Article 1 (Application of Terms)
- Joes Corporation Co., Ltd. (hereinafter referred to as “the Company,” “we,” or “us”) provides services (hereinafter referred to as “this service”) based on this “Terms of Service for Online Home Doctor Online Medical Examination Services” (hereinafter referred to as “Terms” or “Agreement”).
- The purpose of this service is to support telemedicine. Users of this service (hereinafter referred to as “users,” “the user,” or “you”) are requested to use this service at their own risk. Should a user of this website experience any inconvenience, disadvantage, or damage resulting from medical treatments performed by registered medical institutions, we cannot be held liable for any claims or complaints.
- By using this service, it is considered that you have agreed to various terms (hereinafter referred to as “individual rules”) established by the Company in addition to this agreement. If the provisions of the individual rules differ from this agreement, the provisions of the individual rules shall prevail.
Article 2 (Change / Revision of Terms)
- In order to further improve this service, the terms are subject to change in the future. In that case, we may change the terms without prior notice to the user. If the terms are changed in the future, the changed terms will be applied to the user, and if the user continues to use this service after notifying the change of terms, the user will be deemed to have agreed to the change.
Article 3 (Definition)
- In this agreement, the following terms are used respectively with the following meanings.
||Meaning of terms
||A service that provides online medical care by the same medical institution in combination with face-to-face medical care
||An agreement for users to be provided with this service from us based on this agreement
|Hospitals and clinics that use this service to provide medical services to users
||Persons who receive medical services from registered medical institutions using this service
||Medical examinations, diagnoses and other medical practices conducted based on the medical contract between the registered medical institution and the user, which are carried out using this service
|A settlement service specified in this agreement provided by a third party affiliated with OPTiM together with this service.
Article 4 (Contract relationship of this service / payment agent service)
- We provide this service to registered medical institutions in order to support them to carry out medical treatments for users as online medical treatments.
- In addition to granting registered medical institutions and pharmacies in association the use of personal information of the user intended for the use of this service, the Company and the user shall not have any rights or obligations regarding medical treatment.
- The payment agent service is provided by a third party stipulated in the terms of the service and is carried out at the responsibility of the third party. The use of the payment agent service does not create a relationship of rights between the Company and the user regarding medical treatment fee credit
Article 5 (application)
- o apply for a contract to use this service, please agree to the terms and use the prescribed method specified by the Company.
- The Company may not accept the application if in the case of falling under any of the following items.
- When there are false statements, errors or omissions in the application details.
- When the user has violated this agreement in the past and there is another risk of violation.
- When there are other obstacles to the performance of our business.
- When the user agrees to the terms for using this service, a contract for using this service will be established between the Company and the user.
- The user shall accept responsibility when using this service and payment agent service.
Article 7 (Reservation and cancellation)
- If the user wishes to receive medical treatment from a registered medical institution in this service, the user shall apply for a reservation by using the prescribed method and if the registered medical institution approves this within this service, an appointment for medical treatment shall be made between the user and the registered medical institution.
- The registered medical institution may change the department / doctor in charge of the reservation of this service if it is necessary for medical treatment.
- If the registered medical institution cannot provide medical treatment, etc. for the reservation from the user after the reservation specified in the preceding paragraph is established, or if the user cannot receive medical treatment, cancellation can be applied to the reservation through this service. By this application, the reservation of medical treatment in this service will be cancelled.
- Medical treatment, cancellation fee, etc. required due to the application for cancellation of the reservation in the preceding paragraph are determined by the registered medical institution and the user after consultation. We do not guarantee that medical treatment will be performed according to the reservation on behalf of the registered medical institution.
Article 8 (Payment of medical expenses for users)
- We will not charge users for any medical treatment under any pretext.
- The registered medical institution decides whether or not a reservation fee is required when the user makes a reservation for medical treatment using this service. Even if a reservation fee is required, we will not charge the user a reservation fee for using this service.
- For medical fees charged by registered medical institutions to users in connection with medical treatment and all other expenses (Medical fees including self-pay amount such as health insurance, reservation fee, examination fee, shipping fee and fee for delivery of medicine or prescription, medical certificate fees and other expenses incurred in connection with medical treatment. Hereinafter referred to as “medical fees, etc.”), billing and settlement shall be made by the method determined by the registered medical institution and the user.
- In this service, we can show the estimated amount of medical expenses set by registered medical institutions. In this case, if medical treatment by the registered medical institution is covered by health insurance, the indication of the medical treatment cost is expected to be the copayment of the user (referred to as stipulated in Article 74, Paragraph 1 of the Health Insurance Act). In addition, the user shall agree that the actual medical expenses may differ from the amounts displayed in advance in this service depending on the medical treatment contents of the registered medical institution.
- Reservation within this service does not guarantee that the user can receive medical treatment covered by health insurance. If the health insurance card presented by the user is expired, etc. the user may also be obliged to pay the total amount of medical expenses less the paid copayment.
- The user can select the payment method for medical fees, etc. from the payment methods that the registered medical institutions specified in the preceding paragraph.
Article 9 (Payment agent service)
- If the registered medical institution has subscribed to the payment agent service, the user can pay medical fees for medical treatment with a credit card.
- As a general rule, the registered medical institution will bear the cost of the payment service.
Article 10 (Disclaimer)
- Regarding medical treatment, issuance of prescriptions, delivery of prescriptions and medicines performed in this service, registered medical institutions or medical personnels shall bear all responsibility, and the Company shall not be responsible for its contents.
- This service is provided on the premise that registered medical institutions comply with laws and regulations regarding online medical care and precautions regarding various insurance systems (that online medical care should be performed as a complement to face-to-face medical care, etc.) Please check in advance with the registered medical institution whether their medical treatment in this service is in compliance with laws and regulations, and whether it can be covered by health insurance.
- This service cannot be used for urgent medical treatment. If you would like to apply for urgent medical care, please take necessary measures such as promptly requesting emergency transportation.
- The information on medical practice recorded in this service is not recorded for the purpose of substituting electronic medical records and other medical records (including electromagnetic records) of registered medical institutions. If you need a copy of a medical certificate, medical record, or other medical information, please request the registered medical institution to provide them.
- We do not guarantee that the questions and answers between the registered medical institution and the user who are using this service have been confirmed. If you find any problems with voice communication, please request the registered medical institution to provide information on medical treatment by an appropriate method.
- We do not guarantee that we will accept inquiries from users without delay.
Article 11 (Prohibitions)
- The Company prohibits users from performing the following acts.
- Acts that infringe or may infringe intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility model rights, trademark rights, know-how) of medical institutions that are not registered for this service, users, third parties or the Company.
- Acts that infringe or may infringe property or privacy of medical institutions that are not registered for this service, users, third parties or the Company.
- Acts that slander or may slander others, such as usage of abusive language.
- Acts that damage or encourage to damage honor or credibility.
- Acts that give or may give a hateful feeling.
- Acts that lead to or may lead to discrimination based on ethnicity, race, creed, gender, social status or family origin, or any other factors.
- Acts that cause or may cause harassment, regardless of means such as stalking.
- Acts that cause or may cause disadvantage, financial or mental damage to medical institutions that are not registered for this service, users, third parties, or the Company.
- Acts that are or may be offensive to public order and morals or acts that provide information that is offensive to public order and morals to medical institutions that are not registered for this service, users, or third parties.
- Violent expressions, solicitations for illegal activities, or acts that may lead to such activities.
- Criminal acts or acts that lead to or may lead to criminal acts.
- Acts of providing information that is or may be contrary to the facts.
- Election campaigns or similar acts, whether during or not during the election period.
- Unauthorized use of email addresses and passwords.
- The act of using this service by impersonating another person. (Using names other than yourself, giving names of a representative or an agent of an organization such as a company even though you do not have the right of representation or authority of representation, or pretending to be affiliated or to be in a cooperative relationship with another person or organization.)
- Acts that fall under or are likely to be solicitations or advertisements.
- The act of establishing or soliciting a pyramid scheme.
- Acts that claim efficacy of health foods and health appliances that violate the Pharmaceutical Affairs Law.
- Acts of providing information that leads to personal identification, such as specific individual names and facility names.
- Acts that violate or may violate laws and regulations in addition to those specified in the preceding items.
- Actions that are similar to the preceding items and that OPTiM and MRT deem inappropriate.
Article 12 (Interruption / cancellation of service provision)
- If the Company determines that any of the following items applies, the Company shall not provide all or part of this service regardless of the provisions of the attached sheet. We do not take any responsibility except for reasons attributable to the Company.
- When the Company could not obtain cooperation from registered medical institutions and it becomes difficult to provide this service.
- When a registered medical institution, a user or a third party commits or demands to commit an act that infringe or may infringe property, privacy, copyrights, portrait rights, or other rights.
- When the consent of a third party necessary to carry out the work requested by the registered medical institution has not been obtained.
- When the performance of this service becomes extremely difficult due to wars, riots, labor disputes, natural disasters (earthquakes, volcanic eruptions, floods, tsunamis, etc.), fires, power outages, and other emergencies.
- When there are unavoidable reasons such as maintenance or construction of buildings, electricity, communication lines, servers and other equipment used for this service.
- When the equipment or software required to provide this service stops due to a malfunction.
- When the telecommunications service used to provide this service is interrupted or discontinued.
- When it becomes difficult to provide this service due to other reasons attributable to the user.
Article 13 (Compensation for damages)
- When the user suffers damage caused intentionally by the Company or due to negligence in the Company regarding this service and if the damage is not recovered by measures such as amendment by the Company, the user can demand compensation against the Company for damages only if it complies with the scope and method stipulated in this agreement regardless of the legal basis.
- The Company shall not be liable for any special, incidental, indirect, or similar damages caused by the use or inability to use this service under any circumstances. These include loss of profit gained by users, loss of data, and damage caused by outflow or leakage of user information to the outside. In addition, even if we were warned about the possibility of such damage earlier, we will not be liable for such damage.
- The total amount of compensation to the user in Paragraph 1 shall be limited to 50,000 yen regardless of default of the Company’s obligation, non-fulfillment of legal liability for defects, unjust enrichment, tort or any other reason.
- In addition, the Company shall not be liable for any of the items listed in Paragraph 2 and it shall not be included in the calculation of the total amount of compensation.
- The Company shall not be liable for any claim for damages by users regarding the content of medical treatment by registered medical institutions.
- The provisions of this Article shall not apply to damages incurred by the user due to willful acts or gross negligence of the Company.
Article 14 (Collection and use of information from users)
- When using this service, the user must agree that each software of this service collects and uses information.
- This service may save the collected information on the terminal of a registered medical institution or on a server on the Internet. In addition, the information we collect includes security information and personal information.
- Upon using this service, at the time of starting this service, the user shall be deemed to have accepted that the Company will collect and use the following information for the following purposes. In addition, the information managed by the Company regarding medical practice shall be in accordance with the provisions of the next article.
- Information to be acquired
- 利User information (name, contact phone number, gender, date of birth, patient registration ticket number, photo from an identity verification card and patient registration ticket, etc., symptom content described / attached by the user, health data (blood pressure, heart rate, pulse rate, body temperature, blood sugar level, oxygen saturation, body weight, number of steps)
- Information that identifies the user’s terminal
- Operation log of each software itself
- Terminal model information
- IP address
- Other information necessary to realize the performance of this service and each software
- Purpose of use We will use the information mentioned above for the following purposes.
- Provision of this service and medical practice to users using each software
- Improvement of contents of this service and each software
- Communication between the Company / service provider and users
- Information provision on services of the Company and third parties from our company / service provider to users
- Collection and organization of statistical information after processing so that individuals are not identified, and provision of statistical information to third parties
- The Company may share the information in the preceding paragraph with service providers, etc. (referred to as “co-administrators”). For more information on co-administrators, please check the website of this service.
- We may share information about users that has been collected or processed into an unidentifiable state with a third party. In addition, in the following cases, the Company may process and disclose the information in Section 3 in a state in which the third party who receives the information cannot identify an individual.
- When the Company reasonably determines that disclosure is necessary in order to comply with applicable laws (including laws other than the country of residence of the information provider) or legal procedures.
- When disclosure is necessary to prevent physical injury or property damage, or to protect and secure the operation, rights, privacy, safety or assets of the Company, our affiliated companies, users or other information providers. (Including cases necessary to implement the provisions applicable to provide this service, to seek remedies available to us, or to limit the damages we may incur.)
- When we use the services of third-party service providers for web hosting, data analysis, payment processing, credit card processing, order processing, IT infrastructure and network supply, IT service, support and maintenance, customer service, mail delivery service, audit service and other similar services.
- When we carry out corporate restructuring, merger, liquidation, joint venture, transfer, relocation, or disposal of all or part of our business, asset, or stock (including cases in connection with bankruptcy or similar proceedings).
- When disclosure is necessary to improve public health or to promote the sound growth of children.
- When a request for cooperation is made by national or local governments, public organizations, or persons entrusted by them. (Including governments and public organizations other than the country of residence of the information provider, and persons entrusted by them.)
- When the information provider gives us explicit consent to disclose information.
- If there is any information to be acquired in paragraph 3 that the user does not wish to send because it corresponds to personal information, please contact us. However, due to the nature of this service, some of the functions of this service may not be available if the information is not acquired. In addition, this service must acquire information that identifies the terminal used by the medical staff belonging to the user. If you do not wish to disclose this information, please contact our personal information desk.
Article 15 (Consignment of management of information on medical practice)
- The Company manages the following information received from users when registered medical institutions perform medical treatment, under consignment from the registered medical institutions.
- User’s name
- Date of use of this service / Department of consultation
- Disease name given at the time of making a reservation through this service / during medical practice
- Communication content (image or audio data) between the user and registered medical institutions during usage of this service
- Information about diseases, etc. entered by the user at the time of making a reservation
- Records of diagnoses, examinations, instructions, medical prescriptions, etc. performed by registered medical institutions or doctors during medical practice
- Past consultation status of users
- Other information entered by the user or registered medical institutions in connection with medical practice
- The user shall agree that the Company will store all or part of the information specified in this article on behalf of registered medical institutions.
- The information specified in this article shall not be applied to the provisions of the preceding article and shall be managed in accordance with the instructions from registered medical institutions. Therefore, we will not directly respond to requests for deletion from users regarding the information specified in this article. If a request for deletion is made to us, we will promptly notify the registered medical institution.
- If the user needs to delete or confirm the information specified in this article, he / she shall make a deletion request or other inquiries to the registered medical institution.
- If the user wishes to delete the information specified in this article, all or part of this service may not be available. In this case, we can terminate the provision of this service to the user after consulting with the registered medical institution.
- Regarding the management of information in this article, the Company shall comply with the safety management system that complies with various laws, regulations and guidelines.
- The user shall agree that the Company will store the information specified in this article while we are entrusted by the registered medical institution, regardless of whether or not the user uses this service.
Article 16 (Protection of personal information)
- The Company will not provide personal information (personally identifiable information and information that can be personally identifiable by collating with other information) among the information stored in this service by the user, to a third party in a personally identifiable manner without the consent of the user. However, this does not apply in the following cases.
- When we reasonably determine that disclosure is necessary based on laws and regulations
- When it is necessary to protect the life, body or property of a person and it is judged that it is difficult to obtain the consent of the person
- When it is particularly necessary to improve public health or to promote the sound growth of children, and it is judged that it is difficult to obtain the consent of the person
- When it is necessary to cooperate with national institutions or local public organizations or persons entrusted by them to carry out affairs stipulated by laws and regulations, and it is judged that obtaining the consent of the person will hinder the performance of the affairs.
- When it is determined that it is necessary to transfer personal information in order to continue the service when the right holder of this service and the subject of the service have changed due to a merger or other reasons.
- Regarding payment of usage fees for this service, when providing information within the range necessary for credit card payments, etc. and to confirm the authenticity if there is a suspicion of fraudulent credit card payments, etc., to the payment agent affiliated with OPTiM or to credit card companies.
- Notwithstanding the provisions of the preceding paragraph, if necessary for maintenance of this service, security measures, etc., by notifying the user on the homepage etc., the information stored by the registered medical institution may be viewed by maintenance personnels or third parties entrusted by us.
- When we view information based on the preceding paragraph, we will keep the information we store confidential and will not leak it to OPTiM and other MRT employees and third parties.
- The Company shall take all possible security measures regarding the protection of user information, but intentional unauthorized access, theft, destruction, falsification, etc. of information stored by the user carried out by a third party (hereinafter referred to as “unauthorized access, etc.”) cannot be completely eliminated.
- In that case, we will cooperate in identifying the third party, etc., but if it is not caused by our negligence, we will not be liable for damages caused by unauthorized access, etc. and it shall be resolved between the user and the third party who has carried out unauthorized access, etc.
Article 17 (Prohibition of transfer of rights based on usage contract)
- The right of the user to receive the provision of this service based on the usage contract cannot be transferred to a third party.
- The Company may transfer all or part of rights related to the provision of this service, or entrust all or part of its business to a third party.
Article 18 (Cancellation)
- When the user intends to cancel the usage contract, he / she shall notify the Company by the method prescribed by the Company. In this case, the usage contract will expire on the last day of the month including the day the notification reaches us.
- After canceling the contract, you will not be able to use this service.
Article 19 (Contract termination)
- If the user falls under any of the following items, the Company shall be able to immediately cancel all or part of the usage contract without any notice or recommendation.
- When the Company determines that the user has violated this agreement
- When the information reported by the user is proven to be false or contains similar inaccurate information
- When the bill or check drawn and accepted by the user is subject to non-payment, receiving a disposition to suspend transactions with a clearing house
- When the user is filed for seizure, provisional seizure, provisional disposition or auction, or tax delinquency
- When the user has filed for bankruptcy proceedings, civil rehabilitation proceedings or corporate reorganization proceedings, or when the user has entered liquidation
- When the user tries to transfer all or a significant part of the business to a third party
- When the business license or business registration is revoked or the business is suspended by regulatory authorities
- In addition to the preceding items, when there is a deterioration of financial status or when there are considerable reasons for the possibility of such deterioration, or when there is a reason that makes it extremely difficult to continue this contract
- If the user falls under any of the items in the preceding paragraph, he / she will naturally lose the benefit of term and all monetary obligations to the counterparty shall be repaid immediately. In addition, the Company shall not be liable for any damage caused to the user due to the measures mentioned in the preceding paragraph.
Article 20 (Antisocial forces)
- The user shall declare and guarantee that he / she currently does not fall under the categories of a gangster organization, a member of a gangster organization, those who left a gangster organization but within the last five years, an associate member of a gangster organization, companies related to gangster organizations, corporate racketeers, etc., groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, etc. or an equivalent to these (hereinafter referred to as “gangster organizations, etc.”), and also that he / she does not and will not fall under any of the following items in the future
- To have a relationship in which a gangster organization, etc. controls or is substantially involved in management
- To have a relationship that is recognized as unfairly using gangster organizations, etc. for the purpose of gaining unfair profits for oneself or a third party or for the purpose of causing damage to a third party
- To have a relationship that is recognized as being involved in providing funds, etc. or granting favors to gangster organizations, etc.
- Officers or persons who are substantially involved in management is in a relationship which should be socially criticized with a member of a gangster organization, etc.
- When the user is found to be contrary to his / her declaration and guarantee in the preceding paragraph, or if it is reported in the news including the newspaper that the user falls under either a gangster organization, etc. or any of the items in the preceding paragraph, the Company can deprive the benefit of term and cancel the usage contract without any notice or recommendation
Article 21 (Severability of the contract agreement)
- Even in the event in which any of the provisions of this agreement is found invalid or its validity comes into question, the other provisions shall continue to be valid.
Article 22 (Governing law)
- This agreement is governed by the laws of Japan.
Article 23 (Exclusive agreement jurisdictional court)
- The Tokyo District Court shall be the exclusive agreement jurisdictional court of first instance for all disputes regarding this agreement, usage contract and this service.
October 23, 2020 established