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Terms of Service

Notes

eCARE and eCARE Co., Ltd. are not medical institutions, and consultations are performed by doctors affiliated with affiliated medical institutions. eCARE Co., Ltd. provides a service platform that connects patients and doctors and supports online medical examinations and prescriptions. Online medical examinations are merely a complement to face-to-face medical examinations, and we ask that you conduct medical examinations using the best possible communication method by appropriately combining online video calls, face-to-face examinations, text chats, etc.

Article 1 (Definitions)
  1. "This Service" refers to a service platform that supports online medical consultations planned and operated by our company under the name "eCARE."

  2. "User" refers to an individual who uses this service to receive medical treatment at a registered medical institution.

  3. "This Site" refers to the website and applications through which the Company provides the Service to Users.

  4. "This Agreement" means the agreement between the Company and the User to provide the Service and for the User to pay the Service usage fees incurred in accordance with these terms and conditions to the Company and the registered medical institution.

  5. "Registered medical institution" refers to a medical institution that is registered with this service.

  6. "Registered physician" refers to a physician who belongs to a registered medical institution and is registered with this service, and who is engaged in medical treatment, prescribing medicines, etc.

Article 2 (Application)
  1. The purpose of these Terms and Conditions is to define the rights and obligations between eCARE Inc. (hereinafter referred to as "our company") and service users (hereinafter referred to as "our company") regarding the terms of service provision and the use of this service, and they apply to all relationships between users and our company regarding the use of this service.

  2. In the event of any inconsistency between the contents of these Terms and the explanations, help, Q&A, posts, guidelines, etc. of the Service outside of these Terms (hereinafter referred to as the "Rules"), the Rules shall take precedence, unless expressly stated in the Rules that the Terms take precedence.

  3. When a User accesses this Site and begins to use the Service, the User is deemed to have agreed to these Terms and Conditions, and a contract for the use of the Service, etc., in accordance with the provisions of these Terms and Conditions, is deemed to have been established between the User and the Company.

  4. The Company will provide this Service to the User on the premise that the User agrees to receive online medical treatment when using this Service.

  5. The Company provides this Service on the premise that, when a User uses this Service, the User agrees that doctors will not issue prescriptions.

  6. By using this service, the User agrees to receive communications regarding medical treatment, payment, and promotions via SMS, email, etc.

Article 3 (Users)
  1. Users shall use this service at their own discretion.

  2. When a User uses this Service, the User agrees to these Terms of Use and begins using the Service, which will constitute a contract for the use of this Service.

  3. In order to use the Service, the User must register as a user in accordance with the provisions of the Site. Each User may only create one account.

  4. Our company reserves the right to refuse to provide services to a user if the user falls under any of the following reasons. Our company shall not be held responsible for such refusal, nor shall it be obligated to explain the reason for such refusal.

    a. When a registered doctor instructs a user to have a "face-to-face" medical examination in accordance with laws and regulations and as necessary, but the user does not agree to the "face-to-face" medical examination or does not attend the examination
    b. If there is a risk of violating these Terms of Use or if it is discovered that a User has violated these Terms of Use in the past
    c. If you provide false information or fail to provide important information to us when registering
    d. In addition to a., if the Company determines that it is inappropriate for you to use the Service due to a violation of the Terms of Use, such as failure to follow the instructions of registered medical professionals, or questionable behavior toward other users or registered doctors, etc.

  5. Users are solely responsible for the content of the information they register on this service. The Company shall not be liable for any damages incurred by users arising from the information they register.

  6. Users shall, at their own responsibility and expense, prepare the environment necessary to use the Service (hardware, software, Internet connection, security, etc.).

Article 4 (Medical Treatment)
  1. "Medical treatment" in this service refers to a registered doctor using the registered medical institution's website to examine the user, prescribe medicines according to the user's health condition, and give advice. Our company has no involvement in the content of the medical treatment.

  2. Through this site, users can receive medical treatment from registered doctors at registered medical institutions.

  3. If a registered doctor refuses to treat a patient because the User has not provided the registered doctor with sufficient information about the User's health condition, symptoms, physical constitution, or other information related to the treatment, the Company shall not be held liable in any way for such refusal.

  4. When using this service to receive medical treatment, the User is obligated to provide the registered doctor in charge of the treatment with information regarding the User's health condition, symptoms, constitution, and other medical information in accordance with the provisions of this site or the instructions of the registered doctor in charge of the treatment. Even if the registered doctor is unable to provide appropriate medical treatment due to the User's failure to provide sufficient information, the Company, the registered doctor, and the registered medical institution shall not be held liable in any way.

  5. The Company shall not be liable for any damages, such as invasion of privacy, that occur when a User uses this Service to receive medical treatment and does not receive the treatment in a space that is physically isolated from the outside world.

  6. Registered doctors may discontinue medical practice due to circumstances. Please note that the Company shall not be held responsible for any discontinuation of medical practice by registered doctors.

  7. If a User has not previously had a face-to-face consultation, they may not be able to receive an online consultation through this Site.

  8. The Company does not guarantee that the User's use of the Service will result in the cure of the User's illness or disease or the completion of medical treatment.

  9. If, after an online consultation, a registered medical professional requests it, or if the User experiences any side effects or other abnormalities, the User is encouraged to promptly visit a medical institution in person.

  10. All medical procedures, including medical treatment and prescription of medicines, will be performed by the registered physician in charge of the treatment or the registered medical institution to which the physician belongs, and the Company shall not bear any responsibility for such procedures.

  11. Any inquiries, complaints, claims, disputes, etc. arising in connection with a contract for medical treatment between a user and a registered physician or registered medical institution shall be resolved between the user, the registered medical institution, and the registered physician affiliated with the registered medical institution.

  12. Users agree to understand and comply with the following items before using this service and receiving medical treatment and prescriptions.

  13. Our company reserves the right to refuse to provide services to a user if the user falls under any of the following reasons. Our company shall not bear any responsibility for such refusal, nor any obligation to explain the reason for refusal.
    a. You understand that there are security risks when using the system of this Service.
    b. Do not record, film, or photograph video calls without the doctor's consent.
    c. Do not provide doctor account information or other information to third parties not involved in medical treatment.
    d. Do not involve third parties in your communications with the physician.
    e. If you provide false information or fail to provide important information to us when registering
    f. When using this service, no calls should be made by the patient.
    g. In principle, unless requested by the doctor or contrary to instructions, do not provide medical care through the chat function or send files, etc.

Article 5 (Usage Fees)
  1. The usage fee for this service is the fee that will be presented to the user on the screen after the registered doctor has completed the consultation, and the user shall pay the usage fee for this service in the manner in which it is received by the registered medical institution.

  2. The service fee is the total amount of the medical treatment fee provided by registered medical institutions through this service, the cost of purchasing medicines, delivery fees, and our system usage fee.

  3. With regard to this service, the user agrees that registered medical institutions will transfer their drug purchase price claims to our company.

  4. We do not charge users any referral fees or intermediary fees to medical institutions.

  5. Among the Service fees, those that can be determined in advance will be clearly indicated on this website, in principle. However, since the contents of medical treatment and costs vary depending on the user's health condition, etc., the amount cannot be completely determined before the treatment.

  6. In this service, in principle, registered medical institutions designate medicines and users cannot designate medicines. Furthermore, medicines that are not presented to users by registered doctors cannot be handled through this service, regardless of the judgment of registered medical institutions, etc.

  7. Since consultations, prescriptions and dispensing will be carried out in the same way as at a regular medical institution, medicines cannot be returned, exchanged or cancelled.

  8. Payment of the service fee shall be made by credit card on the website of the registered medical institution. If there are any changes or errors in the registration information for credit card payment, the user shall immediately correct it on the website of the registered medical institution.

Article 6 (Prohibitions/Compensation for Damages)
  1. Users must not engage in any of the following acts:
    a. Providing false information
    b. Using the Service for the purpose of receiving medical treatment from another person or transferring medication to another person
    c. Any act of attempting to obtain unfair benefits for oneself or a third party in relation to the use of the Service
    d. Any act that infringes the intellectual property rights, privacy rights, or other rights or interests of others
    e. Any act that violates laws, regulations, internal rules of the industry association to which the Company belongs, or these Terms of Use.
    f. Transferring any information obtained through the Service to a third party beyond the scope of the intended use of the Service, or transferring such information for commercial purposes
    g. Any act of accessing without authorization the networks, systems or facilities (including facilities for the Service) of the Company or any third party related to the Service, or any act that interferes with or may interfere with the use or operation of such facilities by means of port scanning, DOS attacks, sending of mass e-mails, etc., or any other act of unauthorized access to or excessive burden on such facilities;
    h. Distributing information, devices, software, etc. to disable or circumvent the access control functions of servers, etc.
    i. Using the Service for purposes other than those intended by the Service
    j. Any act that libels or slanders individuals or groups
    k. Any act that violates public order and morals
    l. Any acts that violate laws and regulations
    m. Any action that interferes with the operation of this Service
    n. Any act that directly or indirectly induces or facilitates any of the acts specified in the above items
    Any other actions that the Company considers to be difficult to continue providing the Service.

  2. If a user violates any provision of these Terms and Conditions and causes damage to the Company, the user shall be liable to compensate the Company for damages.

Article 7 (Changes and deletions of information, termination of this Agreement, etc.)

If any of the following events occur, we may, without prior notice to the user, terminate this Agreement and suspend the use of the Service, or cancel the user's registration as a user of the Service, or take any other measures that we deem necessary.

  1. False registration and impersonation
    Using this service through false registration or impersonation is to deceive our company into providing the service, which constitutes fraud (Article 246, Paragraph 1 of the Penal Code), and may be subject to criminal punishment as it interferes with our business and constitutes obstruction of business by fraudulent means (Article 233 of the Penal Code). In addition, impersonation is prohibited by Article 3 of the Act on the Prohibition of Unauthorized Computer Access, and violations of this law are subject to criminal punishment (Article 11 of the same Act).

  2. Resale and transfer
    A pharmaceutical sales license is required to sell pharmaceuticals commercially, and reselling or transferring pharmaceuticals without a license is prohibited by Article 24, Paragraph 1 of the Act on Ensuring Quality, Efficacy and Safety of Pharmaceuticals, Medical Devices, etc., and any violation is subject to criminal penalties (Article 84, Paragraph 9 of the same Act).

  3. When the user violates these terms or is in danger of doing so

  4. If the Company determines that a User's use of the Service is inappropriate,

  5. If the Company determines that the User's use of the Service will cause disruption to the operation of the Service

Article 8 (Suspension and Termination of Service, etc.)

We may suspend or terminate the Service without prior notice to or consent from the User for any of the following reasons:

  1. When carrying out regular or special maintenance, updates, etc. of the system for operating this service

  2. When it becomes difficult to provide the Service due to force majeure such as virus damage, fire, power outage, or natural disaster.

  3. When it is necessary to take measures regarding a malfunction of the System caused by the intentional or negligent acts of a third party

  4. If the operation of the Service becomes difficult due to amendments or enactment of laws and regulations, etc.

  5. Any other reason that the Company deems it necessary to suspend or terminate the provision of the Service.

Article 9 (Disclaimer)
  1. The Company does not guarantee the accuracy, usefulness, completeness, etc. of the content of the information etc. registered and posted by Users etc. on the Service.
    a. Uninterrupted service
    b. The Service will not be error-free
    c. There is no disruption to communication lines, etc., when using this service
    d. There is no theft, destruction or alteration of any content on this site.
    e. There will be no unauthorized access, hacking or other cyber attacks against this site
    f. No other malfunctions in communication facilities will occur.
    g. Responsibility after product shipment (delivery accidents and delays)

  2. The Company does not guarantee the following regarding the use of this Service:

  3. The Company shall not be liable for any changes, deletion or loss of user information by the Company, changes to the content of the Service, suspension or termination of the provision of the Service, inability to use the Service, loss of data or failure or damage to equipment due to the use of the Service, or any other damage suffered by the User in connection with the Service.

  4. Users shall use this service at their own risk, and the Company shall not be liable for any decisions or actions taken by users based on the information provided by this service, except in cases of intentional or gross negligence on the part of the Company.

  5. Even if the user's information is changed or deleted, if this Agreement is terminated, if the content of this Service is changed, or if this Service is suspended or terminated, this will not affect the content of the medical treatment contract established between the user and the registered physician or the registered medical institution to which the user belongs.

  6. The Company does not guarantee that the User's use of the Service will result in the cure of the User's illness or disease or the completion of medical treatment, nor does it guarantee that a registered doctor or the registered medical institution to which the registered doctor belongs will begin or continue medical treatment for the User.

  7. Regardless of whether or not it is related to the use of this service, if you feel unwell or experience any physical abnormalities, you should immediately visit the nearest medical institution, regardless of whether it is a registered medical institution.

Article 10 (Changes to Terms)

We may change these Terms at any time without obtaining the consent of the user, and when we change these Terms, we will promptly post the changed Terms on this website.

Article 11 (Governing Law and Court of Jurisdiction)

The governing law of this Agreement, including this Service and these Terms, shall be the laws of Japan. Any disputes arising from this Agreement, including this Service and these Terms, shall be submitted to the exclusive jurisdiction of the Yokohama District Court or the Yokohama Summary Court as the court of first instance.

Enacted: July 1, 2024

eCARE Co., Ltd.

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