Terms and conditions
Article 1 (Purpose)
- This agreement constitutes the agreement for the use of the human resources business agent service (hereinafter referred to as the “Service”) provided by UpTomorrow Group Inc. (hereinafter referred to as the “UpTomorrow Group”)
- The applicant for this service (hereinafter referred to as the “Applicant”) shall faithfully comply with these terms and conditions.
Article 2 (User ID and Password)
- The Applicant shall share with UpTomorrow Group the login ID and password (hereinafter referred to as “ID, etc.”) for the use of UpTomorrow Group of each scout media.
- The Applicant shall notify UpTomorrow Group in advance of any change of ID, etc. for each scouting media, and the time of application of the change shall be the time agreed upon by both parties.
Article 3 (Creation and Transmission of Scout Emails)
- UpTomorrow Group shall send only the contents and elements approved by the applicant as the text of the scout e-mail, and shall not be liable to the applicant in the event that the content of the scout e-mail is found to be contrary to the posting and description rules or to the facts.
- The applicant acknowledges in advance that there is a possibility that the registered information (skills, work location, etc.) of a job seeker (hereinafter referred to as “job seeker”) may change due to the actions of the job seeker registered with the scouting media to which we send scouts on our behalf, and that this information may be sent to users who do not meet the target conditions.
Article 4 (Service Charges and Billing Method)
- When an applicant submits an application, the service usage fee shall be paid in accordance with the terms and conditions separately agreed upon. Payment of the service usage fee shall be made by wire transfer to a bank account separately designated by UpTomorrow Group, and the applicant shall bear the handling charges for the wire transfer.
Article 5 (Suspension of Use)
- UpTomorrow Group may, at its discretion and without prior notice to the applicant, suspend the authority to use the service if it determines that any of the following events have occurred. In such a case, the applicant must promptly take remedial measures in accordance with the UpTomorrow Group’s instructions.
- If the applicant violates any provision of this agreement or these terms and conditions.
- When payment of the service fee from the applicant cannot be confirmed by the due date.
- When UpTomorrow Group deems it necessary for other reasons.
- UpTomorrow Group shall not be liable to the applicant for any loss or damage whatsoever arising from the measures taken in accordance with the preceding paragraph.
- We may suspend the service for any of the following reasons. UpTomorrow Group shall not be liable for any loss incurred as a result of the suspension of service.
(1)In case of urgent inspection or maintenance of the computer system related to this service
- In the event of an accidental shutdown of computers, communication lines, etc.
- In the event that this service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
- In any other cases where UpTomorrow Group deems it necessary to suspend or discontinue the service.
Article 6 (Confidentiality of Trade Secrets)
- The Applicant and UpTomorrow Group shall not use for any purpose other than the performance of this Agreement, and shall not disclose or divulge to any third party during or after the term of this Agreement, any information relating to the other party’s business secrets or any other information that is deemed to be protected as confidential by the surrounding circumstances, which has come to their knowledge under this Agreement, without the written consent of the other party.
- The applicant shall not disclose or divulge to any third party or use for the applicant’s own benefit any confidential information that may become known through the use of the Service or any information that UpTomorrow Group does not disclose to the public (including, but not limited to, information, mechanisms, know-how, program sources, etc. related to the Service).
- Upon request from UpTomorrow Group, the applicant shall immediately return all confidential information to UpTomorrow Group or dispose of it in a manner that takes sufficient care to prevent information leakage. The same shall apply when this service is terminated.
- The provisions of this Article shall continue even after the expiration of the term of this Agreement.
Article 7 (Liability for Damages, etc.)
- UpTomorrow Group shall not be liable for any damage caused by the applicant to the applicant.
- The provisions of this Article shall continue even after an employment contract has been concluded between the applicant and the candidate.
Article 8 (Modification of Terms, etc.)
- UpTomorrow Group may change the terms and conditions. If UpTomorrow Group changes the terms and conditions, it shall notify the applicant of such changes in a manner prescribed by UpTomorrow Group, and the applicant shall be deemed to have agreed to the changes if the applicant uses the Service after the notification of such changes or if the applicant has not requested cancellation within the period specified by UpTomorrow Group.
Article 9 (Term of Contract)
- The Agreement shall remain in effect from the date of formation of the Agreement until the Agreement expires due to a request for cancellation by the Applicant.
- No mid-term cancellation shall be allowed during the contract period.
Article 10 (Reasons for Discharge)
- UpTomorrow Group may terminate this Agreement without notice to the other party in the event that either the Applicant or UpTomorrow Group falls under any of the following items
(1)When there is a suspension of payment or a petition for specified conciliation, commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or commencement of other similar legal liquidation proceedings.
(2)When a resolution of dissolution is passed or an order of dissolution is received
(3)When the business is discontinued
(4)When a bill clearing house suspends transactions
- UpTomorrow Group may terminate this Agreement by giving a notice to the other party in the event that either the Applicant or UpTomorrow Group falls under any of the following items.
(1)the breach of this Agreement or these Terms and Conditions has not been corrected despite a seven 7 day period of notice.
(2)When an order or notice of provisional disposition of seizure, provisional seizure, or temporary restraining order has been dispatched, or when an auction procedure has been commenced
(3)When a decision is made to suspend or discontinue business, or when a disposition is made by the competent authorities to suspend or discontinue business that will seriously affect the continuation of the business.
Article 11 (Exclusion of Antisocial Forces)
- The applicant and UpTomorrow Group hereby pledge that neither they nor any of their officers or those substantially involved in their management fall under the category of organized crime groups, organized crime groups, companies affiliated with organized crime groups, general assemblymen, or other similar persons (hereinafter collectively referred to as “anti-social forces”) and that they have no current or future relationship with anti-social forces, and that they will not use themselves or any third party to make violent demands, unreasonable demands beyond their legal responsibility, threats, obstruction of business, or any other similar acts. UpTomorrow Group shall not, by itself or through the use of a third party, make violent demands, unreasonable demands beyond the scope of legal responsibility, threats, obstruction of business, or any other similar acts.
Article 12 (Agreed Jurisdiction)
- In the event of any dispute concerning this Agreement or these Terms and Conditions, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Article 13 (Cancellation)
- In order to cancel the Service Agreement, the applicant must notify UpTomorrow Group of such cancellation by email at least 30 days prior to the expiration date of the Service Period, and the cancellation procedure can be completed upon reaching an agreement with UpTomorrow Group. The date of cancellation shall be the date on which the cancellation procedure is completed. However, depending on the conditions separately agreed upon by the applicant and UpTomorrow Group. fees may accrue during the period specified in the application form from the subscription to the Service. If such limitation is applied, UpTomorrow Group shall indicate such limitation under the conditions separately agreed upon at the time of the applicant’s application for the Service.
- Even if the subscriber cancels the subscription to the Service, the subscriber may subsequently apply for the Service again. In such a case, UpTomorrow Group will newly start use of the Service.
Development date: March 1st, 2023