Terms of Use
CLINIC TEN SHIBUYA
1. Application of the Terms
- These Terms of Use (the "Terms") set out the matters to be observed by any person who uses the medical services (including the provision of medical information; the "Service") provided by CLINIC TEN SHIBUYA (the "Clinic"), as well as the relationship between such users (each, a "User") and the Clinic.
- A User shall use the Service only after fully understanding and agreeing to comply with these Terms. By commencing use of the Service, the User is deemed to have agreed to comply with these Terms and any individual terms.
2. Conditions of Use
- The User must provide accurate and up-to-date information to the Clinic when using the Service.
- The Clinic may, as necessary, request presentation or submission of the User's identity-verification documents. The Clinic may deny use of the Service where it deems it inappropriate, such as where use would violate laws, public order and morals, or the Clinic's standards.
3. Content and Method of Use of the Service
The User may receive the following services from the Clinic:
- Health checkups (including provision of results and health guidance);
- Provision of medical information (including information provided online and on the website);
- Consultations (including online consultations) and prescription of medicines (including issuance of prescriptions);
- Dispensing and medication guidance based on a physician's or dentist's prescription;
- Provision of wellness facilities.
The User shall complete the Clinic's prescribed registration as necessary and may make reservations through the Clinic's designated system by the following deadlines: for a health checkup, until the day before; for a consultation, until 15 minutes before the start time.
A User may cancel the above reservation through the Clinic's designated system by the following deadlines: health checkups, outpatient (self-pay), and dental (both self-pay and insured) — up to 24 hours before the reserved time; outpatient (insured) — up to 2 hours before the reserved time. If a reservation is not performed and has not been cancelled after the applicable deadline, or if the Clinic determines it cannot provide the Service at the reserved time (including, but not limited to, cases where the User is late or fails to bring items designated by the Clinic), the Service is deemed cancelled.
If a consultation (self-pay only) is cancelled after the cancellation deadline in the preceding paragraph, the User shall pay a cancellation fee of ¥5,500 (¥2,750 if prior notice is given; both tax-inclusive). If a consultation (insured) is cancelled, the Clinic may restrict the User's use of the Clinic's designated system.
4. Fees and Payment
- The User shall pay the Service usage fees by credit card through the Clinic's designated payment system by the payment due date.
- Where the User and the billing party differ, the billing party bears the payment obligation, and the User jointly and severally guarantees it. The User shall faithfully observe, or cause the billing party to observe, each provision of these Terms.
- If the User fails to pay the fees, the User shall pay the Clinic late-payment damages at the rate of 14.6% per annum on the outstanding balance from the day after the due date until the date of full payment.
5. Acquisition and Third-Party Provision of Information
The Personal Information, special-care-required personal information, and other information relating to Users (collectively, "Personal Information, etc.") that the Clinic may acquire in operating the Service is as follows:
- Information identifying a specific individual — name, date of birth, address, age, gender, e-mail address, SNS account, health-insurance-card number, identifiers, codes, images, voice, and other descriptions (personal information under Article 2(1) of the Act on the Protection of Personal Information);
- Medical history in medical records and treatment/dispensing information the Clinic learns regarding the User's physical condition, illness, or treatment; results of health checkups and insurance guidance; the fact of a disability; the fact of harm from a crime (special-care-required personal information under Article 2(3));
- The User's device model name, OS version, language/region/time-zone settings;
- AAID / IDFA (advertising IDs), IP address, access date and time, browsing information, and behavior/operation history within the Service;
- Credit card information and other information necessary for payment.
The Clinic handles Personal Information, etc. in accordance with its separately established Privacy Policy, and obtains the User's individual consent when providing special-care-required personal information to a third party (including, without limitation, the provision of treatment information to a dispensing pharmacy).
6. Subcontracting
The Clinic may outsource all or part of the Service to third parties, including affiliated medical institutions.
7. Ownership of Rights
- All intellectual property and other rights relating to the Service belong to the Clinic. Use of the Service does not grant the User any license to use the intellectual property contained in the Service beyond the intended purpose of use.
- The User may not reproduce, transmit, transfer, lend, translate, adapt, sublicense, or otherwise use the Service by any means.
8. Prohibited Acts
In relation to the Service, the User shall not perform, and shall not cause a third party to perform, any of the following:
- Acts that violate these Terms;
- Reproducing, modifying, distributing, selling, or leasing the Service;
- Using the Service for commercial purposes;
- Using the Service with the aim of altering or interfering with it;
- Deciphering, analyzing, decompiling, disassembling, or reverse-engineering the servers, systems, or the information and communications they generate;
- Improperly collecting, disclosing, or using other Users' Personal Information, etc.;
- Impersonating another individual or entity, or pretending to be affiliated with one;
- Intentionally exploiting bugs or malfunctions, or improperly manipulating the Service;
- Infringing the rights (including, without limitation, intellectual property rights) of the Clinic or third parties;
- Providing benefits to or otherwise cooperating with anti-social forces;
- Acts likely to cause serious damage to the Clinic or a third party;
- Any other act the Clinic deems inappropriate.
9. Disclaimer
- The Clinic may suspend or discontinue the Service if it determines any of the following applies: force-majeure events (including, without limitation, hacking, computer-virus intrusion, fire, earthquake, flood, power outage, epidemic, war, strikes, riots, trade suspension, inability to secure materials or transport, or intervention by governmental authorities); a shortage of attending physicians or medical staff making it difficult to provide the Service; operational or technical necessity; or other reasons not attributable to the Clinic making provision impossible.
- If the User uses subsidies from a health insurance association (including cases where the association's share is advanced), the User shall apply for the necessary documents themselves; if the User fails to apply, the User shall pay the Clinic an amount equal to the subsidy the Clinic could otherwise have claimed.
- The Clinic shall bear no liability for damage to a User or third party arising from the following, except in cases of the Clinic's willful misconduct or gross negligence: defects in the specific functions, reliability, availability, accuracy, or legality of information provided as the Service (including, without limitation, diagnostic results); the User's failure to prepare necessary equipment or communication means; trouble, disputes, or damage between the User and a User or third party; damage due to failure of the computer systems and servers for the Service; damage based on the User's device, line, or software environment; damage based on improper use or false declarations; damage to computers, lines, or software due to third-party alteration/destruction, unauthorized access, or virus infection; and delays, changes, suspension, discontinuation, or loss of information provided through the Service.
- If the User suffers damage from use of the Service, the Clinic shall compensate up to ¥1,000,000, except in cases of the Clinic's willful misconduct or gross negligence.
10. Compensation for Damages
If a User violates any provision of these Terms or fails to perform, and causes damage to the Clinic due to reasons attributable to the User, the User shall compensate the Clinic for the damage incurred.
11. Notices
- Notices from the Clinic are made by posting on the Clinic's website or by other means the Clinic deems appropriate, and are deemed to have arrived when they would normally arrive.
- Notices from the User to the Clinic are made by submitting the inquiry form placed on the Clinic's website, through the Clinic's designated system, or by a method designated by the Clinic. The Clinic may be unable to respond to requests for media interviews.
- Notwithstanding the above, the Clinic may suspend or change the Service without prior notice to Users for maintenance associated with improving security or performance, or for monitoring.
12. Changes to the Terms
The Clinic may change these Terms. When the Clinic changes these Terms, it will notify Users of the change; if a User uses the Service after such notice, the User is deemed to have agreed to the change. A User who does not agree to the change may not use the Service.
13. Exclusion of Anti-Social Forces
- The User warrants that they do not and will not — in the past, present, or future — fall under anti-social forces (organized crime groups, their members or quasi-members, related companies, corporate racketeers, groups engaging in criminal activities under the guise of social movements, special intelligence violence groups, or equivalents), and that they will not engage in violent acts, fraud or intimidation, obstruction of business, or other acts that violate or may violate laws.
- If a User violates the preceding paragraph, the Clinic may, without any notice, take measures such as suspending use of the Service. The User may not make any claim against the Clinic even if damage arises from such measures.
14. Jurisdiction
In the event of a dispute regarding these Terms, the Tokyo Summary Court or the Tokyo District Court shall be the court of exclusive jurisdiction of first instance by agreement.
This English text is provided for the convenience of our patients and visitors. It is a translation of the official Japanese notice published on clinicten.jp; in the event of any discrepancy, the Japanese version shall prevail.