e-SMBG membership agreement

Chapter 1. General Provisions

(Application of Terms of Service)
Article 1.
Universal Healthware, Inc. (‘we’, ‘us’ and ‘our’) stipulates the following e-SMBG membership agreement (‘Terms of Service’) to you to provide e-SMBG (hereby referred to as ‘this Service’). This Service is available for all members under the Terms of Service.

(Applicable Range of the Terms of Service)
Article 2.
1. The notifications prescribed in Article 5, that we shall send to you, shall constitute a portion of the Terms of Service.
2. In addition to the Terms of Service, you shall comply with the ‘Guidance for use’, ‘Caution regarding use’ and each type of notification (‘Guidance for use, etc.’).
3. If the provisions set forth in the Guidance for use, etc. differ from those established in the Terms of Service, the Terms of Service shall prevail.

(Changes of the Terms of Service)
Article 3.
1. We reserve the right to change the Terms of Service without your prior consent. In this case, conditions for use of this Service shall be based on the changed Terms of Service.
2. The changed Terms of Service shall become effective when it is presented online, unless otherwise stipulated by us.

(Contents of this Service)
Article 4.
Through the Internet you shall be provided with the following services, as part of this Service. The specific content of the services shall be determined by us.
(1.) Storage service for data concerning diabetes.
(2.) Any other service determined by us.

(Notification by this Service)
Article 5.
We shall make notifications of necessary matters to you through the Internet or by whatever means appropriate at any time.

Chapter 2. Members

Article 6.
‘Member’ refers to any person who applied for membership (‘Applicant for Membership’), and was officially approved by us.

(Acceptance of Application)
Article 7.
We shall make appropriate decisions in respect of eventual acceptance or non-acceptance of the membership application. An Applicant for Membership receives the right of membership at the time we send a notice of acceptance to him/her.

(Unacceptance of Application)
Article 8.
If an Applicant for Membership falls under any of the following conditions upon making an application, we shall reject the application.
(1.) The Applicant for Membership does not actually exist.
(2.) The applicant had previously had his/her membership withdrawn due to a violation of the Terms of Service.
(3.) There is a false statement(s), obvious clerical error(s), or omission(s) in the content of the application.
(4.) If we conclude that it is unfit for the applicant to become a Member.

(Changes to Registration Information)
Article 9.
1. In the case of any revision in the application, you shall promptly notify us.
2. Even if you incur loss or damages by not making an appropriate notification as stated above, we shall not be in any way responsible or liable for such damages.

Article 10.
1. You shall install the telecommunication equipment, software and other included accessories, required for this Service at your own cost and responsibility.
2. The Internet connection service by an Internet service provider required for you to use this Service shall be provided at your own cost and responsibility.

Article 11.
If you wish to withdraw from this Service, you shall notify us in such manner as may be prescribed.

Chapter 3. Obligations of Membership

(Principle of Self-responsibility)
Article 12.
You shall be liable for all the acts and consequences in relation to the use of this Service with your own ID.

(Management of Membership Numbers)
Article 13.
1. You shall strictly control your own ID and corresponding password, and shall not allow third parties to use it nor share it with third parties.
2. You shall immediately inform us and follow our instructions when it becomes known to you that your ID and corresponding password were used illegally by any third party.
3. Please be informed that even if you incur damages arising from the use of your ID and corresponding password by any third party, we shall not be in any way responsible or liable for such damages.

(Prohibition of Transfer of Rights)
Article 14.
You shall not assign, lend, or provide any right and obligation on the Terms of Service to any third party, unless our prior written consent is obtained.

(Prohibited Acts)
Article 15.
You shall be prohibited from conducting any of the following acts with regard to the usage of this Service;
1. Falsifying or erasing information belonging to us that can be accessed from this Service.
2. Pretending to be another Member to use this Service.
3. Committing any actions against the law, regulations or public order and morality.

Chapter 4 Management

(Limitation of Liability)
Article 16.
1. Although we have implemented all possible means to ensure the quality and accuracy of the information about this Service, please be informed that it is not always correct and effective for all matters, nor does it guarantee treatment for specific diseases or symptomatic improvement. Furthermore, in cases when any damage occurs to you as a result of using this Service, you shall be deemed to be using the information by free choice, decision and will and we shall not be in any way responsible or liable for such damages, unless when false information is provided with malice.
2. We shall not guarantee any operation of any instrument and software that you use.
3. We shall not make any guarantees about the information that you provide through this service.
4. In cases where a third party suffers damage or any dispute arises between you and the third party in relation to your use of this Service, you shall resolve the issue by your own responsibility and expense, and shall not involve us.

(Temporary Suspension of this Service)
Article 17.
If we are unable to provide this Service due to maintenance of facilities, force majeure or other technical matters, we shall temporarily suspend this Service without giving any notice or requiring your prior consent.

(Termination of Use)
Article 18.
If you fall under any of the following conditions, we shall be entitled to suspend or terminate the use of this Service or revoke the right of membership without giving any notice or request to you in advance.
(1.) It is found that you made a false statement in the application or notifications.
(2.) We cannot contact you by email, phone or fax.
(3.) You violated the Terms of Service.

(Deletion of Information)
Article 19.
When considered necessary for the management of this Service, we shall delete and/or move all or part of the information that you registered without giving any notice to you in advance.

(Cancellation of this Service)
Article 20.
1. If it is judged difficult to continue providing this Service due to force majeure, we shall end this service without giving any prior notice to you.
2. If it is judged difficult to continue providing this Service, excluding cases of force majeure, we shall end this Service with 30 days prior notification.

Article 21.
Copyrights on works including the contents, screen design and other works on this Service shall belong to us.

Chapter 5 Handling of Personal Information

(Personal Information)
Article 22.
We shall never use your personal information other than the sole purpose of the management of this Service nor shall we provide your personal information to any third party, except where any of the following applies.
 (1.) We obtain your consent to do so.
 (2.) A public institution requests disclosure based on authority provided by laws and regulations.
2.We will handle your personal information properly, based on ‘Regarding the handling of information in Universal Healthware’ available online.
3. We shall not aggregate or analyze data received from you.

Chapter 6 Other

Article 23.
The Kyoto District Court shall have exclusive primary agreement jurisdiction with respect to all disputes arising with regards to this agreement.

(Governing Law)
Article 24.
The interpretation and implementation of this agreement shall be governed by the laws of Japan.

Additional clauses
Enactment on April 1, 2001
Revised on April 1, 2015