Healthplanet Membership Agreement
The Healthplanet Membership Agreement (hereinafter "this agreement") is an agreement between registered members and Tanita Corporation (hereinafter "Tanita") that stipulates the conditions of use for the Healthplanet service and its various accompanying services provided by Tanita and its contractors.
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Section 1: General Regulations
Article 1: Definitions
The following terminology is used in this agreement:
The service defined in Article 3. (If this service is changed, this term shall refer to the new version of the service as per the stipulations of this agreement.)
The computer system built for the purpose of providing this service under the management of Tanita.
Information registered to the service system by registered members.
Update of registered information
A change to the registered information in the event that a registered member changes their service details, password, etc.
Body composition data, exercise data and other data that registered members have sent to the service system when using this service.
Scales, body composition monitor and other devices for measuring physical data that accompany this service, purchased from Tanita by registered members according to this agreement.
Other services related to this service
Services provided by Tanita (other than this service) that can be used with the ID for this service.
Article 2: Conditions of Use
1 Customers may only apply to use this service if they agree to this agreement and meet the following conditions:
(1) Customers shall prepare the Internet connection and connected device(s) stipulated separately by Tanita.
(2) Customers shall complete the registration and registration update procedures stipulated by Tanita to registered members.
2 Applications may be refused or use of all or part of this service may be prohibited if any of the conditions below are deemed to apply, even if the applicant or registered member meets both of the conditions stipulated in the previous clause. Please do not apply for this service if any of the following conditions apply:
(1) The customer is receiving treatment, medical advice, etc. for pregnancy, injury, illness or other conditions, and has not received permission from a physician involved in their treatment, medical advice, etc. for the condition in question.
(2) The customer is unfit to use the measuring device used for this service (persons under 18 or using a pacemaker).
(3) The customer is underage and has not received the consent of a caregiver or other legal representative to apply for this agreement.
(4) Tanita has reasonable grounds to believe that the customer is unfit to use this service or cannot comply with this agreement.
Section 2: This Service
Article 3: Description of This Service
This service provided by Tanita is described as follows and has no usage charge.
(1) Registered members send their own measurement data to the service system for recording. The data is recorded and saved in the service system for the period stated elsewhere in this agreement.
(2) Measurement data from registered members that is stored in the service system and data relating to the editing and processing of this data is provided to registered members via the Internet and displayed on an Internet-capable device used by the registered member (in tables, graphs, images and other forms).
(3) Health advice and other health-related information is provided based on the measurement data from the registered member that is stored in the service system.
Article 4: Purchase of Measurement Device(s)
1 Registered members can purchase one or more devices to accompany this service from Tanita (including the Tanita dealers stipulated in Article 5-4) according to this agreement. In this case, the charge for the measurement device(s) shall be paid according to payment conditions specified separately by Tanita.
2 The payment specified in the previous clause shall be made via a credit card agent (hereinafter "agent") specified by Tanita. The payment can only be made with the types of credit cards and number of installments specified by the agent.
3 The charge paid for the measurement device(s) shall not be refunded under any circumstances unless otherwise stipulated in this agreement.
Article 5: Delivery, etc. of Measurement Device(s)
1 Tanita shall dispatch the measurement device(s) mentioned in the previous article to the location specified by the registered member (in Japan only) after approval is received from the agent mentioned in the previous article. The measurement devices(s) shall be considered to have been delivered upon delivery of the device(s) to the specified location by the delivery company (including cases in which the device(s) are returned to the depot due to a failed delivery).
2 Ownership of the measurement device(s) shall be transferred to the registered member when the device(s) are passed from Tanita to the delivery company for the purpose of the delivery specified in the previous clause.
3 Where applicable, if the measurement device(s) are delivered according to Clause 1, a non-exclusive license for the driver software of the device(s) shall be granted to the registered member according to the conditions of this agreement at the time of delivery. The registered member cannot grant the license to a third person and cannot cede the license unless also ceding the measurement device(s). If the registered member cedes the driver software to a third party, the registered member is responsible for ensuring that the third party complies with the terms in this agreement relating to the driver software.
4 Registered members purchasing measurement device(s) from Tanita according to this agreement shall agree in advance that the seller of the device(s) shall be Tanita or a dealer specified by Tanita. Even if the seller is a specified dealer, Tanita shall be responsible for working with the dealer to carry out the duties stipulated in this agreement as Tanita's obligations relating to the provision of the measurement device(s).
Article 6: Use, etc. of Measurement Device(s)
1 Measurement devices shall be used according to the instruction manual included with the device and any instructions from the service provider. Tanita accepts no responsibility for damages caused to the registered member as a result of use that does not comply with these instructions.
2 Tanita shall provide free repairs or replacement with a non-defective device in the event of a defect that occurs during the warranty period stipulated in the warranty if the registered member meets the criteria stipulated in the free repairs agreement included with the measurement device. Direct expenses for the repair or replacement shall be borne by Tanita.
Article 7: Changes to or Discontinuation of This Service
Tanita may change or discontinue all or part of this service where appropriate after advance notice to registered members by a method stipulated in this agreement.
Article 8: Use of Accompanying Services
Registered members can use accompanying services in future, such as new content developed by Tanita, on agreement to a separately stipulated agreement. When using accompanying services, the terms of this agreement apply to matters for which no applicable stipulation is made in the agreement of the accompanying service.
Section 3: Application for and Conclusion of This Agreement
Article 9: Application
Applications for this agreement shall be made by filling out the prescribed items in the application form in a web browser window and sending the information to Tanita's server according to the instructions displayed on this website in the web browser window.
Article 10: Member Registration
1 When making the application mentioned in the previous clause, customers shall agree to this agreement, register as a member as stipulated in this article and set their desired ID and password.
2 Unless otherwise specified by Tanita, the member registration mentioned in the previous clause shall be considered complete when Tanita verifies that the customer wishing to register as a member has registered all necessary information according to the guidance of the service system.
3 The ID and password set during the procedure described in Clause 2 can be used for applications for accompanying contracts, updates of registered information such as password changes and other transactions between Tanita and the registered member in addition to the application process described in the previous article.
4 Information on actions performed by the registered member using their ID and password, such as the application for this agreement and changes to this service, are recorded in the service system as registered information.
5 Member registrations shall be erased by Tanita in the event that this agreement is not concluded or at the end of the agreement period.
Article 11: Conclusion of This Agreement
This agreement shall be concluded when an approval notification is issued to the registered member after Tanita receives the application for this agreement made by the registered member as stipulated in this agreement. Regardless of other articles in this agreement, the approval notification shall be issued as an email sent to the email address registered by the registered member.
Section 4: Tanita's Obligations
Article 12: Due Care of a Prudent Manager, Etc.
1 Tanita shall exercise the due care of a prudent manager when managing the service system and other facilities required for the provision of this service and providing this service to registered members.
2 Tanita shall endeavor to ensure that the data and information provided by this service is as accurate as possible; however, Tanita does not guarantee its accuracy, completeness, suitability for the purpose of registered members' use of this service, or any other form of usability.
3 Measurement data sent and registered to Tanita's service system by members using the prescribed method shall be stored and provided for the applicable member's use throughout the member's period of eligibility as a member. However, after the end of the period for which the saved measurement data can reasonably be considered necessary for purposes such as management of the health of the corresponding member, the data recorded and stored in the service system may be erased at the discretion of Tanita after advance notice to the applicable member, even if the member's period of eligibility as a member has not yet ended. Tanita may also continue to store a member's measurement data in the service system within legal limits after the member loses their eligibility as a member for any reason.
Article 13: Exemptions and Action in the Event of a System Fault, etc.
1 Tanita may temporarily stop providing all or part of this service without advance notice to registered members in the following cases. Unless otherwise stipulated in this agreement, Tanita accepts no responsibility for any damage caused to registered members or third parties as a result of such a suspension. Furthermore, Tanita accepts no responsibility for cases in which this service cannot be provided as a result of causes relating to the Internet connection or Internet-capable device prepared by the registered member for the purpose of using this service.
(1) Periodic or emergency maintenance of the service system or other facilities installed by Tanita for the purpose of providing this service.
(2) Cases in which it is not possible to provide this service due to a disaster, riot, labor dispute, etc.
(3) Cases in which it is not possible to provide this service due to invasion of the service system by malicious software such as computer viruses, excessively heavy traffic on the servers comprised by the service system or other operational or technical issues.
(4) Cases in which Tanita is ordered to stop providing this service by a court order or by law, or receives a mandatory order to stop using the service system required to provide this service.
(5) Other cases in which Tanita is forced to stop providing this service for reasons that are not the fault of Tanita.
2 In the event of any of the cases mentioned in the previous clause, Tanita shall take the necessary action without delay and shall notify registered members immediately in addition to endeavoring to resume the service promptly.
Article 14: Limitations of Liability
Tanita's scope of liability to registered members relating to this service is limited to normal damages that are actually caused to the registered member as a direct result of causes that are the fault of Tanita or a violation of this agreement by Tanita. This applies to non-performance of the main obligations, tort liability and all other causes of legal action. However, this does not extend to cases in which the cause that is the fault of Tanita or violation of this agreement by Tanita occurs as a result of a deliberate action or serious error on the part of Tanita.
Section 5: Obligations of Registered Members
Article 15: Use of This Service, Measurement Devices, Etc.
1 Registered members shall begin using this service by their own free choice, at their own discretion and of their own volition after considering their health, external environment and other conditions. Tanita accepts no responsibility for any damages caused to registered members by causes outside the intended purposes of this service, such as an inability to receive appropriate treatment by a physician as a result of using this service.
2 Registered members shall prepare and use the Internet connection and Internet-capable device required for use of this service at their own responsibility and expense.
Article 16: Management of ID, Etc.
1 Registered members shall not transfer, lend, allow use of or in any other way cede their own ID and password to third parties, and shall carefully manage these with the due care of a prudent manager to ensure that they are not disclosed, leaked or in any other way made known to a third party, except in the cases of reasonable use stipulated in this agreement.
2 Registered members shall endeavor to prevent unauthorized use of their ID and password by a third party by changing their ID and password as appropriate using the prescribed procedure for updating registered information.
3 Tanita accepts no responsibility for damages caused to the registered member or other parties as a result of a registered member's neglect of the obligations in clause 1 or a failure to change their ID or password despite a request to do so from Tanita. All use and other actions performed with the registered member's ID and password shall be considered usage by the registered member. However, this does not extend to use of the registered member's ID and/or password by a third party as a result of a deliberate action or seriomemberror on the part of Tanita.
Article 17: Notifications
In the event of a change to information registered by a registered member, the member shall promptly update their information to the current information using the procedure for updating registered information. Registered members are responsible for any damages and losses incurred by the registered member as a result of the registered member's failure to perform the procedure for updating registered information.
Article 18: Other Prohibited Actions
1 Registered members shall not engage in the following actions:
(1) Use of this service for unlawful purposes or for profit.
(2) Use of this service in the name of a third party.
(3) Any actions that impede appropriate use of this service by other registered members.
(4) Actions that infringe or may infringe upon the intellectual property rights, such as copyrights, or other rights of Tanita or a third party.
(5) Coercing a third party to use this service.
(6) Discrimination against, slander of or defamation of the character or trustworthiness of other parties.
(7) Other actions to the unreasonable detriment of a third party
(8) Sending or posting of malicious software such as computer viruses.
(9) Modification or reverse engineering of the driver software provided by Tanita or the software in the measurement device(s).
(10) Other actions that impede the operations of Tanita.
2 If Tanita becomes aware of any of the actions mentioned in the previous clause, Tanita may terminate provision of this service without prior notice to the registered member who engaged in the action, and may take necessary measures to eliminate the action and any damage or risks that have occurred as a result.
Article 19: Liability
The registered member may be liable for any damages incurred by Tanita as a result of willful or mistaken actions that are in violation of the obligations of registered members that are stipulated in this agreement.
Section 6: Termination of This Agreement
Article 20: Termination of This Agreement
Unless otherwise stipulated in this agreement, the contracted relationship formed according to this agreement shall be terminated on the end date of this service.
Article 21: Deregistration and Return of Goods
1 Registered members can cancel the sections of this agreement relating to the provision of this service by performing a cancellation procedure by a method prescribed by Tanita when canceling their contract for other services relating to this service . However, outstanding payments for measurement devices must be paid.
2 Notwithstanding the previous clause, the entirety of this agreement including the sections relating to the sale and purchase of measurement devices can be canceled if the registered member applies in writing or by an alternative method and returns the measurement device(s) in their unopened packaging within 8 days after delivery of the measurement device(s). In this case, the registered member will not incur financial liability such as damages for breach of contract. However, the registered member shall be responsible for the postage charge when returning the measurement device(s).
Article 22: Deregistration
1 Tanita can cancel this agreement for future purposes by written notice if any of the following conditions apply to the registered member and are not resolved by the registered member within a reasonable period of time after a written request. In the event that this agreement is canceled, all other services relating to this service that are being used shall also be canceled. Payment for other related services shall be handled according to stipulations relating to cancelation of the other related services by Tanita.
(1) Failure to make payments for measurement device(s) for a total of 3 or more months
(2) Neglect of the obligations of registered members that are stipulated in this agreement
(3) Any other action resulting in damages to Tanita or a third party through the use of this service by the registered member
2 The registered member can cancel this agreement by written notice if any of the following conditions apply to Tanita and are not resolved by Tanita within a reasonable period of time after a written request. In the event that this agreement is canceled, all other services relating to this service that are being used shall also be canceled. Payment for other related services shall be handled according to stipulations relating to cancelation of the other related services by the registered member.
(1) Cessation of the provision of this service without a reasonable reason
(2) Suspension of the provision of this service for unavoidable reasons with no resumption after one month or more
(3) An obvious occurrence of significant damage or possible damage as a result of other violations of the obligations of Tanita and service providers that are stipulated in this agreement
Section 7: Personal Information
Article 23: Personal Information
2 Personal information obtained for this service shall be used only for the following usage purposes:
(1) Provision and operation of this service
(2) Investigations and verifications of usage of this service
(3) Notifications to registered members
(4) To send information to individual registered members about this service and other related services provided by Tanita and products, services, etc. relating to management, maintenance, enhancement and improvement of health and fitness, diet and improvement thereof, beauty, sports and recreation provided by companies affiliated with Tanita. (Registered members can refuse these when applying for this agreement, and can cancel or resume subscription to this information after application.)
(5) To conduct and analyze questionnaires to maintain and improve the quality of this service
(6) To seek the consent of registered members by email, mail or phone when changing the usage purposes
(7) Other purposes for which Tanita has received the consent of the registered member (including cooperative use with a third party)
3 Tanita may outsource the handling of personal information to a contractor where necessary to achieve the usage purposes mentioned in the previous clause.
Section 8: Healthplanet Apps
Article 24: Definitions
1 Healthplanet apps are apps that are developed and provided by a third party using the API (application program interface) provided by Tanita and can be used to add to the functions of the Healthplanet service provided by Tanita (hereinafter referred to as "apps, etc.").
2 Please verify and agree to the following points when using Healthplanet apps. Please note that registered members are responsible for their own use of the apps. Tanita offers no guarantees regarding damage that may occur as a result of the use of apps, etc.
(1) When using apps, etc., other information on the registered member from Healthplanet (stated elsewhere) may be supplied to the app, etc. (the information provided varies depending on the app, etc.).
(2) This may include personal information. Please carefully check the details on the information that is provided and agree to the provision of the information before using the app, etc.
(3) Please be aware that the scope within which the information provided to the app, etc. is disclosed depends on the settings of the app, etc., regardless of the settings in Healthplanet. Information provided to the app, etc. may be acquired by the developer of the app, etc. However, registered members' login information (registered email address and password) will not be provided.
(4) Use of Healthplanet via apps, etc. is subject to this agreement.
(5) Do not enter your registered email address or password for Healthplanet in apps, etc. (please be aware that registered members' information may be stolen in the event of mistaken entry of their registered email address or password for Healthplanet in apps, etc.)
(7) Services provided and personal information collected for apps, etc. are the responsibility of the third party. Tanita accepts no responsibility and offers no guarantees. Please contact the third party directly if you have any queries about apps, etc.
(8) Tanita may disable use of an app, etc. if Tanita judges that the app, etc. contains content that is inappropriate according to the terms of this agreement, or that the content of the app, etc. may present issues relating to the privacy, security or safety of registered members. However, Tanita does not accept responsibility for preventing the use of all such apps, etc. Furthermore, Tanita offers no guarantees for the safety or content of all Healthplanet apps, etc. that can be used.
Section 9: Miscellaneous Provisions
Article 25: Copyrights, Etc.
1 All content, software, designs, window information, trademarks, logos, etc. comprised by or included in this service are copyrights, trademarks, design rights or other intellectual property belonging to or managed by Tanita.
2 Registered members shall not duplicate, modify, adapt, distribute, transfer, publicly transmit or otherwise use, derive income from or cede any data or information provided via this service beyond the scope of private use.
3 If measurement data provided to Tanita for the purpose of using this service contains copyright(s), the copyright(s) of the information are considered to be transferred to Tanita at the time the information is provided to Tanita.
Article 26: Changes to This Agreement
Tanita may change this agreement with notice provided to registered members. In this case, the change shall take effect at the same time the notification takes effect unless otherwise stipulated in the notification.
Article 27: Notifications
1 Unless specifically stipulated in this agreement or regulated by law, notifications from Tanita to registered members shall be given by a method deemed appropriate by Tanita, such as by email, letter or a post on Tanita's website.
2 Unless specifically stipulated in this agreement, the notifications described in the previous clause shall take effect as follows: Notifications by email shall take effect when recorded in the registered member's mailbox by the registered member's email server, notifications by letter shall take effect when they reach the registered member and notifications posted on Tanita's website shall take effect from the time they are posted.
Article 28: Governing Laws and Jurisdiction by Agreement
1 The conclusion, effect, fulfillment and interpretation of this agreement shall be governed by Japanese law.
2 In the event of a need for legal action, etc. between the registered member and Tanita relating to this agreement or this service, the first exclusive agreement jurisdictional court shall be the Tokyo District Court.
Effective from September 16, 2010
Revised September 12, 2011
Revised April 30, 2013