Article 1: Nature of the Services
The term “Services” refers to referring users to employers, providing relevant information, and other services related to outplacement to be provided by the Company.
Article 2: Terms
1. These Terms intend to define the terms and conditions for the use of the Services between the User and the Company and apply to all relationships between the User and the Company related to the use of the Services. The Company may specify details of the Services in guidelines separately provided by the Company in addition to these Terms, in which case such guidelines shall be deemed incorporated in these Terms. The User may use the Services only after his/her acceptance of these Terms and shall use the Services in accordance with the provisions of these Terms. By using the Services, the User is deemed to have accepted these Terms.
2. The Company may modify any provision of these Terms as necessary. In the event of any modification of these Terms, the Company shall notify the User in advance of the modified Terms and the effective date thereof by posting on the Company’s website or by other appropriate means.
Article 3: Provision of the Services
1. The Company may, at its discretion, provide such appropriate services of the Services to the User and does not warrant that it will provide all of the Services to the User.
2. In its provision of the Services to the User, the Company has no obligation to explain to the User the examination process and standards, assessment details, etc. at the Company.
3. In its provision of the Services to the User, the Company does not warrant the execution of, or any conditions of, any employment contract, service contract or any other contract similar to any of the above (“Employment Contract, etc.”) between the User and an employer. The User shall execute any Employment Contract, etc. at his/her own risk and discretion.
4. The Company may terminate its provision of all or part of the Services at any time without prior notice to the User if: (i) the User has executed an Employment Contract, etc. with an employer through the Services; (ii) the Company receives from the User a request for termination of the provision of the Services; or (iii) otherwise the Company considers it appropriate to do so.
Article 4: Suspension and Modification of the Services
1. In any of the following events, the Company may temporarily suspend all or part of the Services without prior notice to the User:
(i) Any trouble or failure occurs in the server, communication lines or any other equipment used in the provision of the Services (collectively, the “Company Equipment”).
(ii) Any maintenance, inspection, repairs or modification of any Company Equipment takes place.
(iii) The Company becomes unable to provide the Services due to the occurrence of a power failure, fire, earthquake, eruption, flood, tsunami, etc.
(iv) The Company becomes unable to provide the Services due to any war, turmoil, riot, civil commotion, labor dispute or other force majeure.
(v) The Company becomes unable to provide the Services due to any law or regulation or any measure taken thereunder.
(vi) The Company otherwise considers it necessary to temporarily suspend the Services.
2. The Company may modify all or part of the Services at any time for any reason without prior notice to the User.
Article 5: Suspension of Use of the Services; Other Measures, etc.
1. If any of the following events occurs or is believed by the Company to have occurred in respect of the User, the Company may suspend the User’s use of all or part of the Services or take other measures with respect to the User without giving prior notice or explanation of such belief to the User:
(i) The User breaches these Terms or violates any applicable law or regulation.
(ii) The User fails to complete any procedure which, or to inform the Company of anything which, is required to receive the Services.
(iii) The User causes undue trouble to any employer, any other user or the Company (collectively, an “Employer, etc.”).
(iv) The User, whether directly or through any third party, engages in any activity which: (i) constitutes violent demands to any Employer, etc.; (ii) constitutes unreasonable demands to any Employer, etc. that go beyond the limits of the legal liability of such Employer, etc.; (iii) uses threatening behavior or violence against any Employer, etc.; or (iv) damages the reputation of any Employer, etc. or interferes with the business of any Employer, etc. by the spreading of rumors, fraud or forcible interference.
(v) The Company otherwise considers the User inappropriate as a user of the Services.
2. If the User becomes subject to any of the measures set forth in the preceding paragraph, the Company may prohibit the User from using any services that may be provided by the Company in the future.
Article 6: Handling of Information Obtained
1. The Company will handle all personal information of the User appropriately in accordance with the “Handling of Personal Information” separately established by the Company, as well as with these Terms.
2. The Company may process any information obtained from the User other than information which can personally identify the User and may use such information, freely and without charge, in various media provided by the Company. The copyright and all other rights in or to the relevant information so used in such various media shall be vested in the Company.
3. The Company may, and the User acknowledges in advance that the Company may: (i) analyze, among others, information provided by users of the Services and users’ usage history of the Services; and (ii) use the analysis results in the Services or any other service that may be provided or developed by the Company.
4. The Company may, and the User acknowledges in advance that the Company may, make inquiries to employers by identifying the User in order to confirm the accuracy of information provided by the User.
Article 7: Prohibited Acts
The Company prohibits the User from engaging in any of the following acts (including acts considered by the Company to constitute any of the following) in his/her use of the Services:
(i) Any act of providing false or inaccurate information to the Company or any employer.
(ii) Any act of refusing to submit (including refusing to submit by any deadline set by the Company) any identity verification document, resume, curriculum vitae, residence card, work qualification certificate or other document required by the Company or any employer.
(iii) Any act that interferes with the operations or business of any Employer, etc. or compromises the social credibility or reputation of any Employer, etc. whether through libel, slander, insult or any other means.
(iv) Any act that infringes any proprietary rights (including copyrights, trademark rights or other intellectual property rights) or any trade secrets of any Employer, etc., dishonors any Employer, etc. or violates the privacy or any other right or interest of any Employer, etc.
(v) Any act of: (a) using any information obtained through the Services for any purpose other than using the Services; or (b) divulging or disclosing such information to any third party without the Company’s consent.
(vi) Any act of directly contacting (whether face-to-face or by letter, telephone, email, SNS or any other means), or undergoing the recruitment process of, or joining, any employer to which the User is referred through the Services, in each case without the Company’s consent.
(vii) Any act of failing to appear for an interview with or an employment examination of any employer or declining a job offer made by any employer, or engaging in any act similar to any of the above, in each case without prior notice to the Company.
(viii) Any act that violates any law or regulation or the public order and morals.
Article 8: Exclusion of Antisocial Forces
The User covenants: (i) that he/she does not and will not constitute any antisocial force, etc. (i.e., any organized crime group, any organized crime group member, any person who ceased to be an organized crime group member within the last five (5) years, any quasi-member of an organized crime group, any person who belongs to an organized crime group-associated company, any corporate extortionist or the like (sokaiya to), any rouge person or group proclaiming itself to be a social activist (shakai undo to hyobo goro), any organized special intellectual crime group or the like (tokushu chino boryoku shudan to), any terrorist or the like, any person designated by the Japanese government or a foreign government as a target of economic sanctions (collectively, an “Organized Crime Group Member, etc.”), any person having a symbiotic relationship with an Organized Crime Group Member, etc., or any person or entity similar to any of the above); and (ii) that he/she will not, whether directly or through the use of a third party, engage in any activity which: (a) constitutes violent demands; (b) constitutes unreasonable demands that go beyond the limits of legal liability; (c) uses threatening behavior or violence with regard to any transaction; (d) damages the reputation of any Employer, etc. or interferes with the business of any Employer, etc. by the spreading of rumors, fraud or forcible interference; or (e) is otherwise similar to any of the above. If the User breaches this article, the Company may discontinue its performance of the Services without any notice and shall not be liable to compensate the User for any damage that may be suffered by the User as a result of such discontinuation.
Article 9: Disclaimer
1. The Company assumes no liability for any damage incurred by the User as a result of the Services; provided, however, this disclaimer does not apply if the contract (including these Terms) between the Company and the User related to the Services constitutes a consumer contract as defined in the Consumer Contract Act.
2. Even in the case set forth in the proviso to the preceding paragraph, the Company assumes no liability for any damage: (i) which is incurred by the User due to any default or tort caused by negligence (excluding gross negligence) on the part of the Company; and (ii) which arises from exceptional circumstances, including cases where the occurrence of such damage is foreseen or foreseeable by the Company or the User.
Article 10: Liability for Damages
If the User breaches these Terms, whether due to intent or negligence, the User shall assume all liability, including liability for damages, to any third party who suffers damage as a result of such breach. If the Company suffers any damage as a result of such breach of the User, the User shall compensate the Company for such damage.
Article 11: No Assignment
The User may not, without the prior written consent of the Company, assign or transfer, or create any security interest over, or lease or otherwise dispose of, the User’s contractual status hereunder or any of his/her rights or obligations hereunder to or in favor of any third party.
Article 12: Business Transfer
If the Company transfers its business related to the Services to a third party (including in the event of a business transfer or corporate split-up or any other event involving a transfer of the Services), the Company may, and the User acknowledges in advance that the Company may, assign to the transferee of such business: (i) the User’s contractual status hereunder; (ii) the User’s rights and obligations hereunder; and (iii) all information provided by the User to the Company, in each case in association with the transfer of such business.
Article 13: Governing Law and Jurisdiction
These Terms shall be construed in accordance with the laws of Japan. The User and the Company agree that any dispute arising between them shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the nature of the dispute.
Established on: September 1, 2016
Revised on: June 14, 2019