Terms of Service

Article 1 (Application of Terms of Service)

1. This Terms of Service (hereinafter referred to as the “Terms of Service”) shall stipulate the terms and conditions regarding the use and provision of the “Medi-Call® PERSONAL” service that is provided by Japan Medical Interpretation Services, Inc. (hereinafter referred to as the “Company”).
2. The “Medi-Call® PERSONAL” service (hereinafter referred to as the “Service”) shall be a general term in which the Company provides the information, functions, and service with the name of “Medi-Call® PERSONAL” by means of web service, email, SMS, video phone, voice telephone, or other means.
3. In addition to the Terms of Service, the Company may separately provide regulations, rules, terms, etc. that are related to or associated with the Terms of Service. Such individual regulations, rules, terms, etc. (hereinafter referred to as the “Individual Regulations”) shall be, along with the Terms of Service, applied to the use of the Service. When there exists any contradiction or conflict in the provisions of the Terms of Service and the Individual Regulations, unless specified otherwise, the Individual Regulations shall take precedence over the Terms of Service.
4. The Company shall provide the Service on the condition that the User (as defined in the following Article) consents to and abides by the Terms of Service and the Individual Regulations. A contractor shall, when applying for the use of the Service, be deemed to have consented to the Terms of Service as well as all the Individual Regulations regarding the Service in relation to the application.

Article 2 (Definitions of Words and Terms)

In the Terms of Service, the following words and terms shall have the meanings as stated below:

1. “User” shall mean a person who uses the Service under the Terms of Service.
2. “Electronic Communication Terminals etc.” shall mean the PCs, tablets, and other terminal equipment that are used for the Service.
3. “Equipment etc. for the Service” shall be the general term for the equipment etc. that would be required for the provision of the Service by the Company.
4. “ID” shall mean a code to be used to differentiate a User from other persons, and a combination of “ID” and “password” shall differentiate a User from other persons.

Article 3 (Contents of the Service)

1. In the Service, interpretation, translation, information provision, information transmission, and other ancillary services by means of communication line such as internet connection or telephone line shall be performed.
2. The Service shall not respond to any request for interpretation, translation, etc. that exceeds the scope defined in this Article, such as a request with the intent of translating through use of a camera function only.
3. The duration of a call shall be measured by the Company, and, with respect to a utilization time that lasts less than one (1) minute for one (1) use of the Service, such time shall be rounded up to the next whole minute. The contents of the Service shall include the aggregation and statistics of data that are incidental to the service provision, as well as the collection and publishing of comments, evaluations, and feedback.

Article 4 (Application for and Formation of Usage Contract)

1. A usage contract shall become effective when a person who wishes to use the Service makes an application with the Company using the form and method prescribed by the Company (including but not limited to fill in, state, and submit etc. all the necessary matters and information specified by the Company upon application) without any defect, incompleteness, or other error, and when the Company accepts the application. An application shall be made after the person has acknowledged and agreed to the premises as stated in Article 5 as well as other contents of the Terms of Service and Individual Regulations in advance.
2. The Company may, when it determines that any of the following events have occurred, not accept an application for a usage contract. When the Company does not accept an application, the Company shall not be obliged to provide or explain its reason for not accepting the same:
   • (1)When there is any false description, clerical mistake, or defect in the information or materials that were submitted or provided to the Company upon application;
   • (2)When a notification from the Company does not reach the point of contact where the person who makes an application (hereinafter referred to as the “Applicant”) has submitted to, provided to, or registered with the Company, or when it is impossible or extremely difficult to contact the Applicant;
   • (3)When the Applicant has been subject to a suspension of use, cancellation of contract, cancellation or deletion of registration, or any other disposition etc. equivalent thereto with regard to any products or services of the Company (including but not limited to the Service, and hereinafter referred to as the “Company’s Service”), due to the fact that the Applicant had been in violation of a contract with the Company or other reason attributable to the Applicant.
   • (4)When the Applicant has been behind in the payment of any fee concerning the use of the Company’s Service (irrespective of the name of the service) in the past;
   • (5)When the Applicant commits an act violating the Terms of Service etc., or it is determined that the Applicant is likely to use the Service for a wrongful purpose;
   • (6)When the Company determines that provision of the Service to the Applicant would, or is likely to, cause significant difficulties, inconvenience, or the like in terms of technical and operational aspects;
   • (7)When the Applicant has had an association with, or has an association with, a member of an organized crime group, an organized crime group, or other antisocial forces (including persons or groups equivalent thereto, and hereinafter collectively referred to as “Antisocial Forces”); or
   • (8)Other causes that the Company determines as inappropriate.

Article 5 (Premises etc. for Use of Service)

1. All the Electronic Communication Terminals etc. to be used for the Service shall be prepared by the User at the responsibility and expense of the User;
2. There may be cases where the Service is not readily available to start or be used due to reasons other than a defect in the Equipment etc. for the Service, such as a defect on the part of the company providing the communication line, a defect in the electronic communication terminal of the User, the usage environment of the electronic communication terminal, and the contractual coverage of the communication line, because the Service is provided through communication lines such as an internet connection or a telephone line;
3. The User shall bear all the costs that accrue in connection with the Electronic Communication Terminals etc. to be used for the Service;
4. Getting a connection to the Company may become difficult if calls to the Company are concentrated in the same period of time;
5. In addition to the cases listed in the items of Article 10, there may be cases where a defect not resulting from the Company occurs.
6. While the Company conducts a strict examination of the parties who are involved in the Service, the Company shall not provide any assurance as to the accuracy or quality of the operation and the contents, or the reliability etc. of the provided information. In addition, the Company shall not assume any liability for any damage resulting from such provision of information etc.
7. The Company shall be exempt from the responsibility for any defect etc. of the Service not resulting from the Company;
8. Even in case of a defect etc. of the Service resulting from the Company, responsibility of the Company shall be limited under Article 15.
9. The User shall use the Service at its own responsibility and expense, and the Company shall not assume any liability for the User as to the use of the Service except as expressly provided in the usage contract, etc.

Article 6 (ID and Password)

1. When the User is provided with an ID and password by the Company in relation to the use of the Service, the User shall not disclose, divulge, transfer, lend, license, provide, etc. them to a third party and shall place strict controls over them (including to appropriately change the password).
2. The Company shall not assume any liability for any damage incurred by the User or other third party due to the User’s lack of proper maintenance of ID and password, incorrect use, usage by a third party, or the like.
3. Even when a third party uses the Service by using the User’s ID and password, such an act shall be deemed an act of the User, and the User shall be responsible for the payment of the usage fee for the said usage as well as any other liabilities.

Article 7 (Private Use)

1. The User may use the usage results of the Service within the scope of private use.
2. With regard to the information, whether in whole or in part, that the User has obtained through use of the Service, the User shall not use, duplicate, display, distribute, lend, transfer, translate, adapt, license, reprint, or publicly transmit the same beyond the scope of private use.

Article 8 (Usage Fee and Payment Method)

1. In compensation for the use of the Service, the User shall pay the usage fee that is indicated on the website, paper documents, or electronic medium of the Company, by the method specified by the Company.
2. When the User is delayed in the payment of the usage fee, the upper limit on delinquency charges as provided in the Consumer Contract Act shall apply.

Article 9 (Prohibited Acts: Suspension, Discontinuation, Cancellation, and Refusal of Service Provision)

1. In the event that the User is in violation of any provision of the Terms of Service (including any case that falls under the prohibited acts), the Company may suspend or discontinue the use of the Service or cancel the contract without prior warning or notice. However, the Company shall not undertake any obligations to take any action such as to monitor, delete, or the like with regard to the acts of the User or the information that the User provides or describes etc. (including data and contents).
2. The Company shall not assume any liability for any damage that may be incurred by the User due to the discontinuation of the use of the Service or cancellation of the contract.
3. Even in the case where a measure of discontinuation etc. regarding the use of the Service has been adopted under this Article, any and all the debts owed by the User arising from the use of the Service shall not be extinguished until the performance of the obligations has been fulfilled.
4. The following are some examples of the various types of prohibited acts and inappropriate acts:
   • （1）Acts of publicly transmitting or reprinting the result of the Service without permission;
   • （2）Acts of using a copyrighted work relating to the Service without being licensed by the right holder;
   • （3）Acts of registering factually incorrect information when registering as a user of the Service;
   • （4）Acts of selling or purchasing, lending, or sharing the information for the Service;
   • （5）Acts of using the Service by pretending to be another person or a third party;
   • （6）Mischievous and obstructive acts that disregard or hinder the operation of the Terms of Service for the Service;
   • （7）Acts of slandering the Service or the Company, or damaging the impression that the public has of the Service;
   • （8）Acts of falsifying or deleting any information of the Service;
   • （9）Acts of using the Service for the promotion and advertisement of a tangible or intangible service;
   • （10）Criminal acts or acts that constitute part of such criminal acts through use of the Service (including any act that violates the Act on Regulations Against Stalking);
   • （11）Acts of conducting an election campaign through use of the Service;
   • （12）Acts that, or that may, solicit to join, propagandize about or ask for donations etc. to a religious organization, or an organization that may be identical to a religious organization, through use of the Service;
   • （13）Acts of soliciting to become a member of a pyramid scheme (pyramid sales scheme) or networking business (including any referral sales plan, money game, etc.) through use of the Service;
   • （14）Through an act exceeding the normal extent of the use of the Service, such as, without any justifiable grounds, having a long phone chat, making excessive times of similar calls, or unfairly demanding the Company (including its operators) to perform the obligations, or conducting an act against the Company that is similar to intimidation, harassment, blackmail, or threat, to interfere with the operation of the Company, or the case where the Company determines that the act is likely to do the same;
   • （15）Acts describing etc. a harmful computer program etc. such as computer virus;
   • （16）To be one of the antisocial forces, or having a relation with or being involved in any of the antisocial forces in some way such as by cooperating with or being involved in the maintenance, operations, or management of any of the antisocial forces through funding or other means; and
   • （17）Any other acts that the Company determines as promoting any of the acts in the items above.
5. When the User uses the Service, the Company may refuse to provide the Service in the event of any of the following:
   • （1）When the User requests provision of the Service from a place where use of a phone is prohibited or limited by treaties, laws, ordinances, circular notices, or otherwise;
   • （2）When the User requests provision of the Service from a place where a conversation with a third party is prohibited or limited by treaties, laws, ordinances, circular notices, or otherwise;
   • （3）When it is judged that the content of the Service required by the User is likely to fall under a crime, or when the Company determines that the content is likely to be used for a crime;
   • （4）When it is judged that the content of the Service required by the User is in violation of any treaties, laws, circular notices, etc., or when the Company determines that the content is likely to violate the same;
   • （5）When the content of the Service required by the User (including the requested content) or a provision of the Service by the Company is contrary to public policy, or when the Company determines that there is a possibility of the same;
   • （6）When a connection has been cut off or the communication state has made a telephone conversation impossible due to the malfunction or failure of communication equipment or technical problem on the part of the business operator, or due to reasons not attributable to the User or the Company such as the radio wave receiving status;
   • （7）When communication is impossible because all the operators’ telephone lines are busy;
   • （8）When the Company (including its operators) determines that the User is not in a state where he/she can continue a conversation (including drunkenness and an excited state);
   • （9）When the content of interpretation is on gambling or matters related to gambling;
   • （10）When the content of interpretation is on adult entertainment or matters related to adult entertainment, or is likely to include inappropriate expressions;
   • （11）When there is any act of damaging or slandering the honor or credibility of the Company, a contractor, user, or a third party, or when there is a risk of the same;
   • （12）When there is a risk of causing damage to the User as the content of interpretation is involved in legal issues;
   • （13）When the content of interpretation is money-related or concerning a request on guarantor proxy or the like, and the User is likely to suffer extensive damage;
   • （14）When the content of request by the User requires highly professional content; or
   • （15）Other cases when the Company determines that the provision of the Service by the Company is inappropriate, impossible, or extremely difficult.

Article 10 (Disclaimer)

1. While we conduct a strict examination of the parties who are involved in the Service, the Company shall not make a commitment, ensure, or provide assurance of any kind as to the accuracy and reliability of the quality of the Service (including the content of interpretation, translation, information provision, and information transmission). In addition, the Company shall not assume any liability for any damage incurred by the User with regard thereto.
2. With regard to the usability, accuracy, safety, and lawfulness of all the information and functions listed on and provided through the Company’s website, as well as the safety and functionality of the website operated by a third party that is linked to the Company’s website, the Company shall make no guarantees on them and shall not assume any liability for any damage incurred by the User with regard thereto.
3. The Company shall not assume any liability in the event that the Company fails to provide or is delayed in providing the Service due to such other reasons as listed below:
   • （1）When there is any defect in the electronic communication terminal that was purchased, installed, and set up by the User;
   • （2）When there is any defect in the camera application that is installed in the electronic terminal;
   • （3）When there is any defect in the electronic terminal due to the fact that the operating system or an application in the terminal has not been updated;
   • （4）When there is any defect in the communication state or communication device because of the network environment that the User connects to when using the electronic terminal, or due to setting changes of the network;
   • （5）When the information provided by the User is lacking or inaccurate;
   • （6）When it is difficult to hear the voice due to noise etc.; or
   • （7）In the event of force majeure (including but not limited to natural disaster, acts of government authorities, modification of laws, regulations, orders, etc.).

Article 11 (Handling of Personal Information)

1. Handling of personal information shall be in accordance with the separately provided “Privacy Policy (Policy for Personal Information Protection).”
2. Disclosure of personal information shall be made upon advance approval of the User or pursuant to law.

Article 12 (Copyright)

1. The copyright, intellectual property rights, and other property rights relating to the information and functions provided by the Service shall belong to the Company or a partner company (a third party) that the Company grants a license to create the Service. The copyright, intellectual property rights, and other property rights relating to other services provided by the Company (hereinafter referred to as “Various Information Services”), as well as the information that is posted and aggregated on the Company’s website, shall belong to the Company.
2. With regard to the Various Information Services and functions that are provided by the Service, the User shall not, itself or through a third party, commit any act violating the copyright etc. (such as reprinting, duplicating, publishing, broadcasting, or publicly transmitting) or have a third party commit such acts, without prior approval of the Company and a third party who retains rights.
3. With regard to the information such as comments, evaluations, feedbacks etc. that the Company has obtained through interviews with, or by collecting them from, the User or related parties, or articles or any written works that have been created based on such information, the Company may, without obtaining permission of the User, unlimitedly use, duplicate, edit, reorganize, lend, translate, adapt, or publicly transmit (including automatic public transmission) such information etc., and the User shall consent to the same. The User shall not exercise an author’s moral right with regard to his/her comments.

Article 13 (Service Discontinuation)

1. Provision of the Service may be suspended for a certain period of time due to the following circumstances:
• Suspension for the periodic maintenance, emergency inspection, repair, rework, etc. of the system;
• Suspension due to the malfunction of a computer that configures a server, or an accident caused by an error in a software; or
• Suspension due to an accident that occurs with regard to the infrastructure such as a communication line that has been provided by a communications company, or discontinuation due to other force majeure including natural disasters.
2. The Company shall not assume any liability for any damage that may be incurred by the User or other third party in relation to the suspension or discontinuation of the Service under the preceding paragraph.

Article 14 (Disputes in Relation to Use of the Service)

The Company shall not assume any liability in the event that any dispute between the User and a third party who has no relation to the Company arises with regard to the use of the Service.

Article 15 (Scope of Liability for Damages)

1. Except as specifically provided in the Terms of Service, the Company shall not assume any liability for any damage that may be incurred by the User in relation to the use of the Service, irrespective of non-performance of obligations, tort liability, or other matter that causes legal responsibility (including error in guidance or in interpretation, and unavailability) beyond the amount equivalent to the usage fee paid by the User for the Service within one (1) month of the occurrence of the damage.
   In addition, the Company shall not assume any liability for any damage not arising from an intentional act or gross negligence of the Company, damage arising from special circumstances regardless of the possibility of the Company’s foreseeability, and lost profits.
2. In case the preceding paragraph becomes void due to the enactment of a special law, etc., the Company’s amount of liability for damages due to small negligence (including non-performance of obligations, tort liability, and other matters that cause legal responsibility) shall be up to the amount equivalent to the usage fee paid by the User for the Service within one (1) month of the occurrence of the damage.

Article 16 (Termination of Service or Transfer of Rights)

1. The Company may, when necessary, change the content of or terminate the Service.
2. The Company may transfer its rights in the Service in whole or in part to a third party.
3. When the Company changes, terminates, or transfers its rights in the Service to a third party, it shall announce the same on the website of the Company for a reasonable period of time.
4. When the Company terminates the Service in whole or in part under paragraph 3 above, it shall not assume any liability for any damage that may be incurred by contractors, users, or any third parties, if any.

Article 17 (Disposition after Termination of Contract)

1. When the usage contract is terminated due to cancellation or other reasons, the Company may delete, erase, or discontinue the Service usage information, etc. The Company shall not assume any obligation to delete, erase, or discontinue, or to store, manage, or take other measures with regard to the Service usage information, etc. after termination of the usage contract, or assume any liability in regard to the Service usage information, etc. after termination of the usage contract.
2. In the event that the usage contract terminates for any reason whatsoever, the contractor shall become unable to use any of the Service usage information etc., in addition to the Service, upon termination thereof. The Company shall not assume any liability for the damage, loss, burden of expense, etc. that the contractor incurs, if any.

Article 18 (Revision to the Terms of Service)

The Company may, when it determines it necessary, revise the Terms of Service. When the Company revises the Terms of Service, it shall announce the effective date and the content of the revised Terms of Service on the Company’s website or through other appropriate means.

Article 19 (Notification or Communication)

Any notification or communication to the User shall be made by the means stipulated by the Company.

Article 20 (Governing Law and Jurisdiction)

1. The formation, effect, performance, and interpretation in relation to the Terms of Service etc. shall be governed by the laws of Japan.
2. Any disputes between the Company and the User shall be submitted to the Osaka District Court as the exclusive agreed jurisdiction for the first instance.

Appendix: The Terms of Service shall become effective on and from December 1, 2020.

Privacy Policy (Policy for Personal Information Protection)

1. Purpose of Use

The obtained personal information shall be used to provide services and to improve, strengthen, and increase the function of the services; for identity verification or authentication; to receive, answer to, manage, and deal with inquiries, applications, and comments; to send or provide materials, create statistical data, contact the relevant individual; to prevent usage in a form that violates the Terms of Service; and for other purposes similar to them.

2. Provision to Third Party

The Company may, in case of the following, provide personal information to a third party, to the minimum extent necessary, as specified in each item below:

• (1)When providing the Service and its supplementary services: to a partnered business operator and to a subcontractor regarding the operation of the provision of the Service.
• (2)When the Company entrusts the whole or part of the operation regarding the provision of the Service: a subcontractor of the operation.
• (3)When there is consent from a contractor: a third party relating to the consent.
• (4)When there is a disclosure request under the laws, rules etc. by a court, prosecutors office, police, taxation office, bar association, or other authority equivalent to them: to the authority that has made a request for disclosure.
• (5)When the Company results in a succession of its business due to merger, business transfer, or other reasons: to a party who takes over the business.
• (6)When the provision is approved by the Act on the Protection of Personal Information or other laws: to a party approved by the law.

3. Outsourcing

The Company may entrust personal information to a subcontractor who meets the standards for a personal information protection system as specified by the Company.

4. Optionality of Provision of Personal Information

It is optional whether to, and not compulsory to, provide personal information. However, please note that you will be unable to use the service stated in the Purpose of Use in case you do not provide personal information.

5. Disclosure, Correction, and Deletion of Personal Information

Please report to the following contact point with regard to matters relating to notifications of the purpose of use, disclosure, correction, addition, or deletion of the content, discontinuation of usage, erasure, discontinuation of provision to a third party under the Act on the Protection of Personal Information (hereinafter referred to as “Disclosure etc.”.) When making a request of Disclosure etc., please note that identity verification will be required.

In addition, in case of any of the following events, Disclosure etc. will not be accepted:

• ○ When it is likely to cause harm to the life, body, property, or other rights or interests of the relevant individual or a third party.
• ○ When it is likely to seriously interfere with the proper implementation of the business of the Company.
• ○ When it would violate any other law or regulation.

6. Contact Point on Personal Information

For any consultation and claim, please contact the following:

Japan Medical Interpretation Services, Inc.
4-3-22 Imabashi, Chuo-ku, Osaka City, Osaka 541-0042
Person in charge: Manager of the Management Department
Tel：06-6210-5289
Mail：info@jmis.co.jp