Terms of service
These Terms of Service (hereinafter referred to as the "Terms") establish the conditions for the use of the services (hereinafter referred to as the "Services") provided by Japan MD Giken Co., Ltd. (hereinafter referred to as "the Company") on this website. Registered users (hereinafter referred to as "Users") shall utilize the Services in accordance with these Terms.
Article 1 (Applicability)
These Terms shall apply to all relationships between Users and the Company regarding the use of the Services. In addition to these Terms, the Company may establish various stipulations—such as rules for usage (hereinafter referred to as "Individual Provisions")—in connection with the Services. Regardless of their specific designation, these Individual Provisions shall constitute a part of these Terms. In the event of any conflict between the provisions of these Terms and the Individual Provisions mentioned in the preceding paragraph, the provisions of the Individual Provisions shall take precedence, unless otherwise specifically stipulated in said Individual Provisions.
Article 2 (User Registration)
User registration for the Services shall be deemed complete when an applicant for registration agrees to these Terms, submits an application for registration using the method prescribed by the Company, and the Company approves said application. The Company may decline an application for user registration if it determines that the applicant falls under any of the following circumstances; in such cases, the Company shall bear no obligation to disclose the reasons for such refusal: if the applicant has submitted false information in their registration application; if the application is submitted by an individual who has previously violated these Terms; or if the Company otherwise deems the registration to be inappropriate.
Article 3 (Management of User IDs and Passwords)
Users shall manage their User IDs and passwords for the Services with due care and at their own sole responsibility. Under no circumstances may Users transfer, lend, or share their User IDs and passwords with any third party. In the event that a user logs in using a combination of User ID and password that matches the registered information, the Company shall deem such access to constitute use by the user who is the registered holder of that User ID. The Company shall bear no liability whatsoever for any damages arising from the use of a User ID and password by a third party, except in cases where the Company is found to have acted with willful misconduct or gross negligence.
Article 4 (Usage Fees and Payment Methods)
As consideration for the paid components of this Service, users shall pay the usage fees—which are separately established and displayed on this website by the Company—using the payment methods designated by the Company. In the event that a user fails to pay the usage fees by the due date, the user shall be liable for late payment damages calculated at an annual rate of 14.6%.
Article 5 (Prohibited Acts)
When using this Service, users are strictly prohibited from engaging in any of the following acts: Acts that violate laws, regulations, or public order and morals; acts related to criminal activity; acts that infringe upon copyrights, trademarks, or other intellectual property rights—including those pertaining to the content of this Service; acts that disrupt or interfere with the functionality of servers or networks belonging to the Company, other users, or other third parties; acts of commercially utilizing information obtained through this Service; acts that may hinder the operation of the Company's services; acts of unauthorized access, or attempts thereof; acts of collecting or accumulating personal information or similar data regarding other users; acts of using this Service for fraudulent purposes; acts that cause detriment, damage, or discomfort to other users of this Service or other third parties; acts of impersonating other users; acts of conducting unauthorized publicity, advertising, solicitation, or business activities on this Service; acts aimed at meeting members of the opposite sex with whom one has no prior acquaintance; acts of directly or indirectly providing benefits to anti-social forces in connection with the Company's services; and any other acts deemed inappropriate by the Company.
Article 6 (Suspension, etc., of Service Provision)
The Company may, without prior notice to users, suspend or interrupt the provision of all or part of this Service if it determines that any of the following circumstances exist: when performing maintenance, inspection, or updates on the computer systems related to this Service; when the provision of this Service becomes difficult due to force majeure events, such as earthquakes, lightning strikes, fires, power outages, or other natural disasters; when computers, communication lines, or similar equipment cease to function due to accidents; or in any other case where the Company determines that the provision of this Service has become difficult. The Company shall not be held liable for any detriment or damage suffered by users or third parties resulting from the suspension or interruption of the provision of this Service.
Article 7 (Usage Restrictions and Registration Cancellation)
If a user falls under any of the following categories, the Company may, without prior notice to the user, restrict the user's access to all or part of this Service, or cancel the user's registration. In the event of a violation of any provision of these Terms; if it is discovered that any registered information contains false facts; in the event of a default on payment obligations (such as fees); if there is no response to communications from the Company for a certain period; if the Service remains unused for a certain period following the last instance of use; or in any other case where the Company deems the continued use of the Service to be inappropriate—the Company shall bear no liability whatsoever for any damages incurred by the User resulting from actions taken by the Company pursuant to this Article.
Article 8 (Withdrawal)
Users may withdraw from the Service by following the withdrawal procedures established by the Company.
Article 9 (Disclaimer of Warranties and Limitation of Liability)
The Company makes no warranties, either express or implied, that the Service is free from factual or legal defects (including, but not limited to, defects regarding safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, and security; as well as errors, bugs, and infringements of rights). The Company shall bear no liability whatsoever for any damages incurred by the User arising from or in connection with the Service. However, if the agreement between the Company and the User regarding the Service (including these Terms) constitutes a "consumer contract" as defined under the Consumer Contract Act, the foregoing limitation of liability provisions shall not apply. Even in the case specified in the proviso to the preceding paragraph, the Company shall bear no liability whatsoever for any damages incurred by the User arising from the Company's default on obligations or tortious acts—provided such acts are due to the Company's negligence (excluding gross negligence)—to the extent that such damages arose from special circumstances (including cases where the Company or the User foresaw, or could have foreseen, the occurrence of such damages). Furthermore, regarding damages incurred by the User arising from the Company's default on obligations or tortious acts—provided such acts are due to the Company's negligence (excluding gross negligence)—the maximum amount of compensation payable shall be limited to the total amount of usage fees received from the User during the month in which said damages occurred. The Company shall bear no liability whatsoever for any transactions, communications, disputes, or similar matters arising between a User and any other User or third party in connection with the Service.
Article 10 (Changes to Service Content, etc.)
The Company may, without prior notice to users, modify the content of the Service or suspend the provision thereof. The Company shall bear no liability whatsoever for any damages incurred by users as a result of such actions.
Article 11 (Changes to Terms of Use)
The Company may, whenever it deems necessary, modify these Terms at any time without prior notice to users. Furthermore, if a user commences use of the Service subsequent to a modification of these Terms, such user shall be deemed to have agreed to the modified Terms.
Article 12 (Handling of Personal Information)
The Company shall handle any personal information obtained through the use of the Service in an appropriate manner, in accordance with the Company's "Privacy Policy."
Article 13 (Notices and Communications)
Notices and communications between a user and the Company shall be conducted via methods designated by the Company. Unless the Company receives a notification of change from a user in a format separately prescribed by the Company, the Company shall deem the currently registered contact information to be valid and shall send notices or communications to said contact information; such notices or communications shall be deemed to have reached the user at the time of dispatch.
Article 14 (Prohibition of Assignment of Rights and Obligations)
Users may not assign their status under the Service Agreement, nor any rights or obligations arising under these Terms, to any third party, nor offer the same as collateral, without the prior written consent of the Company.
Article 15 (Governing Law and Jurisdiction)
The interpretation of these Terms shall be governed by the laws of Japan. In the event that a dispute arises in connection with the Service, the court having jurisdiction over the location of the Company's head office shall serve as the court of exclusive agreed jurisdiction.