Terms of Use for General Users of Stepjob
Japanese version: Please check the terms of use here.These Terms of Use (hereinafter referred to as these “Terms”) apply to job seekers who use various services provided on the foreign talent matching site “Stepjob” (hereinafter referred to as the “Site”) operated by Pole To Win Co., Ltd. (hereinafter referred to as the “Company”). Separate from these Terms, various provisions separately stipulated within the Site (including, but not limited to, the Privacy Policy, help sections, and cautionary notes) shall each constitute a part of these Terms.
Article 1 (Definitions)
The meanings of the terms used in these Terms shall be as follows
(1) The Site: Refers to the foreign talent matching site “Stepjob” operated by the Company.
(2) The Service: Refers to various services (including recruitment services) provided by the Company on the Site.
(3) General User: Refers to a job seeker who uses the Service.
(4) Recruiting Company: Refers to a corporation or individual business owner considering hiring General Users through the Service. In cases involving “Specified Skilled Workers,” this shall include “Specified Skilled Worker Affiliated Organizations” or “Accepting Organizations” as defined in the Immigration Control and Refugee Recognition Act.
(5) Corporate User: Refers to a Recruiting Company or a recruitment agency that uses the Service.
Article 2 (The Service)
１1. The content of the Service provided by the Company shall be as follows. Furthermore, General Users shall acknowledge in advance that the Company may not be able to provide the Service depending on the General User’s experience, requests, and the status of job openings.
(1) A service allowing Corporate Users who use the Service to browse job information posted on the Site.
(2) A service allowing General Users to register or post their own profiles and other information on the Site for browsing by Corporate Users seeking to hire talent.
(3) Services related to employment support, such as job introductions from the Company to job seekers.
(4) Other services related or incidental to the preceding items.
Article 3 (Application for the Service and Formation of this Agreement)
1. Application for the Service is completed when a General User agrees to these Terms and the Privacy Policy separately established by the Company, fills in the required items on the prescribed application screen on the Site, and clicks to confirm the application (including clicking a “submit” button, etc.; the same shall apply hereinafter).2. Upon making the application set forth in Paragraph 1, the General User shall provide accurate personal information to the Company.
3. The Company shall conduct a screening regarding said application by the General User based on its own discretion, and may decline to accept the application if the Company deems it inappropriate.
4. The service utilization agreement (hereinafter referred to as the “Agreement”) shall be formed upon the issuance of a registration completion notice from the Company regarding the application mentioned in the preceding paragraph.
Article 4 (Amendment to these Terms)
1. The Company may amend these Terms without obtaining the consent of General Users within the scope of applicable laws and regulations. However, if substantial changes occur regarding the acquisition, purpose of use, or third-party provision of the General User’s personal information or sensitive personal information, the Company shall obtain the necessary consent from the General User in accordance with the law, separately from the consent to these Terms.2. Amended Terms shall become effective from the time the Company posts the details of the amendment and the effective date on the Site, or makes them known by other methods deemed appropriate by the Company.
3. If amendments to these Terms have a significant impact on General Users or include changes that are disadvantageous to General Users, the Company shall provide notice of the amendment details and the effective date in advance for a reasonable period.
4. If a General User uses the Service after these Terms have been amended, the General User shall be deemed to have agreed to the amended Terms at that point in time. In such cases, the amended Terms shall constitute a part of the Agreement, and the General User agrees to this in advance.
Article 5 (Termination of the Service, etc.)
1. The Company may terminate the provision of the Service at its own convenience.2. In the case of the preceding paragraph, the Company shall provide notice on the Site at least one month prior to the termination, and individual notice to each General User shall not be required.
3. The Company shall assume no liability whatsoever for any damages incurred by General Users or third parties resulting from the preceding two paragraphs.
Article 6 (Modification or Partial Suspension of the Service)
1. The Company may add to, modify, or partially suspend the content of the Service within the scope necessary to achieve the objectives of providing the Service. However, in the event of terminating the Service in its entirety, the provisions of Article ５ shall be followed.2. The Company may temporarily interrupt or suspend the provision of the Service in the following cases:
(1) When maintenance of the Company’s equipment necessary to maintain and provide the Service is performed, or when an unavoidable failure occurs.
(2) When a significant load or failure occurs in the Service, making normal provision of the service difficult, or when the Company determines it to be difficult.
(3) When the Company determines that General Users, third parties, etc., may suffer significant damage through the provision of the Service due to data tampering, hacking, or other causes.
(4) When the Service can no longer be provided due to force majeure, such as earthquakes, volcanic eruptions, floods, tsunamis, or other natural disasters, or fires, power outages, etc.
(5) In any other cases where the Company determines it necessary to suspend the provision of the Service.
3. In the cases of the preceding two paragraphs, the Company shall not be required to provide individual notice to General Users. However, if a modification based on Paragraph 1 causes significant disadvantage to General Users, the Company shall provide prior public notice or obtain consent.
4. The Company shall assume no liability whatsoever for any damages incurred by General Users or other third parties resulting from the preceding three paragraphs, except in cases attributable to the Company’s culpability.
Article 7 (Service Provision Period)
1. The utilization period of the Service shall be from the formation of the Agreement until the date the General User joins a Recruiting Company through the Service. However, if a login to the Service cannot be confirmed for a continuous period of three months or more, the General User’s service account shall be subject to deletion by the Company.2. When the Company deletes a General User’s service account pursuant to the proviso of the preceding paragraph, the Agreement between the Company and said General User shall terminate at that point.
3. The Company shall assume no liability whatsoever for any damages incurred by General Users or third parties resulting from the preceding two paragraphs.
Article 8 (Account and Password)
1. A unique account shall be issued to the General User after the formation of the Agreement.2. The account and password for logging into the Service and any other information required to access the Service (hereinafter collectively referred to as the “Service Account”) shall be strictly managed by the General User at their own responsibility, and the Company shall assume no liability for any and all actions performed using these credentials.
3. General Users shall not assign, lend, or otherwise allow third parties to use their Service Account, and shall not allow anyone other than themselves to use the Service using their Service Account.
4. Liability for damages arising from insufficient management of the Service Account, errors in use, use by third parties, etc., shall be borne by the General User, and the Company shall assume no liability whatsoever.
5. If a Service Account becomes known to a third party, or if there is a risk thereof, the General User shall immediately notify the Company to that effect.
Article 9 (Communication Expenses, etc.)
The General User shall bear all communication costs, packet charges, and other related communication expenses incurred through telecommunications carriers in connection with the use of the Service.Article 10 (Disclaimer of the Company)
1. In the event that the Company suspends, interrupts, or discontinues the Service in violation of these Terms, the Company shall be liable for compensation for direct and actual damages incurred by the General User up to a limit of 30,000 JPY. However, if there is intentional misconduct or gross negligence on the part of the Company, this upper limit provision shall not apply.2. The Company does not guarantee the accuracy or legality of company information, job seeker information, labor conditions, etc., provided in the Service, and General Users shall verify these at their own responsibility.
3. Any disputes arising in connection with the Service between General Users, or between General Users and third parties (Corporate Users, etc.), shall be resolved between the parties, and the Company shall not be involved in any way.
4. Any problems arising from information registered and disclosed by a General User themselves shall be resolved at the responsibility and expense of said General User.
5. Final decisions regarding the existence of residency status, verification of visa acquisition status, and eligibility for employment shall be made at the responsibility of the General User and the Recruiting Company; the Company shall not be involved in these matters and provides no guarantees whatsoever.
6. The Company provides no guarantees regarding the accuracy, exhaustiveness, or currency of any information posted on the Site, nor regarding the views, judgments, etc., of administrative agencies.
Article 11 (Prohibited Actions)
1. General Users shall not engage in any of the following actions in the use of the Site, the Service, and the Service Account:(1) Actions of copying or otherwise reproducing, duplicating, sending, assigning, distributing, circulating, reselling, or storing for the purpose of such use, any information provided by the Service (whether in whole or in part) without the prior written consent of the Company.
(2) Actions that violate these Terms.
(3) Actions that infringe upon the intellectual property rights of others.
(4) Actions that infringe upon the privacy of others.
(5) Actions that infringe upon the honor, credibility, etc., of others.
(6) Actions that are contrary to public order and morals.
(7) Actions that violate laws and regulations, criminal actions, and actions that aid such behaviors, or actions that pose a risk thereof.
(8) Actions of providing information that is contrary to the facts or information that is fictitious.
(9) Actions of providing information for the purpose of research or academic surveys.
(10) Actions of providing information for the purpose of commercial activities, religious activities, or political activities, except where specifically permitted by the Company.
(11) Actions that interfere with the Company’s operations or the operation of the Service.
(12) Actions that damage the Company’s credibility.
(13) Actions of distributing harmful programs such as computer viruses to servers managed by the Company, and actions equivalent to unauthorized access or cracking.
(14) Actions of reverse engineering, decompiling, disassembling, or otherwise modifying the Service and all software and programs used in connection with the Service.
(15) Actions of licensing or granting the right to use the Service to a third party, except where the Company has consented.
(16) Actions of using another person’s Service Account without their permission.
(17) Actions that are understood as socially inappropriate behavior.
(18) Actions of using the Service for purposes different from the original intent and purpose of the provision of the Service in light of said intent.
(19) Any other actions deemed inappropriate by the Company.
2. In the event that a General User falls under any of the items in the preceding paragraph, the Company may suspend the use of the Service and the Service Account by the General User, and take any other measures deemed necessary by the Company.
3. The Company shall assume no liability whatsoever for any damages arising from the measures taken in the preceding paragraph.
Article 12 (Withdrawal and Expulsion)
1. General Users shall be free to withdraw from the Site. Withdrawal procedures shall be performed by the General User themselves on the Site.2. If the Company determines that a General User is in violation of these Terms, the Company may expel said General User from the Site or process the suspension of said General User’s Service Account without prior notice.
3. The Company shall assume no liability whatsoever for any damages incurred by said General User or third parties resulting from the preceding paragraph.
Article 13 (Termination of Agreement)
1. The Company may terminate the Agreement without any prior demand if a General User falls under any of the following items. In such cases, the Company may take measures deemed necessary by the Company, such as suspending or deleting the Service Account of said user.(1) Violation of any provision of these Terms.
(2) Interference with the operation of the Service.
(3) Making undue demands against the Company using violence, force, etc., either personally or through a third party.
(4) Failure to establish contact with the Company for a long period of time.
(5) Discovery of falsehoods in registration information, declared information, posted information, transmitted information, or any other information.
(6) Concealment of facts from the Company, regardless of whether intentional or negligent.
(7) Other cases equivalent to the preceding items.
2. In the event that the Agreement is terminated, the Service Account, data registered by the General User, files, and all other information shall not be used or viewed thereafter, and the General User agrees to this in advance.
Article 14 (Exclusion of Anti-Social Forces)
1. The Company and the General User shall each represent and warrant to the other party the following matters:(1) That they are not an organized crime group, a company related to an organized crime group, a corporate racketeer (sokaiya), or any equivalent person or member thereof (hereinafter collectively referred to as “Anti-Social Forces”).
(2) That their officers (referring to directors, executive officers, corporate officers, auditors, or equivalent persons) are not Anti-Social Forces
(3) That they are not entering into this Agreement by allowing Anti-Social Forces to use their name.
(4) That they will not engage in the following acts regarding this Agreement, either personally or through a third party:
(a) Acts using threatening words or deeds, or violence against the other party.
(b) Acts using fraudulent means or force to obstruct the other party’s business or damage their credibility.
2. The Company and the General User may terminate the Agreement without any demand to the other party if the other party falls under any of the following:
(1) If it is found that a representation was made in violation of the warranty in items (1) or (2) of the preceding paragraph.
(2) If it is found that the agreement was entered into in violation of the warranty in item (3) of the preceding paragraph.
(3) If an act was committed in violation of the warranty in item (4) of the preceding paragraph.
3. If the Agreement is terminated pursuant to the provisions of the preceding paragraph, the party against whom the Agreement was terminated shall compensate the other party for any damages suffered by the other party as a result.
4. If the Agreement is terminated pursuant to the provisions of Paragraph 2, the party against whom the Agreement was terminated shall not be entitled to make any claims against the other party for damages arising from said termination.
Article 15 (Damages)
If a General User violates this Agreement and causes damage to the Company or a third party, the General User shall be liable to compensate the Company or the third party for such damage.Article 16 (Purpose of Use for Personal Information and Sensitive Personal Information)
The Company shall appropriately handle the personal information of General Users (including information that has been replaced or processed by hashing or other methods; the same shall apply hereinafter) and sensitive personal information within the scope of the following purposes of use, and General Users shall consent to this in advance:(1) Various communications to General Users.
(2) Management of General Users’ selection status.
(3) Management of General Users’ selection results.
(4) Various communications and status management after a General User receives an informal job offer.
(5) Employment management after the hiring decision.
(6) Providing information to Recruiting Companies, regardless of whether a job opening exists, such as work history and requests/constraints regarding employment conditions (including those based on religious beliefs), for the purpose of considering recruitment selection or interview opportunities.
(7) Various communications from Recruiting Companies regarding recruitment.
Article 17 (Third-Party Provision and Entrustment of Personal Information, etc.)
1. The Company will not provide personal information to third parties without obtaining the prior consent of the General User, except in any of the following cases:(1) When based on laws and regulations.
(2) When it is necessary for the protection of a person’s life, body, or property, and it is difficult to obtain the consent of the individual.
(3) When it is particularly necessary for the improvement of public health or the promotion of the sound growth of children, and it is difficult to obtain the consent of the individual.
(4) When it is necessary to cooperate with a national agency, a local government, or an entity entrusted by them in performing affairs prescribed by laws and regulations, and obtaining the consent of the individual is likely to impede the performance of such affairs.
2. The Company may entrust the handling of personal information to other business operators within the scope necessary to achieve the purposes of use stipulated in the preceding Article. In such cases, the Company shall select an entrustee with a well-established personal information protection system, conclude a contract regarding the protection of personal information with the entrustee, and exercise necessary and appropriate supervision, such as imposing obligations on the entrustee equivalent to those borne by the Company.
3. In the event that the Company transfers the business related to the Service to another party, the Company may transfer its status under this Agreement, the rights and obligations based on these Terms, and the information of General Users to the assignee of said business transfer, and General Users shall consent to such transfer in advance. Furthermore, the business transfer stipulated in this paragraph shall include not only ordinary business transfers but also mergers, company splits, and any other cases of organizational restructuring or business transfer.
Article 18 (Sensitive Personal Information)
1. In providing the Service, if the Company acquires or provides to a third party a General User’s race, creed, social status, medical history, criminal record, or other sensitive personal information, the Company shall obtain the individual’s prior consent, except where consent is deemed unnecessary under laws and regulations.2. If a General User, of their own volition, enters, transmits, or discloses sensitive personal information such as religious beliefs (matters for consideration regarding worship, etc.), physical characteristics, or medical history on the Site (including profile sections, free-text fields, or message functions, etc.), the General User shall be deemed to have individually consented to the Company’s acquisition of said information and its provision to third parties such as Recruiting Companies.
3. The Company will not handle sensitive personal information acquired based on the preceding two paragraphs beyond the scope necessary to achieve the purposes of use stipulated in Article 16.
Article 19 (Confidential Information)
If a General User acquires information that should be kept confidential (including, but not limited to, personal information and the Company’s technical or business secrets; hereinafter referred to as “Confidential Information”) from another General User or the Company through the use of the Site and the Service, the General User shall not use such information for any purpose other than the use of the Site and the Service, and shall not disclose it to a third party without the prior consent of the other party.Article 20 (Intellectual Property Rights, etc.)
1. Trademark rights, patent rights, and other intellectual property rights (hereinafter referred to as “Intellectual Property Rights, etc.”; however, excluding copyrights) related to all content included in the Site and the Service shall belong to the Company, and General Users shall not acquire these rights through these Terms or this Agreement.2. Copyrights (including the rights under Articles 27 and 28 of the Copyright Act; the same shall apply hereinafter) regarding content posted or submitted by General Users through the Service shall belong to the Company, and General Users shall not exercise moral rights of authorship regarding the exercise of copyrights by the Company.
3. Notwithstanding the preceding two paragraphs, the Company shall permit General Users to use their own Service Accounts to edit their own posted information and submitted content.
Article 21 (Prohibition of Assignment)
General Users shall not assign, transfer, or provide as collateral to a third party, in whole or in part, their status under this Agreement or the rights and obligations arising from this Agreement without the prior written consent of the Company.Article 22 (Severability)
Even if a portion of these Terms is rendered invalid by laws and regulations or a final judgment, the remaining provisions shall continue to be in full force and effect.Article 23 (Governing Law)
The validity, interpretation, and performance of each clause stipulated in these Terms shall be governed by the laws of Japan and shall be interpreted and applied in accordance with the laws of Japan.Article 24 (Exclusive Jurisdiction)
Any and all disputes regarding these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.Article 25 (Amicable Resolution)
If any doubt arises regarding the interpretation of these Terms, or if a dispute arises regarding matters not stipulated in these Terms, the Company and the General User shall consult in good faith and endeavor to resolve the matter amicably.