First of all
Section 1. About Sewa-Katsu.
Sewa-katsu (referred to below as "this service") is the general term of a support service offered by this company for people whose native language is not Japanese to find employment.
Section 2. Applicability.
This agreement aims to establish the relationship of rights and duties between this company and the user regarding the terms offered under this service and the use of this service. This agreement applies to the entire relationship concerning the use of this service between the user and this company. If the details of this agreement and other explanations of this service outside of this agreement differ, the provisions in this agreement shall take precedence and be applicable.
Section 3. Definitions.
The terms below, as used in this agreement, shall have the respective meanings established below:
- "Use-of-services agreement" means this agreement. It is the agreement to use this service, and it is concluded between this company and the user.
- "Intellectual property right" means copyright, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights. (This includes the right to acquire those rights or the right to apply for registration regarding those rights.)
- "User" means an individual registered as a user of this service, based on section 4, on registration.
- "Business user" means a business that entrusts to this company the recruitment of job seekers, introductions, and matching.
Section 4. Registration.
- A person who wishes to use this service (referred to below as a "registration candidate") agrees to comply with this agreement and provide this company, through means determined by this company, certain information determined by this company (referred to below as "registration matters"). Based on these actions, the person can apply to this company for registration to use this service.
- In accordance with this company's criteria, this company shall decide on the advisability of registering the registration candidate (referred to below as a "registration applicant"), who applied for registration based on the previous paragraph. If this company approves the registration, it shall notify the registration applicant with words to that effect. The registration applicant's registration as a user shall be deemed completed when this company provides the notice under this paragraph.
- When registration is completed as provided in the previous paragraph, the use-of-services agreement between the user and this company is established, and the user can now use this service in accordance with this agreement.
- If any of the reasons below in the respective clauses applies to the registration applicant, this company may refuse registration or reregistration. Also, this company bears no duty at all to disclose the reason:
- If all or part of the registration matters provided to this company is a falsehood, an erroneous entry, or contains an omission;
- If the registration applicant is a minor, an adult ward, a person subject to a conservatorship, or a person subject to a limited guardianship, and the registration applicant has not obtained the consent of the legal representative, guardian, conservator, or limited guardian;
- If this company concludes that the registration applicant is a violent criminal (meaning an organized crime group, a member of an organized crime group, a person for whom less than five years have passed since the person was no longer a member of an organized crime group, an associate member of an organized crime group, a business related to an organized crime group, an extortionist who threatens to disrupt stockholder meetings, a racketeer acting under the guise of a social movement, a special intelligence gang, or, in addition, a person who is equivalent to any of these entities. The same is applicable below.) or the registration applicant interacts with or participates in any way with violent criminals, such as maintaining, operating, or cooperating with or participating in their management by funding them or through other means;
- If this company concludes that the registration candidate is a person who violated an agreement with this company in the past or was involved in the violation;
- If the registration candidate has faced the measure provided for in section 11; or
- In addition, if this company concludes that registration is not appropriate.
Section 5. The Accuracy of the Registration Matters, etc.
- The user shall provide accurate personal information, without deficiencies or inconsistencies, to this company and a business user. If the business user or another third party requests or demands the significance arising in any way from the fact that the personal information provided by the user was inaccurate or that the personal information contained deficiencies or inconsistencies, the user shall address the matter as their responsibility and bear the costs. The user shall also guarantee that they shall not inconvenience this company at all.
- If there are changes to the registration matters, the user shall notify this company without delay about the changed matters by the methods determined by this company.
- If requested by this company, the user shall promptly submit the following documents:
- Identity verification documents to identify and confirm the user, such as the user's name and address;
- Residence card, Certificate of Qualification for Employment, or another document to confirm a status of residence; and
- In addition, certificates whose submission is requested by this company or a business user.
Section 6. The Offer of Services.
- From among the services in the respective clauses below, this company shall offer, based on this company's judgment, appropriate services to the user:
- Provision of Job Offer Information
- Encouraging the user to apply for a job vacancy when this company decides that the user is highly compatible with the job vacancy requirements received from the business user;
- Acting on the user's behalf with application procedures;
- Implementation of Job Transfer Support through Interviews
- In addition, providing all services that this company decides are useful in assisting the user in finding employment. (All services include the conversation and community service "Sail," which is operated by this company and referred to below as "Sail," and providing information about using services offered by a third party other than this company.)
- In addition to the services prescribed in the respective clauses of the preceding paragraph, this company may offer, from among the services in the respective clauses below, a service that the company decides is suitable for the user and which the user agrees to receive. Furthermore, this company shall separately provide for the details of a service prescribed under the respective clauses below:
- Support services relating to obtaining a status of residence; and
- Support services for the user's arrival in Japan.
- For compensation, this company shall offer the user any of the services prescribed under the respective clauses in the preceding paragraph and shall separately establish a usage fee. However, this duty shall not apply to a situation where a business user recruits applicants for a job vacancy, the user applies for that vacancy, and the business user bears the responsibility for the usage fee for the service prescribed under the respective clause in the preceding paragraph.
- Our Company, when User applies to a job offer, will provide the user company to which User applied with the registration information of said User as well as the information in each of the following items from the time when said User used “Sail.” However, this does not apply to cases in which the consent of said User regarding the provision of the information in each of the following items has not been obtained.
- Data on the user's conversations (video, voice, number of conversations, number of conversation partners); and
- Supportive comments from other users of Sail.
Section 7. Payment of Fees.
The user shall be responsible for paying a usage fee, based on the third paragraph in the preceding section, and shall pay the usage fee to this company by a date designated separately by this company and by means designated separately by this company.
Section 8. Prohibited Matters.
When using this service, the user shall not engage in any act that falls, or that this company decides falls, under any of the respective clauses below:
- An act that violates a law, an act related to a criminal act, or an act that is liable to be one of the other acts;
- Slander, defamation, fraud, an act of coercion, or an act liable to be one of those other acts, against this company, another user of this service, a business user, or another third party;
- An act that violates public order and morals, or an act that is liable to be such an act;
- An act that infringes on an intellectual property right, a right to the usage of one's likeness, a privacy right, one's honor, one's reputation, or another right or benefit of this company, another user of this service, a business user, or another third party; or an act that is liable to be one of those acts;
- An act to send, through this service, information that falls, or that this company decides falls, under any of the subclauses below to this company, another user of this service, or a business user:
- Information that includes an excessively violent or cruel expression;
- Information that includes a computer virus or some other harmful computer program;
- Information that includes an expression that damages the honor or reputation of this company, another user of this service, a business user, or another third party;
- Information that includes an obscene expression;
- Information that includes an expression that encourages discrimination;
- Information that includes an expression that encourages suicide or an act of self-harm;
- Information that includes an expression that encourages inappropriate usage of drugs;
- Information that includes an antisocial expression;
- Information that seeks the spread of information to third parties, such as through chain letters; and
- Information that includes an expression that makes other people uncomfortable;
- An act that is liable to interfere with the operations of this service;
- An act to impersonate a third person;
- An act to offer a falsehood, inaccurate information, or information of a third party other than the user;
- An act whose purpose is to collect information on other users of this service;
- An act that causes a disadvantage or loss to this company, another user of this service, a business user, or another third party; an act that makes any of these entities uncomfortable; or an act that is liable to cause any of those harms;
- An act to use information obtained through this service for the purpose of reproducing it, selling it, publishing it, or some activity other than finding employment; or an act to release or offer that information to a third party;
- An under-the-table-payoff to organized crime or a similar entity;
- An act that directly or indirectly provokes or facilitates an act falling under the preceding clause;
- An act to conclude, or an act requesting to conclude, without using this service, an outsourcing agreement or a contract of employment with a business user or a company that was a business user;
- Acts such as absence from consultations, selection exams, or interviews without prior notice and with no justifiable reason;
- An act that violates this agreement or violates a purpose or objective of this service; or
- In addition, an act that this company decides is inappropriate.
Section 9. Suspension of This Service, etc.
- If any of the respective clauses below is applicable, this company shall be able to suspend or interrupt the offering of all or a part of this service without notifying the user beforehand:
- When this company urgently conducts inspections of, or maintenance operations on, the computer system involved in this service;
- When the computer ceases activity or the communication line is interrupted due to an accident;
- When it is no longer possible to operate this service due to an act of God, such as an earthquake, a lightning strike, a fire, storm and flood damage, a power outage, or a natural disaster; or
- In addition, when this company decides that it is necessary to suspend or interrupt operations.
- This company bears no responsibility at all for damages caused to the user due to measures taken by this company and based on this section.
Section 10. Possession of Rights.
- All content in this service, all content that this company creates or offers in relation to this service, and other intellectual property rights related to this service belong in their entirety to this company or a person who has granted this company a license. Permission to use this service, based on this agreement, should not be understood to mean permission to use, in relation to this service, the intellectual property rights of this company or a person who has granted this company a license.
- The user shall agree not to exercise an author's personal rights against this company or a person who succeeds to a right from, or receives permission from, this company.
Section 11. Cancellation of Registration, etc.
- If any of the reasons in the respective clauses below applies to the user, this company can temporarily suspend the user's use of this service, cancel the user's registration as a user, or rescind the user's use-of-services agreement without providing the user notice or a communication beforehand:
- If the usage fee was not paid in violation of Article 7;
- If the prohibited matters stipulated in Article 8 have been committed;
- If payments are suspended or become impossible, bankruptcy proceedings have started, civil rehabilitation proceedings have started, or there is a declaration that any similar proceedings have started;
- If this service is not used for at least six months;
- If there is no response for at least thirty days to a question from this company or to another communication that requests answers;
- If the user falls under a respective clause of paragraph (4) in section 4; or
- In addition, if this company decides that the use of this service, registration as a user, or the continuation of the use-of-services agreement is not appropriate.
- If any reason in the respective clause of the preceding paragraph applies to the user, the user shall rightly lose the benefit of time for all debts owed to this company and must immediately pay off all debts to this company.
- In the event there are job offers to which said User has applied when Our Company has, pursuant to Paragraph 1, suspended the use of This Service for said User, deleted their registration as a User, or canceled the Service Use Contract (Hereinafter collectively referred to as “Suspension of Use, Etc.”.), regarding the application concerning said job offer and its subsequent selection procedure, the relationship between the user company will also be terminated at the point in time Our Company has performed Suspension of Use, Etc.
Section 12. Withdrawal.
- By notifying this company through methods designated by this company, the user can withdraw from this service and cancel the user's registration as a user.
- If the user owes any debt to this company upon the withdrawal, the user shall rightly lose the benefit of time for all debts owed to this company and must immediately pay off all debts to this company.
- In the event there are job offers to which User has applied when said User withdraws from This Service, regarding the application concerning said job offer and its subsequent selection procedure, the relationship between the user company will also be terminated at the point in time User has withdrawn.
- Our Company does not bear any responsibility whatsoever regarding damages User has suffered due to the measures of the preceding Paragraph.
Section 13. Modifications to, and Terminations of, the Terms of This Service.
- Based on the circumstances of this company, this company can modify the terms of this service or terminate the offering of this service. If this company terminates the offering of this service, this company shall notify the user beforehand.
- This company bears no responsibility at all for damages caused to the user that arise from measures taken by this company and based on this section.
Section 14. Denial of Any Guarantee.
- This company should not be understood to have made any guarantee at all that this service is compatible with the user's specific goals; that this service has expected functions, commercial value, accuracy, or usefulness; that the use of this service by the user conforms to the laws applicable to the user or the internal regulations of industry groups; or that problems will not occur.
- This company should not be understood to have made any guarantee that the user will find employment by using this service.
Section 15. User Responsibilities, etc.
- The user shall use this service responsibly and shall bear all responsibility related to the use of this service.
- In confirming the working conditions and other contract contents of a user company, Our Company will contact and relay these to User according to their request. However, it is User’s responsibility to conclude a contract after directly confirming the working conditions and other contract details with the user company, and User acknowledges that the working conditions notified to User by Our Company do not ultimately guarantee the details of said contract.
Section 16. Procedures to Obtain a Status of Residence, etc.
Based on section 6, paragraph 2, clause 2, this company may provide the user with support services related to obtaining a status of residence. However, even in that situation, the user shall, on their own, obtain a status of residence, carry out with the government of their own country the legal procedures relating to arriving and staying in Japan, prepare necessary documents for procedures to enter and stay in Japan, and carry out the applicable procedures. This company bears no responsibility at all regarding those procedures.
Section 17. The Exclusion of Organized Crime.
- The user shall declare even into the future that the user does not fall under the definition of "organized crime" and does not perform illegal acts, such as violent acts, swindling, coercive acts, or acts that interfere with business.
- If the user violates the declaration made in the previous paragraph, this company shall immediately terminate the offering of this service without any need to provide any kind of notification or communication and shall rescind the use-of-services agreement. The user shall accept, without objections, the termination of the offering of this service.
Section 18. Exemption From Responsibility.
- In addition to the provisions in section 9, paragraph 2; section 11, paragraph 3; and section 13, paragraph 2, if a sent-out message or information is deleted or disappears when the user uses this service; if registration matters disappear; if the device used by the user breaks down or is damaged when the user uses this service; or if the user suffers some other loss related to the use of this service; and if this company can admit an error, losses will be limited to ordinary damages arising directly and in reality, and this company shall bear the responsibility to provide compensation. This company shall not bear any responsibility to provide compensation for incidental damages, indirect damages, special damages, future damages, or damages related to lost profits. However, an exception will be made if there was intent or gross negligence in the company.
- This company bears no responsibility at all regarding transactions, communications, or disputes related to this service or this company's website that arise between the user, other users and the business user or a third party.
Section 19. Maintaining Secrets.
User, regarding non-public information disclosed to User in connection with This Service and information that was disclosed to User with the request that it be treated confidentially as well as information that was directly disclosed to User by a user company, shall not disclose this to third parties or use it for any purpose other than the use of This Service, except in cases in which there is prior written permission from Our Company.
Section 20. The Handling of Personal Information.
- In order to offer this service, this company provides the business user, which is recruiting applicants for a job vacancy to which the user applies, with information, such as a resume and curriculum vitae, which the user provides to this company when using this service.
Section 21. Responsibility For Compensating Damages.
If the user violates any clause of this agreement or harms this company, a business user, or a third party due to, or in connection with, the use of this service, the user shall provide compensation for those damages.
Section 22. Modifications to This Agreement
- This company shall be able to modify this agreement.
- If the company modifies this agreement, this company shall make the modified text and the effective date of the modified agreement known to the user beforehand.
- If the user uses this service on or after the effective date of the modified agreement, the user shall be regarded as having agreed to the modifications in this agreement.
Section 23. Communications/Notices
Inquiries related to this service and other communications or notices from the user to this company, announcements related to modifications to this agreement, and other communications or announcements from this company to the user shall be done by methods to be decided upon by this company.
Section 24. Transfer of Status Under the Use-of-Services Agreement, etc.
- Without the prior written consent of this company, the user cannot assign, transfer, set up as collateral, or engage in some other disposition of the user's status under the use-of-services agreement or the user's rights or duties based on this agreement to a third party.
- If this company transfers business that is related to this service to another company, this company shall be able to transfer, in accordance with the applicable business transferred, the following items to the transferee of the applicable business transferred: a status under the use-of-services agreement; the rights, duties, and user registration matters due to this agreement; and other customer information. The user shall be assumed to have consented beforehand through this paragraph to the related transfer. Furthermore, a transfer of business provided for in this paragraph shall include every situation where a split-up or other business is transferred and not just an ordinary transfer of business.
Section 25. Complete Agreement.
The user shall confirm that this agreement makes up and represents all of the agreements between the user and this company relating to the use-of-services agreement and that this agreement takes precedence over all previous communications, representations, understandings, and agreements, orally or in writing, between the user and this company relating to the use-of-services agreement.
Section 26. Severability.
Even if a provision or a part of a provision of this agreement is judged invalid or unenforceable due to the Consumer Contract Act or other law, the remaining provisions of this agreement and the remaining parts of provisions judged partially invalid or unenforceable shall continue to be completely valid.
Section 27. Matters for Discussion.
If a matter is not provided for in this agreement or a doubt arises from the standpoint of interpreting a provision in this agreement, this company and the user shall aim for a peaceful resolution after discussions in good faith.
Section 28. The Governing Law and a Court of Jurisdiction
- The governing law for this agreement and the use-of-services agreement shall be Japanese law.
- The Tokyo District Court or the Tokyo Summary Court shall be the courts that this company and the user agree will have exclusive jurisdiction in the first instance for all disputes arising out of, or in connection with, this agreement or the use-of-services agreement.
(Supplementary Provisions) established on January 19th, 2023