Terms of Service of "PHARMA JAPAN"
"PHARMA JAPAN" (hereinafter referred to as the "Service") is the information service by Jiho, Inc. (hereinafter referred to as “we”, “us” or “our”) to provide various web-based information content mainly focused on news relating to medical and pharmaceutical industries by using a web browser through the Internet.
The Subscribers are required to agree to the Terms of Service of "PHARMA JAPAN" (hereinafter referred to as the "Terms of Service") before using the Service.
Article 1 (Definitions)
For the purposes of the Terms of Service, the following terms shall have the following meanings.
1. "Contract" means the subscription agreement for the Service.
2. "Subscriber" means the person who signed up the Contract and consists of the following three categories:.
(1) Full Subscriber
Subscriber who signed up the paid Contract.
(2) Trial Subscriber
Subscriber who can use all function of the Service for free during a trial period of two weeks.
(3) "Today's Headlines" Subscriber
Subscriber who can receive the "Today's Headlines" (stipulated in Article 10 below) for free.
3. "Account Information" means personal information that a Subscriber registered with us.
Article 2 (Applicability and Change of the Terms of Service)
1. The Terms of Service are applicable to all matter relating to the use of the Service, its content and its system by the Subscriber.
2. Before signing up the Contract, the Subscribers are required to read and shall be deemed to have agreed the Terms of Service.
3. Each arrangement or warning relating to the use of the Service shown by us constitutes the part of the Terms of Service.
4. The Terms of Service may be altered, if necessary, without the Subscribers’ consent.
Article 3 (Sign-up and Registration of Service)
1. The Subscribers are required to agree the Terms of Service and apply for the Service in accordance with the prescribed procedure to start using the Service.
2. The Contract relating to the Service shall be concluded when we receive the information for application stipulated in the preceding paragraph and accept the application.
3. We shall without delay issue login IDs and passwords for the use of the Service to the Subscribers after signing up the Contract stipulated in the preceding paragraph. The Subscribers may use the Service by entering the IDs and passwords within the number of IDs applied in the application stipulated in the preceding paragraph.
4. The Subscribers shall manage their IDs and passwords stipulated in the preceding paragraph in accordance with their own risk and we hereby preclude all liabilities for the Subscribers’ damage caused by the mismanagement of their IDs and passwords.
5. We shall issue an “Admin-key,” which is required for changing Account Information, to each Full Subscriber.
6. We may refuse the application for the use of the Service in the following cases. In such cases, we are not obliged to disclose the reason of refusal to the applicants and the applicants may not object the decision of refusal.
(1) In case applicant’s information includes any defect or incorrect or unlawful content;
(2) In case we cannot contact with the address an applicant registered;
(3) In case an applicant has been stopped the use of the service administered by us due to the violation of terms;
(4) In the case that the acceptance of the application causes any operational or technical trouble; and
(5) In other cases we consider the acceptance of the application as inappropriate.
Article 4 (Use Period, Fee, Expense, etc.)
1. The content of the Service is available to browse and use under certain operating requirement specified by us, provided however that the use of the Service may be restricted, depending on the product type, product, facility, operating system, network, communication environment, etc. The Subscribers shall acknowledge in advance the certain risk that the Service may become unavailable in these cases.
2. The Subscribers shall pay the fees of the Service in accordance with our fee schedule in advance except when we recognize that there is any reason to allow deferred payment.
3. We shall be able to amend our fee schedule without prior consent of the Subscribers. In such case, we shall notify the Subscribers of the amendment on the website of the Service or by a reasonable method that we consider appropriate.
4. When our fee schedule is amended, the Subscribers shall use the Service in accordance with the amended fee schedule on and after the effective date of the amendment stipulated in the preceding paragraph.
5. The Subscribers owe the expenses of the terminal units, communication devices, software, etc. and communication and connection fee for using the Service.
6. The Full Subscriber shall sign up one-year or a half-year contract and pay the fee in accordance with the Terms of Service. We are not obliged to refund the fee which the Subscribers have paid in any event, regardless of browsing and using the content of the Service.
7. The Contract for Full Subscribers whose registered address is in Japan shall be automatically renewed for the same Contract period unless its cancellation is requested, and they are obliged to pay the fee for the renewed Contract consecutively. Full Subscribers whose registered address is outside Japan shall inform us of their intention to continue or discontinue their Contract after receiving our notification email, which will be sent prior to the subscription expiration dates.
Article 5 (Payment)
1. After accepting the application for the Service, Full Subscribers shall pay the fees of the Service in accordance with the invoice dispatched by us or by credit card. If the Full Subscribers are foreign residents, the fees of the Service shall be paid by credit card only.
2. When the Full Subscribers select to pay the fee for the Service by credit card, we will not issue the invoice and receipt. Please use the credit card statement issued by credit card company as a receipt.
Article 6 (Check and Change of Account Information)
1. The Subscribers may check and change their own registered Account Information in accordance with the prescribed procedure.
2. The Subscriber shall be responsible for making necessary changes to his or her Account Information without delay. We hereby preclude all liabilities for the Subscriber’s detriment caused by non-implementation of the change.
Article 7 (Service for the Full Subscribers)
1. The Contract period of the Full Subscribers is one year or a half year starting from the first day of the month following the month which includes the day on which the Contract was entered into, and the Full Subscribers may use the Service until the last day of the month in which their subscriptions expire. The Full Subscribers may also use the Service for free from the day on which the Contract was entered into to the day before the starting day of the Contract period.
2. The Full Subscribers may use the Service by accessing the Service using their IDs and passwords.
Article 8 (Service for the Trial Subscribers)
1. The Trial Subscribers may browse and use the Service for free during the period of two weeks from the day on which they apply for the Service. If the Trial Subscribers have already subscribed to the "Today's Headlines" prior to the expiration of the trial period, the Trial Subscribers will be shifted to “Today’s Headlines” Subscribers automatically.
2. The Trial Subscribers may use the Service by accessing the Service using their IDs and passwords.
Article 9 (Service for the "Today's Headlines" Subscribers)
1. The "Today's Headlines" Subscribers may receive the "Today’s Headlines" provided by the Service for free from the day on which they apply for the Service.
Article 10 ("Today's Headlines")
1. The "Today's Headlines" means an email service containing a list of daily news headlines provided by the Service.
2. We hereby preclude all liabilities for the damage in case of error not sending a "Today's Headlines", delay sending a "Today's Headlines", sending a garbled "Today's Headlines", sending the same "Today's Headlines" several times, etc.
3. Even if the Subscribers delete or lose the received "Today's Headlines", we will not resend such "Today's Headlines".
4. When a Subscriber changes the registration of email address for receiving the "Today's Headlines", it may take several days until such change becomes effective and such Subscriber will receive emails from us by new email address. The Subscribers shall acknowledge in advance certain risk for such delay and will not request us to resend the emails from us.
5. The Subscribers, except for the "Today's Headlines" Subscribers, may subscribe to or unsubscribe from the "Today's Headlines" at the “Send Me Headlines” page.
6. The "Today's Headlines" Subscribers who want to cancel the subscription may cancel the subscription as instructed in the "Today's Headlines".
Article 11 (Subscriber Support)
1. Inquiries about the Service are available from the “Inquiry” page in the Service.
2. Inquiries about personal information such as the IDs and Account Information, and requests for us to change Account Information on behalf of Subscribers are not accepted with the view to protect personal information. Even if the Subscribers make inquiries on their own IDs and Account Information in accordance with the preceding paragraph, we are not obligated to respond in principle. Please follow the prescribed procedures to confirm forgotten IDs, or check and change Account Information.
Article 12 (Suspension of the Service)
1. We will be able to suspend temporarily or terminate all or part of the Service without prior notice to or consent from the Subscribers in the following:
(1) In case we have compelling reason due to the maintenance, inspection or update of the system of the Service;
(2) In case telecommunications carrier suspends its telecommunication service;
(3) In case it is difficult for us to provide the Service due to force majeure such as failure of communication line, fire, electric power outage, natural disaster , war, etc.; and
(4) In case we consider the suspension of the Service necessary.
2. Even if all or part of the Service was temporarily suspended or terminated, the Subscribers are not exempt from paying the fee for the Service for the period during which the Service was unavailable.
3. We hereby preclude all liabilities for the damage of Subscribers and the third parties caused directly or indirectly by the suspension or interruption of the Service unless such damage results from our willful misconduct or gross negligence.
Article 13 (Change or Discontinuance of the Service)
1. We might change the Service without prior notice.
2. If we decide to discontinue the Service, we shall notify the Subscribers of the discontinuance on the website of the Service or by a reasonable method that we consider appropriate at least two months before the date of discontinuance.
Article 14 (Suspension or Cancellation of Use of the Service from Us)
1. We may temporarily suspend the Subscriber’s use of the Service or cancel the Subscriber’s Contract in the following cases:
(1) In case the Subscriber applies for the Service based on incorrect information;
(2) In case the Subscriber unlawfully uses or lets others use its IDs;
(3) In case the Subscriber hinders the Service;
(4) In case the Subscriber delays or denies the payment of the fee for the Service;
(5) In case the Subscriber violates or acts against the policy of the Term of Service; and
(6) In other cases we consider that the Subscriber acts inappropriately.
2. When we cancel the Subscriber’s Contract in accordance with the preceding paragraph, we will not refund the fee which the Subscriber has paid and the Subscriber shall immediately pay us all the amount of unpaid fee for the Contract period until the date of cancellation.
3. When we suffer any damage caused by the Subscriber’s act stipulated in each item of paragraph 1, the Subscriber shall compensate the damage.
4. When we temporarily suspend the Subscriber’s use of the Service or cancel the Subscriber’s Contract, we will not accept the question or complaint from the Subscriber stipulated in each item of paragraph 1.
Article 15 (Cancellation of Subscription by Subscribers)
1. When the Full Subscriber or Trial Subscriber cancel the Contract, the Full Subscriber or Trial Subscriber shall notify us of the cancellation in advance and complete the prescribed procedure for cancellation.
2. When the Full Subscriber cancels the Contract in the middle of a month, the cancellation shall take effect on the last day of the month in which the cancellation was made, and we will not refund the fee which the Subscriber has paid, but will permit the use of the Service until the day of expiration.
3. We hereby preclude all liabilities for the Subscriber’s damage by not being able to cancel the Contract by the Subscriber’s fault such as that the Subscriber lost the IDs or the Subscriber made an operational mistake.
Article 16 (Prohibited Matters)
1. The Subscribers shall be prohibited from the following conduct in using the Service:
(1) to use the Service with unlawful purpose;
(2) to use the Service for business or commercial purpose;
(3) to falsify the information provided by the Service;
(4) to send or install destructive computer program;
(5) to infringe or be likely to infringe intellectual property right such as copyright of ours or third parties;
(6) to infringe or be likely to infringe property or privacy of ours or third parties;
(7) to libel, defame or slander us or third parties;
(8) to make publicly available information, documents or pictures which would be contrary to public policy or good moral;
(9) to disclose or be likely to disclose the IDs to third parties;
(10) to act or be likely to act in violation of laws;
(11) to use (including copy, send, transfer, disclose, upload, rent, translate, adapt, modify, edit, process, publish, reprint, distribute, broadcast, exhibit, sell) the content of the Service, in whole or in part, without our written prior consent; or
(12) to make unauthorized access or make such attempt.
2. We reserve the right to delete information stipulated in each item of the preceding paragraph or the information that we consider inappropriate for the Service.
Article 17 (Management of Personal Information)
2. We may use personal information that we collect for the Service and for various notices or invitations. In such case, we use the personal information in accordance with the Notification of Management of Personal Information.
3. When the Subscribers enter into business relationship with the third party through the Service, we hereby preclude all liability for the management of personal information that the third party collects.
Article 18 (Copyright, etc.)
1. The copyrights relating to the articles provided by the Service which providers are credited at the end belong to the providers, and the copyrights relating to the articles provided by the Service which providers are not clearly mentioned belong to us. And the copyrights of information provided by the Service such as reference materials, press release, etc. belong to the providers of such information.
2. As a general rule, the Subscribers may use the copyrighted works provided by the Service only within the scope of private use permitted under the Copyright Act unless prior approval from us or the copyright holders has been granted.
Article 19 (Disclaimer)
We hereby preclude all liabilities and are not obliged to compensate for the monetary or moral damage of Subscribers or third parties caused by the information provided by the Service or accrued by other reasons. We also preclude all liabilities and are not obliged to compensate for the damage of the Subscribers accrued by the falsification or leakage of information by third parties or the damage of third parties accrued by the Subscribers.
Article 20 (Consultation and Agreement of Jurisdiction)
Any dispute between the Subscribers and us arising out of or in connection with the Terms of Service shall be amicably settled by the consultation. If the dispute needs to be resolved before the court, it is subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 21 (Governing Law)
The Terms of Service shall be governed, construed and enforced by the laws of Japan.
Effective on October 3, 2011.
Revised on November 28, 2018.