These Terms of Service (hereinafter "Terms") set forth the conditions of use of GC Workers (hereinafter "Service") and the rights and obligations between GC Workers members (hereinafter "Members") and Fellowship Co., Ltd. (hereinafter "Company"). By using the Service, you must read these Terms in their entirety and agree to them.
Article 1 (Application)
1. These Terms apply to all relationships between Members and the Company regarding the use of the Service, with the purpose of defining the conditions of provision and the rights and obligations of both parties.
2. In the event of any discrepancy between these Terms and other descriptions of the Service outside these Terms, the provisions of these Terms shall take precedence.
Article 2 (Definitions)
The terms used in these Terms are defined as follows:
(1) "Service Use Agreement" means the agreement for use of the Service concluded between the Company and a Member under these Terms as contractual conditions.
(2) "GC Workers" (the Service) means the service by which the Company provides job listing information and related content to job seekers via the Internet. Members acknowledge in advance that the "job listings" handled by this Service include not only full-time and contract employees but also dispatched workers (including those intended for introduction to permanent employment).
(3) "GC Workers Member" (Member) means an individual who has been registered as a user of the Service pursuant to the following article.
(4) "System" means the collective systems used to provide this Service.
Article 3 (Member Registration)
1. Those wishing to use the Service (hereinafter "Applicants") may apply for registration by agreeing to comply with these Terms and providing certain information specified by the Company (hereinafter "Registration Information") to the Company through the System.
2. Upon receipt of an application under the preceding paragraph, the Company will send a provisional registration email to the Applicant. The Applicant will acquire Member status only after completing full registration in accordance with that email.
3. Upon completion of full registration as described in the preceding paragraph, the Service Use Agreement is concluded between the Member and the Company, and the Member may use the Service in accordance with these Terms.
4. The Company may refuse registration or re-registration without any obligation to disclose the reason in the following cases:
(1) If any or all of the Registration Information provided contains false information, errors, or omissions.
(2) If the application was submitted by a method other than that specified in Paragraph 1.
(3) If the Company determines that the applicant is an antisocial force (as defined in Article 21) or has any involvement with antisocial forces.
(4) If the Company determines that the applicant has previously violated a contract with the Company.
(5) If the applicant has previously been subject to measures under Article 11.
(6) If the Company otherwise determines that registration is inappropriate.
Article 4 (Changes to Registration Information)
If there are any changes to a Member's Registration Information, the Member shall promptly notify the Company of such changes through the System.
Article 5 (Document Submission)
If requested by the Company, Members shall promptly submit the following documents:
(1) Driver's license or other identity verification documents.
(2) Residence card, designation document, work authorization certificate, or special permanent resident certificate.
(3) Any other documents requested by the Company.
Article 6 (Notes on Job Referrals)
Even if a Member requests to apply for a job listing, the Company may decline to refer the Member to the employer based on the employer's selection criteria. In such cases, the Company is under no obligation to disclose or explain those criteria to the Member.
Article 7 (Usage Environment)
1. Members shall, at their own responsibility and expense, prepare and maintain the communication devices and other equipment necessary to use the Service.
2. The Company shall have no involvement in Members' usage environments and shall bear no responsibility for any issues arising from such environments.
Article 8 (Account and Password Management)
1. Members shall properly manage and store their account and password for the Service at their own responsibility, and shall not allow third parties to use, lend, transfer, change the name of, or sell them.
2. Members shall be responsible for any damage arising from inadequate management of their account and password, errors in use, or use by third parties.
3. A single Member may not hold multiple accounts simultaneously. Multiple Members may not share a single account.
Article 9 (Prohibited Conduct)
Members shall not engage in any of the following conduct when using the Service:
(1) Acts that violate laws or regulations, or acts related to criminal activity.
(2) Fraud or intimidation against the Company, other users, or third parties.
(3) Acts contrary to public order and morals.
(4) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users, or third parties.
(5) Transmitting information through the Service that the Company determines to fall into any of the following categories:
· Information containing excessively violent or cruel expressions.
· Information containing computer viruses or other harmful programs.
· Information containing expressions that damage the reputation or credit of the Company, other users, or third parties.
· Information containing excessively obscene expressions.
· Information containing expressions that promote discrimination.
· Information that promotes suicide or self-harm.
· Information that promotes inappropriate use of drugs.
· Information containing antisocial expressions.
· Chain mail or information requesting third-party dissemination.
· Information containing expressions that cause discomfort to others.
(6) Acts that place an excessive load on the Service's network or systems.
(7) Reverse engineering or other analysis of software or systems provided by the Company.
(8) Acts that may interfere with the operation of the Service.
(9) Unauthorized access to the Company's network or systems.
(10) Impersonation of another person.
(11) Use of another Member's account or password.
(12) Advertising, promotional, solicitation, or commercial activities on the Service without prior consent from the Company.
(13) Collection of other Members' information.
(14) Acts that cause disadvantage, damage, or discomfort to the Company, other users, or third parties.
(15) Providing benefits to antisocial forces.
(16) Acts aimed at meeting strangers of the opposite sex.
(17) Acts that directly or indirectly cause or facilitate any of the above.
(18) Attempting any of the above acts.
(19) Any other acts the Company deems inappropriate.
Article 10 (Suspension of Service)
The Company may suspend or interrupt all or part of the Service without prior notice to Members in the following cases:
(1) When urgent inspection or maintenance of the computer system related to the Service is required.
(2) When operation of the Service becomes impossible due to computer or communication line failures, operating errors, excessive access concentration, unauthorized access, hacking, or similar events.
(3) When operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fires, floods, power outages, or natural disasters.
(4) When the Company otherwise determines that suspension or interruption is necessary.
Article 11 (Deregistration)
1. The Company may, without prior notice or demand, temporarily suspend a Member's use of the Service or cancel their Member registration in the following cases:
(1) Violation of any provision of these Terms.
(2) Discovery that any Registration Information contains false information.
(3) No use of the Service for one year or more.
(4) No response to inquiries or requests for response from the Company for 30 days or more.
(5) Falling under any of the items in Article 3, Paragraph 4.
(6) Violation of Article 21.
(7) When the Company otherwise determines that continued use or Member registration is inappropriate.
2. The Company bears no responsibility whatsoever for any disadvantage arising from suspension or cancellation under Paragraph 1.
Article 12 (Withdrawal)
1. Members may withdraw from the Service at any time by completing the procedures specified by the Company, at which point they will lose their Member status. Please note that Member status is not automatically forfeited even if a Member secures a new job.
2. The handling of user information after withdrawal shall be governed by Article 17.
Article 13 (Changes and Termination of Service)
1. The Company may change the content of the Service or terminate its provision at the Company's discretion.
2. If the Company terminates the Service, it shall notify Members in advance.
Article 14 (Disclaimer of Warranties and Limitation of Liability)
1. The Company makes no warranties, express or implied, that the Service is suitable for any particular purpose of a Member, that use of the Service complies with applicable laws or industry regulations, that the Service will be available continuously, that the System will be error-free, that use of the Service will guarantee a career change, or that a Member will obtain a residence status permitting work in Japan.
2. The Company shall not be liable for any damages (including mental or financial damages) suffered by Members in connection with the Service, unless caused by the Company's negligence. Even when liable, the Company shall not be responsible for incidental, indirect, special, future, or lost profit damages unless caused by the Company's willful misconduct or gross negligence.
3. Any disputes arising between a Member and another Member or a third party in connection with the Service shall be resolved by the Member at their own responsibility.
4. Members shall, at their own responsibility, receive notification of working conditions from employers pursuant to Article 15 of the Labor Standards Act and confirm and accept such conditions.
5. If a Member, within one year from the date of introduction to an employer through this Service, reapplies to, undergoes selection by, or joins that employer without going through the Service, the Member shall promptly notify the Company of that fact.
Article 15 (Force Majeure)
1. The Company shall bear no liability for damages caused by virus damage that cannot be prevented by standard antivirus measures, natural disasters, or other causes not attributable to the Company (hereinafter "Force Majeure").
2. Even if Member data registered in the System is deleted or altered due to Force Majeure, the Company bears no liability. Members shall back up their own data at their own responsibility.
Article 16 (Confidentiality)
Members shall keep confidential any non-public information disclosed by the Company to Members with a request for confidential treatment, except with the prior written consent of the Company.
Article 17 (Handling of User Information)
The handling of Members' user information by the Company shall be governed by the Company's separate Privacy Policy. Members consent to the Company handling their user information in accordance with that Privacy Policy.
Article 18 (Surveys, Newsletters, and Similar Activities)
1. The Company may send surveys or newsletters to Members, or conduct interviews by email or phone, based on Members' Registration Information for the purpose of improving Service quality, supporting Members' job searches, and analyzing job market trends. Members agree in advance to such activities.
2. Members shall respond to surveys or interviews under the preceding paragraph at their own discretion and responsibility, and warrant to the Company that their responses are true and accurate.
3. The Company may publish information obtained pursuant to the preceding two paragraphs in magazines, newsletters, websites, blogs, or other media issued or managed by the Company. In such cases, all copyrights in the published survey results shall belong to the Company.
Article 19 (Use of Statistical Data)
The Company may process Members' Registration Information into anonymized form to create statistical data and use such data without restriction.
Article 20 (Intellectual Property Rights)
1. All intellectual property rights relating to the Company's website and the Service belong to the Company or its licensors. The license to use the Service under these Terms does not constitute a license to use any intellectual property rights of the Company or its licensors.
2. Members agree not to exercise moral rights against the Company or those who have succeeded to or been licensed rights from the Company.
3. Trademarks appearing on the Company's website belong to the Company or their respective rights holders.
4. Members represent and warrant to the Company that they have the lawful right to post portfolios and other content, and that such content does not infringe any third-party rights.
Article 21 (Exclusion of Antisocial Forces)
1. Members represent and warrant to the Company that:
(1) They are not, and will not in the future become, an antisocial force — including organized crime groups, organized crime group members, persons who ceased to be organized crime group members within the past five years, corporate racketeers, social movement racketeers, special intelligence violent groups, or equivalent persons.
(2) They do not have any relationship involving provision of funds or other benefits to antisocial forces.
(3) They will not, whether personally or through third parties, engage in:
(a) Violent demands.
(b) Unreasonable demands exceeding legal liability.
(c) Threatening language or violence in connection with transactions.
(d) Spreading rumors, using deception or force to damage the counterparty's reputation or obstruct their business.
2. If any of the above representations are found to be false, the Company may immediately terminate all or part of the Service Use Agreement without prior notice. The Company bears no liability for any damages to the Member arising from such termination. Such termination shall not preclude the Company from separately seeking damages from the Member.
Article 22 (Amendments to Terms)
The Company may amend these Terms when it deems necessary. In the event of amendment, the Company will notify Members of the effective date and content of the revised Terms by posting on the Company's website or by other appropriate means. Where amendments require Member consent under applicable law, the Company will obtain such consent through its prescribed method.
Article 23 (Notices and Communications)
1. Inquiries and other communications from Members to the Company, as well as notices of amendments and other communications from the Company to Members, shall be conducted through the method specified by the Company.
2. If the Company contacts a Member at the email address or other contact information included in the Registration Information, the Member shall be deemed to have received such communication.
3. Even if an inquiry is received pursuant to Paragraph 1, the Company is under no obligation to respond and may at its discretion decline to do so.
Article 24 (Assignment of Service Use Agreement)
1. Members may not assign, transfer, pledge, or otherwise dispose of their position under the Service Use Agreement or any rights or obligations under these Terms to any third party without the Company's prior written consent.
2. If the Company transfers its business related to the Service to another company, the Company may transfer its position under the Service Use Agreement, rights and obligations under these Terms, and Members' Registration Information and other customer data to the transferee. Members hereby consent in advance to such transfer. Business transfer as referred to in this paragraph includes not only ordinary business transfers but also company splits and all other transfers of business.
Article 25 (Severability)
Even if any provision or part of these Terms is held invalid or unenforceable under applicable law, the remaining provisions and any remaining portion of a partially invalid provision shall continue in full force and effect.
Article 26 (Language)
These Terms are prepared in Japanese. In the event of any inconsistency or ambiguity between the Japanese version and any translation, the Japanese version shall prevail.
Article 27 (Governing Law and Jurisdiction)
1. These Terms and the Service Use Agreement shall be governed by the laws of Japan.
2. Any disputes arising out of or in connection with these Terms or the Service Use Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.
[Established April 1, 2023]