Terms of Service
Mind Health Measurement System (for Group)
These Terms of Service shall be executed in Japanese, and the English translation attached to these terms of service shall be attached for reference only, and the English translation shall not be binding on any parties.
These Terms of Service govern the use of the “Mind Health Measurement System (for Group)” service (hereinafter, “Service”) provided by Risk Measurement Technologies Co., Ltd. (hereinafter, “RimTech”). Please use this service after agreeing to these terms.
Article 1 (Definition)
The definitions of terms used in this agreement are as follows.
(1) Service: “Mind Health Measurement System (for Group)” service provided by RimTech.
(2) User: All corporations or organizations who use the Service.
(3) Superintendent (Supt.): The person specified as the administrator of the Service by the User. The person must be an employee of the User or equivalent.
(3) ID: Code used to identify the User and other people for the use of the Service.
(4) Password: Encryption set uniquely by the User corresponding to the ID.
(5) Personal information: Information about the customer, such as address, name, occupation, telephone number, etc., and information such as the usage status of the Service. A general term for information that can identify customers individually by one or a combination of these pieces of information.
(6) Registered information: A general term for information registered by the User when using the Service.
(7) Intellectual property: Inventions, inventions, new plant varieties, designs, works, and other products created by human creative activities (natural laws or phenomena that have been discovered or elucidated and that have industrial potential) ), Trademarks, trade names and other products or services used in business activities, and trade secrets or other technical or business information useful for business activities.
(8) Intellectual property rights: Patent rights, utility model rights, breeder’s rights, design rights, copyrights, trademark rights, and other intellectual property rights that are stipulated by law or interests that are protected by law.
Article 2 (Consent to these Terms)
1. The User can use the Service after agreeing to these Terms of Service.
2. After the User agrees to these terms and registers as a User of the Service, a User agreement (hereinafter, “Agreement”) shall be established between the User and the Company in accordance with the provisions of these terms.
Article 3 (Revision of Terms)
1. The Company revises the contents of these Terms at any time without the User’s consent, and the User shall accept this without objection.
2. If the Company revises these Terms, the Company determine the effective date of the revised content with the method prescribed by the Company, and the Company notifies the Supt. of the User 14 days prior to the effective date of the revised content.
3. The revision of the preceding Terms shall take effect on the effective date determined by the Company in the preceding paragraph. 4. The User shall be deemed to have accepted the revised Terms without any objection when the User uses the Service without any request to the Company after revising the Terms.
Article 4 (Registration)
1. The User should register in the prescribed method after agreeing to these Terms.
2. The Company will notify registered Users by e-mail and provide advertising and other information to registered Users. We’d appreciate if you can take this into your consideration.
3. Registered Users shall notify the Company of any change in registered information with the least delay.
4. The Company may suspend the service at the discretion of the Company if the User falls under any of the following provisions.
(1) The User has registered regardless of the method determined by the Company.
(2) The User has been suspended from using the services provided by the Company for violating the Agreement or other terms of service provided by the Company in the past.
(3) The Company determines that the User has registered by unauthorized method.
(4) The User has registered information of others.
(5) The Company determines that it is inappropriate based on rational reason.
Article 5 (Account Management)
1. The User shall manage and store the registered information at his / her own risk. The User shall not allow this to be used by a third party or lend, transfer, change the name, or buying and selling.
2. The Company can treat the use of this service according to the registration information as being used by the employees who are authorized to use MiHMS by the User. The consequences of the use and any liability associated with it shall belong to the User.
3. The User shall compensate the Company and third parties for any damages caused to the Company or third parties due to the unauthorized use of the registered information without intentional or gross negligence of the Company.
4. The User shall manage the registered information at his / her own risk, and the Company shall not be liable for any disadvantage or damage suffered by the User (includes the employees who are authorized to use MiHMS by the User and equivalent.) due to the incorrect or false registration information.
5. If it is found that the registered information has been stolen or used by a third party, the User shall immediately notify the Company and follow the instructions from the Company.
Article 6 (Usage Fee)
1. The usage fee for the Service shall be in accordance with the content separately determined by the Company.
2. The user shall pay the usage fee of this service by credit card payment or a method separately determined by our company. In the case of transferring cash to a bank account designated by the Company, the transfer fee shall be borne by the User.
3. The Company will not refund the paid usage fee to the User unless otherwise specified by law or regulation, or other terms of service.
Article 7 (Treatment of personal information)
2. The Company will use personal information obtained through the provision of the Service only for User registration when the User uses the Service and for the related operations.
3. Based on Act on the Protection of Personal Information and rules of the Personal Information Protection Commission, the Company will handle data of personal information obtained through the provision of the Service so that nobody can identify a specific individual, and then use it or provide it to third parties.
Article 8 (Prohibited Acts)
In using the Service, the Company prohibits the following acts from Users. If the Company determines that a User has violated the prohibited matter, the Company will suspend the use of the Service temporarily, suspend use (including deletion of User registration), and takes other treatment that the Company deems necessary based on rational reasons.
(1) The User violates the intellectual property rights of the Company or third parties.
(2) The User damages the honor or reputation of the Company or a third parties, or that unfairly discriminates or slanders the Company or third parties.
(3) The User infringes or may infringe on the property of the Company or third parties.
(4) The User causes financial damage to the Company or third parties.
(5) The User threatens the Company or third parties.
(6) The User uses computer viruses or harmful programs or induces to use them.
(7) The User stresses and places on excessive burden on the infrastructure equipment for the Service.
(8) The User attacks on our servers, systems and security.
(9) The User attempts to access the Service by any method other than interface provided by the Company.
(10) The User registers multiple accounts in an unauthorized method.
(11) In addition to the above, acts that the Company deems inappropriate based on rational reasons.
Article 9 (Cancellation)
1. The User can unsubscribe from the Service by a prescribed method. The unsubscribed User cannot use the Service at the cancellation.
2. After withdrawing from the Service, the User shall remain liable to the Company or any other third parties for any obligations and debt owing under these Terms of Service (including, but not limited to, the fee for using the Service and the liability for damages up to the date of withdrawal). If the debt to the Company remains at the time of withdrawal, the User will, of course, lose the profit on the obligation and will have to pay all the debt to the Company immediately.
3. The Company shall be able to retain and use the information provided by the User even after the User has unsubscribed the Service.
4. The Company can delete the User’s account at the discretion of the Company after the User unsubscribe from the Service.
5. If the User wants to use the Service after unsubscribing from the Service, the User should register again. In this case, the User shall consent in advance that the data before the termination will not be transferred.
Article 10 (Termination of the Service)
1. The Company shall be able to change or add all or part pf the contents of the Service without giving prior notice to the User.
2. The Company may terminate the provision or operation of the Service in whole or in part at the discretion of the Company. In these cases, the Company will notify the User in such manner as the Company deems appropriate. However, in case of emergency such as due to force majeure such as a natural disaster, the Company will not notify the User.
3. The Company shall be able to temporarily suspend all or part of the Service without prior notice to the User in the event of any of the following provisions.
(1) The Company maintains or troubleshoots to hardware, software, communication equipment, etc. related to the Service regularly or in an emergency.
(2) The load is concentrated on the system due to excessive access or other unexpected factors.
(3) It is necessary to ensure the Uther’s security.
(4) Telecommunications carrier services are not provided.
(5) It is difficult to provide the Service due to force majeure such as a natural disaster.
(6) It is difficult to provide the Service due to fire, power outage, other accidents or war, dispute, turbulence, riot, labor dispute, etc.
(7) It is difficult to provide the Service due to laws and regulations or measures based on laws and regulations.
(8) The Company deems it necessary in accordance with the preceding provisions.
Article 11 (Discharge)
1. The Company shall not be liable for any damages resulting from changes, interruptions, or terminations of the Service.
2. The Company will not be involved and do not take any responsibility with the User’s (includes employees of the user who are authorized to use it. The same shall apply hereinafter in this Article.) environment for using the Service at all.
3. The Company does not ensure that the Service meets the specific purpose of the User, that it has the expected function, commercial value, accuracy, and usefulness, and that the use of the Service will be governed by laws or regulations (includes internal rules such as industry associations) for the User, and do not guarantee that no failures will occur.
4. The Company does not guarantee that the Service is compatible with all devices. The user accepts in advance there is a possibility that the operation of this service may malfunction due to the upgrade of the OS of the devices used for using the Service. The Company does not guarantee that any such problems will be resolved by modifying the program, etc., performed by the Company.
5. The Company shall not be liable for any damages caused directly or indirectly to the User by using this service.
6. The Company do not take any responsibility of business interruptions and any other damages (including indirect damages and lost profits) though the Company is informed in advance of the possibility of damages to the Users and other third parties for damage opportunities.
7. The provisions of Paragraphs 1 to previous above shall not apply if the Company has intentional or gross negligence or if the User falls under the Consumer Contract Act.
8. Even in the case where the previous paragraph applies, the Company shall not be liable for any damages arising from special circumstances, even if damages are caused to the User due to negligence (excluding gross negligence) of the Company.
9. If the Company are liable for damages from the use of the Service, the Company will be liable up to the amount of the usage fee received from the User in the month in which the damage occurs. However, if the Company is intentionally or grossly negligent or the user falls under the Consumer Contract Act, the above phrase “Usage fee received from the User in the month in which the damage occurred” is deemed to be replaced with “Usage fee received from the user for one year by the month in which the damage occurred” and if the User’s usage period is less than one year, the above phrase “Usage fee received from the User in the month in which the damage occurred” is deemed to be replaced with “Usage fee for the entire usage period by the time of liability damages.”
10. The Company shall not be liable for any dispute or trouble between a user and another user. In the event of a trouble between the User and another User, the both shall resolve the trouble and shall not make any claim to the Company.
11. In the event of damages to other Users or in the event of a dispute with a third party from the use of the Service, the User shall be liable for such damages and resolve dispute at his / her own expense and responsibility, and the User shall not cause any inconvenience or damage to the Company.
12. If third parties claim damages, etc. to the Company from third parties due to the user’s actions, the User should resolve at the user’s expense (including but not limited to lawyer’s expense) and responsibility. If the Company pay damages to the third parties, the User will pay the Company any damages (including attorneys’ fees and lost profits) including such damages.). 13. If the User damages the Company from the use of the Service, the User will be liable for damages (including litigation and attorneys’ fees) to the Company at the User’s expense and responsibility.
Article 12 (Placement of Advertising)
The User understands and accepts that any advertisements may be included and the Company or its affiliates may post any advertisements on the Service. The form and scope of advertising on the Service will be changed by the Company from time to time.
Article 13 (Prohibition of Transfer of Rights)
1. The User shall not transfer the status under these Terms of Service or all or part of the rights or obligations under these Terms to a third parties without the prior written consent of the Company.
2. The Company may transfer all or part of the Service to a third party at the discretion of the Company, in which case, within the scope of the transferred rights, including the user’s account, all rights shall be transferred to the transferee.
Article 14 (Cancellation of the Agreement)
1. The Company may cancel the Agreement immediately without giving any notice to the User in the following cases.
(1) The User violate the provisions of these Terms.
(2) The user has filed for bankruptcy, civil rehabilitation proceedings, corporate rehabilitation, special liquidation, etc., or has entered liquidation.
(3) It is deemed that a significant change in assets or credit condition may make it difficult to fulfill obligations under these Terms and the Agreement.
(4) The usage fee prescribed in Article 6 is overdue for more than two months.
2. The user can cancel the Agreement by giving notice to the Company at least 30 days in advance.
Article 15 (Termination of the Agreement)
1. The Agreement terminates when the Company terminates the Service, suspends the use of the Service by the User, or the User unsubscribes. However, the provisions of Article 4.2, Article 7, and Article 11 shall remain valid even after the termination of the Agreement.
2. At the termination of the Agreement, the Company shall take measures to prevent the User from using the Service and may delete the User’s account. In addition, the User shall promptly return any loaned items from the Company to the Company.
3. The user is not exempt from any obligations or debt owing (Includes, but is not limited to, the service usage fee and damages liability up to the end of this agreement.) under these Terms of Service to the Company or other third parties even after the termination of the Agreement. If any obligations to the Company remain at the end of the Agreement, the User shall lose benefit of time on all such obligations and pay all obligations to the Company immediately.
Article 16 (Severability of the Agreement)
Even if any provision of the agreement or any part thereof is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions and parts of the Agreement are invalid or unenforceable continue and are fully effective.
Article 17 (How to Contact the Company)
The User can contact or inquire of the Company shall submit the inquiry form listed on the Company’s website or by a method determined by the Company.
Article 18 (Jurisdiction and Competent Court)
1. The validity, interpretation and performance of these Terms shall be governed by and construed in accordance with Japanese laws.
2. Regarding discussions, lawsuits, and any other disputes between the Company and the Users, etc., the Yokohama District Court or the Yokohama Summary Court will be the exclusive court of first instance, depending on the amount of the suit.
March 6, 2020: Enforcement