Terms of service

【About onlineshop】

These Terms of Service stipulate the conditions for using the online shop service (hereinafter referred to as the "Service") provided by PLANTAGE Co., Ltd. (hereinafter referred to as the "Company"). All users of the Service, regardless of membership status (hereinafter referred to as "User" or "Users"), shall comply with these Terms of Service.

Article 1 (Application)

1. These Terms of Service shall apply to all involvements between Users and the Company in relation to the use of the Service.
2. In addition to these Terms of Service, the Company may establish individual rules and stipulations in relation to the use of the Service (hereinafter referred to as "individual stipulation"), which shall constitute a part of these Terms of Service regardless of the name.
3. In the event of any disparity between the provisions of the Terms of Service and an individual stipulation, the individual stipulation shall prevail unless otherwise specified in the individual stipulation.

Article 2 (Registration)

1. The user registration for the Service shall be completed when a person wishing for registration (hereinafter referred to as the "applicant") agrees to these Terms of Service to make an application in the manner prescribed by the Company and the Company approves such application and notifies the applicant to that effect.
2. If the Company determines that the applicant falls under any of the following items, the Company may deny the application for user registration and shall not be obligated to disclose the reasons for such denial:
3. When the applicant has registered false information.
4. When the applicant had once violated these Terms and Service and nevertheless has applied for the registration.
5. In any other cases where the Company deems the applicant's registration for the Service inappropriate.

Article 3 (Management of User ID And Password)

1. Users shall manage their user IDs and passwords for the Service (hereinafter referred to as the "credentials") at their own risk.
2. Any user shall not, under any circumstances, transfer or lend their credentials to any third party or share them therewith. When a person logs in with a combination of ID and password that match the registered information, the Company shall deem that the User who had registered such user ID has used the Service.
3. The Company shall not be liable for any damage caused by the use of credentials by any third party, except in the case of willful misconduct or gross negligence on the part of the Company.

Article 4 (Purchasing Contract)

1. The purchasing contract in relation to the Service shall be concluded when a User makes an application for purchasing products and the Company accepts the application and notifies the User to that effect. Ownership of the purchased products shall be transferred to the User when the Company hands them to a delivery company.
2. If the User falls under any of the following items, the Company may terminate the purchasing contract of the preceding paragraph without prior notice to the User:
3. When the User violates these Terms of Service.
4. When the purchased products are not delivered due to an unknown delivery address or prolonged absence of the User.
5. In any other cases where the Company deems that the trust relationship between the User and the Company has been damaged.
6. The Company shall separately determine the methods of payment, delivery, cancellation of purchase order, or return of purchased products in relation to the Service.

Article 5 (Intellectual Property Rights)

The copyright and other intellectual property rights of the product photo and other contents provided by the Service (hereinafter referred to as the "Contents") shall belong to the Company, the provider of the Contents, or any other legitimate right holders. Any User shall not reproduce, reprint, modify or make any other secondary use of the Contents without permission.

Article 6 (Prohibited Activities)

Any User shall not engage in any of the following activities in relation to the use of the Service:

1. Violation of laws, regulations, or public policy.
2. Activities related to criminal conduct.
3. Infringement of copyrights, trademarks, or other intellectual property rights contained in the Service.
4. Activities for the purpose of destroying or interfering with the functionality of servers or networks of the Company.
5. Use of the information obtained through the Service for commercial purposes.
6. Activities likely to interfere with the operation of the Service.
7. Unauthorized access to the Service or an attempt thereto.
8. Collection or accumulation of personal information of other Users.
9. Activities of impersonating another User.
10. Direct or indirect provision of favors to antisocial forces in relation to the Service.
11. Any other acts that the Company deems inappropriate.

Article 7 (Suspension of Service Provision)

1. If the Company determines that any of the following situations arises, the Company may suspend or discontinue all or part of the Service without prior notice to Users:
2. Maintenance, inspection, or update of computer systems in relation to the Service.
3. When the Service provision becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
4. When computers or communication lines are shut down due to an accident.
5. In any other cases where the Company determines it difficult to provide the Service.
6. The Company shall not be liable for any loss or damage incurred by Users or any third party as a result of the suspension or discontinuance of the Service for any reason whatsoever.

Article 8 (Restriction of Use and Deletion of Registration)

1. In any of the following cases, the Company may, without prior notice, restrict the use of all or part of the Service by the User or delete the User's registration:
2. When the User violates any of the provisions of these Terms of Service.
3. When false information is found in the registration of the User.
4. When the credit card that the User registers as a payment method is canceled.
5. When the User makes default in payment of fees or performance of any obligation.
6. When the User does not respond to the Company for a certain period of time.
7. When the User has not used the Service for a certain period since the final usage time.
8. In any other cases where the Company deems it inappropriate to allow the User to use the Service.
9. In no event shall the Company be liable for any damage incurred by the User as a result of actions taken by the Company in accordance with this Article.

Article 9 (Withdrawal)

Users may withdraw from the membership of the Service through the prescribed withdrawal procedure.

Article 10 (Disclaimer of Warranties and Disclaimer)

1. The Company shall not warrant that the Service is free from defects in corpore or de jure, including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose or security, errors, bugs or infringement of rights.
2. The Company shall not be liable for any and all damages incurred by the User as a result of the Service. However, this disclaimer shall not apply if the contract between the User and the Company in relation to the Service, including these Terms of Service, constitutes a consumer contract as defined in the Consumer Contract Act. Nevertheless, even in such case, the Company shall not be liable for the damages arising in exceptional circumstances, including in the case where such damages have been or could be predicted by either party, out of all damages incurred by the User due to the default or wrongful conduct caused by the negligence or gross negligence of the Company.
3. The Company shall not be liable for any transactions, communications, or disputes between Users and a User and any third party in relation to the Service.

Article 11 (Change in Service)

The Company shall reserve the right to change the contents of the Service or discontinue providing the Service without notice to Users and shall not be liable for any damages incurred by the User as a result of such change or discontinuation.

Article 12 (Amendment of Terms of Service)

The Company may, where appropriate, amend these Terms of Service without notice to Users. If the User starts using the Service after the amendment of these Terms of Service, the User shall be deemed to have agreed to the amended Terms of Service.

Article 13 (Handling of Personal Information)

The Company shall appropriately handle the personal information of Users obtained through their use of the Service in accordance with the Privacy Policy separately prescribed by the Company.

Article 14 (Notification and Communication)

Notification or communication between Users and the Company shall be made by a method prescribed by the Company. Unless the User notifies the Company of a change of point of contact in accordance with the method separately prescribed by the Company, the Company shall assume that the currently registered point of contact of the User is valid and give notice to or communicate with the User through such point of contact. Such notification or communication shall be deemed to have reached the User at the time of dispatch.

Article 15 (Prohibition of Transfer of Rights and Obligations)

Any User shall not transfer or collateralize his/her position under these Terms of Service or rights or obligations thereunder to any third party unless the Company gives the User prior written consent.

Article 16 (Jurisdiction and Governing Law)

1. These Terms of Service shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not be applied to the Service.
2. In the event of any dispute arising in connection with the Service, the court having jurisdiction over the head office location of the Company shall be the court of exclusive jurisdiction.

Date of enactment:
February 1, 2021

 

【About Kampo Medicine Consultation】

These Terms of Service (hereinafter referred to as “these Terms”) are the terms and conditions regarding the use of the services (hereinafter referred to as "this Service") provided by PLANTAGE Co., Ltd., (hereinafter referred to as "this Company") which are established between the user (hereinafter referred to as "the User") using this Service and this Company.

Article 1 (Scope of application of this Terms)

1 These Terms applies to this Service provided by this Company to the User and all services incidental to this Service.

2 The User of this Service shall use this Service after fully understanding the contents 

of these Terms and agreeing to comply with its contents. When the User use this 

Service, the User is deemed to have agreed to comply with these Terms.

Article 2 (this Service)

 1 The flow of this Service is as follows; The User is asked to answer questions about health, diseases, lifestyle habits, etc. on the web. The pharmacist checks the reply of the User. The pharmacist will send advice to the User from the perspective of Oriental medicine and Chinese medicine.

 2 After sending the response in the preceding paragraph, the Users shall pay the usage fee for this Service separately determined to this Company. This Company shall send advice to the User after confirming payment of the usage fee.

 3 The advice in paragraph 1 is not for diagnosis or medical practice, but for the purpose of supporting "self-medication", and does not guarantee improvement of the User's constitution, improvement of disease or symptoms, or cure. Self-medication means taking responsibility for one's own health and treating minor physical ailments on one's own. In addition, the use of such advice shall be done at the User's own risk. The Company is not responsible for any changes in the User's disease, symptoms, etc.

The User himself/herself shall consult a medical institution, as necessary.

 4 All questions and advice regarding this Service will be in English.

Article 3 (Qualification of User)

The User of this Service are all people living in Japan and overseas (regardless of nationality). However, the following persons are not permitted to become Users.

(1) Persons under the age of 18

(2) Persons who cannot make a commitment to Article 15, Paragraph 1

Article 4 (Registration of User)

 1 The User's registration shall be performed by the person who will become the User.

Registration by anyone other than the person himself/herself will not be accepted.

 2 The User is prohibited from making false registrations when using this Service provided by this Company.

 3 If there is any change in the registered content, the User shall immediately correct the registered content in accordance with the procedures prescribed by this Company. The User shall be responsible for managing and correcting the registered contents.

 4 If the User does not notify the change even though there is a change in the registered content, this Company will treat the registered content as if there is no change. Even if a change is notified, transactions and various procedures conducted before the change registration may be based on the information before the change registration.

 5 This Company shall not be liable for any damages, whether direct or indirect, caused by the User's registration.

Article 5 (Management of User ID and password)

 1 When issuing a password by this Company, the User shall enter accurate information without any falsehoods or errors, and if this Company determines that there are falsehoods or errors in the relevant input items, the User's ID and password (hereinafter referred to as "password, etc.") cannot be used, and this Service cannot be used.

 2 The User shall be responsible for the management and use of the registered password, etc. The following acts are prohibited; let others use it, transfer to others, buy and sell, lend, to rent, dispose of in any other form.

 3 Regardless of whether the User himself/herself is negligent or not, this Company considers the use of the password by a third party as the use by the User himself/herself. Even if the User suffers damage due to the third party's use, this Company will not be held responsible.

 4 The User is obligated to change their passwords regularly to avoid trouble. This Company is not responsible for any damages caused by neglecting the above obligations.

 5 This Company may delete passwords, etc. that have not been used for a certain period of times.

Article 6 (Cancellation of User Qualification, etc.)

 1 If this Company determines that the User falls under any of the following items, this Company may take measures such as revoking user qualifications or denying access to all or part of this Service without prior notice. In that case, this Company shall not be obliged to explain the reason.

　  (1) Violation of laws, these Terms and Privacy Policy.

     (2) In case of misconduct.

     (3) In case of this Company determines that the information registered by the User is false.

     (4) In case of this Company determines that the User has unduly caused trouble to other Users or third parties.

     (5) In case of the trouble occurrence rate with other Users or third parties exceeds a certain level, regardless of intention or negligence.

     (6) In case of there are more than a certain number of discrepancies determined by this Company regarding the input of the password.

     (7) If there is no login more than a certain number of times within a certain period of times specified by this Company.

     (8) When the User no longer satisfies the "Qualifications of User" stipulated in Article 3.

     (9) In addition to the above, in case of this Company determines that the User is not suitable.

2 This Company has the right to prohibit the User who is the User qualifications have been revoked from using and accessing services provided by this Company in the future.

3 This Company shall not be held responsible for any damages, whether direct or indirect, caused by the measures in this section.

Article 7 (Withdrawal of the User)

 1 If the User wishes to withdraw from the membership, he/she can withdraw by following the procedures prescribed by this Company.

 2 In the preceding paragraph, if there is an unpaid usage fee at the time of performing the procedure for withdrawal, it is not possible to withdraw. In that case, the User must promptly pay the usage fee and then perform the withdrawal procedure.

Article 8 (Interruption/suspension of this Service)

 1 This Company may suspend all or part of this Service without prior notice to the User if any of the following items apply.

      (1) In case of that system maintenance, inspection, or update is performed regularly or urgently to provide this Services.

      (2) In case of it is difficult to provide this Service due to force majeure such as fire, power outage, natural disaster, etc.

      (3) In addition, in case of this Company needs to temporarily suspend or stop this Service due to operational or technical reasons, or in case of this Company determines that it is difficult to provide this Service.

 2 This Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to the temporary interruption or suspension of the provision of this Service.

Article 9 (Prohibited acts)

 1 This Company prohibits the User from performing any of the following acts (hereinafter referred to as "Prohibited Matters"). In addition, since the Prohibited Matters in the following items may be added and modified as appropriate by this Company, the User shall be obliged to always check the latest content when using this Service.

      (1) Acts that violate these Terms and Privacy Policy.

      (2) Acts that interfere with the operation of this Company's services.

      (3) Acts contrary to public order and morals.

      (4) In addition to the above, acts and expressions that this Company deems inappropriate.

 2 In the event that the User engages in any of Prohibited Matters listed in the 

preceding paragraph, regardless of intention or negligence, the User shall bear all 

liability, including liability for damages, to the User and third parties who have 

suffered damage due to such Prohibited Matters. In addition, this Company shall 

not be liable for any direct or indirect damages caused by such Prohibited Matters.

 3 In the event that this Company suffers damage due to the User performing the 

Prohibited Matters listed in paragraph 1, the parties shall jointly and severally 

compensate for the damage.

Article 10 (Method of notification)

 1 If this Company determines that it is necessary to notify and contact the User, this Company will notify and contact the User by e-mail, telephone or mail to the e-mail address, telephone number or address described in the User information registered.

 2 This Company is not responsible for any damage caused by non-delivery or delay of notification and communication from us.

 3 If the User needs to notify, contact, or make an inquiry to this Company, it shall be done by e-mail or written mail to the contact described on this site. Notifications, etc., cannot be made by means of telephone calls, visits, etc.

 4 In the event of an inquiry from the User regarding the preceding paragraph, this Company shall be able to verify the User's identity by the method determined internally at that time. In addition, regarding the method of replying to inquiries (email, written mail, telephone, etc.), this Company shall be able to reply using the reply to method that we consider to be the most appropriate. Also, such answer method cannot be decided by the User.

Article 11 (Protection of personal information)

 1 In providing this service, this Company shall handle personal information acquired by this Company in accordance with the separately stipulated "Privacy Policy". However, this Company can send information, etc. related to the Company's services to the User.

 2 Regarding personal information of the User obtained by this Company through this Service, in the following cases, this Company shall be able to disclose it to a third party without taking any responsibility.

      (1) When this Company obtains consent from the User.

      (2) When this Company is requested to disclose the user's personal information by law or by a government agency with authority.

      (3) In accordance with Article 14 (Consignment of business), when disclosing information to a third party that has entrusted work related to the system of this Service to the extent necessary for the third party to perform the outsourced work.

      (4) When it is necessary to improve the technical or economic functions of this Service.

      (5) In addition to the above when it is necessary for the operation of this Service.

Article 12 (Regarding dispute resolution)

 1 The User must comply with these Terms when using this Service. If this Company recognizes that the User has violated these Terms, this Company shall take necessary measures to protect the interests of the person to be protected based on these Terms.

 2 In principle, this Company shall not be held responsible for any troubles that occur between Users or between the User and a third party in relation to this Service. However, this Company may be involved in resolving such trouble. In the unlikely event that such trouble arises, it shall be resolved between the parties concerned. In addition, if this Company suffers damage due to such trouble, the parties shall jointly and severally compensate for the damage.

 3 If the User has a dispute with a third party in relation to this Service, the User shall settle it at their own responsibility and expense. In addition, to respond to such dispute, the User shall bear all costs and compensation, including attorney fees, incurred by this Company.

 4 In the event of a dispute with this Company, the User shall bear all costs, including attorney fees, incurred by this Company in connection with the dispute.

Article 13 (Intellectual property rights)

 1 Industrial property rights, expertise, programs, the copyright and other intellectual property rights included in our services and all rights related to them shall belong to this Company. In addition, the User is prohibited from duplicating, selling, etc., without prior written consent from this Company.

 2 In principle, the copyright of the content posted on this site belongs to this Company. However, if there are authors other than this Company, the copyright of the content will belong to each author as an exception.

Article 14 (Consignment of business)

This Company may outsource all or part of the operation of this Service to a third party at this Company's responsibility. In this case, this Company shall be able to disclose the User information after concluding a confidentiality agreement with the third party.

Article 15 (Exclusion of Antisocial Forces)

 1 The User promises the following matters to this Company.

     (1) The User himself/herself is not an organized crime group, a member of an organized crime group, an associate member of an organized crime group, organized crime syndicate, a corporate extortionist, or any other antisocial force (hereinafter collectively referred to as "Antisocial Forces").

     (2) The User's officers are not Antisocial Forces.

     (3) Do not allow Antisocial Forces to use User's name, and do not conclude such contracts.

     (4) Do not provide funds, etc., to Antisocial Forces, and do not participate in the provision of convenience, etc.

     (5) Do not have socially condemned relationships with Antisocial Forces.

     (6) Do not engage in any of the following acts, either by yourself or by using a third party, in connection with this Service.

         ① Actions that use threatening behavior or violence against the other party.

         ② Acts that interfere with the other party's business or damage the credibility of the other party by using fraudulent means or force.

 2 If the User falls under any of the following items, this Company can withdraw the User without any notice.

     (1) If it turns out that it violates the promises of (1) to (5) in the preceding paragraph.

     (2) If the User acts against the promise in (6) of the preceding paragraph.

 3 If the User is withdrawn from membership pursuant to the provisions of the preceding paragraph, even if the User suffers damage, this Company will not provide any reparation or compensation for this. In addition, if the withdrawal causes damage to this Company, the User shall compensate for the damage.

Article 16 (Changes/Additions to these Terms)

 1 This Company can arbitrarily change all or part of these Terms without prior notice to the User and can establish updated terms and special agreements to supplement this Terms. Changes or additions to these Terms shall take effect from the time they are posted on the website that provides the services, and all services provided by this Company shall be subject to the terms after the changes or additions.

 2 The User shall fully understand the content of the preceding paragraph and shall be obliged to periodically check the latest content of these Terms. In addition, it is prohibited to claim ignorance of changes or additions to these Terms to this Company.

 3 This Company shall not be liable for any damages incurred by the User due to changes or additions to these Terms, whether direct or indirect, whether foreseeable or not.

Article 17 (Surviving provisions)

   The following provisions shall remain in effect even after the User withdraws or suspends use; Article 11 paragraph 2, Article 12 paragraphs 3 and 4, Article 13, Article 14, Article 15 paragraph 3, and Article 17.

Article 18 (Governing law/Jurisdiction)

 1 These Terms shall be interpreted based on the laws and regulations of Japan.

 2 Any dispute arising between the User and this Company shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or Tokyo District Court as the court of first instance, depending on the amount of litigation.

Date of enactment:
December 24, 2022
PLANTAGE Co., Ltd.