Healthplanet Membership Agreement

HealthPlanet Membership Agreement

The HealthPlanet Membership Agreement (hereinafter "The Agreement") is an agreement between registered members and TANITA HEALTH LINK. INC. (hereinafter "THL") that stipulates the conditions of use for the HealthPlanet service and its various accompanying services provided by THL and its contractors.

Section 1: General Regulations

Article 1: Definitions

The following terminology is used in The Agreement:

The Service

The Service defined in Article 3. (If the Service is changed, this term shall refer to the new version of The Service as per the stipulations of The Agreement.)

Service system

The computer system built for the purpose of providing The Service under the management of THL.

Registered Member

Applicant of The Service provided by THL in acceptance of The Agreement following procedures prescribed by THL.
Provided, however that there are charges for some of the services and the cost of said services shall be paid in accordance with procedures set forth by THL.

Service system

The computer system built for the purpose of providing The Service under the management of THL.

Registered information

Personal and other Information registered to The Service system by registered members.

Update of registered information

Changes to registered information in the event that a registered member changes The Service details, password, etc., and/or revises registered personal information of the registered member.

Measurement data

Body composition data, exercise data and other data that registered members have sent to The Service system when using The Service.

Measurement devices

Scales, body composition monitor and other devices for measuring physical data that accompany The Service, purchased from THL by registered members according to The Agreement.

Location Information

Refers to the general location of registered members and the time the information was acquired. This is acquired using the GPS, as well as network information being used by registered members.

Photos, etc. that are posted

Refers to photos and all other information posted by registered members to The Service system during use of The Service.

Other services related to The Service

Services provided by THL (other than The Service) that can be used with the ID for The Service.

Article 2: Conditions of Use

1 Registered members may only apply to use The Service if they agree to The Agreement and meet the following conditions:

(1) Customers shall prepare the Internet connection and connected device(s) stipulated separately by THL.

(2) Customers shall complete the registration and registration update procedures stipulated by THL to registered members.

2 Applications may be refused or use of all or part of The 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 The 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 The 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 The Agreement.

(4) THL has reasonable grounds to believe that the customer is unfit to use the Service or cannot comply with The Agreement. 

Section 2: The Service

Article 3: Description of The Service

The Service provided by THL is described as follows and has no usage charge. Provided, however that there are charges for part of the services specified in Article 30.

(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 The 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.

(4) Acquisition and use of registered members’ location information. The handling of position information is prescribed in Article 4.

(5) Storage and use of photos, etc. that are posted by registered members themselves. Handling of photos, etc. that are posted is stipulated in Article 5.

Article 4: Use of location information

1 The Service acquires and uses the location information of registered members. The following items detail the methods used for handling registered members’ location information with the Service. Registered members shall understand and agree to these terms.

(1) Registered members may use functions utilizing registered member location information after permitting The Service system to utilize their own location information.

(2) Location information of registered members is saved and stored in The Service system as defined separately in this Agreement when the registered member sends said information to save it to The Service system.

(3) Location information and measurement data of registered members and edited or processed versions of that data (travel distance, duration) that is stored in The Service system shall be provided to registered members using the internet and displayed (in tables, graphs, images and by other methods) on the internet-connected device used by the registered member.

(4) Location information of registered members stored in The Service system shall be used to offer health advice and other health-related information.

(5) Registered members may revoke permission for the use of their location information by The Service system at any time.

2. Please note that locations may not be displayed correctly depending on GPS satellite conditions, the usage environment of the registered user, etc. Depending on the device and settings used by the registered member, said member may not be able to use features of the Service requiring the use of the registered member’s location information. Please be aware of this before use. THL accepts no responsibility for any errors in location content that are the result of discrepancies in location information accuracy.

Article 5: Photos, etc. that are posted

The Service stores and uses photos, etc. posted by registered members. The following items detail the methods used for handling photos, etc. posted by registered members to the Service. Registered members shall understand and agree to these terms.

(1) Photos, etc. posted to The Service system by registered members themselves shall be recorded and stored in The Service system for the duration stipulated later in this agreement.

(2) Photos, etc. posted by registered members and stored in The Service system, along with data generated by editing and processing these, shall be provided to the registered member via the Internet and displayed on devices used by the registered member via an Internet connection (in the form of tables, graphs, images and other methods).

(3) Health advice and other health-related information shall be provided based on photos, etc. posted by registered members and stored in The Service system.

(4) Photos, etc. posted by registered members and stored in The Service system shall be provided to other registered members when the registered member who owns the photos, etc. gives permission to make them public in the Service system.

(5) The registered member may turn off public posting in The Service system if they no longer wish for the photos, etc. that they have posted to remain public in The Service system.

Article 6: Purchase of Measurement Device(s)

1 Registered members can purchase one or more devices to accompany The Service from THL (including the THL dealers stipulated in Article 7-4) according to The Agreement. In this case, the charge for the measurement device(s) shall be paid according to payment conditions specified separately by THL.

2 The payment specified in the previous clause shall be made via a credit card agent (hereinafter "Agent") specified by THL. 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 The Agreement.

Article 7: Delivery, Etc. of Measurement Device(s)

1 THL 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. Registered members are requested to speak directly with the delivery company regarding any specification of delivery time due to personal circumstances. 

2 Ownership of the measurement device(s) shall be transferred to the registered member when the device(s) are passed from THL 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 The 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 asks a third party to dispose of the driver software, the registered member is responsible for ensuring that the third party complies with the terms in The Agreement relating to the driver software.

4 Registered members purchasing measurement device(s) from THL according to this agreement shall agree in advance that the seller of the device(s) shall be THL or a dealer specified by THL. Even if the seller is a specified dealer, THL shall be responsible for working with the dealer to carry out the duties stipulated in The Agreement as THL's obligations relating to the provision of the measurement device(s).

Article 8: 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. THL accepts no responsibility for damages caused to the registered member as a result of use that does not comply with these instructions.

2 THL 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 THL.

Article 9: Changes to or Discontinuation of The Service

THL may change or discontinue all or part of the Service where appropriate after advance notice to registered members by a method stipulated in The Agreement.

Article 10: Use of Accompanying Services

Registered members can use accompanying services in future, such as new content developed by THL, on agreement to a separately stipulated agreement. When using accompanying services, the terms of The Agreement apply to matters for which no applicable stipulation is made in The Agreement of the accompanying service.

Article 11: Linking with External Services

The Service may work with external services such as Twitter, Facebook and Instagram to provide linking services. Registered members shall be responsible for their own use of these external services, and THL accepts no responsibility for any damages that occur through the use of these external services. Registered members shall comply with the external services’ terms of service, etc. when using the external services.

Section 3: Application for and Conclusion of The Agreement

Article 12: Application

The Agreement shall be accepted by filling out the prescribed items in the application form in a web browser window and sending the information to THL's server according to the instructions displayed on this website in the web browser window.

Article 13: Member Registration

1 When making the application mentioned in the previous clause, customers shall agree to The Agreement, register as a member as stipulated in this article and set their desired ID and password.

2 Unless otherwise specified by THL, the member registration mentioned in the previous clause shall be considered complete when THL 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 THL 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 changes to The Agreement and The Service, are recorded in The Service system as registered information.

5 Member registrations shall be canceled by THL in the event that the registered member is in violation of The Agreement or at the end of The Agreement period.

Article 14: Conclusion of The Agreement

The Agreement shall be concluded when, upon receipt of registration application, an approval notification is issued to the applicant by THL, whereby the applicant becomes a registered member. Regardless of other articles in The Agreement, the approval notification shall be issued as an email sent to the email address registered by the registered member.

Section 4: THL's Obligations

Article 15: Due Care of a Prudent Manager, Etc.

1 THL shall exercise the due care of a prudent manager when managing The Service system and other facilities required for the provision of The Service and providing The Service to registered members.

2 THL shall endeavor to ensure that the data and information provided by The Service is as accurate as possible; however, THL does not guarantee its accuracy, completeness, suitability for the purpose of registered members' use of The Service, or any other form of usability.

3 Measurement data, location information and photos, etc. sent and registered to 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, location information and photos, etc. 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 THL after advance notice to the applicable member, even if the member's period of eligibility as a member has not yet ended. THL may also continue to store a member's measurement data, location information and photos, etc. in The Service system within legal limits after the member loses their eligibility as a member for any reason.

Article 16: Exemptions and Action in the Event of a System Fault, Etc.

1 THL may temporarily stop providing all or part of The Service without advance notice to registered members in the following cases. Unless otherwise stipulated in The Agreement, THL accepts no responsibility for any damage caused to registered members or third parties as a result of such a suspension. Furthermore, THL accepts no responsibility for cases in which The 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 The Service.

(1) Periodic or emergency maintenance of The Service system or other facilities installed by THL for the purpose of providing the Service.

(2) Cases in which it is not possible to provide the Service due to a disaster, pandemic, riot, labor dispute, etc.

(3) Cases in which it is not possible to provide The 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 THL is ordered to stop providing The Service by a court order or by law, or receives a mandatory order regarding suspension of The Service system required to provide The Service.

(5) Other cases in which THL is forced to stop providing The Service for reasons that are not the fault of THL.

2 In the event of any of the cases mentioned in the previous clause, THL shall take the necessary action without delay and shall notify registered members immediately in addition to endeavoring to resume The Service promptly.

Article 17: Limitations of Liability

THL's scope of liability to registered members relating to the 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 THL or a violation of The Agreement by THL. 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 THL or violation of The Agreement by THL occurs as a result of a deliberate action or serious error on the part of THL.

Article 18: Disclaimer and responsibilities of registered members

THL makes no guarantees regarding measurement data, location information, photos, etc. that are posted or any other information displayed via the Service, nor any websites or external services that are linked to, and accepts no responsibility for any of these. THL also makes no guarantees regarding any other information on the Service or members that may be directly or indirectly acquired by registered members, beyond the stipulations of this membership agreement.

Section 5: Obligations of Registered Members

Article 19: Use of The Service, Measurement Devices, Etc.

1 Registered members shall begin using the Service at their own risk, by their own free choice, at their own discretion and of their own volition after considering their health, external environment and other conditions. THL accepts no responsibility for any damages caused to registered members by causes outside the intended purposes of The Service, such as an inability to receive appropriate treatment by a physician as a result of using The Service.

2 Registered members shall prepare and use the Internet connection and Internet-capable device required for use of The Service at their own responsibility and expense.

3 Registered members shall be responsible for settling, and financially liable for, any complaints and claims from third parties resulting from or related to photos, etc. posted by the registered member’s own will or the use of The Service, connection to The Service, violation of this agreement or violation of a third party’s copyrights by the registered member.

4. In the event that the handling of a complaint or claim by the abovementioned third party generates costs to THL or requires THL to make payments such as compensation, the amount of the costs and/or compensation shall be borne by the registered user along with expenses such as legal expenses, and THL may claim the total amount from the registered user.

Article 20: 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 The 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 THL 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 THL. 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 serious error on the part of THL.

Article 21: 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 22: Prohibitions when posting photos, etc.

Registered members shall not engage in any of the following actions when posting photos, etc.

1. Registered members shall not post any content of the following nature

(1) Content that may violate the rights or damage the property of a third party

(2) Malicious content about a third party or content that may cause physical or psychological harm to a third party

(3) Content classed as criminal, illegal or dangerous activities, or content that incites or aids in such activities

(4) Content with illegal, malicious, threatening, abusive, discriminatory, slanderous, defamatory, insulting, harassing, agitating or discomforting intent, or which may have such an effect

(5) Content that is known to be untrue.

(6) Content for which the registered member does not control the rights

(7) Content that violates intellectual property rights such as copyrights held by THL or a third party, or that violates public interest or individual rights

(8) Content that violates or may violate the right of likeness, right to privacy or property rights of THL or a third party

(9) Images, text or other content that is indecent or contains child pornography or child abuse

(10) Other content deemed inappropriate by THL

(11) Other content that violates or may violate laws and regulations, and/or is considered inappropriate according to social norms.

2. In the event that THL becomes aware of an action of the abovementioned nature, THL may without warning suspend use of The Service by the registered member who engaged in the action or delete the photo, etc. posted by the registered member, and may take all necessary measures to eliminate the action and any resultant damages and/or dangers, etc.

Article 23: Other Prohibited Actions

1 Registered members shall not engage in the following actions:

(1) Use of The Service for unlawful purposes or for profit.

(2) Use of The Service in the name of a third party.

(3) Any actions that impede appropriate use of The Service by other registered members.

(4) Actions that infringe or may infringe upon the intellectual property rights, such as copyrights, or other rights of THL or a third party.

(5) Coercing a third party to use The 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 THL or the software in the measurement device(s).

(10) Other actions that impede the operations of THL.

2 If THL becomes aware of any of the actions mentioned in the previous clause, THL may terminate provision of The 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 24: Liability

THL may seek compensation for damages incurred by THL when the registered member violates the Agreement by willful or mistaken actions that are in violation of the registered member’s obligations.

Section 6: Termination of The Agreement

Article 25: Termination of the Agreement

Unless otherwise stipulated in the Agreement, the contracted relationship formed according to this agreement shall be terminated on the end date of The Service.

Article 26: Deregistration and Return of Goods

1 Registered members may cancel sections of The Agreement relating to the provision of The Service by performing a cancellation procedure by a method prescribed by THL when canceling their contract for other services relating to The Service. However, outstanding payments for measurement devices must be paid.

2 Notwithstanding the previous clause, the entirety of The 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 27: Deregistration

1 THL may cancel The 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 The Agreement is canceled, all other services relating to The 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 THL.

(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 The Agreement

(3) Any other action resulting in damages to THL or a third party through the use of The Service by the registered member

2 The registered member may cancel The Agreement by written notice if any of the following conditions apply to THL and are not resolved by THL within a reasonable period of time after a written request. In the event that The Agreement is canceled, all other services relating to The 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 The Service without a reasonable reason

(2) Suspension of the provision of The 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 THL and service providers that are stipulated in this agreement

Section 7: Personal Information

Article 28: Personal Information

1 THL shall handle the personal information of registered members appropriately in accordance with related laws and regulations, in addition to the Privacy Policy posted on this website.

2 Personal information, location information and photos, etc. obtained for The Service shall be used only for the following usage purposes:

(1) Provision and operation of The Service

(2) Investigations and verifications of usage of The Service

(3) Notifications to registered members

(4) To send information to individual registered members about The Service and other related services provided by THL 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 THL. Registered members can, by methods specified by THL, refuse these when applying for The 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 The Service

(6) To seek the consent of registered members by email, mail or phone when changing the usage purposes

(7) To create documents with statistical data in a form where personal information cannot be identified for the purpose of research and development, sales, etc., of the product.

(8) Other purposes for which THL has received the consent of the registered member

3 THL may outsource the handling of personal information to a contractor where necessary to achieve the usage purposes mentioned in the previous clause. However, THL shall be bound to the same obligations as the contractor.

4 Registered members shall be responsible for the correction of errors in registered personal information, changes to the latest personal information, cancellation of registration, etc., and THL shall not be liable for any problems related to these.

Section 8: Apps Using HealthPlanet API

Article 29: Definitions

1 Any application developed or provided by a third party that uses API (application program interface) provided by THL is considered an app using HealthPlanet API.

2 Please note that registered members are responsible for their own use of apps (applications) that use HealthPlanet API, and must verify and agree to the following items. THL offers no guarantees regarding damage that may occur as a result of such use.

(1) When a registered member uses an app that uses HealthPlanet API, other information on HealthPlanet related to the registered member may be supplied to this app (information supplied varies depending on the app).

(2) This may include personal information, so please use apps that use HealthPlanet API only after carefully checking the details of the information to be provided and agreeing to provide that information.

(3) Please be aware that the scope of information provided to an app that uses HealthPlanet API depends on the settings of that app, regardless of the settings in HealthPlanet. Any information provided to the app may be acquired by the developer of the app. However, the login information (registered email address and password) of the registered member will not be provided.

(4) Use of HealthPlanet via apps that use HealthPlanet API is subject to The Agreement.

(5) Do not enter your registered email address or password for HealthPlanet into apps that use HealthPlanet API (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 into apps that use HealthPlanet API).

(6) Apps that use HealthPlanet API are developed and provided by a said third party separate from THL. Please note the terms of use, privacy policy, etc. of apps using HealthPlanet API for information on the usage conditions, operating environments, etc. of that app.

(7) Services provided and personal information collected on apps using HealthPlanet API are the responsibility of the said third party, and THL accepts no responsibility and offers no guarantees. Please contact the third party directly of any queries regarding an app using HealthPlanet API.

(8) If THL judges that an app using HealthPlanet API contains content that is inappropriate according to the terms of The Agreement, or that the app may present issues relating to the privacy, security or safety of registered members, THL may disable the use of that app. However, THL does not accept responsibility for preventing all such use of apps using HealthPlanet API. Additionally, THL offers no guarantees of any kind regarding the safety and content of apps using HealthPlanet API.

Article 30: Handling of Paid Content

(1) When a message indicating payment is displayed while using an app, use of the paid content will be allowed upon payment of the applicable price.
A usage fee and time limit are applied to each paid content, which may be used within the designated period.

(2) Charges for paid content, methods of payment, and other matters shall be determined separately by THL and displayed via the Service or THL website.

(3) THL may charge for contents that are free or change the price of paid content in The Service at its discretion.

(4) Paid content is licensed only in accordance with the registered information of the user.

2 When the limited time allowed for use of the paid content has expired, the user loses all rights to the paid content and may no longer use the said content.

3 THL accepts no responsibility for any damages incurred by the user or a third party resulting from the termination of paid content for any reason.

4 Regardless of any reason, including termination or cancelation of The Agreement, or operational errors by the user, once the user has paid the usage fee for paid content, the user agrees in advance without objection that THL will not make any refunds.

Section 9: Miscellaneous Provisions

Article 31: Copyrights, Etc.

1 All content, software, designs, window information, trademarks, logos, etc. comprised by or included in The Service are copyrights, trademarks, design rights or other intellectual property rights belonging to or managed by THL.

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 The Service beyond the scope of private use.

3 If measurement data provided to THL for the purpose of using The Service contains copyright(s), the copyright(s) of the information are considered to be transferred to THL at the time the information is provided to THL.

4. Registered members shall recognize THL’s right to use photos, etc. provided to THL through the use of The Service, without remuneration (including duplication, copying, alteration, relicensing to a third party and all other uses of this nature). Registered members shall not exercise the author’s personal rights.

However, registered members are not prohibited from using photos, etc. that they themselves have posted, or from posting them to other similar services if the photos, etc. existed before the registered member provided them to The Service (however, THL shall not be involved in the operational rules of other services).

The scope of the usage permission granted to THL by registered members also includes sublicensing of posted photos, etc. to other registered members through The Service. Registered members may therefore edit photos and other posts to The Service by other members through methods stipulated by THL.

Article 32: Changes to The Agreement

THL may change The Agreement with notice provided to registered members. In this case, the change shall take effect when the registered member is notified, unless otherwise stipulated in the notification.

Article 33: Notifications

1 Unless specifically stipulated in The Agreement or regulated by law, notifications from THL to registered members shall be given by a method deemed appropriate by THL, such as by email, letter or a post on THL's website.

2 Unless specifically stipulated in The 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 THL's website shall take effect from the time they are posted.

Article 34: Governing Laws and Jurisdiction by The Agreement

1 The conclusion, effect, fulfillment and interpretation of The Agreement shall be governed by Japanese law.

2 In the event of a need for legal action, etc. between the registered member and THL relating to The Agreement or The 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

Revised January 21, 2021

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