medicine, the deposit presented by the Company shall be billed after the examination, and the arrangement for the delivery of medicine shall be made at the time the User pays the amount to the Company. In addition, after the delivery of medicine is completed, the Company shall present the confirmed amount to the User and perform the settlement procedure of the Usage Fees (additional billing to the User or partial refund of the deposit, etc.).

Article 10 (Method of Payment of Usage Fees)

1 Payment of the Usage Fees shall be made by credit card settlement or by a method separately designated by the Company.

2 Expenses required for the payment of the preceding paragraph shall be borne by the User.

Article 11 (Medical Remuneration, etc.)

1. 1 Medical remuneration, etc., billed by Affiliated Medical Institutions to Users in connection with medical treatment shall be paid by the method designated by the Company, and paid by the Company to Affiliated Medical Institutions in accordance with the payment method determined between Affiliated Medical Institutions and the Company. However, expenses incurred incidentally or in connection with the Services provided by the Company shall not fall under medical remuneration, etc., and shall be paid to the Company in accordance with Article 9 (Usage Fees), Paragraph 1.

   2 The Company may indicate to the User the estimated amount of medical remuneration, etc., set by the Affiliated Medical Institution (the estimated amount of partial copayment in cases where the Affiliated Medical Institution performs insured medical treatment) in the Services. The User shall use the Services with prior consent that the estimated amount indicated by the Company and the amount actually paid by the User may differ.

   3 The Services do not guarantee that the User can receive medical treatment through insured medical treatment. If the User cannot use travel insurance, health insurance, etc., the User may have the obligation to pay the entire amount of medical remuneration, etc., including monies other than the partial copayment, to the Affiliated Medical Institution.

Article 12 (Default Interest)

1. If the User delays the payment of the Usage Fees and other debts owed to the Company (hereinafter referred to as “Usage Fees, etc.”), the User shall pay default interest at an annual rate of 14.6% (calculated on a daily basis assuming a year of 365 days) in addition to the delayed debt.

Article 13 (Prohibited Matters)

In using the Services, the User shall not engage in any of the acts listed in each of the following items:

(1) Acts that infringe or risk infringing the Intellectual Property Rights, etc. of the Company, other Users, Affiliated Medical Institutions, their employees or affiliated staff, or other third parties (hereinafter referred to as the “Company, etc.”)

(2) Acts that infringe or risk infringing property or privacy possessed by the Company, etc.

(3) Acts of slander and defamation against the Company, etc. by hurling abusive language, or acts risking the same

(4) Acts that damage the honor or credit of the Company, etc., or acts that promote such acts, or acts risking the same

 (5) Acts that give a sense of aversion to the Company, etc., or acts risking the same

(6) Acts that discriminate against the Company, etc. based on ethnicity, race, creed, gender, social status, or family origin, or acts leading to such discrimination, or acts risking the same

(7) Acts of harassment against the Company, etc. by any method such as stalking, or acts risking the same

(8) Acts that cause economic or mental damage to the Company, etc., or risks thereof

(9) Acts contrary to laws and regulations, internal rules of industry groups to which the Company belongs, these Terms, the Service Agreement, or public order and morals, or acts of providing information contrary thereto to other Users or third parties, or acts risking the same

(10) Violent expressions, solicitation for illegal activities, or acts risking the same

(11) Criminal acts or acts leading to criminal acts, or acts risking the same. Acts of any communication or involvement with antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, and other equivalent persons; the same shall apply hereinafter), such as cooperating or engaging in the maintenance, operation, or management of antisocial forces, etc.

(12) Acts of providing information contrary to facts or risking the same to the Company, etc., or acts risking the same

(13) Election campaigns or similar acts, obscene acts, or religious acts targeting the Company, etc.

(14) Acts of fraudulently using email addresses, SNS accounts, or passwords by impersonating others

(15) Acts of using the Services by impersonating others (including acts of claiming to be a person other than oneself, claiming to be a representative or agent of an organization such as a company despite having no representative or agency authority, or pretending to have a partnership or cooperative relationship with other persons or organizations). Acts of having a third party use the Services

(16) Acts of fraudulently using accounts to log in, etc., or acts conflicting with the Act on Prohibition of Unauthorized Computer Access

(17) Acts corresponding to promotion, sales, solicitation, or advertising targeting the Company, etc., or acts risking the same

(18) Acts of establishing or soliciting for infinite chain schemes (pyramid schemes) targeting the Company, etc.

(19) Acts of touting the efficacy of health foods or health appliances in violation of the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, etc. targeting the Company, etc.

(20) Acts of disseminating information leading to the identification of individuals, such as specific personal names or facility names of the Company, etc.

(21) Acts of obstructing the operation and maintenance of the Services

(22) Acts of placing an excessive burden on the network or systems of the Services

(23) Acts of unauthorized access to the network of the Services

(24) Other acts falling under commercial use

(25) Other acts that violate or risk violating laws and regulations

(26) Other acts determined by the Company to be inappropriate

Article 14 (Damages)

1 If the User causes damage to the Company, etc. or the Services due to reasons attributable to the User regarding the use of the Services, the User shall compensate for the damage suffered by the Company arising from or related thereto.

2 If the User causes damage to other Users, Affiliated Medical Institutions, or other third parties (hereinafter referred to as “Third Parties, etc.”), receives complaints from Third Parties, etc., or causes disputes with Third Parties, etc. regarding the use of the Services, the User shall immediately notify the Company of the details, resolve them at their own responsibility and expense, report the progress and results to the Company, and shall not cause the Company, etc. to bear any responsibility. The Company shall not be involved in negotiations, transactions, payments, etc. with Third Parties, etc. in any way, and if the Company, etc. suffers damage arising from or related thereto, the User shall compensate for such damage.

3 Even in cases where the User allows a third party to use the Services and causes damage to the Company, etc., such act shall be deemed to be the act of the User, and each provision of this Article shall apply.

Article 15 (Warranties and Limitation of Liability)

1. 1 The User shall use the Services in accordance with these Terms, at their own judgment and responsibility. In addition, the User shall prepare, at their own responsibility and expense, the environment necessary for using the Services (hereinafter referred to as the “Use Environment”), such as hardware, software, internet connection lines, and ensuring security.

   2 User information may be lost, missing, delayed, etc. due to force majeure beyond the Company’s expectations, such as equipment failure, trouble, power outage, communication line abnormalities, and system failures of the equipment providing the Services. Except in cases where the Company has willful misconduct or gross negligence, the Company shall not assume any responsibility for damages arising from such disappearance, loss, delay, etc. of User information, even if it occurs.

   3 The Company shall not assume any responsibility for damages arising from the User’s violation of Article 13 (Prohibited Matters).

   4 Affiliated Medical Institutions or their medical personnel shall assume all responsibility for medical treatment, issuance of prescriptions, delivery of prescriptions and pharmaceuticals, and all other acts by Affiliated Medical Institutions, and the Company shall not assume any responsibility for the contents thereof. The same shall apply to delivery troubles when documents such as referral letters/medical certificates cannot be created due to errors in input contents into our hospital system at the time of reservation.

   5 The Services are provided on the premise that Affiliated Medical Institutions comply with relevant laws and regulations, precautions under various insurance systems, guidelines for online medical consultation, and other administrative guidelines (hereinafter referred to as “Relevant Laws, etc.”). When the User uses the Services, the User must check before using the Services whether the medical treatment by the Affiliated Medical Institution complies with Relevant Laws, etc., or whether it can be received as insured medical treatment.

   6 In case of emergency, do not use the Services, and take necessary measures such as requesting emergency transport promptly by yourself.

   7 The Company shall not assume any responsibility for damages caused by the User’s failure to request emergency transport.

   8 The Company does not guarantee that inquiries from Users will be accepted without delay, regardless of the reason.

   9 If damage is caused to the User not due to the Company’s willful misconduct or gross negligence, the Company shall only be responsible for compensating for damages that normally arise, and shall not be responsible for compensating for consequential damages, incidental damages, lost profits, or damages arising from other special circumstances, regardless of the presence or absence of foreseeability. In addition, in this case, the amount of damages compensated by the Company to the User shall be capped at [10,000 yen].

   10 The Company does not make any warranty regarding the matters specified in the following items. In addition, even if the User obtains information regarding the Services directly or indirectly from the Company, the Company shall not make any warranty to the User beyond the contents stipulated in these Terms.

    (1) That no defects or faults will occur in the Use Environment resulting from the use of the Services

    (2) Accuracy, completeness, permanence, fitness for a particular purpose, and usefulness of the Services

    (3) Compliance with laws and regulations applicable to the User, internal rules of industry groups, etc.

   11 Medical treatment to the User is provided by Affiliated Medical Institutions, and medical consultations are provided by Registered Physicians, etc. The User shall receive medical treatment or medical consultations (hereinafter referred to as “Medical Treatment, etc.”) from Affiliated Medical Institutions or Registered Physicians, etc. through the use of the Services at their own responsibility. Inquiries, complaints, claims, disputes, etc. arising in connection with such Medical Treatment, etc. shall be resolved between the User and the Affiliated Medical Institution or Registered Physician, etc., and the Company shall not assume any responsibility for these disputes, etc., nor shall it have any obligation to participate in their resolution.

Article 16 (Suspension of the Services)

1. 1 The Company may suspend all use of the Services without any demand to the User in the following cases. In this case, the User cannot use the Services at all. If the Company determines that the cause of suspension has been resolved by the User, the use of the Services may be resumed.

   (1) When the User acts contrary to these Terms or the Service Agreement, or when the User performs an act recognized by the Company as inappropriate

    (2) When the User fails to pay the Usage Fees, etc. to the Company regarding the Services and other services provided by the Company

    (3) When the Company suspends or terminates the use of the Services for any reason

    (4) When it is found that the User falls under any of the items of Article 5 (Application for and Conclusion of Service Agreement), Paragraph 2

   (5) When the User suspends payment or becomes unable to pay, or when a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings

   (6) When the User receives a disposition of dishonor for a bill or check issued or accepted by themselves

   (7) When a petition for attachment, provisional attachment, provisional disposition, compulsory execution, or auction is filed against the User

   (8) When the User is in arrears with taxes and public dues and receives protective attachment

    (9) When the User is in a business suspension state

   (10) In addition to the preceding items, when the Company determines that a material change has occurred in the User’s credit status

    (11) When the Company otherwise determines that the use of the Services is inappropriate

   2 When the Services are suspended pursuant to the preceding paragraph, the User shall naturally lose the benefit of time for all Usage Fees, etc. owed to the Company arising at that time, and shall immediately pay the full amount thereof.

2.  

Article 17 (Modification of the Services)

1. 1 The Company may modify or add to all or part of the Services without prior notice to the User at its own discretion due to business reasons, system overload, system failures, maintenance, enactment or revision of laws and regulations, acts of God, accidental accidents, power outages, communication failures, unauthorized access, or other reasons. The Company shall not assume any responsibility to the User for such modification or addition.

   2 The Company may terminate all or part of the Services by giving prior notice to the User due to business reasons, system overload, system failures, maintenance, enactment or revision of laws and regulations, acts of God, accidental accidents, power outages, communication failures, unauthorized access, or other reasons. The Company shall not assume any responsibility to the User for such termination.

   3 The Company may entrust the execution of the Services to a third party as necessary.

2.  

Article 18 (Restriction on Use)

1. 1 The Company may suspend all or part of the Services by giving prior notice to the User if any of the following events occur. However, in case of emergency, such notice may not be given.

    (1) When the Company needs to perform periodic or emergency maintenance inspections and updates of equipment such as servers of services operated by the Company, or other systems necessary to provide the Services

   (2) When an emergency such as fire, power outage, natural disaster, labor dispute, war, terrorism, riot, other force majeure, or interference by a third party occurs or is likely to occur, and the Company determines that it is difficult to provide the Services

   (3) When the services of Affiliated Medical Institutions are not provided

   (4) When the Company otherwise determines that the suspension of the Services is necessary or appropriate for operational or technical reasons of the Services

   2 When the Company suspends the Services in accordance with the preceding paragraph, the Company shall not assume any responsibility even if any damage or the like occurs to the User and other third parties due to the suspension.

Article 19 (Cancellation by the Contracted User)

1. 1 The User may cancel the Service Agreement in accordance with procedures separately specified by the Company only in cases where there is a default on obligations related to this Agreement due to willful misconduct or gross negligence on the part of the Company prior to the start of the Use Period.

   2 Cancellation under the preceding paragraph shall take effect on the day when the notice of cancellation from the User reaches the Company, and procedures shall be performed in accordance with the Company’s regulations.

Article 20 (Cancellation by the Company)

1. 1 If the Company takes the measure of Article 16 (Suspension of the Services), Paragraph 1 against the User, and the User fails to remedy the cause of each item of the same paragraph within 14 days from the date of such demand despite the Company’s demand for remedy, the Company may cancel the Service Agreement.

   2 If the User violates any of the items of Article 13 (Prohibited Matters), the Company may immediately cancel the Service Agreement without any demand.

   3 When the Service Agreement is cancelled pursuant to the preceding two paragraphs, the User shall naturally lose the benefit of time regarding the Usage Fees, etc. owed to the Company arising at that time, and shall immediately pay the full amount thereof.

Article 21 (Measures after Termination of Service Agreement)

1. 1 After the termination of the Service Agreement between the Parties to the Terms, regarding the User’s medical records, interview records, and other records related to medical treatment (including medical charts; hereinafter referred to as “Records, etc.”), Affiliated Medical Institutions may have an obligation to keep them based on the Medical Practitioners Act, Medical Care Act, and other related laws and regulations. Therefore, from the perspective of data cooperation with Affiliated Medical Institutions, the Company shall store the User’s past records, etc. for 5 years even after the termination of the Service Agreement with the User. Data related to Records, etc. shall also be stored by the Company for 5 years after the termination of the Service Agreement with the User, in accordance with Records, etc.

   2 The User may request the Company to delete the data of the preceding paragraph after 5 years have passed since the termination of the Service Agreement.

Article 22 (Handling of Personal Information)

1. 1 The Company stipulates in this Article the handling of personal information acquired through the Services.

   2 The Company may acquire the following information regarding the User:

   (1) Information regarding the person (name, address, postal code, date of birth, telephone number, email address, driver’s license, resident certificate, health insurance card, passport, My Number card, and other public certificate information, etc.)

   (2) Medical information of the person (vital data such as body temperature, blood pressure, blood sugar level, medical history, medications being taken, surgical history, allergies, lifestyle habits such as drinking, presence or absence of pregnancy, name of medical institution used, department, examination date, health insurance card information, questionnaire response information, name of dispensing pharmacy used, prescription image (including drug name, dispensing date, dosage form, dose, and usage), medication information, questionnaire response information, medication notebook information, etc.)

   (3) Information regarding settlement (information regarding financial institution accounts, information regarding settlement and its methods, etc.)

   (4) Other information (information directly input by the User into input forms, etc. specified by the Company, information regarding inquiries and communications from the User to the Company, etc.)

   3 The Company shall use the acquired personal information to the extent necessary for the following purposes:

   (1) To provide the Services to the User

   (2) To bill and pay the Usage Fees

   (3) To verify the User’s identity

   (4) To respond to inquiries from the User

   (5) To provide after-sales service in the Services

   (6) To provide information regarding the Services (sending phone calls, emails, and mailing catalogs and flyers)

   (7) Questionnaire surveys and analysis, and marketing surveys and analysis

   (8) To display advertisements within the scope of relevant laws and regulations

   (9) To improve the Services

   (10) To prevent fraudulent use of the Services

   (11) To judge the User’s credit and collect receivables

   (12) To perform clerical work related to transactions with the User

   (13) To make necessary communications to the User

   (14) To confirm the completion status of the User’s reservation, examination, and medication guidance, and make necessary communications

   (15) To ensure the proper use of the Services by Affiliated Medical Institutions by the Company (including calculation of service usage fees, etc., limited to confirmation to the necessary extent of the contents of medical treatment and medication guidance)

   (16) For use incidental to the above usage purposes

   (17) For other purposes stipulated in these Terms

   4 The User consents in advance to the Company acquiring sensitive personal information such as the User’s vital data through the Services.

   5 Based on the User’s commission, the Company may provide personal information such as the User’s name and other information regarding the person, and vital data to Affiliated Medical Institutions. When using the Services, the User consents in advance to the provision of such personal information.

Article 23 (Confidentiality)

1. Regarding information disclosed by the Company to the User by designating it as confidential in connection with the Services, the User shall not use it for any purpose other than the purpose of such disclosure, nor disclose it to other Users or third parties, unless there is prior written consent from the Company.

Article 24 (Communication)

1. 1 Communication from the Company to the User shall be made by sending documents, sending emails, posting on the Services or the Company’s website, or by other means deemed appropriate by the Company. When such communication is made by sending an email or posting on the Services or the Company’s website, it shall be deemed to have reached the User at the time the transmission or posting was made.

   2 Communication from the User to the Company shall be made to the Company’s official LINE account and other SNS accounts. The Company shall not respond to inquiries by means other than the above SNS accounts.