The Japanese version of this document will govern our relationship – this translated version is provided for convenience only and will not be interpreted to modify the Japanese version. For the Japanese version, please see https://narrativebook.jp/static/pages/rules.html .
Chapter 1 : General Provisions
|(1)||the Corporation||xCareField Co., Ltd.|
|(2)||the System||The system that the Corporation provides under the name of “Narrative Book”, which is a service for users to collect, manage and use information related to their own health and life.|
|(3)||user||An individual who has been authorized by the Corporation to use the System.|
|(4)||family member||A user who has applied to become a family member of another user, and the other user has made the application to become a family member of the user. In order to become a family member, the user must be using the System as a user.|
|(5)||facility(facilities)||Medical, nursing care, or welfare related facilities, and organizations or offices related to medical, nursing care, or welfare.|
|(6)||stuff||A user who uses the System based on the status of an employee of the facility that has been licensed by the Corporation to use the System. To become a stuff, you must be using the System as a user.|
|(7)||administrator||A user who uses the System based on the status of a representative of the facility.|
|(8)||user||A person who uses the System, and is a generic term for users, family members, facilities, staff, and administrators.|
|(9)||user information||The basic information (name, date of birth, gender, blood type, etc.) of the user that the user has posted on the System.|
|(10)||special information||Routine information other than the user information related to the user, or information that requires special attention, written by the user himself/herself, family members, or staff.|
|(11)||report data||Information related to the user, which is described by the user, his/her family or staff, and posted on the timeline.|
|(12)||timeline||The report data pertaining to a user displayed in chronological order.|
|(13)||information on the System||The user information, special information, report data, timeline, and other information handled through or stored in the System.|
|(15)||Service”||The general term for the functions that users can use in the System.|
Chapter 2 : Users
- (User application)
- Individuals who wish to use the System may apply for the use of the System through the personal application posted at appropriate places in the System.
- Users must register truthful, accurate, and complete information. In addition, users must correct the information about themselves so that it is always up to date.
- The Corporation grants permission to individuals who have applied for personal use as specified in paragraph 1 of this article to use the System based on the Corporation’s judgment.
- This corporation permits the use of this system by the individual who applied for the personal use application prescribed in paragraph 1 (of Article 3) based on the judgment of this corporation.
- (Application for use as a facility)
- The facility must register truthful, accurate and complete information. In addition, the facility must revise the information about the facility itself to keep it up to date.
- The Corporation permits the facility that submitted the “facility use application” prescribed in paragraph 1 (of Article 4) to use the System, based on the judgment of the Corporation,.
- The facility that has applied for the use of the System as described in paragraph 1 (of Article 4) may use the System as a facility by obtaining a license from the Corporation.
- (Application for use as a stuff)
- If an employee of the facility wishes to use the System as a stuff, the employee must obtain approval as a stuff to use the System from the administrator of the facility to which the Corporation has granted a license to use the System by the prescribed method in the System.
- Employees of the facility can use the System as stuffs only after the administrator of applicable facility approves their use of the System.
- (What users can do)
- Users may do the following with respect to information pertaining to themselves.
- Family application
- Application for suspension of the use of the System, and application for cancellation of the user registration
- Requesting the setting of exclusive care to the facility using the System, approving the exclusive care setting guided by the facility, and stopping the exclusive care setting
- Approval of family application from other users and deletion of family settings.
- Writing and viewing user information, special information, and report data.
- Editing of user information.
- Editing and deleting of special information
- Editing of report data written by the user
- Deletion of report data on the user’s timeline
- Other functions provided by the System to users.
- When family members, staff members, or administrators use this system as users, they may do the matters listed in the preceding paragraph (of Article 6).
- (What family members can do)
Family members can do the following with respect to information about users who have approved family settings:
- Approval of family application from user and cancellation of family setting
- Viewing the user information, special information, and report data of the applicable user.
- Description, editing and deletion of special information of the user.
- Description of the user’s report data.
- Editing and deleting report data written by the family.
- Other functions provided by the System to users
- (What the staff can do)
The staff can do the following matters regarding the information related to the user, as a staff member of a facility for which exclusive care has been set with applicable user
- Browsing the user information of the applicable user
- Writing and viewing the report data of the applicable user
- Description, editing and deletion of special information of the user
- Editing and deleting of report data written by staff members themselves
- Use by staff members for the provision of services of the applicable facility to the relevant user
- Other functions provided by the System to users.
- (What the administrator can do)
The administrator can do the following matters.
- Application for use of the System by facilities that the administrator represents.
- Setting and suspension of staff using the System (including suspension of use when a staff member moves from the facility).
- Setting and suspension of use of new administrators other than the applicable administrator.
- Setting up an exclusive care between the user and the facility that the administrator represents. (Approval of exclusive care requested by the user to the facility and the facility informing the user of the exclusive care)
- Other functions provided by the System to the administrator.
- (User consent)
- By submitting an application for personal use to the Corporation, a user shall be deemed to have agreed to the following
- The user shall prepare the necessary personal computer, cell phone, communication equipment, operation system, communication means, and electric power, etc., at the user’s expense and responsibility when using the System.
- The user should use the user ID when using the System. (However, when a user uses the System as a staff member, he/she must use his/her own user ID as a staff member ID.)
- Family members shall perform each of the matters listed in Article 7.
- A stuff shall perform each of the matters listed in Article 8, and the administrator shall perform each of the matters listed in Article 9 with respect to applicable staff.
- In cases where it is unavoidable in order to spare the life or body of a user from imminent danger, the Corporation may allow persons other than applicable user to view information pertaining to applicable user within the necessary limits and scope.
- The Corporation may process information pertaining to a user into information that does not identify the individual user, and provide the processed information to parties other than the user.
- Matters pertaining to the management of information related to a user may be determined separately by the Corporation with the consent of the user.
- In the event that the Corporation recognizes that a user is using the System in violation of these Terms, the Corporation may take measures that the Corporation deems necessary and appropriate, against such User. However, the Corporation shall not be obligated to prevent or correct such violation.
- When using the System, users must comply with the relevant laws and regulations regarding the handling of information on the System, such as the Copyright Act and the Personal Information Protection Act, as well as the Guidelines for the Appropriate Handling of Personal Information by Medical and Nursing Care Providers (Ministry of Health, Labor and Welfare) and the Guidelines for the Safe Management of Medical Information Systems (Ministry of Health, Labor and Welfare).
- By agreeing to the items listed in the previous section, the user agrees to allow his/her family members, the facility where the user’s exclusive care is set up, and the staff of applicable facility to view the user information, special information, and report data of applicable user, and to enter, edit, and delete the special information of this user.
- (Responsibility of the user)
The user assumes the following responsibilities when using the System. When a user uses the System as a family member, staff member, or administrator, the User shall likewise assume the following responsibilities.
- Users shall be responsible for strictly managing the passwords they register when using the System to prevent unauthorized use. The Corporation shall deem any and all acts conducted by using the registered password to be the acts of the registered User.
- Users shall endeavor to use the information on the System in an appropriate manner.
- Users shall use the System at their own responsibility, and shall be responsible for any and all acts conducted on the System and the results thereof.
- Users shall bear all responsibility for editing and deleting the information on the System.
- In the event that the Corporation suffers any direct or indirect damage (including the burden of attorney’s fees) as a result of the use of the System by a user (including cases where the Corporation receives a claim from a third party due to the use of the System), the user shall be liable for such damage. The applicable user must immediately compensate for such damage according to the Corporation’s request.
- (Prohibited Matters)
- A User shall not commit any of the following acts when using the System The user shall not commit any of the following acts when using the System as a family member, employee, or administrator.
- Illegally use information related to other users handled through the System or other information on the System.
- Falsifying information pertaining to other users or other information on the System that is handled through the System
- Falsifying information pertaining to other users handled through the System or other information on the System
- Leaking information pertaining to other users handled through the System or other information on the System
- Using the System by impersonating another user
- Installing harmful computer programs on the System
- When a staff member performs the matters listed in Article 8 as an employee of the facility in which an exclusive care setting has been made with the user, the description, viewing, editing or deletion of the information related to the user, Please consult with the user so as not to go against the will of the person.
- (Administrator responsibility)
In addition to the matters stipulated as the responsibility of the user in Article 11, the administrator bears the responsibilities listed in the following items in order to perform safe and proper operation management of the System in the facility managed by the administrator.
- Maintenance and management of equipment and software connected to the System installed in the facility, installation of antivirus software, and constant update to the latest virus definition status.
- Response to failures that occur in the equipment installed at the facility
- Operation management of the System by the employee of the facility (not limited to the stuff who use the System)
- Education, guidance and management supervision regarding the use of the System and compliance with this agreement by the employee of the facility (not limited to the stuff who use the System).
- Suspension of use of the facility as a staff member when the staff member of the facility is transferred from the facility.
- All responsibility for acts caused by the employee of the facility (not limited to the staff who use the System)
- Others Smooth operation of the System in the facility
Chapter 3 : Management
- (Operational management)
- The Corporation gives the user ID to the user, and the facility ID to the facility, both licensed by the Corporation.
- By setting the user ID in a usable state by the Corporation, the user who has been given the user ID can start using the System. However, in order to use it as a staff member, it is further necessary for the facility ID of applicable facility to which it belongs to be set so that it can be used by the Corporation.
- The use of the manager or staff is considered to be the use by the facility to which the manager or staff belongs. When the manager or staff of the facility uses the System, the facility must bear all responsibility based on the actions of the manager or staff in solidarity with the manager or staff.
- The Corporation will carry out the operations listed in the following items in order to manage the safe and proper operation of the System.
- Management of user ID, facility ID and password
- Periodic confirmation and verification of the access status and operating status of the server of the System, grasping the preservation status of information on the System
- Other matters related to the operation and management of the System
- The Corporation may appoint a system administrator and a system management assistant in order to assist the work of each item in the preceding paragraph or to act for part or all of the work.
- (Regarding the emergency call function)
The System does not provide emergency call means to police agencies, coast guard agencies, fire departments, medical institutions and other institutions.
- (Regarding advertising)
The Corporation may place advertisements of the Corporation or a third party approved by the Corporation on the System.
- (When providing this Service on behalf of a third party)
When the Corporation provides this Service to users based on the consignment of a third party (hereinafter referred to as “external operating entity”), the external operating entity may separately make operational management agreements and other arrangements with the user. If the user agrees to the agreement of the external operating entity, the agreement shall be effective to the extent that it does not conflict with this agreement.
- (Information management)
- Please back up the information on the System related to the user by yourself. The Corporation is not obligated to back up the information on the System related to the user.
- The Corporation may use the information on the System for this Service provided by the Corporation to users. In this case, the Corporation may make changes to the information, such as omission of information, to the extent that the Corporation deems it necessary and appropriate. The Corporation may re-approve the right to use the information on the System to a third party affiliated with the Corporation.
- The Corporation can check the content of information on the System when it is necessary to check the status of compliance with laws and regulations or this agreement. However, the Corporation is not obligated to confirm.
- If we find that the information on the System violates or may violate laws and regulations or this regulation, or if there is any other business need, we will not notify the user in advance. We can limit the use of information on the System by deleting this information.
- (Utilization time)
- The System can be used at all times.
- Notwithstanding the provisions of the preceding paragraph, when performing maintenance inspections or function updates of the System, the Corporation may suspend the operation after notifying the user in advance through the System. However, in the case of irregular or urgent maintenance inspections and repairs, the operation can be stopped without notice.
- (Delete usage)
- If a user or facility ceases to use the System, he/she must notify the Corporation of the cancellation of use by the time he/she ceases to use it or immediately after he/she ceases to use it.
- The Corporation registers the cancellation of use by setting the user ID and facility ID to the unusable state.
- If the facility fails to pay the usage fee for the System, which is separately determined for 6 months or more, the Corporation will confirm the fact and notify the facility and the manager or staff of the facility. Without notifying the manager or staff of the facility, the Corporation will delete the use of the facility and the manager or staff of the facility.
- When a user falls under any of the following items, the Corporation may delete the user ID or facility ID of the user after notifying the user.
- When the relevant laws and guidelines regarding the handling of information are violated
- When an act that hinders the stable operation of the System, such as putting a heavy load on the network, is performed.
- When the handling of information is inappropriate and no improvement is recognized despite the guidance or warning from the Corporation.
- In addition, when the provisions of this agreement are violated
- If the Corporation registers for cancellation of use any user, unless otherwise requested by the person who posted the information, the Corporation will decide stopping or continuing applicable account, saving or deleting its information.
- The Corporation will separately determine the procedure for the person to make the request prescribed in the preceding paragraph.
- If the user ID or facility ID is not used for one month, the Corporation may temporarily disable the use of the user ID or facility ID related to the user without notifying. In this case, if the user ID or facility ID is to be made available again, the user must apply to the Corporation for resumption according to the procedure separately specified by the Corporation.
- If the facility delinquent the usage fee for the System, which is separately determined, for 3 months or more, the Corporation will confirm the fact. And without notifying the facility and the manager or staff of the facility, the use of the facility ID of the facility or the user ID of the manager or staff of the facility may be temporarily suspended. In this case, if you want to make the facility ID or user ID reusable, the user must apply to the Corporation for resumption according to the procedure separately specified by the Corporation.
- (Delete communication content)
If the Corporation determines that the information on the System falls under any of the following items, the Corporation will delete the information without contacting the user who posted the information.
- When the posted information infringes or may infringe the rights of a third party including other users
- When the posted information may damage the credibility of the System
- When there is information that violates this agreement, related laws and guidelines regarding the handling of information
If the user violates the provisions of this agreement and causes a failure in the System, or leaks or erases information on the System, repair or compensation will be made according to the degree of intentionality or negligence of the user. If the user is a facility manager or staff member, the facility to which the manager or staff member belongs must jointly bear the same responsibility.
- (Change of terms)
- (Disclaimer of the Corporation)
- The Corporation does not guarantee that there is no practical or legal defects in the System (safety, reliability, accuracy, completeness, effectiveness, suitability for a specific purpose, security defects, errors and bugs, infringement of rights, etc.), either explicitly or implicitly. The Corporation is not obligated to provide the System to users by removing such defects.
- The Corporation does not take any responsibility for any damage caused to the user due to the System. However, this disclaimer does not apply if the contract between the Corporation and the user regarding the System (including this agreement) is a consumer contract stipulated in the Consumer Contract Law.
- Even in the case prescribed in the preceding paragraph, the Corporation does not take any responsibility for what caused by special circumstances among the damage (including what the corporation or the user foresaw or could only foresee the occurrence of damage) caused to the user due to default or illegal act brought by the negligence (excluding gross negligence) of the Corporation. In addition, compensation for damages caused to the user due to default or illegal acts due to the negligence (excluding gross negligence) of the Corporation shall be limited to the amount of usage fee received from the user in the month in which the damage occurred.
- (Contact method)
- The Corporation will contact the user regarding the System by posting it at an appropriate place on the website operated by the Corporation or by any other method that the Corporation deems appropriate.
- Users regarding the System will contact the Corporation by sending an inquiry form set up at an appropriate location on the website operated by the Corporation or by the method specified by the Corporation.
In order to construct, operate or maintain the initial equipment necessary for using the System, the facilities that use the System shall pay the Corporation a prescribed fee.
- (Miscellaneous rules)