These Terms of Service are used in conjunction with the contract with Takara Corporation Co., Ltd (hereinafter referred to as “Takara Corporation”) for all procedures, information posting and operation of the web system “Good Jobs” (hereinafter referred to as “recruitment website”) provided by Takara Corporation. This applies to the Companies that wish to sign a contract with Takara Corporation. Takara Corporation shall provide services related to recruitment services to Companies based on the Terms of Service and the Companies shall fulfill the obligations stipulated in the Terms of Service stated in this contract in good faith.
Article 1 – Definition
The terms used in these Terms of Service are described as follows:
(1) This system was generated by Takata Corporation to provide recruitment assistance related activities to companies through the Recruitment Website “Good Jobs”.
(2) The applicants who register with this Recruitment Website for job searching purposes or those who wish to contact the Companies through this service.
(3) All information published the on the Recruitment Website by the Companies regarding the work content, workplace conditions, required qualifications, certifications and others.
(4) “Good Jobs Publication Application Form” (hereinafter referred to as “Application Form”) according to Article 4, the company must send the Application Form to Takara Corporation to request for the job posting services.
Article 2 – Contract Conclusion
The contract for the Use of Service (hereinafter referred to as “Agreement”) between Takara Corporation and the Company is for the Company to understand the content of this service and agree to comply with the provisions of these Terms of Service. This Agreement shall become effective when officially approved by Takara Corporation.
Article 3 – Duration
The duration of the Contract shall be based on a specified period and determined individually in the Application Form decided by the Company and accepted by Takara Corporation.
Article 4 – Use of the Recruitment Website
The Company must send the Application Form to Takara Corporation in order to post their recruitment ads on the Recruitment Website.
2. After receiving the Application Form described in the previous paragraph, Takara Corporation will review the content based on the standards and may request the Company to modify the content if necessary.
3. If Takara Corporation determines that the content sent from the company in Paragraph 1 does not meet the standards of the Recruitment Website even after the amendment in the preceding paragraph, Takara Corporation may not publish the recruitment ad of the Company.
Article 5 – Posting of Job Information
If Takara Corporation accepts the offer for publishing the job ads in the previous article, Takara Corporation will create the job ads, schedule it to be published on the website, request the Company to confirm the content and forward it to the web address concerned.
2. The Company has a period of 5 days including the date of sending the correction request after receiving the material sent in the previous paragraph. Takara Corporation will assume that the material has been approved to publish by the Company if there is no request of correction of the content.
3. If there is an alteration in the job ad posted, the Company should promptly notify Takara Corporation to modify the particular content in order to avoid confusion to the applicants and to ensure the reliability of the Company and the recruitment service.
4. Takara Corporation may charge the Company additional fees for requesting to amend the same job ad content more than 4 times. However, Takara Corporation will send a quote regarding the alteration of the job ad content to the Company before it is changed.
Article 6 – Guarantee of the Recruitment Website
The Recruitment Website is an online website that allows the applicants to view and send messages. Be aware that Takara Corporation may not be held accountable if all or part of the Recruitment Website is not available due to the PC performance, OS or network connection.
2. The Company is aware and agrees that the Recruitment Website is a service with the purpose to support and contribute to the recruitment services for the Company, but does not guarantee its effectiveness and results.
3. Takara Corporation will review the content of the recruitment information according to the posting standards of the Recruitment Website. We are not responsible for any incidents, accidents, damages and others, resulting from the content posted on the Recruitment Website.
Takara Corporation may discontinue posting the job ad without notifying the Company if Takara Corporation determines that the job ad posted on the Recruitment Website may have the risk of violating the post standards of Takara Corporation, law and others.
Article 7 – Intellectual Property Rights
Takara Corporation has Intellectual Property Rights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) to operate the Recruitment Website using the scripts, logos, images and videos under the Terms and Conditions that belong to Takara Corporation.
2. Regardless of the previous article, this does not apply to trademarks, logos, images, illustrations, and videos that the Company has provided to Takara Corporation to be published in their job ads.
3. The Company agrees to have their job ads published on Takara Corporation Recruitment Website. The job information provided by the Company will be available for browsing through the server provided and managed by Takara Corporation. The Company authorizes their advertisements and banners to be displayed on third-party websites.
4. The Company ensures that the job information that they requested to publish does not violate any rights including the Intellectual Property Rights and third party personal information.
Article 8 – Fees
Takara Corporation will charge a fee separately every time that the Company uses the Recruitment Website services.
2. The Company must pay for the Recruitment Website service fee as described on the Application Form upon request from Takara Corporation. In addition to the service fee, the transaction fee must be payed by the Company who are requesting the service.
3. Takara Corporation will verify with the Company if they wish to continue to have their job ads posted online at the end of the period stipulated on the Application Form on Article 4, Paragraph 1.
Article 9 – Support
The Recruitment Site is available online 24 hours and 7 days a week. Although the services may be suspended due to the server, site maintenance, power outage, natural disasters, communication line accidents and others. Takara Corporation shall not be held responsible for these incidents mentioned above and the Company must be aware and accept these terms and conditions in advance. However, these terms do not apply in the event of negligence from Takara Corporation.
2. Takara Corporation will respond to the application forms, corrections, postings, alterations and others during the business hours of Takara Corporation.
Article 10 – Handling of Personal Information
The association between Takara Corporation and the Companies are strictly business related in principal to obtain personal information within an extension according to the law and fair means.
2. Takara Corporation and the Companies must disclose the purpose of use of the personal information to the customers and have their consent beforehand in order to collect and use their personal information.
3. Takara Corporation and the Company shall not provide customers’ personal information to third parties except in the following cases:
(1) When handling personal information based on laws and regulations (when personal data is provided as a result of succession in a business due to a merger or other reasons)
(2) When it is difficult to obtain the person’s consent and it is necessary to protect the interest of the individual (including corporations) such as; life, body and properties.
(3) When it is difficult to gain consent from the person concerned and it is necessary to enhance public health or advocate the development of children.
(4) In cases where it is necessary for each institution of a national or local public organization, or a person entrusted with it, to cooperate in carrying out the affairs stipulated by laws and regulations.
(5) When subcontracting the work of a third party within the necessary scope for the execution of the work under an appropriate management supervision system.
4. Takara Corporation and Company will use customer’s personal information for the following purposes. However, this does not apply if the customer has given consent or if one of the following:
(1) When disclosure is required by law and when law enforcement requires particular information.
(2) When information is specified or notified to the customer in advance and the customer’s consent has been obtained.
(3) When needed to protect the profits of people (including corporations), such as the life, body and property, and it is difficult to obtain the customer’s consent.
(4) When personal information is provided following a succession due to a merger or other legal reasons, and the personal information is used within the scope of the purpose of use.
(5) When it is necessary to enhance public health or advocate the development of children and it is difficult to obtain the customer’s consent.
(6) In a situation where it is necessary to collaborate with a national, local institution or a person authorized in the execution of matters stipulated by laws and regulations without the consent of the client.
(7) Prevent accidents hastily (including all acts prohibited by the Unauthorized Computer Access Law) that may cause personal information leaks, web hacking, other damage to the Company, or Providing personal information to investigating institutions that have determined a high probability in order to receive compensation.
(8) In the event of an accident in which Takara Corporation or Company is liable for damages and providing personal information to the insurance company in order to receive the insurance compensation.
5. Takara Corporation or the Company is obliged to publish on the homepage or notify customers when personal information is used beyond the scope of the purpose of use or when the purpose of use is changed.
6. Takara Corporation or the Company should immediately notify the customer regarding the purpose of use for their personal information when it is requested by the customer.
Article 11 – Disclaimer
1. Takara Corporation can modify the design of the system on the web, the application form, the applicant access method and others without consent from the Companies and they are not responsible for any losses caused by this action.
2. Takara Corporation shall not be obliged to take any actions due to the event where the job ads on their Recruitment Website are displayed by the internet search engines where they are not linked to Takara Corporation’s operation system or if displayed on bulletin boards.
3. Takara Corporation shall not be responsible for the measures normally taken and which cannot be avoided in case of failures on the Recruitment Website such as; information leakage due to viruses, data loss, system shutdown and others.
4. Takara Corporation is not responsible for any incidents that may occur between the applicant and the Company.
Article 12 – Compensation for Damages
In the event that Takara Corporation is liable for damages based on the contract, the amount of compensation will be limited to the 1 month usage fee that was paid by the Company.
Article 13 – Exclusion of Transactions with Anti-social Forces
Both, Takara Corporation and the Company promise the following to the other party.
(1) Persons who in the past 5 years or less became no longer a member of a criminal organization, persons who are associated with members of criminal organizations, companies that are related to criminal organizations, corporate blackmailers, criminal organizations falsely registering as a political organization, special intelligence organized crime groups and others who are involved with similar matters (hereinafter collectively referred to as “anti-social forces).
(2) Shall not have the following relationship with anti-social forces:
I. Use anti-social forces to damage third parties for the purpose of seeking personal or a third party fraudulent profits.
II. Shall not provide funds, cooperate or be involved in maintaining or managing anti-social forces.
(3) The representatives regardless of their title (directors, executive officers, auditors, advisors, chairman and others) must have no relation to any type of anti-social forces.
(4) It is not allowed to use your personal name to conclude a contract for an anti-social force.
(5) Do not use the following acts in connection with this Agreement for personal or third party purposes:
I) Violent demanding acts.
II) Unfair demands beyond legal liability.
III) Conduct transactions based on threats or violence. IV) Spreading rumors, deceiving, interfering with the other party’s business or damaging the reputation.
V) Other acts in accordance with the previous terms.
2. The other party may cancel the Agreement without requiring any notice if either of the following applies to either Takara Corporation or the Company:
(1) When it becomes clear that a statement that violates the agreement on paragraphs (1) to (3) shown above has been confirmed.
(2) When it is found that the contract was not made according to the agreement paragraph (4) as shown above.
(3) In the event of an act that violates the agreement on paragraph (5) as shown above.
3. If this Agreement is canceled in accordance with the provisions of the preceding paragraph, the individual who made the cancelation must compensate the other party for the damages caused.
4. The individual who made the cancelation will not make any claim against the other party for the damage caused by the cancellation if this Agreement is canceled in accordance with the provisions of Paragraph 2.
Article 14 – Loss of Profit on a Time Limit
If the Company falls under one of the following, the Company will lose any profits to Takara Corporation without previous notice or written notifications. Also, the Company must immediately pay all the obligations to Takara Corporation.
(1) Stop payment.
(2) Outstanding checks or post-dated checks.
(3) Decision to initiate a temporary/permanent confiscation or auction.
(4) Petition or decision to file for bankruptcy, civil rehabilitation, company reorganization or special settlement.
(5) In case of violating each provision of this Agreement.
(6) When the condition of the property deteriorated significantly or there is an appropriate reason that is considered probable.
Article 15 – Cancellation
Takara Corporation and the Company will notify the other party if there is a reason described in section (1) to (4) as shown above. The Agreement can be canceled upon notification in case the grounds of the preceding article (5) and (6) exist.
2. The agreement can be canceled between Takara Corporation and the Company if both agree to it regardless of the previous paragraph.
Article 16 – Relocation of Position
The terms of this Agreement may not be transferred to third parties unless the Company obtains prior written consent from Takara Corporation.
2. The Company agrees in advance that Takara Corporation may restructure or transfer the position of Takara Corporation and the Recruitment Website to a third party.
Article 17 – Subcontracting
Takara Corporation may entrust part of the server management, system modification, publishment of information, information management and other operations to third parties for the operation of the Recruitment Website. In this case, the subcontractor shall comply with the obligations related to the management of personal information, exclusion of anti-social forces and others.
Article 18 – Delayed Compensation
The delayed compensations related to this Agreement shall be based on a prescribed percentage of the Commercial Code.
Article 19 – Duty to Report
The Company shall report to the other party without delay if there is a change in the trade name, head office location or representative director. If the Company has a co-signer, the Company shall also report to Takara Corporation if there are similar changes in the co-signer.
Article 20 – Remaining Valid Clauses
The Articles 7, 10, 12, 18 and 19 are still valid even after the Agreement ends.
Article 21 – Agenda
Other matters not stipulated in this Agreement shall be determined through negotiation between Takara Corporation and the Company, as well as conventional transactions and general business practices.
Article 22 – Agreement of Jurisdiction
If a dispute arises in relation to this Agreement, Maebashi District Court Ota Branch shall be the jurisdiction court.