1. APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
a. you agree to these Terms; and
b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2. CHANGES
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 6 September 2022.
3. DEFINITIONS
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about living individual which canidentify the specific individual by name, date of birth or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification ofthe specific individual).
Terms means these terms and conditions titled Website Terms of Use
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us, Noah or our means Noah & Zoey株式会社
Website means https://www.ofnoah.jp/home-en and https://jp.of.health/
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
“Providers” means logistic services; by medical professionals who are independent contractors associated with Noah & Zoey株式会社 and similar affiliated professional entities for communication,consultations, assessments, and treatment by such health care organizations andtheir providers.
"Content” means information on health care and wellness.
“Services” include but are not limited to (i) providing individuals with Content; (ii) providing individuals with pharmacy services; (iii) developing and gathering of health care records and health care information with retention of the same for use in health care provider appointments communications and pharmacy services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; (vi) providing telecommunications support for using the Services as a means of direct access to health care providers; and (vii) delivery of products and medications through Providers. We reserve the right to alter the scope of the Services at our sole discretion at any time without prior notice to you.
4. INTRODUCTION
We own and operate the Website. The Website is intended to facilitate the provision of the Services tor egistered users.
These Terms describe your rights and responsibilities with regard to the Website that you may use to receive the Services. Your access to and use of the Website is subject to these Terms, our Privacy Policy ofnoah.jp/privacy-policy, as well as all applicable laws and regulations.
5. ELIGIBILITY
5.1 In order to qualify to use the Services, the following must be true:
a. You are age 18 or over.
b. You are located in Japan.
c. You agree to be legally bound by and comply with these Terms.
5.2 You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through Noah. In addition to the above requirements, Noah and certain affiliated professional entities reserve the right to change or include new requirements for use as deemed appropriate in their sole discretion without providing prior notice to you.
6. REQUIREMENTS FOR USE
6.1 You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet, which you shall bear at your own cost.
7. SPECIAL CONSENT TO TELEHEALTH SERVICES
7.1 Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
a. Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
b. Interactions between a patient and health care provider via audio, video, and/or data communications; and
c. Use of output data from medical devices, sound, and video files.
7.2 The electronic systems used in the Services will incorporate network andsoftware security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption. Please note that there are various advantages and disadvantages to using a telehealth service as opposed to a conventional medical appointment. By accepting these Terms, you acknowledge your understanding and agreement to the following:
a. That you understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to you.
b. That you give your informed consent to the use of telemedicine by providers affiliated with Us.
c. That the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in your medical care and treatment may include uses of technology not specifically described in these Terms.
d. That you understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service, no such benefits or specific results can be guaranteed. Your condition may not be cured or improved, and in some cases, may get worse.
e. That you understand that our affiliated medical professionals may determine in his or her sole discretion that your condition is not suitable for treatment using telemedicine, and that you may need to seek medical care and treatment in-person or from an alternative source.
f. That the same confidentiality and privacy protections that apply to other health care services also apply to these telemedicine services.
g. That you have access to all of your health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
h. That you can withhold or withdraw your consent to these Terms at any time by emailing Noah & Zoey株式会社 with such instruction. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with the Providers.
i. That you agree to allow your Provider to share information regarding the telemedicine examination or consultation with other individuals for treatment, payment and/or health care operations purposes, at their sole discretion.
j. That you agree and authorize your Provider to release information regarding the telemedicine examination or consultation to Noah & Zoey株式会社 and its affiliates.
8. YOUR OBLIGATIONS
8.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
8.2 If you are given a User ID, you must keep your User ID secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to hello@ofnoah.jp.
8.3 You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
8.4 You must obtain our prior written permission to establish a link to our Website. If you wish to do so, email your request to hello@ofnoah.jp.
8.5 You shall indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
9. INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text,graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
10. DISCLAIMERS
10.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. the Website being unavailable (in whole or in part) or performing slowly;
b. any error in, or omission from, any information made available through the Website;
c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. For the avoidance of doubt, you are responsible for ensuring that the process by which you access and use the Website protects you from this;
d. any site linked from the Website. Any link on the Website to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or their contents, operations, products or operators; and
e. the acts, omissions, defaults, breaches or neglects of the Providers of its obligations and responsibilities in performing the Services as independent contractors.
11. LIABILITY
11.1 To the maximum extent permitted by law:
a. you access and use the Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
11.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any applicable consmer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited,our liability is limited to ¥$100,000.
11.3 For the avoidance of doubt, We do not take any responsibility for any medical advice administered by our affiliated third parties and Providers through this platform. We shall not beliable for the acts, omissions, defaults, breaches or neglects of the Providers of their obligations and responsibilities in performing the Services as independent contractors.
12. PRIVACY POLICY
We understand the importance of privacy with regards toyour medical and user records. To find out more about our privacy policy, please visit our privacy policy here ofnoah.jp/en/privacy-policy.
13. SUSPENSION AND TERMINATION
13.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
13.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
14. GENERAL
14.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
14.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the law of Japan. Each party submits to the non-exclusive jurisdiction of the Courts of Japan in relation to any dispute connected with these Terms or the Website.
14.3 For us to waive a right under these Terms, the waiver must be in writing.
14.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 8.5, 9, 10, 11 and 14.1, continue in force.
14.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
14.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel in all respects all previous agreements and undertakings, representations, warranties, assurances and arrangements of any nature, if any, between the parties with respect to the subject matter hereof, whether such be written or oral. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.