"Daijob.com - RECRUITING COMPANY MEMBERSHIP" TERMS OF USE OF SERVICE

The Service provided by Human Global Talent Co., Ltd. (as defined in Article 2, Item 8) is operated based on the “Human Global Talent Co., Ltd.-Recruiting Company Membership: Common Terms of Use of Service” (hereinafter referred to as the “Terms”). Any and all companies which use the Service shall be deemed to have understood the gist of the basic principles of Recruiting Company Membership as stipulated in Article 1 of Chapter 1, and to have consented to the Terms.

1. These Terms apply to the use of the Service by Member Companies.
   The “Provision on Job Information Listing in Human Global Talent” and “Provision on Payment of Fees” (separately provided outside these Terms) shall be incorporated into the Terms.

2. The Applying Company shall be deemed to have executed the Recruiting Company Membership Agreement with Human Global Talent and to be bound by the conditions of the Recruiting Company Membership Agreement as of the date stipulated in Article 5 of these Terms.
3. The Service shall be administered in accordance with the laws of Japan as the country of administration; it shall not be guaranteed that the Service shall be compatible with any other countries or regions outside Japan. The Member Company shall be obliged to adhere to the law of the country or region applicable to the Member Company as its own responsibility when accessing the Websites and using the Service.

1. If no Recruiting Company Membership Agreement is formed between the Applying Company and Human Global Talent based on any one of the reasons stipulated from Article 4 to Article 7 and if the Applying Company has transferred money to Human Global Talent in the form of a prepayment or the like, Human Global Talent shall repay in full the sum of all fees received from the Applying Company in question. However, any processing fees associated with repaying the sums in question shall be borne by the Applying Company.
2. Following the formation of a Recruiting Company Membership Agreement based on the provisions of Article 5 (3) and Article 6, the Member Company shall not demand the repayment of fees received from the Member Company under any circumstances whatsoever (including but not limited to the circumstances stipulated in Article 19).

The Recruiting Company Membership Agreement shall be effective from the date of the Recruiting Company Membership Agreement, as stipulated in Article 5, until the termination date as stated in the Terms of Application.

The Member Company may use the Service in accordance with the methods specified by Human Global Talent, such as entry of necessary information, after the formation of a Recruiting Company Membership Agreement in accordance with the provisions of Article 5 and Article 6. If the Member Company in question does not conform to such specified methods, the Service shall not be provided for the use by the Member Company.
In addition, the accrual date of the Fees shall be in accordance with the stipulations of the “Provision on Payment of Fees.”

Member Companies may, during the term of the Agreement, apply for additional optional services using the methods specified by Human Global Talent.

If the Member Company fails to carry out the payment stipulated in the Terms of Application, the Member Company shall pay a late payment charge equivalent to an annual interest rate of 14.6% for the number of days until the actual date of payment.

The Applying Company shall consent to the document “Privacy Policy” separately provided by Human Global Talent, or shall execute a written agreement equivalent to this as required, in accordance with the provisions of Article 4 (5). A Member Company shall, regardless of whether the Member Company in question falls under the provisions of the Personal Information Protection Law (the “Law”), properly administer the personal information obtained through the Service in compliance with the provisions of the Act on the Protection of Personal Information. In addition, the Member Company shall not, without the consent of the party to whom such information belongs, disclose or reveal such information or use it for any purposes other than the purposes stipulated in these Terms. The definition of personal information shall be in accordance with the provisions of the Act on the Protection of Personal Information.

Human Global Talent shall not guarantee that the information used in the Service, such as Job Information, will not be deleted or modified due to force majeure or the like, nor shall Human Global Talent be responsible for storing of such information. The Member Company shall store such data as its own responsibility. Human Global Talent bears no responsibility whatsoever for any damages arising in the event of the Member Company committing any acts corresponding to the prohibitions as set forth in Article 15 or for any reason not attributable to Human Global Talent.

A Member Company may not cancel the Recruiting Company Membership Agreement during the effective term thereof as stipulated in Article 9.

1. If a Member Company corresponds to any one of the following items, Human Global Talent may cancel the Recruiting Company Membership Agreement, including during the term thereof. Furthermore, Human Global Talent may cancel the Recruiting Company Membership Agreement based on its sole discretion for reasons other than stated below:
   (1)If a Member Company significantly violates the obligations under these Terms or if Human Global Talent deems that there is a risk of this arising;
   (2)If there are complaints frequently received from Users and the situation in question is not remedied in spite of repeated advice;
   (3)If a Member Company, without the consent of Users, discloses or reveals the personal information of Users to a third party, or uses it for any purpose other than collection of such information;
   (4)If a Member Company sends emails to Users for any purposes other than employment placement or hiring activities;
   (5)If the location of a Member Company’s office cannot be confirmed;
   (6)If the Member Company’s use of the Service has been suspended based on the stipulations of Article 23 and the cause for such suspension is not remedied within a reasonable period of time; or
   (7)If there is a reason for refusing to execute a Recruiting Company Membership Agreement corresponding to those stipulated by Article 7.
2. If the Member Company corresponds to any one or more of the preceding clauses or points (excluding the provisions of the preceding clause), and Human Global Talent dissolves the Recruiting Company Membership Agreement, the Member Company shall forfeit any profits that are due and shall promptly discharge any obligations to Human Global Talent. Furthermore, the Member Company shall be required to pay a lump sum equivalent to the Fees for the remaining effective term of the Recruiting Company Membership Agreement stipulated in Article 9 as a penalty fee for breach of contract. In addition, in the event that damages exceeding the sum of the penalty fee for breach of contract should arise for Human Global Talent, the Member Company shall pay compensation equivalent to the excess.
3. If Human Global Talent cancels the Recruiting Company Membership Agreement based on the provisions of Item 1, the Member Company shall pay the Fees for the period until the month of the cancellation of the contract, by the payment date stipulated in the Terms of Application.

1. If a Member Company is unable to use the Service for a certain period of time such as due to inactive display of the Job Information due to reasons attributable to Human Global Talent, and Human Global Talent does not remedy the situation in question within 24 hours (business hours) from the time when it is recognized by Human Global Talent, the term of the use of the Service shall be extended by the same number of days as the usage of the Service is suspended. However, no fees shall be repaid.
2. Notwithstanding the stipulations of the preceding clause, Human Global Talent may make judgments on case-by-case basis as to the extension of the period in question in connection with the suspension of use, due to reasons set forth in the clauses of Article 20.

1. Human Global Talent shall not assume an obligation to store Job Information or company information etc. registered or entered by the Member Company within the server or database of the Websites. Human Global Talent shall not bear any responsibility whatsoever for any damage incurred by the Member Company which may arise due to any deletion or loss of information that arises as a result of Human Global Talent’s judgment based on the reasons stipulated in Article 20, or by any damages arising as a result of malfunction or deterioration of equipment.
2. Human Global Talent shall not bear any responsibility, for any reason whatsoever, for any damage incurred by a Member Company due to the cancellation or suspension of the Service.
3. The Member Company shall use the Service as its own responsibility, and Human Global Talent shall not bear any responsibility whatsoever for any damages incurred by such Member Company by reason of the use of Service, such as damage caused by a dispute with Users or other third party. However, this does not apply in cases where it is evident that such damages are due to the willful intent or gross negligence of Human Global Talent. In addition, with regard to the scope of any compensation that Human Global Talent is liable for, the upper limit to such compensation shall be the sum of the Fees paid by the Member Company to Human Global Talent, assuming that the scope of such damages is limited to direct and normal damages.
4. Human Global Talent shall bear no responsibility for any reason whatsoever for any websites except for the Websites of Human Global Talent and any information which may be obtained through the Websites, even in the event that such websites are linked to or from the Websites of Human Global Talent.

1. Human Global Talent may suspend the use of Service or the use of Login Information (i.e. user name and password) used for the Service’s maintenance screen by a Member Company without any responsibility on its part, if the Member Company in question corresponds to any of the following items. In addition, Human Global Talent may cancel the Recruiting Company Membership Agreement if the reason set out below is not remedied within a reasonable period of time. (1)If it is revealed that the Member Company has made a false statement to Human Global Talent in connection with the Recruiting Company Membership Agreement;
   (2)If any contents of the listing or information provided are false or violate any laws, or if there is a risk of this arising; if the Member Company fails to pay the Fees after the payment date has passed and in spite of receiving notifications issued by Human Global Talent;
   (3)If any checks of the Member Company in question are dishonored;
   (4)If a petition for seizure, provisional seizure, provisional disposition or auction is instituted against the Member Company in question, or the Member Company receives a disposition for failure to pay taxes or other disposition of any kind by public authorities;
   (5)If the Member Company files for bankruptcy, corporate reorganization or civil rehabilitation, or goes into liquidation;
   (6)If the Member Company intends to dissolve or transfer the whole or material part of its business to a third party;
   (7)If the Member Company receives an order to discontinue or suspend its business by the competent authorities, or intends to change or close its business; or
   (8)If the Member Company significantly violates any other obligations under these Terms, or when there is a risk of this arising;

2. Even in the event that the use of the Service or the Login Information on the Service’s maintenance screen is suspended based on the provisions of the preceding clause, the Member Company shall not be exempt from the obligation to pay the Fees until such time as the Recruiting Company Membership Agreement is canceled unless otherwise provided, based on the provisions of Article 19 or this Article.

   Chapter 7: General Provisi

1. Human Global Talent may modify, make additions to or abolish the Service, in whole or in part, at any time.
2. Human Global Talent shall bear no responsibility whatsoever for any impact on any Member Company of such modifications, additions or abolition, in whole or in part, as described in the preceding clause.

1. Any copyrights, intellectual property rights and other property rights in relation to the information provided by Human Global Talent through the Service shall belong to Human Global Talent or the provider of the information in question. In addition, any and all copyrights, intellectual property rights and other property rights belonging to the Service collectively as an aggregate of such information shall belong to Human Global Talent.
2. The Member Company shall not, without the prior agreement of Human Global Talent or a party who has a legitimate right with regard to the information in question, reproduce, duplicate, publish, broadcast or publicly transmit in any means any information whatsoever which may be obtained through the use of the Service, or permit a third party to do the same.

1. Human Global Talent may permit a third party to conduct the duties of Service, in whole or in part, provided to Member Companies, under the responsibility of Human Global Talent, based on these Terms.
2. If Human Global Talent consigns to a third party the work associated with the Service, in whole or in part, based on the preceding clause, Human Global Talent shall be responsible for the selection and supervision of the third party in question and for the results of the work conducted by the third party, except in cases where the third party was designated by a Member Company.

1. Human Global Talent and Member Companies shall use all the information related to the technology, business transactions, business services, finances or organization of the other party (except for the publicly known facts), which may be provided, disclosed or obtained in writing, orally or in recording media in connection with the Terms or Service, solely for the purposes of the Service or use of the Service and shall not, without the prior written agreement of the other party, provide, disclose or reveal confidential information to a third party, provided, however, that the third party stipulated in Article 26 shall not be construed as the third party in this Article.
2. Human Global Talent shall impose confidentiality obligations equivalent to the confidentiality obligations stipulated in this Article on any third party as stipulated in Article 26.
3. The provisions of this Article shall survive the termination of the Recruiting Company Membership Agreement.

1. In the event that a Member Company acts in violation of any provisions of these Terms or causes any damages to Human Global Talent in relation to the use of the Service, the Member Company in question shall be liable for indemnification of the Company for the damages in question.
2. In the event that a Member Company receives any complaints from other Member Companies, Users or other third parties, or in the event of any disputes with such other Member Companies, Users or other third parties in connection with the Service, the Member Company in question shall, at its own expense and responsibility, handle the complaints or disputes in question and, if requested by Human Global Talent, report to Human Global Talent as to the process and results of the complaints or disputes.
3. If Human Global Talent receives any complaints from other Member Companies, Users or third parties for infringements of rights or other reasons in connection with the use of the Service by a Member Company, the Member Company shall indemnify Human Global Talent for the sums which Human Global Talent is required to pay to the third party in question and for any costs and expenses incurred by Human Global Talent in connection with such claims.

1. The Member Company shall not, without the prior written agreement of Human Global Talent, assign, transfer, mortgage or make other dispositions on its position in terms of the Recruiting Company Membership Agreement or any rights based on these Terms to a third party.
2. If Human Global Talent transfers the operation of the Service to another company (including cases of corporate separation), Human Global Talent may transfer its position under these Terms, any rights under these Terms, registered information or other information of Member Companies to the assignee in question to which the business in question is to be transferred, in line with this transfer of business, and the Member Company shall hereby give prior consent to transfers of this nature as described in this clause.

Human Global Talent may, at any time, independently make modifications to the Terms (including the “Provision on Job Information Listing in Human Global Talent” and the “Provision on Payment of Fees”).

The Japanese version of these Terms shall be the original, and any versions created in other languages shall serve for reference purposes. Therefore, should any inconsistencies arise as a result of translation, the interpretation of the Japanese version of the Terms should have priority for all purposes.

The Terms shall be governed solely by the laws and regulations of Japan. In the event of any disputes whatsoever between Member Companies and Human Global Talent, the parties shall submit to the exclusive jurisdiction of Tokyo District Court or Tokyo Summary Court as the court of first instance.

Should any of the provisions of these Terms be found to be invalid or unenforceable in whole or in part due to incompatibility with the law or other reasons, this shall have no effect whatsoever on the validity of any remaining provisions within these Terms or on provisions other than those provisions found to be invalid or unenforceable.

In the event of any matters not stipulated in these Terms, or in the event that any questions arise concerning the interpretation of these Terms, these shall be settled through consultations in mutual good faith between Human Global Talent and the Member Company, with the aim of settling such matters or questions promptly.

These Terms shall come into force from 10 January 2006.
Revised 1 April 2009
Revised 1 April 2010
Revised 1 April 2016