For Companies Considering Recruiting Global Talent

For Job Seekers 日本語 日本語

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

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


Chapter 1: General Provisions

Article 1: Basic Principles of “Human Global Talent Co., Ltd.-Recruiting Company Membership”

Human Global Talent (as defined in Article 2 (1)) shall operate the Service in compliance with the following corporate philosophy. The Member Company (as defined in Article 2 (2)) shall use the Service based on an understanding of and consent to this corporate philosophy.

  1. We have an aim of contributing to society through our work to assist with providing opportunities to Users to change jobs or change occupations (as defined in Article 2 (6));
  2. We shall respect the intention of Users and endeavor to fulfil their confidence in us; and
  3. We shall follow a code of behavior in which we abide by laws and regulations and shall not deviate from social norms or social ethics.

Article 2: Definitions

The words and terms used herein shall be defined as follows:

  1. “Human Global Talent” shall mean Human Global Talent Co., Ltd.
  2. “Member Company (ies)” shall mean any corporation which has executed a Recruiting Company Membership Agreement with Human Global Talent. “Member Companies” may include an individual operating a business that is recognized by Human Global Talent.
  3. “Recruiting Company Membership Agreement” shall mean an agreement executed between Human Global Talent and the Member Company, for the use of the Service.
  4. “Applying Company” shall mean a company which wishes to execute a Recruiting Company Membership Agreement.
  5. “Terms of Application” shall mean the terms stated or filled in when applying for a Recruiting Company Membership Agreement, including specific descriptions of the service, the agreement term and fees etc.
  6. “Users” shall mean those users of the website such as job-seekers who use the Service of Human Global Talent for job-seeking activities, collecting Job Information, browsing the contents or the like.
  7. “Websites” shall mean the websites (www.daijob.com, workingabroad.daijob.com etc.) operated by Human Global Talent.
  8. “Service” shall collectively mean the use of Job Information (as defined in Article 9 in these Terms), job advertisements, listing of advertisements, use of scout/recruit functions and other services which are provided by Human Global Talent through the Websites and/or email.
  9. “Job Information” shall mean information pertaining to emplacement placement opportunities provided by Member Companies.
  10. “Job-Listing Company” shall mean a Member Company which executes a Recruiting Company Membership Agreement and lists and distributes Job Information through the Service.

Article 3: Scope of Application

  1. These Terms apply to the use of the Service by Member Companies.
    The “Provision on Job Information Listing in Human Global Talent” and “Provision on Payment of Fees” (separately provided outside these Terms) shall be incorporated into the Terms.
  2. The Applying Company shall be deemed to have executed the Recruiting Company Membership Agreement with Human Global Talent and to be bound by the conditions of the Recruiting Company Membership Agreement as of the date stipulated in Article 5 of these Terms.
  3. The Service shall be administered in accordance with the laws of Japan as the country of administration; it shall not be guaranteed that the Service shall be compatible with any other countries or regions outside Japan. The Member Company shall be obliged to adhere to the law of the country or region applicable to the Member Company as its own responsibility when accessing the Websites and using the Service.

Chapter 2: Recruiting Company Membership Agreement

Article 4: Requirements for the Execution of the Recruiting Company Membership Agreement

An Applying Company shall be required to meet the following requirements for the execution of the Recruiting Company Membership Agreement. In addition, Human Global Talent may in some cases require a Member Company or Applying Company to present relevant documents or respond to survey items, in order to confirm such requirements. Human Global Talent may in some cases refuse to execute a Membership Agreement or to list Job Information based on the results of such a survey.

  1. The Applying Company shall consent to the Terms and “Provision on Job Information Listing in Human Global Talent”;
  2. There shall be no false statements in the matters reported by the Applying Company to Human Global Talent;
  3. If the business operated by the Applying Company is required to receive authorization from or registration with the competent authorities, the Applying Company shall have acquired such authorization or completed such registration;
  4. The content of the business or the business methods of the Applying Company shall not violate any relevant laws or regulations of the same industry;
  5. The Applying Company shall consent to the “Privacy Policy” separately provided by Human Global Talent, or shall execute a written document that corresponds to such a document as necessary;
  6. The Applying Company shall provide the Job Information in accordance with the “Provision on Job Information Listing in Human Global Talent” as separately provided by Human Global Talent;
  7. The Applying Company shall not constitute an antisocial force, nor shall it possess connections with antisocial forces or with those considered reprehensible by society; and
  8. Human Global Talent shall not deem the execution of the Recruiting Company Membership Agreement with the Applying Company in question to be inappropriate.

Article 5: Authorization and Formation of the Recruiting Company Membership Agreement

The Recruiting Company Membership Agreement with the Applying Company shall become effective upon the fulfillment of all of the following conditions:

  1. The Applying Company meets all of the requirements set forth in Article 4;
  2. Human Global Talent deems the execution of the Recruiting Company Membership Agreement with the Applying Company to be appropriate after conducting a review; and
  3. Human Global Talent has agreed to the application in question after receiving the application from the Applying Company by methods stipulated by Human Global Talent. In addition, if Human Global Talent has notified the Member Company of the IDs/passwords described in Article 14, or has listed on the Websites the Job Information of a Member Company which has applied, it shall be deemed that Human Global Talent has authorized the Recruiting Company Membership Agreement.

Article 6: Formation of a Recruiting Company Membership Agreement in Exceptional Cases

Notwithstanding the preceding article, when the Applying Company corresponds to any of the following items a Recruiting Company Membership Agreement shall become effective only in circumstances recognized by Human Global Talent as exceptional cases. In such cases, the provisos of Article 3 above shall apply to the agreement to supply the Service.

  1. An employment agency for which the authorization of the Minister of Health, Labor and Welfare is to be granted; or
  2. An overseas employment agency

Article 7: Reasons for Refusal to Execute Recruiting Company Membership Agreement

Human Global Talent may refuse to execute a Recruiting Company Membership Agreement with an Applying Company if the Applying Company corresponds to any one of the following items:

  1. If the Applying Company uses the Service for any purpose other than recruitment activities, or if Human Global Talent deems that there is a risk of such use arising;
  2. If the Applying Company has not obtained authorization or been issued a license from the competent authorities, or if such authorization or license has expired, for cases corresponding to any of the items listed below:
    1. If the Applying Company executes a Recruiting Company Membership Agreement with Human Global Talent with the intention of conducting business as an employment agency, providing that, if the Applying Company is an employment agency for which authorization of an competent authority is to be granted or is an overseas employment agency, this shall fall under the provisions of Article 6;
    2. If the Applying Company executes a Recruiting Company Membership Agreement with Human Global Talent with the intention of conducting business as a worker dispatch agency;
    3. If the Applying Company executes a Recruiting Company Membership Agreement with Human Global Talent with the plan of conducting business related to temporary-to-permanent employment placement.
  3. If it is revealed that the Applying Company has made a false statement to Human Global Talent in connection with the execution of the Recruiting Company Membership Agreement;
  4. If the Applying Company acts in a manner prohibited by the Terms or “Provision on Job Information Listing on Daijob.com,” which is separately provided by Human Global Talent, or if Human Global Talent deems that there is a risk of this arising;
  5. If the Applying Company has in the past caused any trouble, complaint or any other dispute with Human Global Talent, Users or any other third party, and Human Global Talent deems that there is a risk of recurrence;
  6. If Human Global Talent deems that there is a possibility of management uncertainty on the part of the Applying Company;
  7. If it is revealed that the Applying Company constitutes an antisocial force, or possesses connections with antisocial forces or with those considered reprehensible by society; or
  8. If Human Global Talent deems the execution of the Recruiting Company Membership Agreement with the Applying Company to be inappropriate for any other reason.

Article 8: Repayment of Fees Following Non-Establishment of a Recruiting Company Membership Agreement

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

Article 9: Expiration Date of the Recruiting Company Membership Agreement

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

Chapter 3: Use of the Service

Article 10: Commencement of the Service

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

Article 11: Service Fees

  1. Based on the Price List separately provided by Human Global Talent, the amount of the service fees (hereinafter referred to as the “Fees”) shall be as defined in the Terms of Application.
    Payment shall be made in accordance with the payment date stipulated in the Terms of Application. All expenses required for the payment of the Fees including bank transfer fees and remittance charges shall be borne by the Member Company.
  2. Payment shall be made in Japanese Yen, and payment in foreign currency is not accepted. However, in the case of performance-based fees calculated in foreign currency, the fee shall be converted to Japanese Yen based on the foreign exchange rate published by Mitsubishi UFJ Research & Consulting Co., Ltd. on the last day of the corresponding month in which the fee occurrence is determined.
  3. The remittance and transfer of fees shall be made from the financial institution account under the corporate name stated in the Employer Membership/Service Application Form for billing and payment information. Remittance and transfer from accounts other than the designated account are not permitted.

Article 12: Application for Additional Services

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

Article 13: Late Payment Charges

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

Chapter 4: Responsibilities and Prohibitions for Member Companies

第14条 ログイン情報の管理

Article 14: Administration of Login Information

  1. The Member Company shall appropriately manage Login Information as its own responsibility.
  2. The use of the Service after logging in with the Member Company’s Login Information shall be deemed to be use by the Member Company in question, and Member Company shall be responsible for all matters related to such use.
  3. If a third party other than the Member Company, such as a party to which use of the Service has been consigned by the Member Company, uses the Login Information, all necessary information concerning the third party in question (such as the name) shall be notified to Human Global Talent and the approval of Human Global Talent shall be obtained before the third party in question starts to use the Service. The Member Company in question shall execute a memorandum of understanding or the like imposing the same level of confidentiality obligations as the “Memorandum on Protection of Personal Information” with the third party in question, with the purpose of protecting personal information. The Member Company shall be responsible for all acts carried out by the third party, shall exempt Human Global Talent from all responsibility for any damages whatsoever arising through the actions of the third party in question, and shall indemnify Human Global Talent for any such damages.
  4. The Member Company shall not permit any third party other than a third party such as that stipulated in the preceding clause to use the Login Information, and is prohibited from transferring, selling, purchasing/selling or leasing Login Information to a third party, or intending to do the same. Furthermore, the Member Company is also prohibited from attempting to commit any of the above acts.
  5. Human Global Talent shall bear no responsibility for any damages whatsoever incurred by a Member Company or a third party due to error on the part of the Member Company in connection with the use of the Service or misuse of Login Information of the Member Company by the third party. The Member Company shall indemnify Human Global Talent for all damages if Human Global Talent suffers any damages, including consequential damage, arising out of such misuse.

Article 15: Administration of Personal Information

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

Article 16: Administration of Data

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

Article 17: Prohibitions

The purpose of Human Global Talent shall be to assist Users with job-seeking activities and provide support to employers with finding appropriate personnel. Any Member Companies are prohibited from any acts that intentionally interfere with such purposes. Human Global Talent may independently define the acts of interference stipulated in this Article. The prohibited acts for Member Companies include, but are not limited to, the following. If Human Global Talent deems an act of a Member Company to correspond to a prohibited act, Human Global Talent may, without any notification or advice to the Member Company in question, delete the applicable information and suspend the provision of the Service until such time as the prohibited act is remedied, or cancel the Recruiting Company Membership Agreement with the Member Company.

  1. Any acts which are against the basic principles of Human Global Talent-Recruiting Company Membership as stipulated in Article 1;
  2. Any acts listing or providing any information other than Job Information; in addition, acts in which the Member Company lists/provides information which does not assist the job-seeking activities of Users;
  3. Any acts which are against the “Provision on Job Information Listing in Human Global Talent” separately provided by Human Global Talent;
  4. Any acts registering, listing or providing false information;
  5. Any acts against the law or regulations, whether intentional or by negligence;
  6. Any acts infringing copyrights, trademark rights, rights of privacy, portrait rights, credit, assets or any other rights holding personal or proprietary value for a third party;
  7. Any acts discriminating against or libeling Human Global Talent, Users or any other third party, or defaming the character or credit of such parties;
  8. Any acts disrupting social ethics or public order and morals, or any acts that are deemed by Human Global Talent to pose a risk of such disruption;
  9. Any antisocial acts;
  10. Any acts impeding the operation of Human Global Talent or defaming the credit of Human Global Talent, or any acts that are deemed by Human Global Talent to pose a risk of such impedance;
  11. Any acts duplicating, selling, publishing or using the information obtained through the Service of Human Global Talent beyond the scope of recruiting/job-seeking activities
  12. Any acts analyzing or damaging the system identification or security system of Human Global Talent without legitimate right, or any attempt of such acts;
  13. Any acts which overload Human Global Talent’s Service, host computer or network, transmitting emails containing viruses, acts which are deemed to pose a risk of potential destruction of the system, or any attempt of such acts; or
  14. Any acts accessing the non-public data or accounts of Users registered at Daijob.com without legitimate right, or any attempt of such acts.

Chapter 5: Cancellation of the Agreement

Article 18: Cancellation of the Recruiting Company Membership Agreement by the Member Company

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

Article 19: Cancellation of the Recruiting Company Membership Agreement by Human Global Talent

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

Chapter 6: Suspension of Use of the Service

Article 20: Cancellation or Suspension of Use of the Service

Human Global Talent may cancel or temporarily suspend (the use of) the Service, in whole or in part, due to any of the following reasons. In the event of any of these reasons, Human Global Talent Human Global Talent may determine such cancellation or temporary suspension, in whole or in part, at the discretion of Human Global Talent itself. In the event that Human Global Talent cancels or temporarily suspends the use of the Service due to such reasons as described below, Human Global Talent shall notify the date and time of such cancellation or suspension, if practicable, in advance. However, this does not apply in cases where Human Global Talent is forced to cancel or temporarily suspend services urgently.

  1. If the operation of the Service becomes impossible due to force majeure such as fire, electric power outage, natural disaster or sabotage by a third party;
  2. If the Service is suspended due to accidents involving the computers, communication cables and the like;
  3. If there is damage caused by viruses which cannot be prevented by ordinary antiviral protection measures;
  4. If website pages are not displayed due to server problems, or if any other emergency situation arises, or when there is a risk of such a situation arising;
  5. If an inspection or maintenance for facilities in connection with the Service is being conducted, either regularly or as a matter of urgency;
  6. If the Service cannot be provided due to abnormalities, malfunctions, interruptions or other reasons relating to the facilities installed and/or managed by Human Global Talent and a third party; or
  7. Any other cases where Human Global Talent deems such suspension or interruption of the Service necessary.

Article 21: Extension due to Cancellation or Suspension of Use of the Service

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

Article 22: Exemption from Obligation

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

Article 23: Suspension of the Member Company’s Use of the Service

  1. Human Global Talent may suspend the use of Service or the use of Login Information (i.e. user name and password) used for the Service’s maintenance screen by a Member Company without any responsibility on its part, if the Member Company in question corresponds to any of the following items. In addition, Human Global Talent may cancel the Recruiting Company Membership Agreement if the reason set out below is not remedied within a reasonable period of time.
    1. If it is revealed that the Member Company has made a false statement to Human Global Talent in connection with the Recruiting Company Membership Agreement;
    2. If any contents of the listing or information provided are false or violate any laws, or if there is a risk of this arising; if the Member Company fails to pay the Fees after the payment date has passed and in spite of receiving notifications issued by Human Global Talent;
    3. If any checks of the Member Company in question are dishonored;
    4. If a petition for seizure, provisional seizure, provisional disposition or auction is instituted against the Member Company in question, or the Member Company receives a disposition for failure to pay taxes or other disposition of any kind by public authorities;
    5. If the Member Company files for bankruptcy, corporate reorganization or civil rehabilitation, or goes into liquidation;
    6. If the Member Company intends to dissolve or transfer the whole or material part of its business to a third party;
    7. If the Member Company receives an order to discontinue or suspend its business by the competent authorities, or intends to change or close its business; or
    8. If the Member Company significantly violates any other obligations under these Terms, or when there is a risk of this arising;
  2. Even in the event that the use of the Service or the Login Information on the Service’s maintenance screen is suspended based on the provisions of the preceding clause, the Member Company shall not be exempt from the obligation to pay the Fees until such time as the Recruiting Company Membership Agreement is canceled unless otherwise provided, based on the provisions of Article 19 or this Article.

Chapter 7: General Provisions

Article 24: Modifications or Additions to or Abolition of the Service

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

Article 25: Copyrights, Intellectual Property Rights and other Property Rights

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

Article 26: Implementation of the Service by a Third Party

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

Article 27: Confidentiality Obligations

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

Article 28: Dispute Settlement and Indemnification

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

Article 29: Assignment of the Recruiting Company Membership Agreement

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

Article 30: Modifications of the Terms

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

Article 31: Language

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

Article 32: Governing Law and Jurisdiction

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

Article 33: Independence of the Provisions

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

Article 34: Consultations

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

Supplementary Provision

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

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