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 Services” (hereinafter referred to as “Terms” or “Agreement”).
- The purpose of this service is to provide remote medical health consultation. Users of this service (hereinafter referred to as “the user,”) are requested to use this service at their own risk. Please note that MRT and the Company shall not be held responsible for any inconvenience, disadvantage, or damage caused by the use of this service, responses to consultations, or advice. In addition, there shall be no relationship of rights and obligations between the Company and the User with respect to “the Company” and other terms and conditions described in Article 12 (About the Service), Article 15 (Disclaimer), Article 18 (Collection and Use of Information) and Article 21 (Exclusive Jurisdiction) of the Terms of Service.
- 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 medical health consultations at pre-arranged times.
||An agreement for users to be provided with this service from us based on this agreement
||Persons who receive medical services from registered medical institutions using this service.
||Services provided by the Company or third parties in conjunction with the Service.
Article 4 (Unit of contract)
- The Company concludes one usage contract for each contract.
Article 5 (Application)
- To apply for a contract to use this service, please agree to the terms and use the prescribed method specified by the Company.
- In order to use all of the services, the following application procedures are required.
Article 6 (Acceptance of Application)
- When there is an application for a usage contract, we will accept it in the order in which it is received.
- Notwithstanding the provisions of the preceding paragraph, the Company may postpone the acceptance of the application for business reasons.
- Notwithstanding the provisions of the preceding two paragraphs, the Company may not accept the application if any of the following items apply.
- When the application contains false information, errors, or omissions.
- When there is a risk that the person who has applied for the usage contract will fail to pay the obligations arising from this agreement.
- When the person who applied for the usage contract has violated this agreement.
- When the normal fee contract does not belong to the membership contract designated by the person who applied for the usage contract.
- When there are other obstacles to the execution of our business.
- The contract for use of the service shall be concluded when the Company or the partner service provider notifies the user of the information necessary to use the service (code for member verification, telephone number for this service, etc.) by mail or e-mail.
Article 7 (Use of the Service and Partner Services)
- Users are requested to use the Company’s website when they wish to use the Service and affiliated services.
Article 8 (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 9 (Cancellation of the Usage Contract by the User)
- When the user intends to cancel the usage contract, the user shall notify the company in advance using the method prescribed by the company.
Article 10 (Cancellation of the Usage Contract by the Company)
- In the event that any of the following items apply, the Company shall be able to cancel the usage contract without any notice to the user.
- 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 Company judges that it is inappropriate to continue the usage contract for other reasons.
- 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 11 (Termination of the Usage Contract)
- In addition to the preceding two articles, the subscription agreement shall be terminated at the end of the billing month that includes the day on which the event occurred, if any of the following events occurs.
- When the membership contract is terminated.
- When there is no longer a regular fee contract belonging to the membership agreement.
- 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 12 (About the Service)
- The answers and advice given by doctors in this service are not medical treatment (medical treatment).Users should be fully aware of this and use this service at their own risk, and if necessary, take appropriate measures such as visiting a medical institution at their own discretion. Please note that the Company shall not be held responsible for any inconvenience, disadvantage, or damage caused by the answers or advice provided by this service.
- Users must acquire points through purchases made by said users themselves if they wish to use all of the Services. If a user wishes to acquire points, please follow the instructions on the service screen to make a purchase. The payment methods that can be used to purchase points and the operations required to complete the purchase process shall all be in accordance with the indications on the service screen.
- The Company may cancel all or part of the points held by a user without prior notice to the user if the Company deems that any of the following items apply.
- In cases where illegal or dishonest activities are deemed to have occurred.
- When this service is discontinued.
- The user shall not commit any of the following acts when making an appointment for consultation.
- Cancellation of an appointment without notice.
- Entering contents that do not match the purpose of this service on the consultation input screen of this service.
- Disturbing the Company, doctors, or third parties.
- When a user cancels an appointment for consultation, the user shall follow the cancellation procedure indicated on the service screen. In the event that the doctor in question suffers damage as a result of failing to follow the procedures, the user shall bear responsibility for compensation for said damage.
Article 13 (Payment of Usage Fees)
- The Company will not reduce or exempt the usage fee or refund the usage fee already received unless otherwise specified in this Agreement.
- When the User uses the Service, the User shall pay the usage fee in accordance with the method set forth by the Company or the sales agent, etc.
Article 14 (Exclusions)
- 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 it becomes difficult to provide this service due to lack of cooperation from the user.
- When requested to perform an act that infringes or may infringe on the property, privacy, copyright, portrait rights, or other rights of others.
- When the Company is requested to perform an act that falls under the category of unauthorized access, a criminal act or an act that induces or incites such an act, or an act that is offensive to public order and morals, or any other act that the Company deems inappropriate.
- When the consent of a third party necessary to carry out the work requested by the user 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 15 (Disclaimer)
- Our company shall not be liable for any damage, etc. incurred by users in relation to the provision of this service, except in cases where such damage, etc. is caused by our company’s intentional or gross negligence.
- The Company does not guarantee the accuracy, legality, completeness, or usefulness of any content exchanged using the Service. Even if a resolution cannot be reached, the Company will not refund the usage fee.
- The Company does not guarantee that inquiries from users will be received without delay. If there is a high volume of inquiries, it may be difficult to connect to the inquiry desk.
- This service is provided using the application “zoom” installed on the communication device, and the video and audio through the camera, etc. in the device are recorded and transcribed.
- The contents of the consultation, etc. that the user describes in the application (hereinafter referred to as the “Contents of the Consultation, etc.”) will be stored on the server and will be disclosed to the doctor through the application. In addition, all of the Contents of the Consultation, etc. (excluding the User’s personal information as defined in Article 21) are shared among the Users through the Application. The Company reserves the right to delete or edit all or part of the Consultation Record, etc.
- All copyrights (including the rights stipulated in Article 27 and Article 28 of the Copyright Act) related to the information, etc. provided by the user in this service shall belong to this company, and the user shall not exercise his/her moral rights. In addition, any recordings made by the Company within the Service will be used solely for the purpose of improving the quality of the Service, and will not infringe on the rights of users.
Article 16 (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 of harassment, regardless of means such as stalking, or any act that may cause harassment.
- Actions 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 with 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.
- Other actions that fall under the category of commercial activities.
- Any other actions that violate or may violate laws and regulations.
- Any other actions that the Company deems inappropriate.
Article 17 (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 the 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.
- No claim for compensation for damages by the user against the Company may be made unless a written claim is made to the Company within three (3) months of the occurrence of the damage or three (3) months after the termination of the contract between the Company and the user, whichever is shorter.
- The total cumulative amount of damages in Paragraph 1 shall be three 3 times the usage fee set between the Company and the User in the month or year in which the relevant damage occurred, regardless of the cause of claim, such as default, legal liability for defect, unjust enrichment, tort, etc. 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 provisions of Paragraphs 2 through 4 shall not apply in cases where the User is a consumer (limited to individuals who are not using the Service for business purposes) and is therefore subject to the Consumer Contract Act of Japan. In this case, if the Company is intentionally or grossly negligent, the Company shall compensate the user for the damages incurred, and if the Company is only slightly negligent, the Company shall bear the obligation to compensate up to the amount specified in Paragraph 4.
- Even in cases where the Company is obligated to compensate for damages in accordance with the provisions of this Article, if damages are caused by the superposition of the negligence of the Company and the User (including minor negligence), the negligence of the User shall be taken into consideration and the negligence of the Company shall be offset.
Article 18 (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.
- Information to be acquired
- 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)
- Voices of users and doctors during the consultation
- 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. However, the consultation history specified in the previous paragraph (1)(ア) (limited to those with medical treatment details that include personal information requiring consideration) and the previous paragraph (1)(イ) will not be provided to the co-managers or to any third party as information that can identify specific individuals.
- We may share information about users that have 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 the 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 services, 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, the Service must obtain information that identifies the user’s device. If you do not wish to have such information disclosed, you must uninstall the software of the Service and discontinue its use. For details, please contact our Personal Information Desk.
- The Company will retain the information specified in Section 3 for three years after acquisition. After the said retention period has elapsed, the user may not request the Company to disclose the said information.
- The customer shall confirm and agree that the information obtained by the Company in this Article is not related to medical treatment but to medical consultation, and therefore the Company is not obligated to store such information in accordance with the Medical Practitioners Act, Medical Care Act, or other laws and regulations.
Article 19 (Stored information. 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, 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, 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, when necessary for the maintenance of this service or for security measures, etc., the Company may notify the user via the website, etc., and the information stored by the user may be viewed by the relevant maintenance personnel or a third party entrusted by the Company.
- In the event that the Company accesses information in accordance with the preceding paragraph, the Company will keep the information it stores confidential and will not divulge it to other employees of the Company or to 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 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 20 (Governing law)
- This agreement is governed by the laws of Japan.
Article 21 (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