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BRAIN PORTAL Terms of Use for Clients

 

These Terms of Use shall apply to clients that use or will use Recruit Holdings Co., Ltd. (hereinafter, “Recruit”) and BRAIN PORTAL (hereinafter, “Service”), which is planned and managed by Recruit. Also, even in case of change of the Service name, these Terms of Use shall apply to the same content of service provided by Recruit.   

 

Article 1 (Definitions of Key Terms)

 The definitions of key terms used in these Terms of Use shall be as follows.

(1) “Service” indicates any service (1) providing a Client with information regarding an Assignee to consign the consignment business to, and/or (2) managing the progress of the consignment business for a Client.

(2) “Client” indicates any individual or juridical persons that consign or will consign the manufacturing operation (hereinafter, “Consignment Business”) of products and such to Assignee through our Service.

(3) “Assignee” indicates any individual or juridical persons that undertake or will undertake the Consignment Business from Client through our Service.

(4) “Consignment Agreement” indicates a consignment agreement concluded between Client and Assignee through using our Service.   

(5) “Remunerations” indicate a commission (compensation for the consignment business) which Client shall pay to Assignee under the Consignment Agreement.  

(6) “Usage Agreement for the Service” indicates an agreement between Recruit and Client determining the contract charges for reaching a binding agreement—by which Assignee, who received information provided by Recruit, will implement the consignment business from Client—and for receiving consultation and progress management from Recruit. 

(7) “Personal Information” indicates information enabling the identification of individuals, such as addresses, names, and email addresses.

(8) “Confidential Information” indicates any information regarding technology, development, products, sales, plans, know-how, etc. that Client and Recruit obtained from any counterparty or Assignee through our Service.    

 

Article 2 (Purposes of These Terms of Use)

1. These Terms of Use shall aim to clarify matters regarding Client’s information registration for using our Service, and the roles and responsibilities of Client and Recruit with respect to providing our Service.

2. Based on these Terms of Use, Recruit may provide information regarding Assignee candidates to Client, provided that Client appropriately completed information registration for using our Service.

3. In addition to the matters determined on these Terms of Use, detailed regulations, operation rules, and all noted matters separately set by Recruit regarding our Service shall constitute part of these Terms of Use. 

 

Article 3 (Client’s Information Registration)

1. Upon understanding and accepting the structure of our Service and contents of service provided through our Service, Client shall provide the required information on the format to register the Client information and contents of the Consignment Business. Furthermore, Client shall register Client information by uploading the required information to our Service’s website.  

2. Clients shall guarantee that the contents registered in the preceding paragraph do not contain false information and shall immediately notify Recruit in case of any changes in submitted contents.  

 

Article 4 (Our Service)

1. Our Service shall be constituted as follows.

    (1) Providing Client with information regarding Assignee candidates

    (2) Managing progress of the Consignment Business and consultation to Client

2. Our Service is for the purposes of enabling Clients to sign the Consignment Agreement with an appropriate Assignee and enabling Assignee to smoothly perform the duty of the Consignment Agreement. Recruit shall not be a related party to the Consignment Agreement and shall not be liable for performing the Consignment Business.    

3. Although Recruit may provide information regarding the Assignee candidates to any Client that has registered the contents of the Consignment Business on our Service, Recruit shall not be obliged to provide applicable information.

4. In case Client signs a Consignment Agreement regarding Consignment Business with an Assignee with which Recruit provided the information, the Usage Agreement for the Service—determining the contract charges for the Consignment Agreement by which Recruit provides information regarding Assignee and Recruit provides progress management and consultation for the Consignment Business—shall be separately signed between Client and Recruit, and the service charges shall be paid based on the contract.  

5. Recruit shall not confirm or guarantee the contents, quality, credibility, legality, accuracy, and usefulness in selection of Assignee and the performance and deliverables by Assignee based on the Consignment Agreement nor shall Recruit be in any way liable for any defects.

6. Client shall       

1.   As for the payment process of the Remunerations by Client to Assignee based on the Consignment Agreement, pursuant of the Article 6, Client shall agree that Recruit shall conduct the process as Client’s agent. However, Recruit shall not be obliged or liable for default payment of the Remunerations by Client.

 

 

Article 5 (Limitation on Agreement with Counterparty Client Received the Information for)

Client shall not directly make a contract, solicit, or respond to solicitation (hereinafter, “Disintermediation Act”) without using our Service within 5 years after Recruit provided the information of Assignee candidates through our Service. In case of conducting the Disintermediation Act, the Consignment Agreement concluded between Client and Assignee through the Disintermediation Act shall be deemed to be signed using our Service, and Client shall pay the equivalent amount, 30% of commission to be paid to Assignee, as Usage Fees of the Service and penalty.

 

Article 6 Usage Fees of the Service

1.    As for using our Service, registering Client’s information and registering information of the Consignment Business shall be conducted entirely free of charge.

2.    In the case that Client concludes a Consignment Agreement with assignee in which the information was provided by Recruit, Client shall separately sign the Usage Agreement for the Service with Recruit and shall pay the usage fees of the Service specified by Recruit based on the contract.

3.    The Usage Fees of the Service include progress charges for progress management of the consignment business by Recruit and consultation upon request as well as contract charges of the Consignment Agreement through information regarding Assignee provided by Recruit.

4.   The Usage Fees shall be paid by Client to Recruit at the time of payment for the Remunerations prescribed in the following article. However, the rates and payment period shall be determined by the Usage Agreement for the Service that shall be separately concluded between Client and Recruit.

 

 

Article 7 (Payment Procedures of Remunerations Etc. & Payment Commission Fees)

1.   Client shall consign the payment procedures of the Remunerations to the Assignee of the Client and Recruit shall handle the payment procedures on behalf of Client.

2.   Client shall be obliged to pay the Remunerations, charges incurred for commission of Remunerations payment procedure (hereinafter, “Payment Commission Fees”), and service charges (collectively, “Remunerations etc.”) to Recruit.

3.    Client shall pay the Remunerations etc. to Recruit immediately via method(s) separately specified by Recruit promptly after claim rights of the Remunerations incurred to Assignee based on the Consignment Agreement have been established.

4.   After it has been created, Client shall issue its copy of the Consignment Agreement form promptly to Recruit in order for Recruit to handle the payment procedure of Remunerations etc. on behalf of Client.

5.    Client shall be responsible for transfer fees of Remunerations etc., and Assignee shall be responsible for transfer fees incurred when Recruit makes a deposit of Remunerations to Assignee.

6.    Remunerations shall not be directly given and received between Client and Assignee. Also, regardless of whether Remunerations are directly given or received between Client and Assignee, Client shall be obliged to deposit the Remunerations to Recruit.   

 

Article 8 (Expense Allocation)

  Client shall be responsible for expenses required to perform Client’s own obligations based on these Terms of Use unless prescribed in advance. Also, the party concerned shall be responsible for additional expenses incurred on its own behalf.  

 

Article 9 (Confidentiality of Confidential Information & Personal Information)

1.  Recruit shall disclose the Client’s Confidential Information only to its officers and employees necessary for conducting our Service, and Recruit shall not use disclose or leak such information to any third party or use the information for purposes other than conducting our Service without prior written permission of Client.  

2.  In case of request by Client, Recruit shall immediately dispose of all of Confidential Information with due consideration for information leakage.

3.  Recruit may entrust all or part of handling Client’s Confidential Information to Assignee to the extent necessary for business. However, in that case, Recruit shall burden the corresponding Assignee with the equivalent obligation as Recruit’s obligation as stated in this article. 

4. Upon reviewing whether to implement our Service or using our Service, Client shall only use the Confidential Information and Personal Information for purposes of reviewing whether to implement or use our Service, and Client shall not use the information for other purposes (whether business purposes or not.)   

5.  Client shall appropriately and strictly handle the Personal Information and Confidential Information of Assignee as confidential and shall not disclose or leak the information to any third party unless given consent by Assignee.

6.  As for usage of management of Personal Information and Confidential Information of Assignee by Client, in case of litigation or complaints filed by customers or any other third party to Recruit, Client shall resolve the complaints and litigation at Client’s expense and Client shall assume full responsibility, and Recruit shall be exempt from all liability. 

7.  Client shall not disclose or leak Recruit’s Confidential Information and information of Recruit that shall not be disclosed to the public (including, but not limited to, information regarding our Service, structure, know-how, and program sources) gained through reviewing whether to implement or use our Service to any third party or use said information for themselves.

8.  In case of request by Recruit, Client shall immediately return all Confidential Information and Personal Information to Recruit or dispose of them with due consideration for information leakage.

9.  Disclosing Confidential Information of any counterparty which Recruit was lawfully ordered to disclose by any country or other governmental authority shall be exempt from confidentiality obligations. However, any party petitioned for this order shall promptly notify the fact of receiving the order to counterparty and endeavor to ensure the confidentiality of Confidential Information as much as possible.     

 

Article 10 (Prohibited Matters)

Upon using our Service, Client shall not perform any of the following acts, or any actions with the risk of resulting in the following.

(1)    Acts that will or may constitute criminal activities

(2)    Acts that violate rights such as copyrights, trademarks, other intellectual properties, privacy rights, and the reputations of Recruit’s or any third parties’

(3)    Acts that discriminate or slander Recruit or any third party

(4)    Acts to use our Service for purposes other than what our Service is planned for

(5)    Acts that hinder the operation of our Service such as unauthorized access to the system designed to provide our Service

(6)    Acts to reproduce, duplicate, reprint, transfer, accumulate, sell, publish, or any other actions to use all or part of the contents beyond the scope of private use without Recruit’s permission

(7)    Acts that damage the trust of Recruit or any third party

(8)    Acts to impersonate other person(s) and use our Service

(9)    Acts that violate laws, public order and morals, or these Terms of Use

(10) Acts to use our Service for any method other than those approved by Recruit

(11) Nuisance to Recruit or any third party

(12) Any other acts that Recruit deems inappropriate

 

Article 11 (Compensation for Damages)

Client shall not inflict any losses, burdens, or damages to Recruit that arise by any action or result (including communication-based problems between Client and Assignee candidates) of Client through using our Service. In the case that Recruit suffers any losses, burdens, or damages arising from any user action and its results (including, but not limited to, actions violating these Terms of Use), Client shall compensate the losses, burdens, or damages suffered by Recruit.

 

Article 12 (Disclaimer of Recruit)

1.     Recruit shall not guarantee the accuracy, recentness, completeness, usefulness, or any other matter concerning our Service and information provided through our Service.

2.     Even in the case that Client’s device(s) is not suitable for using our Service, Recruit shall not be obliged to offer compatibility support for using our Service, including changing or modifying our Service.  

3.     Upon using our Service, Client shall agree in advance that all or part of our Service may not be able to be used due to communication environment and other circumstances.

4.    Recruit shall not guarantee that emails sent regarding our Service and/or our Web contents do not include harmful programs such as computer viruses.

5.     In the case that Client violates these Terms of Use, or Client takes other actions deemed inappropriate by Recruit with respect to the operation of our Service, Recruit may take the measures necessary, such as suspension of our Service and compensation claims (including legal actions) to prevent the corresponding actions of Client without any report, notification, or disclosure of reason. Also, Recruit shall not be liable for damages incurred to Client arising from the necessary measures.

6.     As a principle, Recruit shall not be liable for any damages incurred to Client arising from using our Service in addition to every matter listed above.

7.     In case of compensating for damages incurred to Client arising from financial default or any illegal act caused by Recruit’s negligence (excluding gross negligence), Recruit shall compensate with the upper limit of our Service usage fees or other fees that were paid or should be paid by Client regarding the incurred losses.

 

Article 13 (Change, Suspension, or Abolition of Our Service)

1.   In case of situations prescribed as follows, Recruit may suspend all or part of our Service without prior notice to users, and Recruit shall not be liable for compensation—in case of compensation incurred from such suspension—to users or any third party.

(1) In case of regular or urgent maintenance or inspection of the system that provides our Service (including cases of changing specifications for providing our Service to any third party).

(2) In case of encountering difficulties or disabling our Service due to an emergency such as a fire, power outage, and/or natural disaster.

(3) In case of encountering difficulties disabling our Service due to war, civil war, riot, disruption, or labor dispute.

(4) In case of encountering difficulties or disabling our Service due to system malfunction, unauthorized access by third party, computer viruses, or similar circumstances.

(5) In case of encountering difficulties or disabling our Service due to measures based on relevant laws.

(6) In case of encountering difficulties or disabling our Service due to suspension or termination of third-party service provider (including, but not limited to, suspension due to maintenance, change in specifications, and remedy of defects).

(7) Any other situation beyond Recruit’s reasonable control

2.    Recruit may revise, add, change, or abolish all or part of our Service without prior notice to users, and Recruit shall not be liable for compensation—in case of compensation incurred by any of these actions—to users or third party.

 

Article 14 (Adjustment to the Articles)

1.    Recruit, at our discretion, may change these Terms of Use for any reason at any time.

2.    The revised version of these Terms of User shall be effective after they have been posted on the screen of the device which our Service is provided to, except when Recruit separately determines a date.

3.     In the case that Client cannot agree to the revised version of these Terms of Use, Client shall be deemed to have ended using our Service and Client shall be deemed to consent to the revised version of these Terms of Use when Client continues to use our Service after the revised version of these Terms of Use has become effective.

 

Article 15 (Eliminating Antisocial Forces)

1.     Client shall assert that it is not currently an organized crime group, member of an organized crime group, an entity for which fewer than 5 years have passed since last a member of an organized crime group, associate member of crime group, corporate entity related to any organized crime group, corporate extortionist, political racketeering organization, organized crime syndicate, or any other equivalent group and they do not fall under any of the following categories and pledge that they also will not be involved with any of the following categories in the future. 

(1) Parties associated with antisocial forces, such as member of organized crime group, are included in the management

(2) Parties associated with antisocial forces, such as member of organized crime group, are substantively involved in management

(3) Parties associated with antisocial forces, such as member of organized crime group, are misused for purposes of acquiring wrongful gain for himself/herself or a third party and/or inflicting damages to any third party

(4) Parties associated with antisocial forces, such as member of organized crime group, provide or receive from Client funds, other supplies, or benefits

(5) Directors or persons substantively involved in management have socially reprehensible relationship(s) with antisocial forces, such as members of organized crime groups

 

2.   Client shall assert that they do not conduct any action that falls under any of the following categories through themselves or any third party.

(1) Demand with violence

(2) Unreasonable demand beyond legal entitlement

(3) Use of intimidating words or actions regarding a transaction

(4) Damage the credit or obstruct the business of another party by spreading false rumors or by the abuse of power

(5) Any other equivalent actions to the above

 

Article 16 (Effectiveness of These Terms of Use and Other Terms of Use)

1.    If any part of these Terms of Use is determined to be invalid based on laws, all other

provisions on these Terms of Use shall be valid.

  1. If any part or all of these Terms of Use is determined to be invalid or revoked in relation with a Client, these Terms of Use shall be valid in relation with all other Client.

 

Article 17 (Non-Transferable Rights & Obligations)

1.    Except as otherwise determined for these Terms of Use, Client shall not transfer, lend, or collateralize the rights and obligations incurred from these Terms of Use to any third party without the prior written permission of Recruit.

2.    In case of transferring the business associated with our Service to any other company, Recruit may transfer the status on the Usage Agreement, rights, and obligations based on these Terms of Use, and Client information to the grantee of the corresponding business transfer as a result of the corresponding business transfer, and Client shall be deemed to consent to the transfer in advance. Also, business transfer prescribed in this section is not limited to ordinary business transfer but includes all cases of mergers and other transfers of business.

Article 18 (Applicable Laws & Court of Jurisdiction)

1. These Terms of Use shall be governed by the laws of Japan.

2. The Tokyo District Court shall be the exclusive consensus court of jurisdiction for the first trial in response to litigation arising between Client and Recruit.

 

 

Supplementary Provisions

Created and Effective as of February 17, 2016





BRAIN PORTAL Terms of Use for Experts

 

These Terms of Use shall apply to experts that use or will use Recruit Holdings Co., Ltd. (hereinafter, “Recruit”) and BRAIN PORTAL (hereinafter, “Service”), which is planned and managed by Recruit. Also, even in case of change of the Service name, these Terms of Use shall apply to the same content of service provided by Recruit.  

 

 

Article 1 (Definitions of Key Terms)

 The definitions of key terms used in these Terms of Use shall be as follows.

(1) The Service has two main roles: (A) providing Clients with information on Experts that can do Outsourced Work for the Clients and (B) managing the progress on Outsourced Work.

(2) A “Client” is an individual, company, or other legal person who is using or intends to use the Service to outsource manufacturing and other manufacturing-related work (collectively referred to as “Outsourced Work”).

(3) An “Expert” is an individual, company, or other legal person who has accepted or intends to accept Outsourced Work from a Client through the Service.

(4) An “Outsourcing Agreement” refers to the agreement concluded by a Client and an Expert through the Service.

(5) A “Consideration” refers to a sum of money that a Client should pay the Expert as defined in the Outsourcing Agreement. The Consideration is in other words the reward for Outsourced Work.

(6) A “Service User Agreement” is an agreement concluded by Recruit and a Client for the Client to receive consulting and progress-management services from Recruit. The Service User Agreement defines the contracting fee, which is the fee that the Client must pay in exchange for receiving information on Experts from Recruit and for entering into an agreement with an Expert that will perform the requested Outsourced Work.

(7) “Personal Information” refers to data such as name, address, and email address that enables the identification of an individual.

(8) “Confidential Information” refers to all information acquired by Recruit and Experts through the Service from each other or from a Client; it includes, but is not limited to, information on technologies, development, products, business, plans, and know-how.

 

Article 2 (Purposes of These Terms of Use)

1. The Terms of Use lay out the details concerning registration to be done by Experts in order to use the Service and specify the roles and responsibilities of the Expert and Recruit in the context of providing the Service.

2. Recruit shall be allowed to provide a Client that has completed registration to use the Service as required in the Terms of Use with information on Experts that can perform the Outsourced Work requested by the Client.

3. In addition to the terms of the Terms of Use, detailed rules, operating rules, and various notes defined separately by Recruit for the Service shall constitute a portion of the Terms of Use.

 

Article 3 (Experts Registration)

1. An Expert must complete registration for the Service by: first familiarizing themself with the content of the Service and how it works, then entering data pertaining to the Expert in the prescribed format on the Website, and finally uploading all required data.

2. An Expert must ensure that the material provided for registration, as specified in the preceding paragraph, does not contain any false content and shall notify Recruit immediately of any changes in registered data should they occur.

 

Article 4 (Our Service)

1. The Service has two main roles:

(1) Providing Clients with information on Experts that are capable of performing the requested Outsourced Work

(2) Consulting and managing the progress of Outsourced Work for Clients

2. The Service is designed to find an appropriate Expert with whom a Client can conclude an Outsourcing Agreement and to facilitate the execution of duties by the Expert as set forth in the Outsourcing Agreement. Recruit is therefore not a party to the Outsourcing Agreement and is not responsible for carrying out the Outsourced Work.

3. Recruit may, but does not have an obligation to, provide information on an Expert to a Client that has completed registration and has requested Outsourced Work through the Service.

4. With regard to the selection of Experts, the execution of work by the Expert according to the Outsourcing Agreement, and the products thereof, Recruit does not: verify the content; guarantee any level of quality, reliability, legality, accuracy, or utility; or bear any responsibility for defects or deficiencies.

5. As detailed in Article 7, the Consideration owed to an Expert by a Client in accordance with the Outsourcing Agreement shall be processed on the Client’s behalf by Recruit (the Client shall consent to this). Recruit, however, shall bear no obligation or responsibility in the event that the Client does not provide the money to be paid.

 

Article 5 (Restrictions on disintermediation)

   For five years after an Expert is introduced to a Client by Recruit through the Service, the Expert may not do the following directly with the Client without using the Service (collectively referred to as “disintermediation”): enter into an agreement with the Client, invite the Client to enter into an agreement, or accept an invitation from the Client to enter into an agreement. Any agreement concluded by the Expert and the Client through disintermediation shall be considered an Outsourcing Agreement concluded through the Service and shall be subject to a penalty, worth 5% of the reward paid by the Client to the Expert, which the Expert must present to Recruit.

 

Article 6 (Service Usage Fee)

1. An Expert will neither need to pay a fee nor receive a reward for providing information to complete registration.

2. The Service Usage Fee consists of consulting fees and/or the contracting fee (for the information on Experts provided by Recruit) and will in principle be paid to Recruit by the Client together with the Consideration payment as detailed in the next Article.

 

Article 7 (Payments)

1. A Client shall entrust Recruit with the processing of Consideration payments to the Expert. In other words, Recruit will process payments on the Client’s behalf.

2. When an Outsourcing Agreement is concluded, giving rise to the Expert to claim a payment of Consideration, the Client shall promptly provide Recruit with the money for Consideration according to the method specified separately by Recruit.

3. To facilitate Recruit’s processing of payments (including Consideration) on the Client’s behalf, the Client will provide Recruit with a copy of the Outsourcing Agreement as soon as it is concluded. The Expert shall consent to this.

4. The Expert shall bear the cost (wire transfer fee) required by Recruit to perform a bank transfer to provide the Expert with the Consideration.

5. The Expert must not receive the payment of Consideration directly from the Client. Regardless of whether a payment has been made directly in violation of this term, the Client has the obligation to provide Recruit with the money for Consideration payment.

 

Article 8 (Costs)

   Unless set forth in advance, the Expert shall bear the expenses for fulfilling their obligations in accordance with the Terms of Use.

 

Article 9 (Non-disclosure of Confidential Information and Personal Information)

1. Except when required for the operation of the Service that Recruit disclose the Expert’s Confidential Information to Recruit executives and/or employees, Recruit shall not, without the prior written consent of the Expert, disclose in any way the Expert’s Confidential Information to a third party and shall not use it for a purpose other than the operation of the Service.

2. Whenever requested by an Expert, Recruit will immediately destroy all Confidential Information in a way that takes extra precautions to guard against information leakage.

3. Only to the extent required for operational execution, Recruit shall be allowed to entrust a subcontractor with some or all of the operations that involve the handling of the Expert’s Confidential Information. When this is required, Recruit shall require the same duty of confidentiality of the subcontractor as that defined in this Article.

4. With regard to the Confidential Information and Personal Information acquired by an Expert through the Service when deciding whether to use the Service or when using the Service, the Expert may only use the information to decide whether to use the Service or to actually use the Service. The Expert may not use the information for any other purpose (whether commercial or not) in any way.

5. An Expert shall treat the Personal Information and Confidential Information of a Client in strict confidence and in an appropriate manner, and the Expert shall not disclose the information in any way to a third party except when consent has been obtained directly from the Client.

6. If a customer or another third party files a claim (including a lawsuit) against Recruit regarding the use or management of the Personal Information or Confidential Information of a Client by an Expert, the Expert shall settle or resolve the claim on their own responsibility and at their own expense and shall indemnify Recruit.

7. The following that an Expert acquires when deciding whether to use the Service or when using the Service may not be disclosed in any way to a third party or be used by the Expert for the Expert’s own purpose: Recruit’s Confidential Information and undisclosed information, which includes, but is not limited to, source code, know-how, methods, and other information relating to the Service. 

8. Whenever requested by Recruit, an Expert shall immediately return all Confidential Information and Personal Information to Recruit or destroy all the information in a way that takes extra precautions to guard against information leakage.

9. A legitimate request by the national government or another public authority for Recruit to disclose Confidential Information is not subject to the duty of confidentiality defined in this Article. However, whenever Recruit (or an Expert) learns of such a request, Recruit (or the Expert) must promptly notify the Expert (or Recruit) and other relevant entities of the matter, and efforts shall be made to maintain the confidentiality of Confidential Information as much as possible.

 

[Article 10] Prohibited acts

   An Expert shall not do any of the following or anything that may be considered any of the following.

(1) Commit a crime or an act that may lead to crime

(2) Infringe Recruit’s or a third party’s rights, which include, but are not limited to, copyrights, trademark rights, other intellectual property rights, privacy rights, and rights to honor and dignity

(3) Slander or discriminate against Recruit or a third party

(4) Use the Service for a purpose other than its intended purpose

(5) Attempt or gain unauthorized access to the Service’s systems; interfere with the operation of the Service

(6) Duplicate, reproduce, copy, transfer, store, sell, or publish the content of the Service, entirely or in part, without Recruit’s permission. Any other use of the content of the Service, entirely or in part, is also prohibited if beyond the Expert’s own personal use and Recruit’s permission has not been obtained.

(7) Undermine the credibility of Recruit or a third party

(8) Use the Service under a false name or identity

(9) Violate a law, a regulation, or the Terms of Use; disrupt public order and morality

(10) Use the Service in a way other than what is approved by Recruit

(11) Cause a nuisance to Recruit or a third party

(12) Do something not listed above but is nonetheless deemed inappropriate by Recruit

 

Article 11 (Obligation to pay damages)

   An Expert shall not cause any loss or damage to Recruit, burden Recruit, or place Recruit at a disadvantage through the use of the Service (this includes consequences of problems arising from communication with a Client). If Recruit incurs any loss, damage, burden, or disadvantage that is attributable to the Expert (including, but not limited to, a violation of the Terms of Use by the Expert), the Expert shall compensate Recruit for the loss, damage, burden, or disadvantage.

 

Article 12 (Release from liability)

1. Recruit does not guarantee any aspect of the Service or of the information provided through the Service, including, but not limited to, accuracy, the state of being up to date, completeness, and usefulness.

2. If an Expert’s device is not suited for the use of the Service, Recruit has no obligation to modify or improve the Service or to make any other arrangement to enable suitability.

3. By using the Service, the Expert agrees that the Service may become unavailable for use, entirely or in part, for any reason, including problems arising from the communications infrastructure.

4. Recruit does not guarantee that Service-related emails and Web content that Recruit sends are free of computer viruses and other harmful components.

5. If an Expert violates the Terms of Use or does any other act deemed inappropriate for the operation of the Service by Recruit, Recruit reserves the right to terminate the use of the Service by the Expert, file a damage claim, or take any other action (including legal action) to prevent further harmful action by the Expert without any notice, request, or disclosure of the reason for doing so. Recruit will not be liable for any loss or damage incurred by the Expert in the foregoing process.

6. In addition to the cases described above, in principle, Recruit shall not be responsible for any loss or damage incurred by the Expert through the use of the Service.

7. In the event that Recruit compensates an Expert for breach of contract or wrongdoing associated with Recruit’s negligence, Recruit will pay as damages a sum not exceeding the Service Usage Fee that the Client has paid or should pay for the agreement involved (except in the case of gross negligence).

 

Article 13 (Modification, suspension, and termination of Service)

1. In the following cases, Recruit may suspend or discontinue all or part of the Service without notifying the Expert. Recruit shall not be responsible for any damage incurred by the Expert or a third party as a result.

(1) Regular or emergency maintenance or inspection is needed for the Service’s system. (This includes changes to the specifications of a service provided by a third party.)

(2) The operation of the Service is deemed either difficult or impossible due to an emergency, such as a fire, a power failure, or a natural disaster.

(3) The operation of the Service is deemed either difficult or impossible for a reason such as war (civil or international), insurrection, riot, or labor dispute.

(4) The operation of the Service is deemed either difficult or impossible for a reason such as Service system failure, unauthorized access, or infection by a computer virus.

(5) The operation of the Service is deemed either difficult or impossible as a result of legal action or a measure implemented by a public authority.

(6) The operation of the Service is deemed either difficult or impossible as a result of suspension or termination of a service provided by a third party (this includes suspension due to maintenance, changes to specifications, or defect repair).

(7) Any other case in which Recruit deems suspension or termination inevitable

2. Recruit reserves the right to make modifications, additions, or deletions (collectively, “changes”) to all or part of the Service without notifying the Expert. Recruit shall not be liable for any loss or damage incurred by the Expert or a third party as a result of the changes.

 

Article 14 (Changes to the Terms of Use)

1. Recruit reserves the right to make changes to the Terms of Use at its discretion, for any reason, and at any time.

2. Unless otherwise specified by Recruit, the updated ToS that have undergone any changes shall come into effect immediately upon being displayed on the screen of the device on which the Service is being used.

3. An Expert who cannot agree to the updated ToS shall stop using the Service. An Expert who continues to use the Service after the updated ToS take effect agrees to the updated ToS.

 

Article 15 (Measures against organized crime (Anti-Social Forces)

1. An Expert shall be able to testify that they are not, and will not become, any of the following (collectively referred to as “gang-related entities”): a gang, a gang member, a former gang member (a gang member within the last five years), a gang associate, a gang-related company, a racketeer (including racketeering organizations claiming to advance political or social interests), a fraud group (including groups using specialized skills to fraudulently advance personal gains), or any entity that essentially constitutes any of the above. The Expert shall also declare that none of the following applies, and will not apply, to them.

(1) Have a relationship that is deemed to be controlled by a gang-related entity

(2) Have a relationship that is deemed to be partially controlled by a gang-related entity

(3) Utilize a gang-related entity to advance wrongful gain for themself, their own company, or a third party or to cause wrongful loss to a third party

(4) Have a relationship that involves providing money, benefits, etc. to a gang-related entity

(5) An executive or another individual who is essentially part of the company’s management has a socially disreputable relationship with a gang-related entity.

2. An Expert shall vow to never do, or have a third party do, any of the following.

(1) Try to obtain something through force or threats

(2) Make unreasonable demands that go beyond the limits of legal liability

(3) Use behavior that is seen as intimidation or violence to do business

(4) Damage another entity’s reputation or interfere with another entity’s business by spreading rumors, abusing power, or committing fraud

(5) An act that essentially constitutes any of the above

 

Article 16 (Severability and validity of the Terms of Use)

1. If a part of the Terms of Use becomes invalid based on a law or regulation, the rest of the Terms of Use remains valid.

2. If the Terms of Use become invalid or void, entirely or partially, with reference to one Expert, the Terms of Use remain valid with reference to the other Experts.

 

Article 17 (Anti-assignment)

1. Unless otherwise stated in the Terms of Use, an Expert may not transfer, lend, or offer as collateral to a third party the rights and obligations associated with the Terms of Use without the prior written consent of Recruit.

2. When the ownership of the business involving the Service is transferred to another company, Recruit may transfer the information concerning Experts and the rights and obligations associated with the Terms of Use to the new owner of the business. The Expert shall provide advance consent concerning such a transfer. Transfer of business ownership in this paragraph refers to all transactions that involve the transfer of business operations, including company split.

 

Article 18 (Applicable law and jurisdiction)

1. Japanese law shall apply to the Terms of Use.

2. A dispute between an Expert and Recruit that requires litigation shall be submitted by consent to the exclusive jurisdiction of the Tokyo District Court in the first instance.

 

Additional rules

Created and effective on February 17th, 2016


 



PRIVACY POLICY

Media Technology Lab
Privacy Policy
Personal Information Protection Policy

Recruit Holdings Co., Ltd. provides, through a variety of media, including information magazines, the Internet, mobile devices, events, and service counters, various chances for companies and individuals, in different aspects of their lives, as expressed in its brand message "Meet your opportunity."

In operating its business, RECRUIT handles the personal information of a large number of customers and employees. Therefore, RECRUIT has established this Policy and a personal information management system based on its Code of Ethics, through which RECRUIT, as a company, is committed to realizing the responsible handling of personal information.

Policy 1
RECRUIT will, to the extent possible, specify the purposes of use of the personal information, and will properly handle the personal information within the scope necessary to achieve such purposes. RECRUIT will take measures to ensure the prevention of any use of the personal information other than for the intended purposes of use.

Policy 2
RECRUIT will obtain personal information only through legitimate and appropriate means.

Policy 3
RECRUIT will not provide any third party with the personal information of any individual without the consent of such individual.

Policy 4
In managing personal information, RECRUIT will make efforts to take all necessary and appropriate measures to ensure the prevention and correction of any leakage, loss or damage of the personal information, as well as the otherwise secure management of the personal information.

Policy 5
In handling personal information, RECRUIT will make efforts to ensure that the individual who has provided the information may properly be involved in the handling process, and make efforts to keep the personal information accurate and updated to the extent possible.

Policy 6
RECRUIT will comply with laws and regulations pertaining to the protection of personal information, and establish, continuously review and comply with its internal rules pertaining to the protection of personal information.

Policy 7
RECRUIT will have a section for responding to complaints and consultations concerning the protection of personal information and make efforts to properly respond to such complaints and consultations.

Recruit Holdings Co., Ltd..
Masumi Minegishi, President and Representative Director

(Supplementary Provisions)
Established and implemented on April 17, 2002
Revised on April 2, 2003
Revised on April 1, 2004
Revised on December 15, 2005
Revised on June 6, 2007
Revised on March 5, 2008

RECRUIT is accredited as a “privacy-mark” licensed operator.

17000021_85_JP

 

Regarding the handling of personal information

Recruit Holdings Co., Ltd. ("RECRUIT") shall post this privacy policy, shall respect the privacy of companies, affiliated companies, associations, etc., that use the services provided in accordance with this privacy policy ("Services") (“Service Using Companies, etc.”) and each person ("User") who uses the Services and shall handle the personal information (as defined below) of all Users with the utmost care in the management thereof. Personal information

Personal information means information concerning a User as an individual, which can identify the User based on the name, address, telephone number, e-mail address, educational institution, or other descriptions, etc. constituting such information. In addition, any information which cannot identify the User solely by itself but can easily be cross-referenced with other information and, as a result thereof, can identify the User, is also included in the scope of personal information. Purposes of use of personal information

RECRUIT shall use personal information only for the following purposes, and shall not use any personal information beyond these purposes of use:

A. Personal authentication of Users and provision of various services to such Users;

B. Distribution and sending of communications, mail magazines, direct mail, various announcements, etc. relating to the use of the Services;

C. Provision of personal information to Service Using Companies, etc., subject to Users’ consent/application;

D. Distribution/display of advertisements, contents, etc., based on attribute information, terminal information, location information, action history records, etc., and provision of the Services ;

E. Improvement of the Services, development and marketing of new services;

F. Conduct of campaigns, questionnaires, monitoring trials, interviews, etc.;

G. Distribution of URL information to senders of blank emails;

H. Confirmation and responses to the content of comments, inquiries and word-of-mouth postings received concerning the Services; and

I. Investigation into: the act of making various types of applications; various types of multiple applications; assignment of rights; registration of false information for commercial/reutilization purposes, which are prohibited by the terms of use, etc., as well as confirmation of details of the content of such applications based on the foregoing.
Addressee information received from Users

Under the Services, RECRUIT may receive, from a User, addressee information other than the information of such User, in order to send messages, products, etc., on behalf of the User.

Under the Services, addressee information will be used solely for sending messages, products, etc., based on the relevant User’s request and will be properly managed as personal information.

Addressee information shall be registered, changed or deleted at the discretion of the relevant User, and, as a general rule, will not be changed or deleted at the Services’ side. Anyone who wishes to change or delete addressee information is requested to contact the User who has sent the message, products, etc., to the addressee.

If an addressee does not know the sender, please refer to the following contact in charge of personal information management.
Provision of personal information to third parties

RECRUIT, as a general rule, does not provide any third party with any User’s personal information without the consent of such User. RECRUIT provides third parties with personal information only if it has obtained the User's consent thereto, specifying the party to whom the information is to be disclosed and the content of information to be disclosed. However, RECRUIT may provide personal information without the User's consent within the scope not conflicting with related laws and regulations, where any of the following applies:

A. RECRUIT considers that the User will cause disadvantage to a third party;

B. Providing such personal information is specifically necessary for the improvement of public health or the sound growth of children, and obtaining approval therefor from the User is difficult;

C. It is necessary to cooperate with a governmental organization or a local government, or a person designated by the same in the performance of administrative work prescribed by laws or regulations, and obtaining the consent of the User thereto will likely hinder the performance of such administrative work;

D. The disclosure of the personal information is required by a court, public prosecutor's office, police or any other organization having similar authority;

E. User has expressly requested that his/her personal information be disclosed or provided to third parties;

F. It is permitted by law or regulations to disclose or provide the personal information; or

G. The personal information is provided in connection with a business succession due to merger or otherwise, to the extent that the personal information is handled within the scope of the purposes of use applicable prior to such succession.
Disclaimer concerning the provision of personal information to third parties

RECRUIT will not be responsible for the acquisition of personal information by a third party where any of the following applies:

A. A User indicates his/her own personal information to a specific company, using any function under the Services or by other means (As for the handling of personal information in the Service Using Companies, etc., please directly make inquiries to each of the Service Using Companies, etc.);

B. A User is unexpectedly identified by any activities or other information entered by the User under the Services;

C. A User provides personal information to, and the User’s personal information is used at, an external site linked by the Services; or

D. Anyone other than a User obtains the User’s information (ID, password, etc.) which can identify the User as an individual.
Outsourcing of personal information processing

RECRUIT may outsource personal information handling work in part or in whole. RECRUIT shall be responsible for the handling of personal information by the party to which such work is outsourced.
Use of statistically-processed data

RECRUIT may, based on personal information provided to it, create statistical data which shall be processed in a manner that cannot identify any individual. RECRUIT may, without restriction, use such statistical data that cannot indentify individuals.
Modifications, etc. to personal information

As a general rule, only the User himself/herself can request notification regarding the “purposes of use of the personal information,” or any disclosure or correction of, addition to, deletion or suspension of his/her registered personal information, or the provision thereof to third parties (“Modification, etc., of Personal Information”). For specific methods, please refer to the following contact person in charge of personal information management. However, RECRUIT may not agree to comply with a request for the Modification, etc., of Personal Information where any of the following applies:

A. The Modification, etc., of Personal Information is likely to cause damage to the life, limb, property or other rights or interests of the User or any third party;

B. The Modification, etc., of Personal Information is likely to considerably hinder the proper performance of the Services; or

C. The Modification, etc., of Personal Information would constitute a violation of any other laws or regulations.

Furthermore, RECRUIT may not agree to comply with a request for the Modification, etc., of Personal Information if such Modification, etc., of Personal Information requires excessive cost, or if the performance of such Modification, etc., of Personal Information is otherwise difficult, and instead RECRUIT ensures that necessary alternative measures shall be taken for the protection of the rights and interests of the User.
Accuracy of personal information

RECRUIT shall make efforts to accurately data process the personal information provided to it. However, Users shall be responsible for ensuring that the personal information they provide is accurate and up-to-date. Restrictions on acquisition of sensitive personal information

RECRUIT, as a general rule, shall not obtain any User’s personal information which contains any of the following information, unless the personal information has been provided by the User himself/herself:

A. Information relating to personal philosophy, belief or religion;

B. Information relating to race, ethnic background, family background, domicile (except for information on the prefecture where the User is located), physical or mental disability or criminal record or other matters that may cause social discrimination;

C. Information relating to the right to organize, or any acts of collective bargaining or other collective actions as a worker;

D. Information relating to participation in acts of mass demonstration, exercise of petition rights or other political rights; or

E. Information relating to health and medical conditions or sex life.
Identification

In the event of a membership registration for each web service, or the use of the Services by a member, or RECRUIT’s response to a User’s request for the disclosure, correction, deletion, or suspension of use of such User’s personal information, etc, RECRUIT shall verify the relevant individual’s identity based on information that can identify such individual (i.e., name, address, telephone number, date of birth, e-mail address, member ID number, password, etc.). However, RECRUIT shall not be responsible in the event of any third party obtaining and using information that can identify the relevant individual.
Acquisition or use of attribute information, terminal information, location information and action history records, etc.
Cookies, etc., among the attribute information, terminal information, location information and action history records, etc. (“Action History Records, etc.”):

RECRUIT uses Cookies for User privacy protection, increased convenience, distribution of advertisements, and acquisition of statistical data. In addition, RECRUIT may obtain, using Cookies, JavaScript and other technology, attribute information such as age, gender, occupation and residential area, etc., which cannot identify the individual (limited to those attributes which cannot identify the individual by a combination thereof), as well as Users’ action history records within the website of the Services (such as URLs and content accessed and the order in which such URLs and content were viewed) as well as location information based on Users’ consent/application at the time of use of smart phones, etc., among the information provided by the User. However, no personal information shall be included in the Cookies or Action History Records, etc. In addition, the Services use action targeting advertisement services in order to distribute appropriate advertisements to Users.
Access logs, etc., among Action History Records, etc., in the following case:

When a User uses the Services by logging into the same, RECRUIT may, upon identifying the identity of such User, distribute/display advertisements, contents, etc., and provide the Services by way of using the Action History Records, etc., prior to such log-in by the User. To unsubscribe from such advertisements, etc., please contact the person responsible for management of the personal information, specified below.
Person responsible for the management of personal information

Recruit Holdings Co., Ltd.
Corporate Executive Officer
Masumi Minegishi

For any inquiries concerning personal information, please contact us.
support@mtl.recruit.co.jp
Modifications to Privacy Policy

Unless otherwise prescribed in laws and regulations, etc., RECRUIT shall be entitled to modify this Privacy Policy from time to time.

More Information

Our addresses, email etc...

  • Hulic Ginza 7 Chome Bldg. 3F, 7-3-5, Ginza, Chuo, Tokyo, JAPAN 104-8227
  • info@brain-portal.net

You are welcome !