The terms and conditions for Wellness Eye Stress Check Services

Transcription

1 The terms and conditions for Wellness Eye Stress Check Services These terms and conditions for Wellness Eye Stress Check Services (hereinafter referred to as Terms and Conditions ) stipulate the relationship of rights and obligations between SB Atwork Corp. (hereinafter referred to as the Company ) and users with respect to licensing of the Stress Check Services (hereinafter referred to as the Services ) by the Company to users, and also provide for user compliance issues. Since the Company offers the Services based on consent to these Terms and Conditions, please carefully confirm all the stipulations herein for using the Services. The official text of these Terms shall consist of the Terms and Conditions as written using the Japanese language (hereafter referred to as Japanese-Language Version Terms and Conditions ). Even if these Terms and Conditions as written using English or other languages (hereafter referred to as Other-Language Version Terms and Conditions ) are created, publicly released, or presented, only the Japanese-Language Version Terms and Conditions shall be considered to have legal effect, and any Other-Language Version Terms and Conditions shall be considered to have no effect whatsoever. Article 1 Definition For these Terms and Conditions, the following terms shall have the meanings defined below. Organization User shall mean an organization or a group that utilizes the Services. Individual User shall mean an individual who is an Organization User and utilizes the Services through the Organization User. Users shall collectively refer to Individual Users and the Organization Users. Account shall mean access authority to Wellness Eye system, by which the right of use will be granted to each Organization User or Individual User. Article 2 Content of Services Content of the Services shall be as follows. (1) Purpose The Services are provided to support Users in recognizing and improving stress levels by referring to the stress check results. The Services shall not give any certification, confirmation, or guarantee on the adequacy or inadequacy of the environment within the Organization User (including, but not limited to, the work environment), and neither give any confirmation, inspection, diagnosis, guarantee, nor make representation for other medical perspectives concerning health conditions of the Individual User. (2) Stress Check Content The Individual User can, through accurate reporting of the information necessary for the utilization of the Services, obtain reference information with

2 respect to his or her own stress level. The Organization User can, through reference to the stress check results of the Individual User, obtain reference information to improve the stress level within the organization. The results of the stress check are the reference information based on the entered information and so do not certify, confirm, or guarantee any specific facts. (3) Effect of Licensing the Services Even in the case of licensing, any and all intellectual property rights to be used under the Services shall be retained by the Company and are not transferrable to Users. Furthermore, the Individual User shall be only permitted to utilize the Services for himself or herself, and may not cause others to utilize the Services. Article 3 Account Management 1. Users are responsible for storing, managing, and maintaining the assigned Account and shall not allow any third party with no rights of use to use the Account. 2. The Company assumes no responsibility for damages incurred by Users due to breach of the provision in the preceding paragraph. 3. Users shall, in the event where their Accounts are used by an unauthorized third party through fraud, unauthorized access, or any other wrongful means, or if there is a risk of use, immediately provide a report to the Company to that effect. Article 4 Matters to be Observed by Users Users shall, besides that separately stipulated in these Terms and Conditions, comply with the following when utilizing the Services. (1) Utilize the Services only within the scope of these Terms and Conditions and only for the purpose of the service agreed to between the Company and the Organization User; (2) Commit no act that may infringe on the rights and benefits of the Company or a third party (including, but not limited to, other Users); (3) Not to use an Account for which the rights of use have not been granted (including an act for joint use with a User who has the rights of use); (4) Not to commit any act that violates laws and regulations, or is offensive to public order and morals; (5) Not to commit an act that may cause a system failure relating to the Services, such as a computer virus, transmission of a malicious program, and the like; (6) Not to carry out reverse engineering, disassemble, or reverse compile to analyze the operating principles of system relating to the Services, program or, other system configuration; and (7) Besides the foregoing items, not to commit any act that impairs or might impair the provision of the Services. Article 5 Suspension of the Services 1. The Company may, without giving prior notice to Users, suspend the utilization of the Services in all or part, for a necessary period if:

3 (1) The Company implements work required for the provision of the Services, including specification changes in the system relating to the Services and maintenance/management; (2) It becomes difficult to provide the Services for circumstances not attributable to the Company, such as earthquakes, typhoons, water damage or other natural disasters, wars, civil commotions, riots, fires, labor disputes, traffic/communication paralysis, or cyber-attack or due to acts based on willful intent or negligence of a third party other than a subcontractor of the Company (including, but not limited to, telecommunication carriers); (3)Failure has occurred in a computer system, line, or other electronic device, etc. used for the Services for causes not attributable to the Company, making it difficult to provide the Services; (4) There is or there arises any bug or defect relating to the Wellness Eye system and distribution relating to the said system for causes not attributable to the Company, making it difficult to provide the Services; (5) With respect to the issued Account, the use or threat of use by means of fraud, unauthorized access, or any other wrongful means has been found; and (6) Besides the foregoing items, a case occurs, where normal provisions of the Services become difficult for causes not attributable to the Company. 2. The Company shall not, when it suspends the Services in all or part in accordance with the preceding paragraph, be liable for damages caused to Users by such suspension. Article 6 Handling of Personal Information The Company shall use personal information obtained in the course of providing the Services only for the purpose of the Services and within the scope of laws and regulations, and handle the same as per the following pursuant to the Company s Personal Information Protection Policy. As used in these Terms and Conditions, personal information shall mean information about a particular living individual from which an unrelated third party can identify that specific individual. (1) The Company shall manage personal information with the due care of a prudent manager pursuant to the stipulations of laws and regulations, and shall not disclose the same to any third party without a prior consent of the individual.. (2) Notwithstanding the provisions in the preceding paragraph, the Company may enable an Industrial Physician, an Industrial Nurse, or a person engaged in office work to browse the stress check results of an individual through the Wellness Eye system pursuant to the provisions of laws and regulations. Furthermore, in a case in which there are provisions in laws and regulations, or competent public authorities make it mandatory to disclose personal information, the Company may disclose personal information to a person who has requested the disclosure, within the extent permitted by laws and regulations or within the scope of such a request.

4 Article 7 Data Utilization The Company may utilize for itself, information provided by Users to the Company when utilizing the Services (including information acquired as a result of the utilization of the Services, regardless of whether it falls under personal information; hereinafter referred to as the Users Information ) to improve the Company s services. The Company also may provide a third party with information concerning an individual that can be acquired by processing the personal information so that it is not possible to identify a specific individual, after making such personal information unrestorable. Users shall acknowledge this before they utilize the Services. Article 8 Deletion and Cancellation 1. In the event of a breach of these Terms and Conditions by a User, the Company shall be entitled to delete the Account pertaining to the said User without pre-notice to the User, and delete the data used for the Services in all or part. 2. In the case of the preceding paragraph, the Company may terminate the provision of the Services to said User. 3. The Company shall not be liable for damages incurred by the User due to deletion of the Account by the Company or the termination of the Services pursuant to the preceding two (2) paragraphs. Article 9 Limitation of Liability for the Services 1. The Services are intended to only provide reference information from a general viewpoint with respect to stress levels relating to Users, and thus the Services shall not give any certification, confirmation, or guarantee on adequacy/inadequacy of the environment within the Organization User (including, but not limited to, work environment), and neither give any confirmation, inspection, diagnosis, guarantee, nor make representation for other medical perspectives concerning health conditions of the Individual User. Paragraph 2 through Paragraph 5 hereof shall not apply to cases caused for reasons attributable to the Company. 2. The Company shall not be liable for any health damage and the like of the Individual User that may arise out of the utilization of the Services. 3. Users shall, in the event that they cause damages to the Company or a third party (including other Users) due to the utilization of the Services, be liable to compensate for such damages, and in no event shall they cause any trouble to the Company. 4. Users shall, in the event that a suit, dispute, or other trouble arises with a third party (including other Users) due to the utilization of the Services, be liable to settle these on their own responsibility, and in no event shall they cause any trouble to the Company. 5. The Company shall not, even in the event where any failure occurs in a Users computer or other electronic device due to the utilization of the Services by Users, be liable for damages caused by said failure.

5 Article 10 Non-Assignment Users may not, without a prior written consent of the Company, assign contractual status hereunder or the rights and obligations to be derived from these Terms and Conditions to a third party, cause a third party to succeed the same, offer them as collateral, or otherwise dispose of them. Article 11 Trademark Rights Since the logo and trademark of Wellness Eye are the Company s registered trademark (Registration No ), Users may not use the logo, mark, or any similar letters, drawings, or logos to these without permission. Article 12 Alteration of Terms and Conditions The Company may alter the content of these Terms and Conditions by means of posting an altered content on the Company s website for the Services to the intended alteration. Article 13 Effective Term The effective term of these Terms and Conditions shall be the same as the availability period of Wellness Eye Account by Users, and provision of the Services under these Terms and Conditions shall automatically terminate upon expiration of the availability period of Accounts. Article 14 Survival Provisions Provisions under Article 5.2, Article 6, Article 7, Article 9, Article 10, Article 11, and Article 15 shall survive and remain in full effect after the termination of utilization of the Services by Users. Article 15 Consultation Matters not stipulated in these Terms and Conditions or any doubt arising in relation to the provisions of these Terms and Conditions shall be handled in accordance with the agreement between the Company and the relevant Organization User, and if it is difficult, they shall be resolved through a consultation between the parties hereto in good faith. Article 16 Jurisdiction Judicial disputes that may arise from these Terms and Conditions shall be brought to the exclusive jurisdiction of the Tokyo District Court in the first instance. Established on December 1, 2014 Revised on April 1, 2015 Revised on December 1, 2015