This is a reference translation.
The Japanese version of the Terms of Use takes precedence.
Terms and Conditions for DOCTOR TO YOU
These Terms of Use (“Terms”) set forth the conditions for the use of the “Doctor to You”, which is a medical support service for foreign visitors to Japan (“Service”) provided by Medica Drive, Inc. (“Company”).
Customers who wish to use the Service (“Users”) must read these Terms carefully and comply with them.
By using the Service, the User agrees to be bound by these Terms.
Article 1 (Application)
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These Terms apply to all relationships between the User and the Company concerning the use of the Service.
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In connection with the Service, the Company may establish various provisions, such as usage rules and other regulations (“Individual Rules”), in addition to these Terms. Regardless of their titles, all such Individual Rules constitute part of these Terms.
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If any provision of these Terms conflicts with any provision of the Individual Rules, the provisions of the Individual Rules shall prevail unless otherwise expressly provided therein.
Article 2 (Provision and Receipt of Medical Services)
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The Service provides support to Users in receiving medical examinations from medical institutions affiliated with the Company (“Affiliated Medical Institutions”). All medical acts, including diagnosis and treatment, are conducted solely by the Affiliated Medical Institutions. The Company does not perform any medical acts and assumes no responsibility whatsoever for any medical services or outcomes related thereto.
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Examinations by the Affiliated Medical Institutions are conducted, at the discretion of the attending physician, either through house calls or virtual visit. When conducted online, a sufficient examination may not always be possible, for example, because the physician cannot perform a physical examination. In such cases, the User may be requested to visit another medical institution in person for further examination.
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When conducting a virtual visit, the Affiliated Medical Institutions must do so in accordance with all applicable laws, regulations, and official guidelines. The User must make every effort to receive the consultation in a location that ensures privacy and a quiet environment, such as the User’s own guest room.
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When prescribing medication, the physician at the Affiliated Medical Institution will prescribe appropriate medicine based on his or her diagnosis. In the case of a house call, prescribed medicines are limited to those brought by the physician. If the physician determines that additional medication is required, the physician will issue a prescription, and the User must personally take the prescription to a pharmacy or similar facility to obtain the medication. All medical services provided by the Affiliated Medical Institutions are conducted as non-insured (private) medical treatment.
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To respect the User’s fundamental human rights, including freedom of religion and the right of self-determination, an Affiliated Medical Institution may, at its discretion, decline to provide medical consultation.
Article 3 (Medical Interpretation Services)
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When a medical interpretation service is used in connection with the Service, the organization providing the interpretation service shall be responsible for all matters related to such interpretation.
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The Company shall not be responsible for any aspect of the medical interpretation. The languages available for interpretation are listed on the Service’s official website.
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If a medical interpretation service is not available in the language requested by the User, the Company may decline to provide the Service.
Article 4 (Conditions for Use)
The Service may be used only by individuals who satisfy all the conditions set forth below. The Company may refuse to provide the Service to any person who does not meet such conditions. If, after the commencement of use, it becomes evident that any of the following conditions are not satisfied, the Company may terminate the agreement concerning the use of the Service and discontinue the provision of the Service:
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The individual is a foreign visitor staying at an accommodation facility within Japan and intends to use the Service for personal purposes;
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The individual possesses a valid, genuine, and effective passport, and his or her identity can be verified by means of such passport;
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The individual is lawfully staying within the territory of Japan;
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In the case of a virtual visit, the individual possesses a sufficiently stable internet connection. (If the Wi-Fi environment at the accommodation is inadequate, it is recommended that the Wi-Fi connection be disabled and that communication be conducted via a mobile data network.);
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The individual is at least six months of age;
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If the User is a minor (meaning a person who is a minor under either the laws of the country of residence of the User or the laws of Japan, whichever defines a lower age), the Service must be used together with a parent or legal guardian;
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The User shall comply with all instructions and directions issued by the Company, physicians, nurses, or other staff members. :and; and
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The User is not in breach of these Terms or any other applicable provisions or regulations established by the Company.
Article 5 (Confirmations and Consents)
In using the Service, the User shall confirm, understand, and consent without objection to all of the following matters:
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To ensure the proper and prompt provision of the Service, the User shall not record, photograph, or film any part of the Service or any medical examination, nor shall the User disclose, publish, or post such content in any manner;
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To maintain and improve the quality and reliability of the Service, the Company may record or film the User’s use of the Service;
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Virtual visits shall, in principle, be conducted through the User’s own smartphone, tablet, or computer. The User shall be solely responsible for implementing appropriate security measures for such device, and all communication costs incurred in connection with the use of the Service shall be borne by the User;
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If religious considerations are required, the User shall notify the Company in advance. The Company, the Affiliated Medical Institutions, and the providers of medical interpretation services shall not bear any responsibility in cases where such considerations are not considered because of the User’s failure to make such prior notification;
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Upon receiving notice under the preceding item, the Company, the Affiliated Medical Institutions, and the providers of medical interpretation services shall endeavor to take such religious considerations into account to the extent reasonably practicable. However, depending on the circumstances, it may not be possible to accommodate such requests. In such cases, the Company shall notify the User in advance. Notwithstanding the foregoing, if a physician determines that medical treatment is urgently required for the preservation of the User’s life or health, such treatment may be provided without religious accommodation;
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The User shall comply with all instructions and directions issued by physicians, nurses, or other staff members of the Company;
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Virtual visits are conducted by means of video conferencing services provided by third parties. The User shall comply with the terms and conditions prescribed by such third parties and, where registration or account creation is required, shall complete such procedures. The Company shall not bear any liability for any damage or loss incurred by the User because of using such third-party services; and
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The Service may be used only by the User who has applied for use in accordance with Article 7 of these Terms.
Article 6 (Contents of the Service)
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The Service consists of the following components and does not include any medical acts:
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Preliminary hearing regarding the User’s symptoms (which do not include any diagnosis or medical treatment);
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Transmission of the hearing information to the Affiliated Medical Institutions;
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Introduction to and coordination with the Affiliated Medical Institutions, including assistance with appointment scheduling; and
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Support in the preparation of documents required for insurance claims under the User’s overseas travel insurance coverage (which constitutes assistance only and does not include representation or filing on behalf of the User).
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The availability of insurance payment is subject to the specific terms and conditions of the User’s insurance policy. The Company does not guarantee that the User will receive any insurance payment. The Company shall not bear any responsibility for any failure of the User to receive such insurance payment, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 7 (Use of the Service)
To use the Service, the User must submit an application through the form provided by the Company.
When submitting the application, the User must review and agree to these Terms, the Privacy Policy, and any other rules or policies presented by the Company.
Article 8 (Fees)
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The fees payable by the User to the Company (“Service Fees”) shall be the amounts stated on the Service website, denominated in Japanese yen. The Service Fees include the following:
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Fees for the use of the Service; and
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Medical consultation fees and related expenses (including, but not limited to, house call preparation costs), payable to the Affiliated Medical Institutions, also denominated in Japanese yen (“Medical Fee Deposit”).
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The Company shall receive the Medical Fee Deposit from the User and pay it to the Affiliated Medical Institutions. The Medical Fee Deposit is designated as a payment for medical consultation fees and shall not be applied toward the Service Fees.
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The User shall make payment of the Service Fees through the payment URL sent by the Company to the User’s registered email address. Any transaction or payment processing fees shall be borne by the User.
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The cost of prescribed medication shall be as shown in the following table below;
【table】
Case
Cost
Method of Payment
(1) When the physician is able to prescribe medication during a house call (general medication)
Included in the Medical Fee Deposit
Payable to the Company as part of the Medical Fee Deposit
(2) When special medication must be prescribed
Included in the Medical Fee Deposit
Payable to the Company as part of the Medical Fee Deposit
(3) When a prescription is issued during a virtual visit and the medication is dispensed at a pharmacy based on such prescription
Not included in the Medical Fee Deposit; separate charges apply (the cost will be notified during the consultation or by the pharmacy)
Payable separately to the Affiliated Medical Institution or dispensing pharmacy
Article 9 (Cancellation)
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Due to the nature of the Service, the User shall not cancel the Service after payment has been completed.
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Even if the User does not receive a medical consultation from an Affiliated Medical Institution after payment for the Service has been completed, the User shall remain obligated to pay the Service Fees specified in Article 8 of these Terms.
Article 10 (Personal Information)
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The Company shall handle the User’s personal information (“personal information” as defined under the Act on the Protection of Personal Information, including sensitive personal information) in compliance with the Act and other applicable laws and regulations.
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The Company may provide the User’s personal information to the User’s accommodation facility, the Affiliated Medical Institutions, the providers of medical interpretation services, emergency services, or other necessary entities, when the Company determines that such provision is necessary during the use of the Service or for the protection of the User’s life or body. The User hereby consents to such provision in advance.
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When receiving medical consultation from an Affiliated Medical Institution, the User may be required to disclose his or her personal information to the provider of medical interpretation services to receive such interpretation. The User hereby consents to such disclosure in advance.
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If the Company receives an order or other lawful request from a court or other competent authority, whether domestic or foreign, requiring the disclosure of the User’s personal information, the Company shall comply with such order or request and disclose the relevant information. The User hereby consents to such disclosure in advance.
Article 11 (Prohibited Acts by the User)
The User shall not engage in any of the following acts in connection with the use of the Service:
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Using any information obtained through the Service for the User’s own commercial purposes;
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Using the Service for any purpose other than receiving medical services;
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Assigning or transferring to any third party the status of a User of the Service or any rights or obligations arising therefrom;
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Causing or likely to cause disadvantage or damage to the Company, the Affiliated Medical Institutions, the providers of medical interpretation services, the User’s accommodation facility, emergency services, or any other third party;
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Interfering with the operation of the Service or the Company, or damaging the credibility or reputation thereof;
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Committing or engaging in any criminal act, unlawful conduct, or act contrary to public order or morals, or any act likely to constitute such conduct;
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Violating any applicable laws, regulations, or official guidelines; or
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Engaging in any act analogous to those set forth in the preceding items.
Article 12 (Suspension of the Service)
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In any of the following unavoidable circumstances, the Company may, at its discretion, suspend or terminate the provision of the Service without prior notice to the User, and the User shall not raise any objection thereto:
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When such suspension or termination is necessary for updating, maintenance, or similar operations of the Service;
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When computers, communication lines, or other systems are suspended due to an accident;
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When the provision of the Service becomes difficult due to force majeure, including but not limited to earthquakes, lightning, fire, power outages, or natural disasters;
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When communication with the User becomes difficult due to reasons attributable to the User; or
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When any other circumstance equivalent to the foregoing items arises and the Service cannot be provided.
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Even if the Company suspends or terminates the provision of the Service pursuant to the preceding paragraph, the Company shall not be liable for any damages incurred by the User as a result thereof, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 13 (Damages)
If the User suffers any damage as a result of the lawful use of the Service, the Company shall be liable only for ordinary and direct damages actually incurred by the User, and such liability shall in all cases be limited to the amount of the Service Fees already paid by the User for the Service. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY DAMAGES ARISING FROM CLAIMS FOR COMPENSATION MADE BY ANY THIRD PARTY.
Article 14 (Exclusion of Malicious Persons Who Obstruct Business Operations)
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The Company and the User each represent and warrant that neither they themselves nor any of their principal shareholders, officers, or equivalent persons are, or have been within the past five years, malicious persons who obstruct business operations, including organized crime groups, members or associate members thereof, companies affiliated with such groups, or persons engaging in acts contrary to public interest. They further covenant that they have no relationships involving the provision of funds, benefits, or any other association with such persons and shall not have any such relationships in the future.
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The Company and the User each covenant that neither they themselves nor any third party acting on their behalf shall engage in any violent demands, unjust demands exceeding legal responsibility, threatening behavior, use of violence, dissemination of rumors, fraudulent conduct, or acts of intimidation that damage the reputation or obstruct the operations of the counterparty, or any act equivalent thereto.
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If it becomes evident that either the Company or the User has breached the representation set forth in paragraph 1 or the covenants set forth in the preceding paragraphs, the other party may immediately terminate the agreement related to the use of the Service without any prior notice or demand. In such a case, the terminating party shall not be liable for any damages arising from such termination.
Article 15 (Amendment)
The Company may, at its discretion, amend these Terms at any time without obtaining the User’s consent, and the User hereby agrees to such amendment in advance.
The amended Terms shall become effective at the time they are posted or displayed on the website designated by the Company.
Article 16 (Governing Law and Dispute Resolution)
These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to the principles of conflicts of laws.
Any dispute or claim, whether contractual or non-contractual, arising out of or in relation to or in connection with these Terms or their operation, interpretation, or formation (collectively referred to as the “Dispute”), which cannot be resolved through good faith discussions between the Company and the User, shall be finally and exclusively settled by arbitration in accordance with the Arbitration Rules of the International Chamber of Commerce (ICC). The arbitration shall be conducted in the English language, and the seat of arbitration shall be Tokyo, Japan. The arbitral award shall be final and binding upon both the Company and the User.
The Dispute shall be brought solely by the User in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. The User agrees to waive any right to a trial by judge or jury, and any right to participate as a member of a class action or similar proceeding in connection with any Dispute.
Article 17 (Assignment)
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The User shall not assign or transfer any of its rights under these Terms, nor delegate or transfer any of its obligations, without the prior consent of the Company. Any assignment, delegation, or transfer made in violation of this Article shall be null and void.
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Notwithstanding the preceding paragraph, the Company may freely assign or transfer all or part of its rights under these Terms, or delegate or transfer all or part of its obligations.
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The provisions of this Article shall prevail over the Japanese version of these Terms.
Article 18 (Precedence)
The Japanese version of these Terms shall be the official and governing text. If any translation of these
Terms into another language are prepared and any inconsistency or discrepancy arises between such translation and the Japanese version, the Japanese version shall prevail in all respects, unless otherwise expressly provided in these Terms.
Effective on, 2025/11/01 , First edition