We are grateful to your use of the products and services of Fourth Valley Concierge Corporation (hereinafter referred to as"FVC"). This Terms of Use (hereinafter referred to as“ToC”) set forth the terms and conditions for the use of all services provided by FVC (hereinafter referred to as the "Services"). It consists of Common Policies applicable to all customers who use these Services and Individual Policies applicable to individual services. FVC appreciates your kind and careful attention to the following:
1.“Job Applicant(s)” means those who are registered as members in Connect Job for Candidate. Job Applicants can use websites of Connect Job for Candidate.
2.“Recruiting Company(ies)” means the enterprises that are registered as members of Connect Job for Employer. Recruiting Companies can use websites of Connect Job for Employer.
3.“Connect Job for Candidate” means the online platform for Job Applicants whereby FVC provides members with recruiting information of Recruiting Companies, etc., through a website named Connect Job operated by FVC.
4.“Connect Job for Employer” means the online platform for Recruiting Companies which provides Recruiting Companies with recruiting information on members, etc., through a website for Recruiting Companies operated by FVC.
5.“Connect Job System” or simply “System” is a generic name for Connect Job for Candidate and Connect Job for Employer.
6.“User(s)” mean all (individual) Job Applicants and Recruiting Companies who/which are registered in Connect Job System. It may refer to (i) both Job Applicants and Recruiting Companies or (ii) either Job Applicants or Recruiting Companies.
7.“CV(s)” is the abbreviation of Curriculum Vitae. Individual attributes, academic background and job history are described in CVs. CVs are uploaded by Job Applicants on this website.
8.“Personal Information” means the information of the individual member such as name, address, telephone number, e-mail, school name and other information which can identify the specific member (including such information as will not, by itself, identify any specific member but will allow easy reference to other information and will thereby enable the identification of the specific member).
In the event any User desires to use Connect Job System, such User shall register as a member in accordance with the membership registration procedures prescribed by FVC.
In providing the Personal Information to FVC, Users shall agree on the following matters:
1. Personal Information Administrator, etc.i. Registered Personal Information registered shall be administrated by FVC (Representative Director, Yohei Shibasaki). FVC’s policy on the handling of
Personal Information shall be as set forth in the "Privacy Policy" and "Handling of Personal Information" separately provided.
ii. Personal Information shall be administered responsibly by the following Personal Information Custodians:
WeWork Tokyu Yotsuya, 6-6-2 Kojimachi, Chiyoda-ku, Tokyo, 102-0083 Japan
Director in charge of Corporate Headquarters, Fourth Valley Concierge Corporation
2. Purpose of use
Personal Information provided by Users or obtained in the course of this Services will be used by FVC and will not be used for any purpose other than the following:i.Operation and management of the Services and related services (inquiry handling, etc.);ii.Analysis of data required for improvement of the Services; iii.Membership certification, direct marketing delivery from Recruiting Companies, and providing information on seminars by telephone, etc.;
iv.Producing statistical data in a form that cannot identify an individual based on the Personal Information provided and using the data without any
restrictions; andv.[Others]
3. Providing Personal Information to Recruiting Companies
Based on the use of the official website of the Services (i.e., entries by members), we provide Personal Information (which are directly provided from Users, and generated on the use of Services) to Recruiting Companies or providers of events related to the Services. And the Personal Information will be administered by each company for the purpose of internships after entry and communication in the selection process for recruiting activities. As for the handling of Personal Information by each company, kindly contact each company directly. Recruiting Companies are prohibited from using Personal Information obtained through the official website of the Services for purposes other than internships and recruitment activities.
4. Providing Personal Information to third parties other than Recruiting Companies
FVC will not, in principle, provide any registered Personal Information to a third party other than Recruiting Companies without the consent of the member. Provided, however, that in the event of the following, the registration details may be disclosed without the consent of the member to the extent that such disclosure does not violate the applicable laws and regulations:i.when based on the laws and regulations;ii.when the provision of Personal Information is necessary to protect the life, body, or property of an individual and it is difficult to obtain the consent of the subject person;iii.when the provision of Personal Information is particularly necessary for the improvement of public health or the promotion of healthy development of children and it is difficult to obtain the consent of the subject person; oriv.when it is necessary to cooperate with governmental authorities, a local government, or those entrusted by them for implementation of the measures prescribed by laws and obtaining the consent of the subject person is likely to impede the implementation of such measures.
5. Scope of Third Parties
In the following cases, the recipient of Personal Information will not fall under any of the third parties set forth in the preceding article with respect to the application of the preceding article:i.Where the handling of Personal Information is entrusted in whole or in part within the scope necessary for the achievement of the Purpose of Use; orii.Where Personal Information is transferred as a result of the business succession due to a merger or any other reason.
6.Supervision of Consignees
If the handling of Personal Information is entrusted or consigned in whole or in part, FVC will exercise necessary and appropriate supervision over the consignee in order to ensure the safety management of the entrusted Personal Information.
7.Contact for Inquiries about Disclosure, etc.
FVC strives to respond appropriately and promptly to complaints and inquiries about the handling of Personal Information. FVC will accept requests for disclosure of Personal Information held by FVC subject to disclosure (notification of the purpose of use, disclosure, correction, addition, or deletion, or suspension of use or providing information). For details on the procedures for requesting disclosure, please contact:
WeWork Tokyu Yotsuya, 6-6-2 Kojimachi, Chiyoda-ku, Tokyo, 102-0083 Japan
FVC General Affairs Section, General Affairs Department
Telephone: +81-50-1745-6740 E-mail:privacy@4th-valley.com
Operating hours: 10:00-16:00, Monday-Friday, excluding public holidays
8.Failure to provide Personal Information
Some services are unavailable if you do not enter the items required for the Services.
9.Acquisition of Personal Information by methods not easily recognizable by Individualsi.FVC may produce figures and statistical data, etc., from profiles and other information in a form that does not identify the specific Job Applicant.
FVC may also use such data without any restrictions (including, but not limited to, proposals to Recruiting Companies and market surveys).
ii.FVC may use Cookie and JavaScript technologies to obtain (a) attribute information that cannot identify individuals, such as age, sex, occupation or
residential area, among information provided by Job Applicants at the time of membership registration or (b) activity record (accessed URL, contents
thereof, the order of reference etc.) of Job Applicants on the website. However, no Personal Information is included in the Cookie and activity record.iii.FVC has no restrictions on the use of information that cannot identify individuals obtained in accordance with the preceding item, such as the
attribute information and action record.
10.Indemnification
In the event of either of the following, FVC shall not assume any responsibility for the acquisition of Personal Information by a third party:i.a member himself or herself discloses Personal Information to a specific company using the function of the Services or any other means; or
ii.a specific individual is identified unexpectedly based on registered contents other than the information identifying such individual.
In the event of any of the following, FVC may, at its discretion, refuse the application of the applicants for membership registration.
1.If the User does not agree to this ToC;
2.If the User makes an application for registration with false information;
3.If the User has been subject to termination of registration for having violated this ToC or any other terms of use in the past;
4.If the User is a member or affiliate of an Anti-social Force; or
5.If FVC determines that, as a result of the examination conducted in response to the application, the application is inappropriate or otherwise it is determined to be inappropriate.
Users shall, at their own responsibility and expense, appropriately maintain personal computers, other communication equipment and communication methods necessary for using this System. Users shall, subject to their own usage environment, take security measures, such as prevention of unauthorized access and information leaks. FVC shall not be involved or responsible in any way for Users’ usage environment.
In the event any User breaches this ToC and causes any damage to FVC or any third party, such User shall be liable to compensate FVC or any third party for any and all damages, direct or indirect.
FVC may change, suspend or terminate all or part of the functionality of Connect Job System for any reason without prior notice to Users.
Users agree in advance that FVC may optionally add or change the functions of the Services or may suspend or terminate the Services under unavoidable circumstances. In the event that Users use the Services after any amendment to this ToC or to any additional provisions, such amendment shall be a part of the agreement between FVC and Users. Any User who does not consent to the amendment should discontinue the use of the Services.
1.In the event of any of the following, FVC may temporarily suspend the operation of the System without prior notice to or approval of Users, and Users hereby approve in advance:ⅰ.Maintenance of servers related to Connect Job System, modification of specifications of Connect Job System, or repair of system defects, etc.;ⅱ.When a natural disaster or other emergency occurs or is likely to occur, or when the operation of Connect Job System becomes difficult or impossible due to revision or enactment of laws and regulations; orⅲ.In the event FVC determines it is necessary to temporarily suspend the operation of the System due to unavoidable circumstances.
2.FVC shall not be responsible for damages to Users or any third parties arising from the suspension of the operation of the Connect Job System as set forth in this article, nor shall it return any fees or otherwise.
In the event any User ceases to be a Connect Job member due to the termination of registration or for any other reason, such User shall agree that any and all registered information on the System will be deleted and the contents thereof will not be confirmed any more. Provided, however, that FVC shall not be obliged to delete any information.
1.When using the Services or information made available through the Services, Users shall comply with regulations in the countries and regions in which such information is used and FVC shall not be responsible for any violation of regulations by Users.
2.When using the Services, the following acts (including acts to induce them and preparatory acts thereof) shall be prohibited:ⅰ.Acts in violation of any statute, this ToC or any additional provisions;ⅱ.Acts in violation of public order and morals;ⅲ.Acts that infringe FVC’s or any third party's rights;ⅳ.Harassment, slander, net stoking, encouragement of discrimination and other inconvenient actions to other Users;ⅴ.Conduct for profit-making purposes such as sales, advertising, solicitation, membership solicitation, etc. (excluding those acknowledged by FVC), conduct for the purpose of encountering or dating with strangers or other sex, and any other conduct that uses the Services for purposes other than the intended purposes;ⅵ.Any act to destroy or interfere with the functioning of software, hardware, servers, or networks of FVC or any third party;ⅶ.Conduct that involves the unauthorized collection of personal information, registration information, and usage history of other users, disclosure of collected information to third parties, or use such information for hiring activities, headhunting, or sales activities other than the Services;ⅷ.Acts of using the Services using accounts of other Users;ⅸ.Transferring or lending his/her own account to a third party or disclosing the passwords or his/her account to a third party;ⅹ.Attempt to reverse engineer or extract the source code of the software included in the Services;ⅺ.Acts that directly or indirectly benefit Anti-Social Forces through the use of the Service; andⅻ.Acts such as illegally manipulating the Services or preventing other Users from making voluntary and reasonable choices by using automated programs such as bots.
FVC shall be entitled to delete the data, content, and accounts of Users and to discontinue the provision of the Services to Users without prior notice in the following cases. In addition, if Users have more than one account registered, similar measures may be taken for all accounts:ⅰ.When FVC determines that a User has violated or is likely to violate these regulations or any additional applicable provisions;ⅱ.In the event of any delay in the payment of the amount payable to FVC or in the event the use of credit cards or bank accounts designated as the payment method is suspended;ⅲ.In the event that FVC determines that User’s credit is impaired including the case where bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other petition for bankruptcy proceedings has arisen with respect to such User;ⅳ.If the account is registered or used by any Anti-Social Forces or its members or related parties or if FVC determines that such use is likely to occur;ⅴ.When the User has not used his or her account for one year or more; orⅵ.When FVC determines that it is difficult to continue the contractual relationship with the User, including when the relationship of trust with the User is lost.
1.Users represent and warrant the following matters both at present and in the future:ⅰ.The User is not an organized crime group or its related organizations, or other antisocial organizations or groups as defined in (a) the "Act on Prevention of Unjust Acts by Organized Crime Group Members" (hereinafter referred to as "Anti-Social Forces");ⅱ.The User does not use any Anti-Social Forces or do not act in the same manner;ⅲ.No funds or facilities are provided to and no convenience is provided to any Anti-Social Forces. No relationship with any Anti-Social Forces other than those listed in the preceding items is subject to social criticism;ⅳ.The User does not defame, interfere with business, make unreasonable demands, or engage in similar acts by using Anti-Social Forces; andⅴ.The officers and employees of the User are not members of any Anti-Social Forces.
2.In the event any violation of any of the provisions set forth in each item of the preceding paragraph is discovered, the User shall immediately report such fact to FVC.
3.In the event it becomes clear that any User falls under any one of the above items in Paragraph 1, FVC may terminate any and all agreements with such User without notice. Provided, however, that FVC shall not be liable to compensate Users for damages incurred as a result of the termination pursuant to this article, and Users must compensate FVC for damages in the event of any damage to FVC.
1.Users will contact FVC regarding the Services by sending an inquiry form or in a manner specified by FVC at the appropriate location on the website operated by FVC.
2.FVC shall notify Users of the Services by posting or uploading such information on the website operated by FVC at the appropriate location or in any other manner deemed appropriate by FVC.
3.Users shall use the Services upon agreeing that FVC may send advertising or promotional materials relating to FVC or FVC business partners to the Users' e-mail addresses.
This ToC shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction for the first instance over any and all disputes arising in connection with this ToC.
In the event of any doubtful point arising with regard to any matter not stipulated in this ToC or with regard to the interpretation of any of the provisions of this ToC, Recruiting Companies and FVC shall consult with each other in good faith and resolve such dispute.
This ToC shall be applicable on and after October 2, 2018.
When using the following individual services, each of the following provisions shall apply:
2.1.1 License
1.FVC’s License to Job Applicantsi.FVC grants to Job Applicants the use of the Services to the extent specified by FVC;ii.FVC owns the rights to all contents and services provided by FVC within the Services, and FVC will not license Job Applicants to use any patents, utility model rights, design rights, trademarks, copyrights, proprietary know-how, and any other intellectual property rights (hereinafter referred to simply as "IP Rights");iii.Job Applicant may not reproduce, transmit, transfer, lend, adapt or otherwise use the contents of the Services in any manner;iv.FVC shall not grant to Job Applicants the right to sublicense the Services;v.In the event Job Applicant loses his or her membership status due to the termination of registration or for any other reason, the right to use the Services granted by FVC to such Job Applicant shall be extinguished; andvi.FVC may change the validity term of the rights to use the Services granted to Job Applicants at any time.
2.Job Applicants’ License to FVCi.FVC may use or license to any third party personal information registered by Job Applicants (such as CVs, profiles, project reports, images and videos, hereinafter referred to as “Profiles”) to the extent necessary for the following purposes:・Smooth provision and use of the Services;・Construction, improvement, maintenance and improvement of the Services; and・Other matters related thereto.ii.When using personal information and Profiles registered by Job Applicants, FVC may hide part of the information or the name of the information. For example, in order to operate the Services and provide them smoothly, Job Applicants shall approve that Recruiting Companies can use the Profiles after selecting the necessary information.
2.1.2 Management of Membership Accounts
1.Job Applicant shall retain one member's account, password, registered e-mail address, etc., respectively (hereinafter collectively referred to as "Password(s)") per Job Applicant. One or more persons may not have more than one Password and one or more persons may not jointly hold one Password.
2.Job Applicant shall be responsible for the management of Passwords under any circumstances.
3.Under no circumstances may Job Applicant assign, loan, sell, or pledge the membership account to a third party.
4.The provisions of above items 1, 2 and 3 of this article shall not apply to those approved separately by FVC.
5.Job Applicant shall be liable for any damage caused by inadequate management of Passwords, errors in use, or the use by a third party. FVC shall not be liable for any reason whatsoever.
6.In the event that Passwords or the like are known to a third party or are likely to be used by a third party, Job Applicants shall immediately notify FVC thereof and comply with any FVC instructions (if any).
2.1.3 Personal Information on Recruiting Activities
1.After becoming a member of the Services, Job Applicants shall submit personal information necessary for job-seeking activities through the use of the Services at their own discretion and on their own responsibility within the scope of the posting or upload standards set by FVC (hereinafter referred to as "Profiles").
2.Job Applicants agree that no personal information (addresses, e-mail addresses, telephone numbers, etc.) of others may be entered in Profiles, and that any personal information included in Profiles may be deleted or modified by FVC.
3.Upon Job Applicants’ submission of Profiles, they will be accessible to Recruiting Companies. In the event of any change in the Profiles, Job Applicant shall immediately make a correction thereof.
4.Job Applicants who post or upload Profiles shall ensure to FVC that the truthfulness and accuracy of such information and that such information does not infringe the rights of any third party. In the event of any dispute with any third party, Job Applicants shall resolve such dispute at their own expense and responsibility and shall cause no inconvenience or damage to FVC.
5.FVC shall be entitled to take the following actions in the event FVC deems it necessary for the operation of the Services, for example, in the event that Profiles violate the posting or uploading standards or are found to be contrary to facts, or in the event that Job Applicants have not used the Services properly. FVC shall not be liable for any damage whatsoever caused thereby.i.Request voluntary deletion or correction of Profiles;ii.Change the scope of disclosure of Profiles or making them unavailable (closed to the public);iii.Remove all or part of the registered information without prior notice; oriv.Free deletion of files posted or uploaded by Job Applicants.
6.In the event that Job Applicant submits Profiles, he or she agrees in advance that FVC will use such Profiles to the extent necessary for the management and operation of the Services.
7.Job Applicants shall acknowledge that FVC is not obliged to retain information such as Profiles posted by Job Applicants using the Services and shall take responsibility for backing up the necessary information from time to time.
2.1.4 Providing Information and Questionnaires
1.Providing Informationi.FVC shall be entitled to notify Job Applicants of the new system functions, distribute advertisements, distribute e-mail magazines, communicate clerical or administrative matters related to the operation of the Services, and otherwise provide information to Job Applicants.ii.In the event that Job Applicant notifies FVC in advance or thereafter the fact that he or she does not wish to receive information, FVC shall not provide relative information except when necessary for the Services.iii.FVC may delete the e-mail address of Job Applicant from the e-mail recipient in the event that an error notification has been received more than a certain number of times, or a complaint has been received from a third party, whether or not Job Applicant wishes to receive the information.
2.Implementation of Questionnaires, etc.i.After Job Applicant ceases to be a Connect Job member, FVC may conduct questionnaires about the Services and their use, including the status of application, job offers, and job changes.ii.In case of the preceding item, Job Applicants shall provide information, opinions, etc., at their own responsibilities, and shall assure the truthfulness and accuracy of the information, opinions, etc., they provide to FVC.iii.FVC shall use or grant a license to a third party the results of the questionnaires, etc., set forth in the preceding item without the prior consent of Job Applicant to the extent necessary for the operation of the Services.
2.1.5 Indemnification/Waiver
1.Job Applicant shall use the Services on his/her own responsibility, and FVC shall not be responsible for any and all acts performed using the Services and the results thereof. Provided, however, that this shall not apply in the event that damage is caused to Job Applicant due to reasons attributable to FVC.
2.Damage arising from the management, representation and disclosure of job offersⅰFVC may exclude or delete job offers from the website for any reason or for no reason, and shall not be liable for any damage arising from the exclusion or deletion of job offers.ⅱFVC does not manage or control any information on job offers, job offerings, or the words, behavior, or behavior of Recruiting Companies or Recruiting Companies themselves, and does not guarantee the legality, morality, reliability, accuracy or availability of such information and assumes no responsibility whatsoever for such information. Job Applicant shall accept this and use the Services at his/her own responsibility.ⅲConnect Job System refers to Profiles and, with using AI (artificial intelligence), provides Job Applicants with the name of recommendable Recruiting Companies that are found as compatible or provides Recruiting Companies with the name of recommendable Job Applicants. FVC shall not be liable in any way for any damage incurred by Job Applicants due to our presentation of or our failure to present candidates to Recruiting Companies.ⅳThe Services do not guarantee any interviews or employment for Job Applicants. FVC shall not be liable in any way for any failure by Job Applicants to be interviewed or obtain a job, or to be employed.ⅴFVC does not guarantee that technical inaccuracies, typographical errors or faults will not occur with respect to the contents of the Services, and does not assume any responsibility with respect to such technical inaccuracies, typographical errors or faults.ⅵFVC does not guarantee the legality, morality, reliability or accuracy of the content of the external websites, such as advertisements posted on the Services, and assumes no responsibility for the lack of such legality, morality, reliability or accuracy of the external websites.
3.Disputes between Job Applicants and third partiesⅰFVC shall not be involved in any dispute between Job Applicants and any third party, such as (a) any dispute arising out of the intermediation of individual employment contracts, etc., with regard to job information, (b) any dispute arising in the course of its contract, or (c) in the event that Recruiting Companies misuse any information including the personal information of Job Applicants.ⅱFVC shall not be responsible for any dispute, etc., between and/or among Job Applicants and other Job Applicants, Recruiting Companies or other third parties arising out of the use of the Services, including the following cases, and Job Applicant shall settle such dispute at his/her own responsibility and expense: (a)When Job Applicant defames others; (b)When Job Applicant infringes another person's right to privacy; (c)When Job Applicant discloses personal information of a third party without authorization; (d)When Job Applicant has committed an act in violation of the Copyright Act; and (e)Any other cases where Job Applicant infringes upon the rights of others.ⅲFVC shall not be responsible for the interaction between or among Job Applicants, such as contacting Job Applicants outside of the Services.
4.FVC shall not be liable for any damage arising out of or in connection with the following matters unless there is a reason attributable to FVC:ⅰJob Applicant has used or was unable to use the Services;ⅱJob Applicant has carried out transactions through the Services and has spent expenses to obtain information or substitute services;ⅲUnauthorized access to transmission or communication by Job Applicants, data, or unauthorized modification thereof;ⅳRemarks, transmission or conduct by a third party within the Services; orⅴAny other matters relating to the Service or information provided by FVC
5.Scope of Compensation
FVC shall assume liability for damages up to the amount of damages directly and actually incurred by each Job Applicant. In the event this ToU or other terms of use falls under the category of a consumer contract as set forth in paragraph 3 of Article 2 of the Consumer Contract Act (Act No. 61 of 2000) and FVC is liable for damages due to a default or tort, FVC shall not assume liability for damages arising from special circumstances (including cases in which damages are foreseen or foreseeable) except when there is willful misconduct or gross negligence on the part of FVC.
2.1.6 Termination of Membership Registration
1.Termination of Registration by Job Applicant
If Job Applicant desires to terminate the registration of Connect Job member, such Job Applicant shall apply to FVC for termination of the registration in the manner prescribed by FVC.
2.Termination of Registration by FVC
In the event that Job Applicant falls under any of the following items, FVC may, at its discretion, impose compulsory termination of registration, delete all or part of information such as Profiles, and change the scope of disclosure. FVC shall not be liable for any damage whatsoever caused thereby:i.When it becomes clear that Job Applicant did not satisfy the membership standards set by FVC at the time of membership registration;ii.In the event of Job Applicants’ breach of this ToC or any other terms of use;iii.If Job Applicant provides or registers false information;iv.If Job Applicant engages in conducts that adversely affects Recruiting Companies, FVC or a third party, in inappropriate conducts (such as slander, complaints, or discriminatory remarks) or in conducts that impair reputation or reputation);v.When an act that leads to an offense has been committed;vi.If Job Applicant engages in an act that violates laws, regulations, or public order and morals;vii.In the event of any conduct that interferes with the operation of the Services or other services of FVC;viii.If Job Applicant fails to log in to the System for more than one (1) year after the membership registration; orix.Otherwise if FVC determines inappropriate.
2.1.7 Waiver of Class Action
Job Applicants may not sue FVC as plaintiffs or groups in class action or participate as FVC counterparties in any form of class action against FVC in connection with the use of the website.
Connect Job is a function of Connect Job for Candidate and is a job-seeking support for individuals seeking jobs using FVC career consultants (hereinafter referred to as "Connect Job Agent").
2.2.1 Subject Users of Connect Job
Connect Job is available to Job Applicants of all individuals with Connect Job accounts.
2.2.2 Application for Connect Job
Job Applicants may use the Connect Job upon consent to this ToU.
2.2.3 Suspension of Connect Job
Job Applicants may suspend the use of the Connect Job at any time in accordance with the procedures prescribed by FVC.
2.2.4 Acceptance of Job Placement Support Activities by Connect Job Agent
On the Connect Job website and via e-mail to individuals, Connect Job Agent provides information on various job information and events hosted by FVC, provides information on job information and events for specific Recruiting Companies entrusted by such Companies and requests for questionnaire surveys, and conducts interviews and counseling through telephone and online communication tools. As this affects the rights of Job Applicants, Job Applicants shall edit their Profiles and apply for various applications by themselves.
2.3.1 Recruiting Companies’ Accounts
1.Recruiting Companies shall have one account and password respectively per company. Unless specifically authorized by FVC, one Company may not hold more than one account or password respectively and one or more Companies may not jointly hold one account and password respectively.
2.Recruiting Companies are fully responsible for the use, modification and management of account and passwords granted by FVC. Unless otherwise agreed by Recruiting Companies and FVC, Recruiting Companies may not use, lend, or pledge their account and passwords to third parties.
3.If the Services are used with the account and password granted to Recruiting Companies, even if they are used by a third party, it shall be regarded as being used by the Recruiting Companies themselves, and such Recruiting Companies shall assume all responsibility for the use thereof for any reason. Provided, however, that this provision shall not apply where such liability is attributable to FVC.
2.3.2 Application for Use
1.After registering as a member, when Recruiting Companies have consented without reservation to all of the provisions of this ToC, privacy policy and Connect Job additional provisions (including precautions stated in the application form, etc.), and FVC has notified the Recruiting Company that FVC accepts the application after the specified contract review, then a contract for the use of the Connect Job for Employer shall be concluded between FVC and the Recruiting Company (hereinafter referred to as “CJE Contract”) and the Recruiting Company may commence the use of the Connect Job for Employer.
2.(a) If FVC receives an application for the use of the Connect Job for Employer from Users, (b) when the User applies for a fee-based plan or (c) when the User's period of use for a certain period has expired, then FVC shall review the contract with the User in accordance with the specified standards set by FVC. In reviewing the contract, FVC may request inquiries about the contents of the business or the provision or presentation of the required documents.
3.The above contract review standards are subject to change in accordance with revisions to laws and regulations, the situation of Users' use or social conditions, etc. The contract review standards have not been published. Please be informed that FVC will not be able to respond to inquiries about the details and results of the review.
2.3.3 Fee
1.Recruiting Companies shall pay the prescribed fee for the Services within the specified time limit set by FVC in the manner specified by FVC.
2.If any User fails to pay the fee by the due date, FVC shall be entitled to charge a late payment charge of 14.6% per annum for the period from the day following the due date until the payment is made.
3.FVC may, in addition to fees, collect taxes (including but not limited to consumption taxes) required to be collected and paid to the tax authorities in accordance with the laws and regulations, depending on the rate or amount of taxes applicable from time to time.
4.FVC shall determine whether or not consumption tax is paid in terms of domestic consumption by referring to the address notified by Recruiting Companies at the time of application for use, and the User shall be responsible for any problems in the collection of consumption tax due to an error in the address notified.
2.3.4 Non-Refundable Fees
If the posting or upload under the Services terminates during the posting period due to termination of the contract with Recruiting Companies concerning the use of CJE Contract or for any other reason, FVC shall not return any fees received from Recruiting Companies. Unless otherwise provided, Recruiting Companies shall be liable to FVC for the payment of incomplete or unpaid fees.
2.3.5 Copyright
1.Unless otherwise provided in this ToC or CJE Contract, IP Rights such as copyrights and other proprietary rights to the information (including the aggregate thereof) provided by FVC through the Services shall belong to FVC.
2.IP Rights (including rights stipulated in Articles 27 and 28 of the Copyright Act) concerning the contents (including information, documents, photographs, images, images, and software, etc.) included in the job information belong to FVC, except for those previously held by Recruiting Companies, and Recruiting Companies shall not exercise the moral rights of the author.
2.3.6 Confidentiality
1.Recruiting Companies and FVC shall not, without prior written approval, use any information (hereinafter collectively referred to as "Confidential Information") or personal information of the other party that comes to their knowledge in connection with the Services and shall not divulge such information to any third party (excluding subcontractors stipulated in this ToC), for any purpose other than the original purpose of employment screening, etc. Provided, however, that information that falls under any one of the following items shall be excluded from the Confidential Information:i.Information that was already in the possession or public domain at the time of disclosure as well as information that was made public through no fault of the party receiving the Confidential Information after disclosure (hereinafter referred to as "Receiving Party"); andii.Information rightfully obtained by Receiving Party from a third party without the obligation of confidentiality.
2.The provisions of this article shall survive the termination of posting or uploading.
2.3.7 Disclosure and Use of Job Information, etc.
1.Notwithstanding the provisions of the preceding article, if Recruiting Companies post job information on the Services operated by FVC based on an application, such Recruiting Companies shall agree in advance that the job information may be posted or uploaded on the portal site, etc., of a third party that is affiliated with FVC in any respective form.
2.FVC may (a) compile and analyze corporate information, job information, page views, and other records of use provided by Job Applicants in the Services, (b) process such information so that individuals cannot be identified and distinguished, (c) prepare statistical data, etc., and (d) make use of these data without any restrictions.
2.3.8 Obligations of Recruiting Companies
1.Recruiting Companies shall promptly respond to questions, applications, registrations and other communications from Job Applicants through the Services.
2.In the event that an application is made through the Services for the job information listed in the Service, Recruiting Companies shall immediately and explicitly notify the Job Applicant of the results of the selection or whether it is accepted or not.
3.Unless prior written approval is obtained from FVC, Recruiting Companies shall not reproduce, publish, transmit, distribute, transfer, lend, translate, adapt, license, reprint, or reuse content in which FVC has IP Rights.
4.In the event that Recruiting Companies violate the preceding paragraph, FVC shall have the right to prohibit the posting of information, reproduction, reproduction, or other use of the content.
5.When Recruiting Companies provide FVC with information such as photographs, logos, and documents used for the posted information, they shall guarantee to FVC that the IP Rights and any other rights of third parties will not be infringed, and that the content of the posted information will not be contrary to the facts.
6.If there is any change in the name, address or the place to which the invoice is sent, Recruiting Companies shall promptly notify FVC.
7.When using the Services or any information made available through the Services, Recruiting Companies shall comply with the regulations of the country or region in which it is used, and FVC shall not be responsible for any violations of the regulations by Recruiting Companies.
8.In preparing a job offering card, Recruiting Companies shall ensure that the contents thereof are not contrary to public policy and morals, are not anti-social, and are not discriminatory, and shall comply with the laws and regulations related to each industry.
9.Recruiting Companies shall clearly indicate the contents of business, wages, working hours, and other working conditions (hereinafter referred to as the "Contents of Business") to be engaged in and shall comply with the following:i.The Contents of Business shall not be exaggerated;ii.With regard to working hours: the starting and finishing times, working hours in excess of the prescribed working hours, rest periods, days off, and the existence or absence of a discretionary work system, etc. shall be clearly indicated;iii.With regard to wages: matters concerning the form of wages, basic wages, fixed allowances, commutation allowances, and salary increases shall be clearly indicated. In addition, when employing a fixed overtime allowance, the calculation method (limited to clarify the fixed overtime and the amount), the amount of basic wages excluding the fixed overtime allowance, the payment of extra wages for overtime work in excess of fixed overtime, work on days off, and late-night work, etc., shall be clearly indicated;iv.If a part of the Contents of Business and other matters is indicated separately for unavoidable reasons, a statement to that effect must be clearly indicated;v.Limit the level and scope of work to the extent possible for the understanding of candidates;vi.Indicate in as concrete and detailed a manner as possible, including the details of the workplace environment;vii.If there is a possibility that the Contents of Business prescribed may differ from the actual contents of work to be engaged in at the time of the execution of the labor contract, the contents to that effect shall be clearly indicated. If the actual contents of business differ from the Contents of Business already indicated, the candidates shall be notified immediately; andviii.Indicate both the Contents of Business during the probationary period and after the completion of the probationary period, if they differ.
2.3.9 Questionnaire
1.FVC may conduct questionnaires on the Services and their use during or at the time of the execution of the contract with Recruiting Companies.
2.In the case of the preceding paragraph, Recruiting Companies shall provide information, opinions, etc., at their own responsibilities, and shall assure the truthfulness and accuracy of the information, opinions, etc., they provide to FVC.
3.FVC may use or license to a third party the results of the questionnaire set forth in the preceding paragraph to the extent necessary for the operation of the Services without the prior approval of Recruiting Companies.
2.3.10 Termination of Upload
1.If Recruiting Companies wish to terminate CJE Contract, they shall apply as such to FVC in the manner prescribed by FVC.
2.If Recruiting Companies fall under any of the following conditions, FVC may immediately suspend the posting or terminate CJE Contract without prior notice, and all Recruiting Companies’ payment obligations for the fees related to the Services shall immediately become due and payable:i.If Recruiting Companies breach any of its obligations under this ToC or CJE Contract;ii.When it has been found that false information has been notified in the contents of the publication;iii.In the event a draft or check is dishonored or payment is suspended;iv.In the event of an application for attachment, provisional attachment, provisional disposition, or auction, or disposition for failure to pay taxes or other disposition by public authority;v.In the event of commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation and the like;vi.If a substantial change in the management entity or capital structure causes or is likely to cause interference with the smooth operation of FVC's business operations;vii.In the event of a violation of laws and regulations or public order and morals that makes the continuance of posting or uploading impossible;viii.Where FVC's reputation or reputation is defamed or is likely to be defamed in connection with the use of the Services by Recruiting Companies;ix.When there are grounds for FVC to determine that the methods or manner of using the Services of Recruiting Companies are outside the purpose of the Services, and such Recruiting Companies do not respond to the demand for correction after a reasonable period of time has been set; orx.If FVC determines that it is, or it is likely to be, difficult to continue posting.
2.3.11 Automatic Renewal
CJE Contracts will be automatically renewed upon expiration of the initial term unless otherwise specified. In order to refuse to renew the contract, the contract termination procedure (procedures for refusal of renewal) prescribed by FVC must be carried out in advance. Please note that if the contract is automatically renewed as a result of failure to follow the procedures for terminating the contract (refusal to renew procedures), the fee corresponding to the renewal period will accrue.
2.3.12 Indemnification/Waiver
1.FVC shall not warrant that there are any of the following items and shall not be liable for any damage arising from the absence of any of these reasons:i.Legality, morality, morality, reliability, accuracy, usefulness and availability of Profiles submitted by Job Applicants and certainty of recruitment;ii.No technical inaccuracies or typographical errors with respect to the contents of the Services and no faults or defects shall arise; andiii.Provision of the Services in the event of natural disasters, network failures, or other force majeure
2.In the event that a dispute arises between or among Recruiting Companies and Job Applicants, another Recruiting Companies, or any other third party in connection with the provision or use of the Services, FVC shall not in any way be involved or liable in any such dispute.
3.In the event that Recruiting Companies receive a complaint from a third party or a dispute arises with a third party in connection with the Services, such Recruiting Companies shall promptly notify FVC of the complaint and settle it or such dispute at the cost and responsibility of the Recruiting Companies and report the progress and results to FVC. FVC is not in any way involved or liable for the settlement of any such disputes.
4.In the event that FVC receives a complaint from a third party or a dispute arises with a third party in connection with the use of the Services by Recruiting Companies, the Recruiting Companies shall compensate FVC for any amount or other damages for which it is forced to pay and FVC shall not assume any liability whatsoever.
2.3.13 Damages
1.In addition to the case of Article 1.10 hereof, in the event Recruiting Companies fall under any of the conditions set forth in Article 2.3.10 (2) hereof or causes damage to FVC in connection with the use of the Services, the Recruiting Companies shall be liable to FVC for any and all damages, either directly or indirectly.
2.FVC shall compensate for any damage to Recruiting Companies due to willful misconduct or gross negligence of FVC made in the course of providing the Services, including the breach of indemnification provisions herein.
3.In the event FVC is liable for damages pursuant to the preceding paragraph or the law, the scope of damages to be compensated shall be limited to the ordinary damages actually incurred by each Recruiting Company (excluding any extraordinary damages, or lost profits). In such a case, the amount of damages to be compensated shall be limited to the total amount of the fee actually paid by the Recruiting Company to FVC by the time of the damage (in the event the contract period is less than one year, limited to the duration of the contract period).