Tokhimo Jobs User Terms

• Introduction
  • These User Terms (referred to as the "User Terms") are provided by Tokhimo Inc. (referred to as the "Company").
  • The User Terms govern all activities conducted within the usage of the system provided by the Company. They establish the conditions under which the system can be utilized. The individual utilizing the system (referred to as the "User") is required to adhere to these terms.
  • Through any form of system usage, the User is considered to have consented to the entire content of the User Terms.
  • The Company defines the User Terms of the system. Irrespective of document names, additional terms of service may be included as part of this agreement.
  • In cases where the provisions of these User Terms conflict with those of other terms of service, these User Terms will hold precedence.
  • If any provision within these User Terms is not applicable to the User upon agreement but becomes relevant due to future changes in circumstances, it will be enforced from the time it becomes applicable.
• Definitions
  • Tokhimo Jobs
    Tokhimo Jobs refers to the online platform (referred to as the "System") operated by the Company. This platform facilitates the exchange of job posting information for Candidates seeking employment and Candidate information for Employers seeking to hire.
  • Candidates
    Candidates are individuals who have registered as Users within the System with the intent of finding job opportunities. They are granted access to the System.
  • Employers
    Employers are organizations that have registered as Users within the System with the objective of recruiting new talent. Employers, including Recruiting Agencies, have access to the System.
  • Recruiting Agencies
    Recruiting Agencies are licensed organizations engaged in recruiting for their clients.
  • Users
    Users encompass both Candidates and Employers who are registered within the System. This term can refer to either (i) both Candidates and Employers collectively or (ii) to either Candidates or Employers individually.
  • CVs
    CVs, an abbreviation for Curriculum Vitae, contain information about an individual's attributes, educational background, and employment history. Candidates upload their CVs onto the System.
  • Personal Information
    Personal Information pertains to details about an individual User, such as their name, address, phone number, email, and other identifiers. This definition includes information that can directly identify a specific User, as well as data that, when cross-referenced with other information, enables the identification of the User.
• User Registration
  Should any User wish to utilize the Tokhimo Jobs System, the User must complete the registration process as outlined by the Company.
• Personal Information
  Upon providing Personal Information to the Company, Users are required to consent to the following terms:
  • Personal Information Administrator, etc.
    Registered Personal Information will be managed by the Company, and its handling policy is elaborated in the separately provided "Privacy Policy."
  • Purpose of Use
    The Personal Information shared by Users or collected during this Service will be used by the Company or Employers for the following specific purposes:
    • Operating and managing the Service and associated inquiries.
    • Facilitating the hiring process for Employers and Recruiting Agencies.
    • Analyzing data for Service improvement.
    • User verification, direct marketing communications from Employers, and providing information on seminars via phone, etc.
    • Creating anonymized statistical data for analysis.
    • Other relevant purposes.
  • Providing Personal Information to Employers
    Personal Information shared during events related to Services or Employers will be managed by the respective companies for communication during recruitment processes. Contact each company directly for their Personal Information handling practices. Employers are prohibited from utilizing Personal Information from the Services for purposes beyond recruitment.
  • Providing Personal Information to Third Parties
    The Company will generally not disclose registered Personal Information to third parties aside from Employers without User consent. However, exceptions include circumstances such as:
    • Required by law
    • Necessity to protect life, health, or property where consent is unattainable.
    • Requirements for public health or child development where consent is unattainable.
    • Cooperation with authorities for lawful measures where consent impedes implementation.
  • Scope of Third Parties
    • Exceptions to third-party classification apply in cases such as:
      • Personal Information entrusted for operational needs.
      • Personal Information transferred due to business succession.
  • Supervision of Consignees
    If Personal Information is entrusted, necessary supervision is exercised over the consignee to ensure secure management.
  • Contact for Inquiries about Disclosure, etc.
    The Company addresses inquiries and complaints regarding Personal Information handling. Users can request Personal Information disclosure, amendment, deletion, or suspension of use.
    Contact details:
    Address: 103, B1F Shinjuku Waseda Label, 520-10 Tsurumakicho, Waseda,
    Shinjuku, Tokyo, 162-0041
    Tokhimo Inc.
    General Affairs Section, General Affairs Department
    Telephone: 050-1751-3023
    Email: info@tokhimo.com
    (Operation hours: 10:00-18:00, Monday-Friday, excluding public holidays)
  • Failure to Provide Personal Information
    Certain services require mandatory information for access.
  • Acquisition of Personal Information by Unidentifiable Means
    • The Company may utilize aggregated data and statistical figures from profiles without specific individual identification. This data may be used without restrictions, including for proposals to Employers and market analysis.
    • The Company may use cookies, JavaScript, and other technologies to collect non-personally identifiable attribute information such as age, gender, occupation, and residential area (limited to information that cannot be combined to identify an individual) from information provided by Candidates at the time of member registration and other times. (limited to information that cannot be used to identify an individual by combining such information), and the behavioral history of Candidates (URLs accessed, contents, order of reference, etc.) within the site. However, cookies and action history do not contain any personal information.
    • The Company may use the non-personally identifiable information, such as attribute information and behavioral history obtained in accordance with the preceding paragraph, without any restrictions.
  • The Company holds no responsibility for Personal Information acquired by third parties under these conditions:
    • Users disclose Personal Information to a specific company via Services or other means.
    • Specific individuals are unexpectedly identified from registered contents not meant for identification purposes.
• User Registration Refusal
  In the event of any of the following, the Company retains the discretion to reject applications for User registration:
  • Lack of agreement to these User Terms by the User.
  • Submission of registration with false information by the User.
  • Prior history of registration termination due to violation of these User Terms or other User Terms.
  • User affiliation with an Anti-social Force or related entities.
  • Company determination of inappropriate application following examination or any other reasons indicating inappropriateness.
• Users' Environment
  Users are responsible for maintaining personal computers, communication equipment, and methods required for System usage at their own expense. Users should implement security measures, including prevention of unauthorized access and information leaks, based on their usage environment. The Company is not liable for Users' usage environment.
• Damages
  If a User breaches these User Terms and causes harm to the Company or any third party, the User is obligated to compensate for all resulting direct or indirect damages.
• Change in System Functions
  The Company reserves the right to modify, suspend, or terminate any part or entirety of the Tokhimo Jobs System's functionality without prior notice to Users, for any reason.
• Amendment
  Users acknowledge that the Company may, under unavoidable circumstances, introduce new functions, alter existing ones, or temporarily suspend or terminate Services. Continued usage of the Services post-amendment signifies User agreement to the revised User Terms or any additional provisions. Users dissenting from the amendment should discontinue use of the Services.
• Temporary Suspension of Use for Maintenance and Other Reasons
  • The Company reserves the right to temporarily suspend the System's operation without prior notice or User approval in the following situations, and Users hereby provide prior approval for such instances:
    • Server maintenance, System specification modifications, or rectification of system anomalies.
    • Natural disasters, emergencies, impending events, or legal revisions that hinder or make System operation impractical or impossible.
    • Unavoidable circumstances that necessitate the temporary suspension of System operation, as determined by The Company.
  • The Company is not liable for damages incurred by Users or third parties due to the suspension of System operation as described in this section, nor is it obligated to refund any fees.
• Deletion of Information upon Termination
  Upon termination of User registration or for any other reason, Users acknowledge that all registered information within the System will be deleted, and its contents will no longer be accessible.
• User Prohibitions
  • Users must adhere to the regulations of the respective countries and regions where information from the Services is utilized. The Company shall not be held responsible for Users' violations of these regulations.
  • When using the Services or the information provided through them, the following acts (including inducement, preparation, and participation) are strictly prohibited:
    • Violation of statutes, these User Terms, or any additional provisions.
    • Acts contrary to public order and morality.
    • Harassment, defamation, cyberbullying, promoting discrimination, or any actions causing inconvenience to other Users.
    • Profit-oriented actions, including sales, advertising, solicitation, or User recruitment (excluding activities acknowledged by The Company); seeking encounters or dating; using the Services for unintended purposes.
    • Activities disrupting or damaging software, hardware, servers, or networks of The Company or third parties.
    • Unauthorized collection of personal and registration information of other Users, disclosure of such information to third parties, or usage for hiring, headhunting, or sales unrelated to the Services.
    • Usage of other Users' accounts.
    • Sharing account credentials or disclosing passwords to third parties.
    • Reverse engineering or extracting source code from Services software.
    • Direct or indirect assistance to Anti-Social Forces through Service use.
    • Unauthorized manipulation or interference with Services, or hindering Users' free and rational choices through automated programs like bots.
• Candidates' Terms
  • Licensing
    • The Company's License to Candidates
      • The Company hereby grants Candidates the use of the Services within the limits specified by the Company.
      • The rights to use the Services, as granted by the Company, are subject to its specified scope. The Company retains ownership of all content and services provided within the Services. Candidates are not granted any licenses to utilize patents, utility model rights, design rights, trademarks, copyrights, proprietary know-how, or any other intellectual property rights ("IP Rights").
      • Candidates are prohibited from reproducing, transmitting, transferring, lending, adapting, or employing the Services' content in any manner.
      • Candidates are not authorized to sublicense the Services to others.
      • If a Candidate loses User status due to registration termination or other reasons, the granted right to use the Services shall cease.
      • The Company reserves the right to modify the validity period of the granted rights to use the Services at any time.
    • Candidates' License to the Company
      • Candidates acknowledge and allow the Company to use or license personal information provided by Candidates (such as CVs, profiles, project reports, images, and videos, collectively referred to as "Profiles") to the extent required for the following purposes:
        • Facilitating and enhancing Services.
        • Developing, enhancing, maintaining, and improving Services.
        • Matters related to the above.
      • In using the personal information and profiles registered by Candidates, we may choose to hide some of the information or name display.
  • Management of User Account
    • Candidates shall have one User account, password, and registered email address ("Password(s)") per Candidate. Multiple individuals cannot share one Password, nor can one or more individuals hold multiple Passwords jointly.
    • Candidates are responsible for Password management under all circumstances.
    • Candidates must not assign, lend, sell, or pledge their User account to a third party
    • Exceptions to the above conditions (1, 2, and 3) require separate approval from the Company.
    • Candidates are accountable for any damage arising from inadequate Password management, usage errors, or unauthorized third-party usage. The Company holds no responsibility in this regard.
    • If a third party obtains or could potentially use a Candidate's Passwords, the Candidate must promptly notify the Company and adhere to Company instructions (if any).
  • Personal Information for Recruiting Activities
    • Submission of Personal Information
      Upon becoming Users of the Services, Candidates shall submit necessary personal information for job-seeking activities through the Services, according to the Company's posting and upload standards (referred to as "Profiles").
    • Information Integrity
      Candidates agree that Profiles must not contain personal information (addresses, email addresses, phone numbers, etc.) of others and that the Company may delete or modify any personal information included in Profiles.
    • Accessibility to Employer
      Profiles submitted by Candidates will be accessible to Employers. Any changes to Profiles must be promptly updated by Candidates.
    • Truthfulness and Accuracy
      Candidates posting or uploading Profiles affirm that the information is truthful, accurate, and doesn't infringe third-party rights. Candidates are responsible for resolving any disputes with third parties at their own expense and without causing inconvenience or harm to the Company.
    • The Company may take necessary actions for Services' operation, such as modifying or removing Profiles that breach posting or uploading standards, contain factual inaccuracies, or indicate improper Service use. The Company is not liable for any resulting damage.
      • Requesting the voluntary deletion or correction of a profile, etc., changing the scope of public disclosure of a profile, etc., or making a profile, etc. unavailable for viewing (private)
      • Delete or change all or part of the registered information without prior notice.
      • Freely delete files uploaded by Candidates.
    • Upon Profile submission, Candidates grant the Company the right to use the Profiles as needed for Services' management and operation.
    • Candidates acknowledge that the Company is not obligated to retain Profiles and must independently back up necessary information periodically.
  • Information Sharing and Questionnaires
  • Sharing Information
    • The Company reserves the right to inform Candidates about new system features, distribute advertisements, send email newsletters, communicate administrative matters related to Service operation, and share other relevant information.
    • If a Candidate expresses a preference not to receive information, or later communicates this desire, the Company will respect their choice unless providing such information is essential for the Services.
    • The Company may remove a Candidate's email address from the recipient list if error notifications occur multiple times or complaints are received from third parties, irrespective of the Candidate's preferences.
  • Conducting Surveys, etc.
    • After a Candidate is no longer a User, the Company may conduct surveys regarding the Services and their usage, encompassing application statuses, job offers, and career transitions.
    • In the context of the preceding point, Candidates are responsible for providing accurate and truthful information and opinions and ensuring their accuracy.
    • The Company may utilize or grant third parties access to the results of these surveys, as outlined in the previous point, to the extent required for Service operation, without prior Candidate consent.
  • Compensation/Waiver
    • Candidates are accountable for their own use of the Services, and the Company will not be held liable for any actions carried out through the Services or their outcomes, except in cases where damage is attributable to the Company.
    • Job Offer Management and Disclosure
      • The Company reserves the right to exclude or remove job offers from the System for any reason, without incurring liability for damages stemming from such actions.
      • The Company does not oversee or control job offer information, job listings, or Employers' actions or statements. The Company neither guarantees nor assumes responsibility for the legality, morality, reliability, accuracy, or availability of this information. Candidates accept this and use the Services at their own discretion.
      • The Services do not guarantee interviews, job placements, or employment. The Company will not be held responsible for Candidates' inability to secure interviews, jobs, or employment.
      • The Company does not ensure the absence of technical inaccuracies, typographical errors, or flaws in Service content. The Company assumes no responsibility for such errors or flaws.
      • The Company neither guarantees nor assumes responsibility for the legality, morality, reliability, or accuracy of content in external Systems, such as advertisements on the Services.
  • Disputes with Third Parties
    • The Company will not mediate disputes between Candidates and third parties, including disputes arising from individual employment contracts related to job information, contract execution, or misuse of Candidates' personal information by Employers.
    • The Company will not be held responsible for disputes between Candidates and other Candidates, Employers, or third parties resulting from Service usage. Candidates are responsible for resolving such disputes at their own expense and effort, including cases of defamation, invasion of privacy, unauthorized disclosure of personal information, copyright infringement, and infringement upon others' rights.
      • If a Candidate defames another
      • If a Candidate violates the privacy rights of others
      • If a Candidate discloses the personal information of a third party without authorization.
      • The Candidate violates the rights of others.
    • The Company will not be held responsible for Candidates' interactions outside of the Services, including contact initiated beyond the platform.
      • Except for reasons attributable to the Company, the Company shall not be liable for any damages arising out of or in connection with
      • The use or inability to use the service by the Candidate.
      • The cost incurred by the Candidate to conduct a transaction, obtain information, or substitute services through the service.
      • Unauthorized access to or unauthorized alteration of the Candidate's transmissions (outgoing communications) or data.
      • Statements, transmissions (transmissions) or actions by third parties within the Service, or other matters related to the Service or the provision of information from the Company.
  • Limited Liability
    The Company will not be held liable for any damage related to the following matters, unless attributable to the Company
  • Ending User Registration
    • Voluntary Termination by Candidate
      Candidates wishing to end their Tokhimo Jobs User registration should follow the company's prescribed method.
    • Forced Termination by the Company
      The company may, without liability, end a Candidate's registration, delete or modify their profile, or limit their disclosure for the following reasons:
      • If a Candidate didn't meet User requirements during registration;
      • Breach of this or other User Terms;
      • Providing or entering false details;
      • Engaging in actions that harm the reputation or operations of Employers, the company, or third parties;
      • Committing or hinting at criminal acts;
      • Violating legal or ethical standards;
      • Hindering the Services or the company's other offerings;
      • Inactivity on the platform for over a year;
      • Any other reason deemed unfit by the company.
    • Class Action Restriction
      Candidates cannot pursue or join group lawsuits against the company related to the System's use.
  • Keeping Things Confidential
    • Employers and the company must keep all acquired information confidential, without prior written consent. This does not include public information or details obtained without confidentiality constraints.
      • Was already in its possession or in the public domain at the time of disclosure and became public knowledge through no fault of the party receiving the Confidential Information after disclosure.
      • Has been rightfully obtained by the Recipient from a third party without any obligation of confidentiality.
    • The provisions of this Article shall survive the termination of the listing.
  • Liability Limitations
    • The company isn't liable for:
      • The validity, morality, reliability, accuracy, or usability of Candidate profiles, or the certainty of recruitment;
      • Technical or typographical errors within the Services;
      • Interruptions due to unforeseen circumstances. The company also isn't liable for disputes between Users and third parties related to Service use.
    • If a dispute arises between a Recruiter and a Candidate, another Recruiter or any other third party in connection with the provision or use of the Service, the Company will not be involved in any way and will not be liable for any such dispute.
    • If a User receives a claim from or has a dispute with a third party in relation to the Service, the User shall immediately notify the Company of the details of the claim or dispute and shall handle the claim or dispute at the User's expense and responsibility and report the progress and results to the Company. The Company will not be involved in, nor will it be liable for, the handling of any such dispute.
    • If the Company receives a claim from or have a dispute with a third party in connection with a User”s use of the Service, the User shall indemnify us for any amounts the Company are forced to pay or other damages we incur and the Company shall not be liable in any way.
  • Compensation
    • Users responsible for any losses to the company due to Service misuse must compensate for those damages.
    • The company will compensate Users only for deliberate or negligent actions that cause loss.
    • Compensation is limited to actual damages, excluding any special damages or lost profits.
  • Exclusion of Anti-Social Forces, etc.
    • User represents and warrants the below, now and in the future
      • User is not an organized crime group as defined in the "Law Concerning Prevention of Unjustifiable Acts by Organized Crime Groups," its affiliated groups, or other anti-social groups or forces (hereinafter referred to as "Anti-Social Forces").
      • Not to use Anti-Social Forces and not to engage in any similar activities.
      • That you do not have a relationship with antisocial forces, such as providing funds or other benefits to, or receiving benefits from, antisocial forces, and that in addition to the preceding items, you will not be socially criticized for having a relationship with antisocial forces.
      • The User shall not defame the reputation of the other party, obstruct business, make unreasonable demands, or engage in any other similar activities in the name of antisocial forces or the like.
    • If a User discovers a violation of any of the provisions of the preceding paragraphs, the User shall immediately report such fact to the Company.
    • If it becomes clear that a user falls under any of the items, the Company may terminate the contract without notice. However, the Company shall not be liable to compensate the other party for any damages incurred by the other party as a result of termination under this paragraph, and the user must compensate the Company for any damages incurred
• Communication
  • To contact the company regarding the Services, Users should use the inquiry form or other specified methods.
  • Company announcements will be made via the System or another appropriate channel.
  • Users consent to receive promotional content from the company or its partners to their email addresses.
• Language
  This Agreement is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.
• Law and Dispute Resolution
  • These Terms are under Japanese law. The Tokyo District Court will exclusively handle related disputes.
• Resolving Ambiguities
  • For any ambiguities or omissions in these Terms, the company and Employers will discuss in good faith for resolution.
• Additional Notes
  These Terms are effective from December 1st, 2020.
  Last updated on September 1st, 2023.