Terms and conditions on Medical Device IP Report
This terms and conditions agreement (hereinafter referred to as the “Terms”) sets forth the terms and conditions on the use of the “Medical Device Intellectual Property Analysis Report Service” (hereinafter referred to as the “Service”) provided by Marincare IP Law Firm (hereinafter referred to as the “Firm”), and the rights and obligations between Firm and its Customer.
Article 1 (Adaption)
- Terms aim to define the terms and conditions for the provision of Service and the rights and obligations between Firm and its Customer regarding the use of Service, and shall apply to all relationships between Customer and Firm concerning the use of Service.
- In the event of any conflict between the provisions of Terms, the sales contract set forth in Article 4 between Firm and Customer, and any other explanations of Service provided outside of Terms, the provisions of Terms shall prevail.
Article 2 (Definitions)
The following terms used in Terms shall have the respective meanings set forth below.
- “Intellectual Property Rights” refers to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights.
- “Firm’s website” refers to the website operated by Firm whose domains are “marincare.jp”, “marincare.en.jp”, and “chizaikeiei.jp”.
- “Customer” refers to a corporation or individual who has agreed to use Service in accordance with Article 3.
- “Service” refers to the “Medical Device Intellectual Property Analysis Report Service” provided by Firm.
Article 3 (Consent)
- Anyone who wishes to use Service may not do so unless they agree to comply with Terms.
- When you completes the procedure to agree to Terms, Terms shall be established between you and Firm, and you will be able to use Service in accordance with Terms.
Article 4 (Sales Contract for Intellectual Property Analysis Reports)
- The sales contract for medical device intellectual property analysis report (hereinafter referred to as the “IP report”) between Firm and Customer shall be concluded when Customer places an order for medical device intellectual property analysis report and Firm accepts such order.
- Firm shall, by the date and in the manner specified in Terms, provide the IP report for which Terms has been executed pursuant to Article 4.1.
- Ownership of the IP report shall transfer to Customer upon completion of the delivery of the IP report by Firm to Customer.
Article 5 (Fees and Payment Method)
Customer shall pay to Firm the fees determined by Firm or displayed on Firm’s website as consideration for the use of Service, according to the payment method designated by Firm.
Article 6 (Prohibited Matters)
In the use of Service, Customer shall not engage in any of the following acts, or any act that Firm determines to fall under any of the following items.
- Acts that violate laws and regulations, acts contrary to public order and morals, or acts related to criminal activity
- Acts that place an excessive load on Service’s network or system, etc.
- Acts of providing benefits, directly or indirectly, to anti-social forces, etc.
- Acts of impersonating a third party or providing Firm with another person’s personal information or false information.
- Acts of unauthorized access to Firm’s network or system, etc.
- Acts that may interfere with the operation of Service.
- Acts that directly or indirectly induce or encourage the acts listed in the items 1~6 of Article 6.
- Acts of attempting to commit the acts listed in the items 1~7 of Article 6.
- Other acts that Firm determines inappropriate.
Article 7 (Ownership of Rights)
Unless otherwise agreed upon between Firm and Customer, all intellectual property rights on Firm’s website and Service belong entirely to Firm or to our licensees. The license to use Service under Terms does not imply a license to use the intellectual property rights of Firm or our licensees.
Article 8 (Suspension of Use, etc.)
- In the event that any of the following items A~F occur, Company may, without prior notice or request, temporarily suspend Customer’s use of Service, terminate the individual contract with Customer, etc., and terminate the transaction with Customer:
- A. If Customer breaches any of the provisions of Terms
- B. If any information provided by Customer to Firm is found to be false
- C. If Customer becomes suspended or insolvent, or if a petition is filed for the commencement of any bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or similar proceedings
- D. If Customer fails to respond to inquiries or other communications from Firm for 30 days or more
- E. If Customer is found to be antisocial forces, etc. (i.e. organized crime groups, members of organized crime groups, right-wing groups, antisocial forces or other similar persons. (i.e. a person who is a member of a criminal organization, a criminal syndicate, a right-wing organization, an antisocial force or any other equivalent), or a person who cooperates or participates in the maintenance, operation or management of antisocial forces, etc., by providing funds or other means.
- F. Firm reasonably determines that it is inappropriate to continue Customer’s use of Service or the transaction as a Customer.
- In the event that Customer falls under any of the items A~F of Article 8.1, Customer shall automatically lose the benefit of time for all debts owed to Firm and shall immediately pay all debts to Firm.
Article 9 (Change and Termination of the Service)
- Firm may, at its own discretion, change the content of Service or terminate its Service.
- In the event that Firm terminates the Service, Firm shall notify Customer in advance.
Article 10 (Disclaimer of Warranty and Exemption of Liability)
- Firm makes no warranty, whether express or implied, that 1) Service will be fit for your particular purpose, 2) Service will have the expected functionality, commercial value, accuracy, or usefulness, 3) your use of Service will comply with applicable laws, regulations, or internal rules of any industry organization, 4) Service will be continuously available, or 5) defects will not occur. or 5) there will be no defects.
- Even when referring to Service, Customer shall make decisions at their own discretion and responsibility based on their own final judgment, and Firm shall not be liable for Customer’s decisions based on Service.
- Firm shall not be liable for any damages in excess of one-half of the total fees paid by Customer to Firm, even if Customer has suffered damages for reasons attributable to Firm in connection with Service.
- Even if Firm is liable, Firm shall not be liable for damages arising from incidental damage, indirect damage, special damage, future damage, or loss of profits, regardless of the cause of action, whether based on contract, tort, or otherwise.
- Firm makes no warranty of any kind with respect to websites that link to or from Firm’s website.
Article 11 (Confidentiality)
Customer shall treat as confidential all non-public information disclosed to Customer by Firm in relation to Service which Firm requires Customer to treat as confidential, except with Firm’s prior written consent.
Article 12 (Handling of Personal Information)
- The handling of Customer’s personal information by Firm shall be governed by Firm’s separate Privacy Policy (https://marincare.jp/en/privacy-policy/).
- Firm may, at its discretion, use the information, data, etc. provided by Customer to Firm as statistical information in a form that does not identify individuals and Customer shall have no objection to such use.
Article 13 (Changes of Terms)
Firm may change Terms as it deems necessary. In the event of any change of Terms, the date of enforcement and the contents of the changed Terms shall be announced to the public or notified to Customer by posting on Firm’s website or other appropriate means. However, in the case of changes to the contents that require the consent of Customer under laws and regulations, the consent of Customer shall be obtained in a manner prescribed by Firm.
Article 14 (Contact / Notification)
- Any communication or notification between Firm and Customer regarding Service shall be made in a manner determined by Firm.
- If Firm contacts or notifies Customer at the e-mail address or other contact information provided by Customer, Customer shall be deemed to have received such contact or notification.
Article 15 (Assignment etc. of Rights or Obligations Based on Terms)
- Customer may not assign, transfer, pledge or otherwise dispose of your rights or obligations under Terms without the prior written consent of Firm.
- In the event that Firm transfers the business of Service to another company, Firm may transfer the rights and obligations under Terms, as well as Customer’s registered items and other customer information, to the transferee of such business transfer, and Customer shall be deemed to have agreed in advance to such transfer in Article 15. The transfer of business referred to in Article 15 shall include not only ordinary transfers of business but also disposals of businesses and any other cases where a business is transferred.
Article 16 (Governing Law and Jurisdiction)
- The governing law of Terms shall be Japanese law.
- All disputes arising out of or in connection with Terms shall be subject to the exclusive jurisdiction of the Fukuoka District Court as the court of first instance.