This agreement sets out conditions (hereinafter, the “Terms”) between you (hereinafter “User”) and HealthyTOKYO K.K. (hereinafter “HealthyTOKYO”) related to the use of any services provided on the Website of HealthyTOKYO (hereinafter the “Services”) or products (including services in case services are offered for purchase) acquired through the online shop maintained by HealthyTOKYO (the “Online Shop”) on the Website (the “Product(s)”). In order to use the Services, Users must agree to these Terms. HealthyTOKYO reserves the right to modify the contents of the Terms as it deems necessary, and Users agree to abide by any such changes.
Under the Terms, the following words and phrases have the meanings provided below:
User: Registered user of the Program with access to any services and information.
Product Vendor: A supplier of products or services on the Online Shop.
Program: An array of services Users provided via the Internet for English-speaking people living in or visiting Japan that offers a healthcare support concierge service; information on and introductions to professional fitness, wellness and lifestyle coaches; free online coaching sessions; introductions to and exclusive deals on health and wellness facilities, vendors, products and services; and information and shopping for Products offered by selected Product Vendors through the Online Shop.
Website: A website operated by HealthyTOKYO through which Users may access the relevant services the Program provides.
3. User Site
3.1 HealthyTOKYO creates and maintains the Website for Users.
3.2 Users agree to be contacted regarding satisfaction with Healthy Partners, Wellness Coaches, Medical Partners, and others listed on the Website.
3.4 Users agree to abide by any and all rules established from time to time.
4. Concierge Services
4.1 Concierge services are available for Users.
4.2 Users agree to use the Concierge Services in a reasonable manner and to follow any appointments made by HealthyTOKYO on his/her behalf. HealthyTOKYO reserves the right to charge a reasonable fee in case that User does not show up himself/herself for any appointments or reservations that User requested HealthyTOKYO make on his/her behalf.
4.3 HealthyTOKYO will do its best to make appointments and to provide information for facilities or persons that are officially registered with the Website. The Concierge Service will search for facilities both inside and outside the network of the Website according to Users’ requests.
4.4 The Concierge will do its best to make appointments for Concierge Users, but it is not guaranteed that appointments can be made for the times and dates requested by Users.
5. Wellness Coach
When indicated, Users can contact any single Wellness Coach through the Concierge for one free session once a year. HealthyTOKYO will determine the time allotted for each session. The User can contact Coaches through the Concierge or directly to request any paid services at anytime.
6. Online Shop
6.1 Online Shop is available for Users only.
6.2 HealthyTOKYO maintains an Online Shop for use by Users which lists certain health, beauty, lifestyle and wellness Products offered for sale by selected Product Vendors through the Online Shop. HealthyTOKYO reserves the right to delete any Product or line of Products in its discretion.
6.3 HealthyTOKYO will post descriptions of Products based on information provided by the selected Product Vendors. However, HealthyTOKYO is not responsible for the completeness, accuracy, or truthfulness of any Product information.
6.4 Users may select and purchase Products from selected Product Vendors through the Online Shop. Users acknowledge that each purchase of a Product through the Online Shop will be considered a direct purchase between the User and the Product Vendor.
6.5 HealthyTOKYO expressly disclaims any and all warranties and representations for Products and delivery of the Product purchased by a User through the Online Shop.
6.6 HealthyTOKYO has no responsibility for any Product which has a defect in quality, condition, or operation or with which a User may be dissatisfied regardless of the reason. The Product Vendor will be fully responsible for handling any Product -related claims from a User.
6.7 HealthyTOKYO will provide reasonable customer support to assist a User in its communications with a Product Vendor.
7. Change of Appointment and Cancellation Policy
7.1 We understand that sometimes in life things come up, so changes and cancellations to appointments may be necessary. Our policy for appointments and cancellations that you agree to when using our appointment services is described below.
7.2 Change of Appointment
1) You may request one appointment change up to 72 hours before your scheduled appointment. There is no additional charge for such a request. Requests for appointment changes made within 72 hours of your scheduled appointments will be considered as an appointment cancellation and subject to our cancellation policy below.
2) If you request a change to an appointment, we will do our best to schedule another appointment within 10 business days of the requested change. Ability to secure an appointment will depend on availability of the medical facility or medical professional.
3) If an appointment can be secured within 10 business days of receiving your request, there will be no additional charge from us for re-booking your appointment.
7.3 All cancellations of appointments and “no shows” (not arriving for your scheduled appointment) will be subject to a fee of ¥3000 to cover any fees incurred by your cancellation. Your credit card will be charged directly for this fee immediately after cancellation or “no show” of your appointment.
8. Exemption of Liability
8.1 Users understand and agree that Users are solely responsible for using any of the Services and Products as well as evaluating any information on the Website. Users assume all responsibility in connection with choosing any particular Service or purchasing any Product.
8.2 HealthyTOKYO is not liable for any Services or Products provided or purchased through the Website and shall not be liable to Users for any direct, indirect, consequential, or extraordinary loss or damage.
8.3 HealthyTOKYO does not represent or warrant that any information obtained by Users as a result of the use of the Services or the purchase of Products will be complete, accurate, safe, usable or reliable.
8.4 When a User decides to begin any Program, it is recommended that Users first consult a physician or other qualified health care provider in order to determine the appropriateness for each individual.
8.5 Nothing contained on or offered by or through the Website, including Products or any related services purchased through the Online Shop, should be construed as medical advice and should not be relied upon for medical diagnosis or treatment. HealthyTOKYO does not recommend or endorse any particular healthcare provider or Product Vendor whose information, ratings, or Products appear on the Website.
9. Posting to the Website
9.1 Users may have access to areas on the Website to provide comments and input about the Services. For posting any comments, Users are prohibited from doing the following:
1) Infringing the copyright or any other intellectual property rights of others;
2) Infringing the proprietary rights or privacy of others;
3) Libelling or defaming others; and
4) Posting or displaying any false, misleading, or disparaging information or opinions.
9.2 Users agree that HealthyTOKYO reserves the right to do the following in relation to the comments or any other materials posted by Users on the Website:
1) Determining, in its discretion, whether all or any part of the content should be posted on the Website;
2) Transmitting the content to the registered users of the Website such as medical institutions; and
3) Summarizing, extracting or removing any or all content from the Website.
10. Copyright and Proprietary Rights
Copyright or any other proprietary rights relating to the Website or its contents on the Website belong solely to HealthyTOKYO. Users may not copy, display, distribute, upload or in any way use such content without obtaining our prior consent.
11. Changes, Revisions or Discontinuance
HealthyTOKYO may change, revise or discontinue any or all of the Services or Products from time to time.
12. Governing Laws and Jurisdiction
The Terms shall be governed by the laws of Japan without regard to its conflict of laws. User and HealthyTOKYO agree to submit to the exclusive jurisdiction of Tokyo District Court to resolve any legal matter arising from the Terms.