Effective as of November 1, 2023
1. This Agreement governs all relationships between you (the “User”, as defined in Section 4) and us in connection with your use of the MMC service (the “Service”). By accessing or using the Service, you accept and agree to be bound by this Agreement.
2. If you access our website (as defined in Section 2) and use the Service, you are deemed to have agreed to this Agreement.
3. Third-party services such as web-conferencing, reservation management, and payment processing are provided by external providers; their own terms apply to those services and this Agreement does not govern them.In this Agreement:
1. “Service” means the counselling service provided by us under the name MMC”. If the service name or content changes, such changed service is also included.
2. “Website” means the website we operate for the provision of the Service (domain: https://mymental-care.com). If our domain or website content changes, the changed website is included.
3. “Service Usage Contract” means the individual contract concluded between you (the User) and us each time you apply for counselling with a designated counsellor.
4. “User” means an individual who has completed registration in accordance with Section 5.
5. “Counselling” means listening to and providing consultation on the User’s mental concerns and issues.
6. “Counsellor” means a person who is either a certified public psychologist (公認心理師), a clinical psychologist (臨床心理士), or a person studying at a specialist institution to obtain such certification.
7. “Assigned Counsellor” means the counsellor appointed by us who provides counselling to the User under the Service Usage Contract.
1. The Service aims to support Users’ self‐understanding, psychological assistance, and the mitigation of difficulties by the Assigned Counsellor listening to the User’s concerns. The Service does not guarantee improvement of mental or physical health or resolution of problems.
2. Users shall use the Service based on their own free choice, judgement and consent, considering their health condition.
3. In compliance with medical laws (e.g., the Medical Practitioners Act) the Assigned Counsellor will not perform medical treatment, make diagnoses or prescribe medication. The Service may not be used for medical diagnosis or treatment purposes.
4. The Service is not covered by medical insurance, and fees paid are not eligible for medical deduction for tax purposes.
5. It is the User’s responsibility to determine whether consultation with a medical institution is required. If the User’s physical or mental condition deteriorates during or after the use of the Service, we shall not be liable.
6. If the User judges that medical care is necessary, or is currently under care, they should consult a medical institution or physician before using the Service.
7. If we judge the User’s mental or physical condition to warrant medical care, we may suspend or discontinue counselling, or suggest providing services via medical institutions.
8. Any psychological test used in the Service is created based on prior research but may contain our own classifications or interpretations; results may not fully align with tests used in medical institutions. They should be regarded only as a guideline.
1. We or the Assigned Counsellor may refuse to provide the Service to a prospective User (“Applicant”) if the Applicant falls under any of the following:
a) Currently hospitalized due to a mental disorder.
b) Based on the pre‐questionnaire (see Section 7), it is reasonably judged the Service is not suitable (e.g., risk of self-harm or harm to third parties).
c) Under treatment at a psychiatric or psychosomatic clinic and does not have consent from their treating physician for counselling through the Service.
d) A minor, ward under adult guardianship, or person under curatorship/assistance without valid consent from a legal representative.
e) Unable to verify identity via identity proof. f) Provided false, significant incorrect or omitted information in registration.
g) Is or has been within five years a member of or affiliated with an antisocial force, or is reasonably judged to be doing so.
h) Has previously breached a contract with us, or is judged to be related to such person.
i) Wishes to receive a service which we do not provide (e.g., medical treatment).
j) Otherwise judged by us as inappropriate for the Service.
2. If we refuse the Applicant’s use of the Service under the preceding paragraph, we are not obligated to disclose the reason.
1. To use the Service, you must register as a User. The Applicant may apply for registration via the Website by agreeing to this Agreement and providing the required information (“Registration Information”).
2. If the Registration Information (or part thereof) is false, mis‐recorded, or omitted, or if it is found that the conditions of Section 4 are not satisfied, we may refuse or cancel registration.
3. If we refuse or cancel the registration under the preceding paragraph, we are not obligated to disclose the reason.
The User must promptly notify us of any changes to their Registration Information by the method specified by us.
1. A User using the Service for the first time must respond to a questionnaire (the “Preliminary Questionnaire”) for the purpose of assessing suitability and improving counselling effectiveness.
2. The Preliminary Questionnaire is generally answered once upon registration under Section 5.
3. Responses to the Preliminary Questionnaire may be shared within the Service when we deem it necessary.
1. We will issue a user ID and password (“Credentials”) to the User.
2. The User shall manage and keep the Credentials securely, and shall not permit third parties to use, lend, transfer, alter the registered name, sell or otherwise dispose of the Credentials.
3. If any damage arises to us or a third party due to the User’s negligence in managing the Credentials or because a third party uses the Credentials, the User shall be liable for that damage.
The User may view the proposed Assigned Counsellor on the Website (based on the Preliminary Questionnaire) and apply to reserve a counselling session by selecting the desired Assigned Counsellor and date/time via the method in Section 10(1). If the reservation is accepted, the User may receive counselling at the reserved date/time via the designated web‐conferencing service.
1. The User applies for counselling through the Website by selecting the desired Assigned Counsellor and counselling date/time.
2. We shall confirm whether the Assigned Counsellor is available for the requested date/time and notify the User of the result within 24 hours from the application. If the requested date/time is available and we notify the User of acceptance, then a Service Usage Contract is concluded between us and the User at the time of such notification.
1. The User shall pay the counselling fee as separately determined for each Assigned Counsellor by the deadline specified and by the payment method we designate.
2. If the User delays payment of the fee, we may charge a late payment interest at an annual rate of 14.6% (calculated daily on a 365-day basis).
1. The User may cancel a reserved counselling session via the Website up to 24 hours before the reserved date/time.
2. If the User wishes to change the reservation date/time, they must first cancel the reservation following paragraph 1 and then make a new reservation.
3. If the cancellation is made less than 24 hours before the reserved date/time, the User shall pay a cancellation fee of ¥1,500.
1. If we must cancel a reservation due to unavoidable circumstances of the Assigned Counsellor, we will, as a general rule, cancel only if 24 hours or more remain before the reserved date/time. We will notify the User via the chat page within the Service.
2. We may propose one change of reservation date/time per session.
3. When we propose a change, we will suggest a new date/time on the Website. If the User accepts the proposed date/time, the cancelled reservation is treated as changed under this Agreement and cannot be further cancelled by us.
4. If cancellation by us occurs within less than 24 hours before the reserved date/time (due to unavoidable circumstances), we will issue the User a ¥500 voucher usable for counselling fees.
5. Once a User accepts the alternative date/time under paragraph 3, the reservation is deemed changed rather than cancelled, and this Agreement continues to apply.
1. Counselling shall commence at the reserved time regardless of the User’s attendance. The User must connect to the designated web-conferencing service by the reserved time.
The counselling concludes at the reserved end time. Unless the User and the Assigned Counsellor agree that an extension is needed, then extension may be mutually agreed.
2. If counselling is extended, the User shall pay an extension fee, calculated pro rata every 5 minutes based on the fee under Section 11(1).
3. During counselling, both the User and the Assigned Counsellor shall use earphones, headphones or other means to ensure confidentiality and prevent leakage of counselling content.
4. The User shall not conduct counselling in an open space or where third-party voices or presence may interfere. The User may not have a third party (other than the User) present during the counselling session.
1. If the User does not connect to the designated web-conferencing service by the reserved date/time, the Assigned Counsellor will send one reminder at 5 minutes after the reserved time.
2. If the User connects within 15 minutes of the reserved time, this is regarded as late arrival, and the session will end at the scheduled end time; no extension will be granted for lost time.
3. If the User does not connect within 15 minutes, the session is deemed cancelled and the Assigned Counsellor will end the session.
4. If the User requests interruption during a session, or the Assigned Counsellor judges that the User is intending self-harm or third-party harm or otherwise the session should appropriately end, the Assigned Counsellor may discontinue the session at that time.
5. Even if there is late start, interruption or no-show under this Section, no refund, reduction or settlement of the fee will be given, unless the cause is attributable to us.
1. We will disclose counselling records only if the User requests them.
2. However, we may withhold some or all disclosure if any of the following applies:
a) Disclosure may adversely affect the User’s mental or physical condition.
b) Disclosure may harm the life, body, property or other rights of the User, their family, or a third party.
c) Disclosure may significantly impede our business operations.
d) Disclosure would violate applicable laws.
e) We determine that disclosure is otherwise inappropriate.
1. Copyright and intellectual property rights in the Website content and other content relating to the Service are owned by us or our licensors, and Users shall not reproduce, reprint, modify or otherwise exploit such content without our prior consent.
2. The copyright in any information or responses you provide in psychological tests, questionnaires or interviews (“User Information”) belongs to you. However, we may use such User Information, in whole or in part, at our discretion, without specific notice, consent or compensation to you.
3. You agree not to assert moral rights (author’s rights of personality) in relation to your User Information.
4. We may use the foregoing content under Sections 17(1) and (2) for publication or other business purposes.
5. We respect third-party copyright and intellectual property rights. If you infringe third-party rights through the Service, we may suspend your access at our discretion.
1. When using the Service, you shall not engage in any of the following:
a) Acts that may adversely affect your mental or physical condition upon disclosure.
b) Acts contrary to public order and morals.
c) Infringement of our or third-party intellectual property rights, portrait rights, privacy, honour or other rights.
d) Demanding services not included in the Service (e.g., medical treatment, job placement).
e) Registering with false facts or using false information.
f) Cancelling counselling without notice.
g) Unauthorised recording, filming or screen-capture of counselling content.
h) Publishing counselling content via website or SNS without permission.
i) Unauthorized reproduction or distribution of information relating to the Service.
j) Transmitting any of the following information to us or the Assigned Counsellor:
i. Violence or cruelty or anti‐social expression.
ii. Computer viruses or other harmful programs.
iii. Expression that damages our or third-party reputation.
iv. Excessive obscenity.
v. Expression promoting discrimination.
vi. Expression encouraging suicide or self-harm.
vii. Expression encouraging improper drug use.
viii. Chain mail or forwarding third-party dissemination.
ix. Expression that causes discomfort to others.
k) Over‐loading the network or system of the Service.
l) Obstructing the operation of the Service or causing disturbance.
m) Unauthorized access to our or third-party systems.
n) Impersonation of another person.
o) Use of another User’s ID or password.
p) Advertising, solicitation or business activities on the Service without our prior permission.
q) Collecting information about other Users.
r) Acts that disadvantage, annoy or cause damage to us, the Assigned Counsellor or other third parties.
s) Acts that violate the Service usage rules posted on the Website.
t) Provision of funds to antisocial forces.
u) Any act that leads to or facilitates any of the foregoing.
v) Attempting any of the foregoing.
2. You shall not reproduce, transmit, distribute or adapt any messages or information obtained in the Service without our permission. However, duplication for household use is excluded.
We may, without prior notice or demand, immediately terminate the Service Usage Contract or cancel the User’s registration if the User:
1. engages in any act specified in Section 18;
2. fails to pay fees when demanded;
3. is judged to be in a state in which no therapeutic effect is expected;
4. is judged to have a mental/physical condition that is likely to worsen by use of the Service;
5. cannot effectively communicate in Japanese;
6. is judged by psychological findings to be inappropriate for counselling;
7. during counselling is judged to require referral to a medical institution;
8. falls under any item of Section 4(1);
9. fails to respond to our contact attempts for one month or more at the registered contact address;
10. cancels counselling without notice three or more consecutive times;
11. in any other case we judge continued use is inappropriate.
We may suspend or interrupt the Service in whole or in part without prior notice if any of the following occur:
1. Urgent inspection or maintenance of the computer system for the Service.
2. Faults in computers, communication lines, excessive access concentration, unauthorized access or hacking.
3. Force majeure such as earthquake, lightning, fire, flood, power outage or other natural disasters.
4. Other circumstances which we judge require suspension or interruption.
1. We may modify the Service (in whole or in part) at any time without prior notice if we judge it necessary.
2. If we terminate the Service, we shall provide notice to Users (excluding those whose last use was more than three years ago) in advance by a method we judge reasonable.
1. You and we shall keep strictly confidential all technical, operational or business information (the “Confidential Information”) learnt in relation to the Service, and shall not disclose or leak it to any third party or use it for any purpose other than for this Agreement or the Service, save that you may disclose to your personnel, advisors (lawyer, certified psychologist, tax accountant, financial adviser) on condition they assume equivalent confidentiality obligations.
2. The confidentiality obligation shall not apply to information which:
a) you already possessed at the time of disclosure;
b) was already public at the time of disclosure or becomes public other than through your fault;
c) was obtained legitimately from a third party;
d) was independently developed by you;
e) disclosure is otherwise permitted by the other party.
1. The handling of the User’s personal information, including counselling records, is governed by our Privacy Policy. By using the Service, you agree to our handling of your personal information under that policy.
2. We may use, at our discretion and without separate notice or compensation, information you provided or results of counselling in anonymised statistical form, and you agree to this.
3. We may use anonymised information you provided or obtained through counselling for clinical research (including presentations at academic conferences or research meetings). If your written consent is obtained, we may record or audio-record counselling sessions for education or research purposes.
1. We do not guarantee that the Service is suitable for any particular purpose, meets your expectations, improves your mental or physical health, resolves your condition, or provides treatment or symptom improvement.
2. If your mental or physical condition deteriorates during or after use of the Service, or any accident, damage or loss occurs, you are deemed to have used the Service after your voluntary choice; we shall not be liable except in the case of our wilful misconduct or gross negligence.
3. We do not guarantee that the Service meets your expectations with respect to functionality, accuracy or usefulness.
4. We do not guarantee the operation of any equipment or software you use to access the Service.
5. If a dispute or contact arises between you and another User or Third Party in relation to the Service or Website, we are not liable for any resolution of such matter; you shall resolve it yourself.
1. We are not liable for any damage arising from your inability to use the Service unless we are at fault through wilful misconduct or gross negligence.
2. If we are liable for damages to you, whether due to breach, tort or unjust enrichment, our total liability shall be limited to the total fees you paid to us under the relevant Service Usage Contract(s). This limitation does not apply in the case of our wilful misconduct or gross negligence.
When you use third-party services (such as web-conferencing, reservation management, payment services) in connection with the Service, you agree that:
1. You will comply with the terms and guidelines of the third-party service provider.
2. You will download, install and review such service.
3. You will undertake all download, installation, configuration and use at your own risk and expense.
4. We shall not be liable for any malfunction of such third‐party service after counselling has begun.
5. We shall not be obliged to respond to any inquiries regarding third-party services.
You shall not assign, transfer, pledge, or otherwise dispose of your membership status or your rights or obligations under this Agreement without our prior written consent.
This Agreement and the Service Usage Contract shall be governed by Japanese law. Any and all disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court as the court of first instance, depending on the amount of the claim.
1. We may amend this Agreement without obtaining your prior consent, if the amendment is consistent with the general interest of Users and does not contravene the purpose of this Agreement.
2. When amending this Agreement, we will publicise the amendment, its effective date, and the revised terms by our Website or other reasonable method, prior to the effective date. However, if the law or regulations require your individual agreement, we will obtain it.
1. The governing law for this Agreement and any Service Usage Contract is Japanese law.
2. All disputes arising out of or related to this Agreement or any Service Usage Contract shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or Tokyo District Court, as the first instance, depending on the claim amount.