Terms of service

SCOPE

1.1 The terms and conditions of this Agreement (the “Agreement”), as amended from time to time, are the terms and conditions of use governing the provision and use of the Services provided by Tokyo Business Partners Corp.(“TBP”) to you (the “User”).

1.2 By requesting for and/or using any Services provided by TBP, the User acknowledges that the User shall unconditionally accept and comply with the terms and conditions of this Agreement.

2. PROVISION OF MEDICAL CONCIERGE AND COORDINATION SERVICES

2.1 The User understands that TBP provides to the User medical concierge and coordination services in relation to medical services such as stem cell therapy, stem cell culture supernatant treatment and other medical treatment (“Medical Service”).

2.2 The services provided to the User are subject to the payment of fees by the User.

2.3 The User acknowledges and accepts that the Medical Service shall be provided by licensed individual professionals or professional institutes (“Medical Specialists”)  TBP itself does not provide the Medical Service and its services is limited to the coordination between clinics and the User including but not limited to provision of information about clinic, therapy and treatment, booking arrangement、accompaniment to clinic and interpretation at the clinic.

2.4 The User retains absolute discretion in selecting the therapies or treatments available to the User as introduced by TBP.

2.5 The User acknowledges and agrees that the User shall be solely responsible for any decisions or choices the User make regarding therapy and/or treatment, whether or not those decisions are based on introduction by TBP.

 2.6 The User acknowledges and agrees that TBP is not responsible for any consequence or result, whether directly or indirectly, of the decision or choices made by the User.

3. AESTHETIC SERVICES

3.1 The User understands that non-medical aesthetic treatments (“Aesthetic Service”) are provided by the specialists who are each an individual professional or professional institute according to his/her/its own methods (“Aesthetic Specialist”). TBP is not responsible for the nature, scope, contents and extent of the Aesthetic Services or any actions of any Aesthetic Specialists.

3.2 The User acknowledges and agrees that TBP is not responsible for any consequence or result, whether directly or indirectly, of the Aesthetic Services received by the User or for the acts or omissions of any Aesthetic Specialists introduced to the User by TBP through the Services.

3.3 The User further acknowledges and agrees that TBP and/or the Aesthetic Specialist is not a medical or healthcare service provider. If an emergency or urgent medical situation arises, it is solely the User’s responsibility to contact the relevant medical institutions for emergency medical care.

4. ADEQUACY OF AESTHETIC SPECIALISTS AND AESTHETIC SERVICES

4.1 The User understands that whilst TBP will exercise its best endeavor to procure the relevant Medical Specialists and/or Aesthetic Specialists to meet the User’s objective as indicated to TBP, TBP does not guarantee that the Services, any Medical Services or any Aesthetic Services rendered by any Medical Specialists or Aesthetic Specialists introduced to the User shall be effective to meet any requirements so requested by the User.

4.2 All decisions in connection with the Medical Services and/or the Aesthetic Services offered by the Medical Specialists and/or the Aesthetic Specialists and acceptance thereof by the User shall be the sole responsibility of the User. In connection with how and when any services are to be dispensed by TBP, the Medical Specialists and/or the Aesthetic Specialists, TBP shall be entitled to rely on all decisions and approvals of the User.

4.3 For the avoidance of doubt, the Services provided by TBP does not constitutes (i) medical advice or diagnosis; or (ii) any recommendation regarding the treatment of any illness or disability.

5. ACCURACY OF INFORMATION.

5.1 The User acknowledges and agrees that the satisfactory or adequate provision of the Services is heavily dependent upon the User having provided all relevant materials and information and answered  questions of TBP and/or the Medical Specialists and/or the Aesthetic Specialists fully and accurately. TBP has no responsibility to ensure the accuracy or completeness of the information provided by the User even if TBP had reason to know or should have known of such inaccuracy or incompleteness.

6. ANCILLARY SERVICES

6.1 In providing the Services, TBP may from time to time have arrangements/tie-ups with the Aesthetic Specialists, medical service providers, business partners of TBP or such other third party for the offering of such Ancillary Services that TBP deems fit. These Ancillary Services may be availed to the User at the sole cost and expense and upon the User’s option. The User hereby acknowledges and agrees that the User shall not make any claim against TBP in relation to any deficiency or defect in the Ancillary Services.

7. DISCLAIMER AND INDEMNITIES

7.1 The User hereby unconditionally and irrevocably undertakes to indemnify and hold harmless TBP, its officers, employees, agents or representatives against all claims, damages or costs, occasioned by, any default or breach of the terms and conditions herein by the User.

7.2 TBP shall not be liable for any loss, damages, costs or expenses incurred by the User in connection with or arising from the Medical Services or the Aesthetic Services. TBP shall not be responsible nor liable for any complications (including without limitation medical complications) or other consequences that may arise from the provision of the Services, the Medical Services or the Aesthetic Services.

7.3 Unless otherwise expressly stated herein, TBP shall not be responsible for, and shall not be liable to indemnify or contribute whatsoever for any claims, damages, costs occasioned or suffered by the User in relation to or arising out of any acts or defaults of the Medical Specialists, the Aesthetic Specialists or its officers, employees, agents or representatives howsoever arising.

8. LIMITATION OF LIABILITY

8.1 The user acknowledges and agrees to these limitations, meaning they accept that their potential recovery from TBP in any dispute is limited to the fees they have paid, and they cannot claim for indirect or special types of damages.

8.2 The user acknowledges and agrees to these limitations, meaning they accept that their potential recovery from TBP in any dispute is limited to the fees they have paid, and they cannot claim for indirect or special types of damages.

8.3 TBP is not liable for any loss of income or profits, whether these are direct or indirect losses.TBP is also not liable for any consequential, special, incidental, or punitive damages, regardless of how these damages arise or whether the User was informed about their possible occurrence.

9. NATURE OF SERVICES PROVIDED BY TBP

9.1 The User acknowledges and agrees that TBP, its officers, directors, employees, agents and representatives provide the Services "as is" and without any warranty or condition, express, implied or statutory. TBP, its officers, directors, employees, agents and representatives specifically disclaim any implied warranties of merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by the User from TBP howsoever arising shall create any warranty.

10. DISPUTE RESOLUTION AND RELEASE.

10.1 In the event a dispute arises between the User and one or more of the Aesthetic Specialists, the Medical Specialists, business partners of TBP or such other third party, the User hereby releases TBP (and TBP’s officers, directors, agents, representatives and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. TBP may, for the User’s benefit, try to help the User resolve disputes, provided always that, any such assistance is provided only in TBP’s sole discretion and TBP has no obligation to resolve disputes between the foregoing parties. To the extent that TBP attempts to resolve a dispute, TBP will do so in good faith based solely on TBP s policies. TBP will not make judgments regarding legal issues or claims.

11. INFORMATION DISCLOSURE

11.1 The User hereby represents and warrants that all information and documentation disclosed by the User to TBP and/or contained in the User’s request to TBP (including without limitation any medical reports and transcripts) are true and correct. The User further acknowledge and agree that TBP shall not be liable for any inaccuracies or inadequacies in the User’s disclosure or his/her medical / confidential / personal / familial information, history or condition or other records (the “Information”) to TBP, the Medical Specialists or the Aesthetic Specialists.

11.2 The User acknowledges and agrees that it is the responsibility of the User to ensure that all Information provided by the User is updated such that TBP may discharge the Services and any of TBP’s obligations herein this Agreement.

11.3 The User further acknowledges and agrees that TBP shall have the right to disclose the Information to the Medical Specialists, the Aesthetic Specialists, business partners of TBP or such other third party and their employees as necessary in discharge of the desired Services, in such manner as TBP may deem fit. The User acknowledges that TBP shall not be liable for non-disclosure or incomplete disclosure of any Information to the Medical Specialists, the Aesthetic Specialists, business partners of TBP or such other third party and their employees.

12. INFORMATION STORAGE

12.1 The User acknowledges and agrees that in discharging the Services to the User, it may become necessary for TBP to maintain copies of the Information in such medium as TBP deems necessary.

12.2 Accordingly, the User hereby gives consent to the storage of Information on by TBP (including without limitation storage on such third party services and/or software) and shall further hold harmless TBP against any and all claims, costs, losses, expenses and demands arising out of or in connection with the Information so stored by such third party services and/or software.

13. FEES, CHARGES AND TERMINATION

13.1 The User shall pay TBP all charges and fees invoiced to the User for the provision of the Services within the due date indicated in TBP’s invoice. TBP shall be at liberty to levy late interest of 15% per annum on all outstanding amounts that remain payable beyond the due date for payment. TBP shall have the right to modify the fees and charges in relation to the Services (or any part thereof) and the Ancillary Services that may be made available to the User from time to time, and without any requirement of giving any prior notice. The User acknowledges and agrees that TBP shall be entitled to charge according to TBP’s standard list from time to time in force and the User shall pay for any additional Services requested by the User from TBP.

13.2 The User acknowledges and agrees that the charges and fees invoiced to the User by TBP for the provision of Services by TBP are separate and distinct from the fees and charges arising from or in connection with any services and or Aesthetic Services provided by the Aesthetic Specialists. Unless otherwise notified to the User in writing, under no circumstances does TBP purport to collect on behalf of any Aesthetic Specialists, payment in any kind for any services/Aesthetic Services provided by the Aesthetic Specialists to the User. It is the User’s sole responsibility to make payment to the Aesthetic Specialists or such party that the Aesthetic Specialists may direct in relation to any services/Aesthetic Services provided by the Aesthetic Specialists to the User.

13.3 The User acknowledges and agrees that the User shall not be entitled to any cancellation of the Services and/or refund of any charges and fees paid to TBP in any circumstances following payment by the User to TBP in accordance with any invoice issued under this Clause 13.

13.4 Notwithstanding any other provision herein, TBP shall be entitled to immediately terminate this Agreement:

(a) if the User fails to pay the fees or price of the Services as invoiced by TBP or any sum due under this Agreement for more than seven (7) days after such sum is due and payable; or

(b) if the User shall have wrongfully failed to accept the Services purchased by and offered to the User under this Agreement.

13.5 In the event of the User defaulting or committing any breach of its obligations in this Agreement, TBP shall forthwith be entitled to (in addition to any other rights of TBP herein this Agreement) suspend further performance of any and all of the Services or in the alternative, to treat this Agreement as wrongfully repudiated and forthwith terminate the Agreement.

13.6 Any termination of such Agreement howsoever occasioned shall not affect any accrued rights or liabilities of TBP nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

14. CHANGE OF TERMS

14.1 The Services provided by TBP and the terms and conditions herein are subject to change by TBP, without any requirement of giving prior intimation to the User. TBP further reserves the right to modify or terminate any Service/Ancillary Service (including without limitation their provision thereof) for any reason, without notice, at any time.

15. FORCE MAJEURE

15.1 TBP shall not be liable for its failure to perform under the terms of this Agreement if such non-performance results from the occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labor unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of TBP.

16. CONFIDENTIALITY

16.1 Save as otherwise agreed by TBP, the User agrees to keep strictly secret and confidential, and shall under no circumstances disclose to any third party or entity, the terms of this Agreement or the names and particulars of Aesthetic Specialists or the parties providing the Ancillary Services) unless with the prior written consent of TBP.

17. PERSONAL DATA PROTECTION ACT

17.1 The User acknowledges and agrees that in the course of receiving the Services, TBP may collect, use and disclose the User’s personal data in accordance with TBP’s Privacy Policy (a copy of which can be found at https://beautytriptokyo.com/policies/privacy-policy) The User acknowledges and agrees that the terms of TBP’s Privacy Policy form part of this Agreement.

18. ASSIGNMENT

18.1 The User shall not (nor shall it purport to) assign, transfer, charge or otherwise deal with all or any of its rights, interests or obligations under this Agreement or grant, declare, create or dispose of any right, interest or obligation in it without the prior written consent of TBP. TBP shall have the right to assign this Agreement without the User’s prior written consent.

19. SEVERABILITY

19.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question (if any) shall not be affected.

20. NOTICES

20.1 Any notices or other information required or authorized by this Agreement to be given by either party to the other may be given by hand or sent (by pre-paid post, facsimile transmission, electronic mail or comparable means of communication) to the other party at the address notified by the party concerned in writing from time to time.

21. RIGHTS OF THIRD PARTIES

21.1 This Agreement is entered into by the parties hereto exclusively for the benefit of the parties hereto. Nothing in this Agreement shall confer or be deemed to confer any right or benefit on any third party (including any third party identified or introduced by me for the purposes of this Agreement) and nothing in this Agreement shall be enforceable or relied upon in any way by any third party against any party hereto. Notwithstanding any provision herein, the parties hereto may at any time and from time to time, by mutual agreement, vary or rescind this Agreement without the consent of any third party.

22. USER’S WARRANTY

22.1 The User warrants to TBP that the User has not been induced to enter into this Agreement by any prior representations or warranties, whether oral or in writing, except as specifically contained in this Agreement and the User hereby irrevocably waives any right it may have to claim damages for any misrepresentation contained in this Agreement or for breach of any warranty not contained herein (unless such misrepresentation was made fraudulently and relied upon by the User) and or to rescind this Agreement.

 23. GOVERNING LAW AND JURISDICTION

23.1 This Agreement shall be governed by and construed in accordance with the laws of JAPAN.

23.2 The Tokyo District Court shall have jurisdiction over any disputes regarding this Agreement.

 24 CONTACT INFORMATION

 Questions about the Terms of Service should be sent to us

at admin@tokyobp.com