Terms & Conditions
[Effective as of September 2021]
Kosei Pharmaceutical Co., Ltd. and its affiliates (“Kosei Pharma“, “we“, “us“ or “our“) provide website features and services to healthcare professionals under the name synapse when you visit the website synapse.inc (“synapse“). These Terms & Conditions (“Terms“) govern your use of any products or services from synapse. We may change the Terms from time to time by updating this page. We will not necessarily bring changes or updates to your attention so please revisit this page periodically to re-read the Terms and to ensure you are aware of any changes.
BY SETTING UP AN ACCOUNT WITH SYNAPSE AND/OR BY USING PRODUCTS OR SERVICES FROM SYNAPSE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SET UP AN ACCOUNT AND DO NOT PROCEED TO USE SYNAPSE. YOU ALSO AGREE TO COMPLY WITH ANY INSTRUCTIONS WE PROVIDE IN RELATION TO SYNAPSE.
- 1.1.Kosei Pharma hereby grants you a non-transferable license to use synapse on any hardware that you own or control, meeting the technical specifications required to run synapse.
- 1.2.You may not:
- 1.2.1.reverse engineer, decompile, copy, disassemble, attempt to derive the source code of, adapt or create derivative works of synapse, any updates or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law);
- 1.2.2.rent, lease, lend, sell, transfer, redistribute, or sublicense synapse; or
- 1.2.3.attempt to transmit any malware to or via synapse, or any other harmful or disruptive component.
- 1.3.You acknowledge and agree that any unauthorized or illegal use of synapse may give rise to a claim for damages against you by us, and/or be a criminal offence. Any unauthorized use of synapse will result in your access being terminated in accordance with clause 6 and if necessary, will be reported to the relevant law enforcement and/or professional regulatory authority.
- 2.1.Your account and use of synapse is strictly restricted to the period of your employment at the incorporated or unincorporated entity (including partnership or self-employment) at the time your account is created (“Employment“).
- 2.2.If you leave your Employment for whatever reason, other than for reasons of a merger or acquisition, you must notify Kosei Pharma of such change in order to enable closure of your account. You may be entitled for re-registration under your new employment status.
- 2.3.Your permission and access to your synapse account and license to use synapse shall cease on termination of your Employment. Continued use of synapse thereafter will be unauthorized use and subject to clause 1.3.
These Terms govern any upgrades that replace and/or supplement the original version(s) of the synapse website, unless such upgrade(s) is accompanied by any addendum, in which case the terms of such addendum will be deemed incorporated into these Terms.
4. Consent to Use of Data/Data Privacy
- 4.1.You agree that Kosei Pharma may collect and use technical data and related information, including but not limited to technical information about your device, system and applicable software, that is from time to time gathered to facilitate the provision of software updates, product support, and other services to you (if any) related to your use of synapse. Kosei Pharma may use this information, subject to this clause 4, to improve its products or to provide services or technologies to you.
- 4.2.All personal data that you submit to Kosei Pharma will be collected, processed and used in accordance with Kosei Pharma's Privacy Policies and all applicable laws. By accessing and using synapse, you consent to the collection, processing, use and disclosure of the personal data and you warrant that all data provided is accurate. You also agree that personal data you submit may be viewed by other users of synapse within your institute.
- 4.3.In any event, Kosei Pharma is committed to using commercially reasonable efforts to ensure that personal data is protected appropriately, according to the sensitivity of the information and applicable laws.
- 4.4.We seek to keep secure all confidential information and personal data in accordance with our obligations under applicable laws and regulations. However, in common with all website operators, we cannot guarantee the security of any data transmitted through synapse (except where the same is encrypted). Information you send through synapse is sent at your own risk.
5. Your Account
- 5.1.You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
- 5.2.You will tell us immediately of any unauthorized access to any of the accounts that you know about or suspect.
- 5.3.You agree that we may terminate your account and/or use of synapse if you fail to comply with these security procedures.
- 6.1.Our business may change over time and we reserve the right to discontinue synapse and its services in whole or in part, and to terminate your account at our discretion without notice to you.
- 6.2.Your use of synapse is governed by these Terms, unless your account is terminated:
- 6.2.1.by you no longer requiring the use of synapse and providing Kosei Pharma with reasonable notice to close your account, or immediately by virtue of clause 2.3; or
- 6.2.2.by Kosei Pharma in accordance with clauses 2.3, 5.3 or 6.3.
- 6.3.In the event that you fail to comply with the Terms, your rights herein shall terminate automatically without notice from Kosei Pharma.
- 6.4.Upon termination of your account and/or use of synapse, you shall cease all use of synapse.
7. No Warranty
- 7.1.While we have taken reasonable steps to ensure the accuracy and completeness of the information on synapse, it is provided on an “as is“ basis and we give no warranty and make no representation regarding the accuracy or completeness of the content.
- 7.2.To the extent permitted by law, Kosei Pharma does not make any promises or warranties, either expressly or implied, with respect to its services and in particular does not warrant that:
- 7.2.1.synapse will be available on an uninterrupted basis or be error-free;
- 7.2.2.synapse will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Kosei Pharma disclaims any liability relating thereto. You shall be responsible for backing up your own system and installing appropriate anti-virus software and firewalls; or
- 7.2.3.the content it makes available is up to date, reliable, accurate, suitable or complete.
8. Limitation and disclaimer of liability
- 8.1.Notwithstanding clause 8.2, Kosei Pharma and its representatives shall not be liable for any loss or damage caused by Kosei Pharma or its representatives where:
- 8.1.1.there is no breach of any statutory duty of care owed to you by Kosei Pharma or its representatives;
- 8.1.2.the result of such breach was not reasonably foreseeable;
- 8.1.3.there is any contributable increase in loss or damage by you;
- 8.1.4.it results from a decision by Kosei Pharma or its representatives to warn you, to suspend or terminate your access to and/or account with synapse, or to take any other action during the investigation of a suspected violation or as a result of Kosei Pharma’s reasonable conclusion that a violation of these Terms has occurred; or
- 8.1.5.it relates to loss of income, business or profits, or any loss or corruption of data in connection with your use of synapse.
- 8.2.Nothing in these Terms shall exclude Kosei Pharma's liability to you for death or personal injury as a result of the negligence or fraudulent misrepresentation by Kosei Pharma or its representatives.
- 8.3.Kosei Pharma does not accept any liability for any use, or misuse, of the information presented on synapse or for any loss or damage which may arise from access to or reliance on information published on synapse, except where that liability may not be excluded or limited by law. No liability can be accepted in respect of losses or damages arising out of the unavailability of any content on synapse.
- 8.4.The content on synapse does not constitute medical advice concerning appropriate diagnoses, therapies, or treatment programs for any disease or condition or the suitability of product(s) for patients. If you are a healthcare provider, physician or responsible pharmacist, you remain responsible for validating the content of synapse and the suitability of product(s) for patients before recommending any therapies or treatment programs for patients and before recommending use of product(s) by patients. All synapse users remain responsible for validating with the relevant physician or responsible pharmacist at their organization the content of synapse and the suitability of product(s) for patients.
9. Intellectual Property
- 9.1.We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in synapse, and in the material published on it. The names of product(s) are trademarks belonging to third parties. Your use of synapse grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
- 9.2.You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on synapse. You agree not to change or delete any ownership notices from materials downloaded or printed from synapse. You may otherwise use the content made available on synapse in accordance with relevant intellectual property laws.
- 9.3.If you use or download all or any part of the content on synapse in breach of these Terms, we reserve the right to suspend or terminate your account and/or use of synapse immediately and you must, at our option, return or destroy any copies of the materials you have made.
- 10.1.In these Terms the words “include“, “including“, “includes“, “such as“, “in particular“ and any similar expression are to be construed as if they were immediately followed by the words “without limitation“.
- 10.2.If any provision of these Terms is found to be invalid or unenforceable by a court, including without limitation the liability limitations or exclusions, it will be severed from the rest of these Terms which shall remain unaffected.
- 10.3.No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
- 10.4.We may, at any time, in our discretion, assign any or all of our rights or obligations under these Terms to any person, including without limitation any person who takes on responsibility for operating synapse (whether inside or outside Kosei Pharma).
- 10.5.You may not transfer, assign and/or novate any of your rights or obligations under these Terms without our prior consent.
These Terms are governed by and are to be interpreted in accordance with the laws of Japan and you agree to submit to the non-exclusive jurisdiction of the courts of Japan in respect of any disputes which may arise in relation to the use of synapse.
Kosei Pharmaceutical Co., Ltd., at 1-12 Higashi Koraibashi Chuo-ku Osaka 540-0039 Japan.
global(a)koseiyakuhin.co.jp. *Please replace (a) to @.