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MUSUBEE Service Terms of Use

MUSUBEE Service Terms of Use

Please read the following Terms and Conditions carefully before using our service.

　This agreement (hereinafter referred to as “the Agreement”) shall apply between MUSUBEE, Inc. (hereinafter referred to as “MUSUBEE”) and recruitment companies (hereinafter referred to as “Company Users”) and job seekers (hereinafter referred to as “General Users”) using the MUSUBEE Service provided by MUSUBEE.

　MUSUBEE Service (hereinafter referred to as “the Service”) is the common name of services and programs provided by MUSUBEE. The Service includes 1) functions that allow Company Users and General Users (hereinafter collectively referred to as “Users”) to browse, scout or enter job offer items or job hunting items listed in the website managed by MUSUBEE, and 2) the provision of all information accompanying such functions. 

　Users must use the Service based on the Agreement. When an application is received to use the Service, it shall be taken that the Users agree to the content of the Agreement and have entered into a contract based on the Agreement (hereinafter referred to as “the Service Contract”).

Article 1 Agreement over the terms of use

  1. MUSUBEE requires Users’ consent to the following Agreement. Users are required to use the Service according to the Agreement.

Article 2 Modification of the Agreement

  1. MUSUBEE may change the content of the Agreement without the permission of Users. If MUSUBEE makes a change to the Agreement, it shall inform Users through an appropriate method in advance. However, in the case of minor changes, MUSUBEE is not obligated to notify Users. Users agree to the changes in the Agreement by continuing using the Service after the modification of the Agreement. If Users do not agree with the changes, Users need to cancel the Service and stop using the Service before applying the changes.

Article 3 Change of the Service

  1. MUSUBEE may perform the following actions to improve the function of the Service.
  1. Addition or deletion of functions operated by the Service
  2. Stopping or deleting the entire system or some functions of the Service

Article 4 Privacy Protection

  1.  MUSUBEE will securely manage and protect the information registered on the Service.
  2.  Personal information data distributed on the Service will be handled according to our privacy policy.

Article 5 Copyright Protection

  1. All contents that constitutes the implementation environment of the Service, such as programs, software, services, procedures, text, drawings, documents, trademark, trade name, and all other intellectual property rights, including copyright is the property of MUSUBEE, and protected by copyright laws or other laws of Japan. Therefore, Users must treat them as any other work.
  2. The intellectual property right for each content accessed and displayed and used from the Service is the property of each content provider, and is protected by copyright laws and other intellectual property laws and treaties of Japan.

Article 6 Disclaimers

  1.  MUSUBEE shall bear responsibility only for direct and normal damages actually suffered by Users. It shall bear absolutely no responsibility for any other damages that arise beside those.
  2. MUSUBEE may perform a scheduled suspension of the Service’s system in order to add, delete or improve functions, but it shall not be liable for any damages suffered by Users and third parties for suspending or not being able to suspend the Service.
  3. MUSUBEE does not guarantee Company Users’ corporate information and job advertisement details submitted to the Service, as well as the accuracy of General Users’ registration profiles. Accordingly, MUSUBEE shall not be liable for any losses suffered by Users and third parties due to using the Service’s information. 
  4. MUSUBEE shall not be liable for any problems between Users and third parties arising after matching is established under the Service (hereinafter referred to as “Employment Decision”).
  5. MUSUBEE shall not bear any responsibility for General Users’ residence qualification, visa status or application.  

Article 7 Prohibited items

  1. Users must not take the following action when using the ID, password to login to the Service or other information required to access the Service (hereinafter collectively referred to as “Service Account”). If Users take the said action, use of the Service and Service Account shall be suspended and other measures that MUSUBEE deems necessary may be taken.
  1. Authorize or grant right to use the Service to a third party unless agreed by MUSUBEE
  2. Reproduce, distribute or loan Service Account to anyone other than Users or send, lease or establish Service Account as collateral to a third party
  3. Acts that enable the template program to be reproduced, modified, distributed, publicly or privately transmitted in excess of one’s own scope of use  
  4. Amend, translate, change, remodel, analyze documents and programs relating to the Service
  5. Acts that create and distribute a derivative service without the approval of MUSUBEE
  6. Acts that damage the assets, discredit or tarnish the reputation of other Users or third parties, and acts that infringe upon rights to privacy, portrait rights, intellectual property rights and other rights
  7. Acts that inflict or may inflict losses or damages on MUSUBEE or a third party
  8. Acts that are contrary to public order or morality
  9. Acts that violate laws or regulations or criminal acts or acts that assist or may assist such acts
  10. Phishing to impersonate the website of MUSUBEE, other Users or a third party
  11. Register or provide information or data containing harmful software
  12. Using the Service’s communication function to send vast amounts of data or to indiscriminately send data to an unspecified number of people
  13. Using functions other than the Service’s communication function to exchange messages with Users
  14. Acts that obstruct or may obstruct the management of the Service or other services provided by MUSUBEE 
  15. Provide false or inaccurate information
  16. Other acts deemed inappropriate by MUSUBEE
  1. MUSUBEE shall not be liable for any losses arising from taking measures to stop any of the acts mentioned in the previous section. 

Article 8 Consignment

  1. MUSUBEE shall be able to outsource all or part of the business related to the provision of the Service by imposing the same obligation as MUSUBEE’s duty under the Agreement, and Users shall consent in advance.
  2. If MUSUBEE transfers the business related to the Service to another company, the status of the Agreement, rights and obligations based on the Agreement, and User Information can be transferred to the assignee of the business transfer by MUSUBEE. Users shall have previously agreed to such transfer. The business transfer set forth in this section shall include not only ordinary business transfer, but also any union split or any other case where the business is transferred.

Article 9 Service charge and use time　

  1. MUSUBEE shall set a service charge for use of the Service in accordance with separately shown charges and conditions of payment.
  2. When changing the service charge, the separately shown service charge and conditions of payment shall be updated and notified to Users.
  3. Communication expenses and packet charges or other communication-related expenses incurred by communication carriers when using the Service are not included in the service charge. Users must pay communication carriers themselves.
  4. The service usage period is from the time when the start notification is given until the end notification is given. However, accounts of Users who have not logged into the Service for more than three months after registration will be subject to account deletion by MUSUBEE.
  5. Users may pay the service charge to MUSUBEE by the separately specified payment method. If payment is not made by the deadline date, a delay charge of 14.6% per annum shall be charged from the payment deadline date until the date when payment is made.
  6. Unless otherwise provided for, paid service charge shall not be reimbursed.
  7. When purchasing the Service from a legitimate sales agency specified by MUSUBEE, the agency’s presented list of charges shall take precedence if those charges differ to those in this article.
  8. If Company Users wish to employ General Users recruited through the Service on a part-time basis before starting employment (hereinafter “Part-time Employment Before Joining a Company”), MUSUBEE shall establish a service charge for the Part-time Employment Before Joining a Company according to the charges and payment conditions set forth in the “Memorandum of Understanding on Part-time Employment Before Joining a Company.”
  9. In the event Company Users wish to utilize Part-time Employment Before Joining a Company, it shall notify MUSUBEE by e-mail or the person in charge by telephone in advance. Part-time employment without permission shall be strictly prohibited. If part-time employment is utilized without permission, the said Company Users shall pay the expected payment amount to MUSUBEE.

Article 10 License

  1. The issued Service Account shall be managed individually and must not be leaked to third parties.
  2. If the Service Account is leaked to a third party, that fact must be immediately communicated to MUSUBEE. In such a case, measures shall be taken to terminate the said Service Account and a new Service Account shall be issued.
  3. MUSUBEE shall not be liable for any losses arising from leaking Service Account information to a third party.

Article 11 Services

  1. The quality assurance is as follows.
  1. The service provision time is fundamentally 6:00 (JST) to 24:00 (JST) 365 days except for maintenance time.
  2. Users are required to maintain the terminal equipment settings and operating environment conditions required to use the Service in accordance with the recommended environment defined by MUSUBEE. MUSUBEE will not be liable for any problems that occur in terminals or usage environments not covered by the Service.
  1. MUSUBEE may suspend the Service under the following conditions.
  1. When maintenance of MUSUBEE’s facilities is required to maintain and provide the Service, and in the event of an unavoidable failure
  2. When a significant load or failure occurs in the Service, and it is difficult for MUSUBEE to provide normal services, or MUSUBEE’s facilities judge that it is difficult
  3. When MUSUBEE determines that Users, third parties, etc. may suffer significant damage by providing the Service such as data tampering or hacking
  4. When MUSUBEE can not offer the Service by fire, blackouts not to return to MUSUBEE’s responsibility
  5. When MUSUBEE can not offer the Service by natural disasters such as earthquake, eruption, flood, tsunami
  6. In addition, when it is determined that it is necessary for MUSUBEE to stop the provision of the Service or to make an emergency stop

Article 12 User liability

  1. Users agree to this agreement and to use the Service at its own responsibility, and they shall take complete responsibility for use of the Service.
  2. Users shall provide accurate personal information (hereinafter referred to as “User Information”) to prevent disagreements or discrepancies. In the event User Information changes or in the event User Information is not true, the said User Information shall be changed immediately in this service. In the event that there is any dispute between MUSUBEE, other Users or third parties arising from provided information such as inaccurate User Information, Users themselves shall be responsible for dealing with that matter.
  3. MUSUBEE acknowledges that General Users shall be responsible for checking labor conditions and other contract details with the Company User with Company Users before accepting them, and that the information described in the Service does not ultimately guarantee the details in the said contract.
  4. Company Users shall notify MUSUBEE in advance if it independently screens or employs General Users introduced via the Service.
  5. Company Users shall inform General Users whether they will employ them or not within 30 days from their final interview date (hereinafter “the Decision Period”) through the Service.
  6. In the event there is a possibility Company Users may not make a decision about whether or not to employ General Users by the end of the Decision Period, the said Company Users shall contact MUSUBEE in writing or by e-mail before the expiration of the Decision Period.
  7. In the event Company Users do not inform General Users about whether they will employ him/her or not by the end of the Decision Period, MUSUBEE shall deem that the said Company Users have decided to employ the said General Users on the day following the end date of the Decision Period and shall charge the said Company Users 100% of the service charge. However, in the event MUSUBEE accepts an extension to the Decision Period through the contact set forth in the preceding paragraph, the said extended end date of the Decision Period shall be the deadline for the said Company Users to inform General Users about whether they will employ him/her or not.
  8. Even if Company Users decide not to employ General Users, in the event Company Users employ the said General Users within one year from the date of non-employment, it shall be deemed that the said Company Users have employed the said General Users through the Service and MUSUBEE shall then bill the said Company Users the service charge.
  9. Company Users must store documents relating to the decision to employ or not employ General Users (including copies) for one year from the date of the final interview and documents relating to employed General Users (including copies) for two years from the end of employment. In addition, in the event requested to do so by MUSUBEE, Company Users shall submit documents relating to the decision to employ or not employ General Users and documents relating to employed General Users to MUSUBEE. Moreover, MUSUBEE may enter the offices of Company Users with prior notice and then investigate documents relating to the decision to employ or not employ General Users and documents related to employed General Users.

Article 13 User information

  1. Unless otherwise provided for, MUSUBEE shall not, without the agreement of Users, use or reproduce User Information for purposes other than those listed below, or disclose or leak User Information.
  1. To provide, administer or manage the Service
  2. To make contact necessary for Users to use the Service
  3. To distribute advertisements such as campaign and questionnaire notices and send other notices relating to products and services (notices will no longer be sent if the recipient requests it) 
  4. To deal appropriately with opinions, requests, inquiries, etc.
  5. To propose service improvements and new services
  6. To create a database of information to improve user convenience such as service function developments and content plans
  7. To recruit interviewees in creating content articles etc.
  8. To create a database of User Information for the purpose of enhancing the convenience of Users, such as service function development and content planning
  1. If Users cannot be connected by means using User Information, MUSUBEE may, using its own judgment, contact the User when the information is highly urgent and important. If the User cannot be contacted despite this, MUSUBEE shall not be responsible for not contacting the User.
  2. MUSUBEE may disclose and release User Information to third parties in the following cases. This shall only be within the range necessary to achieve the use objectives stated in term 1 of this article. However, MUSUBEE shall bear the obligation to inform the said Users of the content disclosed/released and the purpose of doing so.
  1. When requesting a business partner to look into or respond to an inquiry etc. from Users concerning a service that is being provided in partnership with the Service
  2. When Users apply to use a service being provided by a business partner in addition to the Service
  3. When requested to do so in accordance with laws and regulations (including requests by investigation related written inquiry) or when necessary for legal procedures
  4. When it is required to protect the rights of MUSUBEE, other Users or third parties
  1. MUSUBEE shall provide methods to stop the supply of User Information to third parties from a privacy protection perspective. Contact MUSUBEE’s Support Center to stop the supply of User Information to third parties. To stop the supply of User Information required to administer the Service to third parties, it will be necessary to conduct use cancellation procedures.
  2. In the event that MUSUBEE requests the following documents to be submitted to confirm User Information, Users shall promptly submit the information to MUSUBEE.
  1. Personal identification documents that identify and confirm the User such as name and address
  2. Resident Card or Certificate of Qualification for Employment to confirm status of residence
  3. Other documents of proof requested by MUSUBEE

Article 14 Canceling the Agreement

  1.  In the event any of the items below applies to Users, MUSUBEE may take the measures deemed necessary by MUSUBEE (e.g., temporary or permanent suspension of the use of the Service, cancelation of registration and immediate termination of the Service Contract) without any kind of notice to Users. In the event MUSUBEE suffers damages due to the actions applicable to the items below by Users, the said Users shall bear all responsibility to indemnify MUSUBEE for all damages suffered due to those actions (including, but not limited to, special damages and reasonable legal fees).
  1. When Users violate any of the provisions set forth in this Agreement
  2. When Users provide false information or omit information in the application details or User Information
  3. When MUSUBEE is concerned about User reliability such as when the User files for bankruptcy or corporate reorganization, receives notice for or independently files for civil rehabilitation proceedings
  4. When the User has received notice of provisional seizure, provisional disposition or public sale, or where notice has been given under the provisions of Article 2 of the  Act on Contract for Establishment of Security Interests by Use of Provisional Registration, or when the User is subject to warning or disposition of dishonor by a clearinghouse, or when the User is punished for default of payment of taxes and other public dues, or when the User has committed an act that may give rise to such a notice, punishment or notification.
  5. When the User cannot be contacted by MUSUBEE by means such as telephone, FAX or e-mail for a long period of time
  6. When facts have been concealed irrespective regardless of intention or negligence
  1. When the the Service Contract is canceled, the Service Account etc. may no longer be used. Data, files and other information registered by Users may no longer be accessed or browsed.
  2. In the event Company Users employ General Users through a job offer already posted at the time of the termination of the Service Contract, the said Company Users shall be required to pay the service charge to MUSUBEE.
  3. Termination of the Service Contract shall have no impact whatsoever on service charges already incurred regardless of the reason.

Article 15 Cancellation due to relationship with antisocial forces

  1. Users and members of MUSUBEE are those who do not apply to any of the followings. Gangsters, gang members, gang companies, general members, people who have not passed five years since they were no longer gangsters, members of the social movement such as a charter Golo or a special intelligence violence group, or any other equivalent (hereinafter referred to as a “violent member etc.”). Users and members of MUSUBEE also guarantee that members does not fall under any of the followings and promise to the other party that we do not apply in the future as well.
  1. Having a relationship in which it is recognized that gangsters, etc. control business
  2. Having a relationship in which it is recognized that gangsters and others are substantially involved in business management
  3. Having a relationship that is deemed to use a gangster, etc. unfairly, such as for the purpose of trying to profit the fraud of oneself or a third party, or for the purpose of damaging the third party
  4. Having a relationship with gang members in terms of providing funds or providing facilities etc.
  5. Officers or persons substantially involved in management having a relationship with gangsters that should be socially criticized
  1. Users and MUSUBEE are able to terminate the Service Contract without giving any notice if the other party or the officer of the other party or the employee of the other party is found to fall under a gangster or any of the preceding items contrary to the statements and affirmations of the previous paragraph.
  2. The provision of paragraph 2 of the preceding article shall apply if MUSUBEE cancels the Service Contract according to the preceding paragraph.

Article 16 Governing law and jurisdiction

  1. The Agreement are governed by the laws of Japan.
  2. In the event of a dispute regarding the Agreement, the Kanagawa District Court shall be the exclusive jurisdiction court of the first trial.

Article 17 Support Service (support details/response time)

  1. General inquiries about operating methods shall be made as follows.
  1. General inquiries shall only be received by e-mail or telephone.
  2. E-mail reception hours are 24 hours a day, 365 days a year.
  3. Telephone reception hours and e-mail response shall be from 10 a.m. to 7 p.m. Japan time on weekdays (excluding Japanese national holidays and holidays specified by MUSUBEE). However, telephone inquiry service is limited to Japan. Received inquiries shall be responded to within five working days.

Article 18 Data backup

  1. The Service use the Amazon Relational Database Service (“Amazon RDS”) to perform backup. As for Amazon RDS, MUSUBEE follow the Agreement of Amazon Web Service (“AWS”).
  2. As a rule, data backup will be conducted daily from 2:00 (JST) to 6:00 (JST), and the backup obtained will be managed on the Amazon RDS for 7 generations.

Article 19 Data communication security

  1. All communication for this service adopts 128-bit encrypted communication by SSL.