This is English translation of the TOMATES Terms of Service in Japanese language, prepared for the reference purpose only. If there is any inconsistency with the Japanese version, the Japanese version shall prevail.
Chapter 1 - Clauses applicable to any Service in common
Article 1 (Scope)
- This Terms of Service ("TOS") is applicable to you, in connection with use of any one of the following services provided by us under the name of “TOMATES” or “TOMATES AGENT” ("Services").
- "TOMATES AGENT Service"
This means services that we introduce you a job opening which we deem suitable for you, and in the event that you decides to apply for such job opening, then we refer you to the relevant company seeking employment, and our career advisor in charge of you may provide various other supports on your job-hunting process, such as providing consulting service and liaising with the company seeking employment in order to set interviews and promote the examination process until when you and such company seeking employment reach the final decision of the employment.
- "TOMATES Recruitment Advertisement Service"
This means services that a recruitment advertisement of a job opening is posted on the “TOMATES” website (“Website”), and you can directly apply for such job opening from the Website. Please note that, unlike the TOMATES AGENET Service, you cannot enjoy various support by our career advisor, and you shall directly liaise with the company seeking employment.
- "TOMATES AGENT Service"
- In connection with the use of this Service, you shall agree to, and comply with, each clause contained herein. By using any of the Service, you shall be deemed to have agreed immediately to any clauses of this TOS posted at the time of your relevant use. For the purpose of this TOS, any communication with Nextbeat through access to this Website and e-mail shall, in addition to your application to the company seeking employment or receipt of the career counseling by career adviser, fall into the “use” of this Service.
- We may display any notes, suggestion and precaution (“Notes”) for this Service. The Notes shall constitute a part of this TOS, and you shall also agree to and comply with the Notes. For the purpose of this TOS, any breach of the Notes shall be deemed to be a breach of this TOS, and in case of any inconsistency between the TOS and the Notes, the Notes shall prevail.
Article 2 (Handling of Personal Information)
- If we acquire your personal information directly from you in writing, e-mail, and/or forms on the web, we will do so with your prior consent, after disclosing the purpose of use.
Article 3 (Advertisement and Notification in E-mail and Other Communication Tool)
If you register your e-mail address, mobile phone number and other contact information in this Service, you are deemed to agree to receive e-mail and SMS (short message service) delivered by us and other advertisement and notification prepared by us and/or other firms. Such e-mail, SMS, advertisement and notification shall include, without limitation, the advertisement and notification of job openings and our products and services.
Article 4 (Prohibition)
- You shall not:
- provide any false information on the status of residence and the place of residence;
- provide any false career history and/or any other false information, including, but not limited to, false information on Japanese examinations, TOEIC scores, any false information in resume such as false academic record, job history and prize/penalty;
- send any information by disguising your identity;
- use, copy, sell, or publish any information obtained through the use of this Service, beyond the permissible range;
- infringe any rights or interests of us or any third party, including but not limited to, its intellectual property right or any other property right, legitimate interests in business, privacy, portrait rights and honor;
- conduct sales activities, political activities, religious activities and other similar activities taking advantage of this Service;
- conduct any other activities that will, or likely to, hinder the operation of this Service, or is detrimental to the credibility of any third party or us;
- conduct any activity which violates, or likely to violate, any laws, regulations, public order and/or morals; and/or
- conduct any other acts which we deem inappropriate in its sole discretion
- In the event that we or any company seeking employment suffers any damage or loss due to your act set out in each Item of preceding Paragraph, you shall indemnify such damage or loss to us or the company seeking employment, as the case may be.
- In the event that we determine that your act falls under, or likely to fall under, any of each Item of Paragraph 1 hereof, we may delete all or any part of the information, suspend the use of this Service, cancel your registration, and take other measures deemed necessary by us, without a prior notice to you. We shall not be held liable for any damages or loss caused to you as a result of any measures taken by us under this Article.
Article 5 (Your Responsibility)
- You shall use this Service on your own responsibility, and shall be held liable for any of your actions relating to this Service and any result thereof, and shall not, in any event, cause any disadvantage, burden, damage or loss to us. You shall indemnify and hold us harmless against any and all disadvantage, burden, damage or loss caused by your action.
- In the event that the you cause any damage or loss to any third party through the use of this Service, it shall be resolved at your own responsibility and we assume no responsibility.
Article 6 (Disclaimer)
- WE DO NOT GUARANTEE THE SUCCESS OF THE EMPLOYMENT AS A RESULT OF THE USE OF THIS SERVICE.
- WE WILL MAKE REASONABLE EFFORTS TO OBTAIN AND PROVIDE ACCURATE INFORMATION, BUT WE DO NOT GUARANTEE THAT THE INFORMATION POSTED ON THIS WEBSITE AND ANY OTHER INFORMATION WE PROVIDE TO YOU IS ACCURATE, UP-TO-DATE AND COMPREHENSIVE. YOU SHALL, ON YOUR OWN RESPONSIBILITY, MAKE NECESSARY INQUIRY TO THE COMPANY SEEKING EMPLOYMENT IN ORDER TO OBTAIN THE ACCURATE, UP-TO-DATE AND COMPREHENSIVE INFORMATION.
- WE DO NOT GUARANTEE THAT THERE WILL BE NO PROBLEMS WITH THE PROVISION OF THIS SERVICE AND THAT THE DATA IN THIS SERVICE WILL NOT DISAPPEAR OR BE ALTERED. WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGE OR LOSS CAUSED TO YOU, DUE TO DECLINE IN THE DISPLAY SPEED OR DISRUPTION OF THIS SERVICE, SUSPENSION, TERMINATION, UNAVAILABILITY OR CHANGE OF THE PROVISION OF THIS SERVICE, CANCELLATION OF REGISTRATION, ALTERATION OR DISAPPEARANCE OF ANY DATA, WHICH MAY BE CAUSED BY EXCESSIVE ACCESS, VIRUS DAMAGE, EARTH SHOCK OR ANY OTHER UNEXPECTED EVENTS. YOU SHALL BACKUP ANY NECESSARY DATA ON YOUR OWN RESPONSIBILITY.
- HANDLING OF PERSONAL INFORMATION AND OTHER ACTIVITIES BY COMPANIES SEEKING EMPLOYMENT ARE MADE ON THEIR OWN RESPONSIBILITY AND WE ARE NOT BE HELD LIABLE FOR ANY ACT OR OMISSION OF SUCH COMPANIES.
- YOU SHALL INVESTIGATE ON YOUR OWN RESPONSIBILITY WHETHER YOUR USE OF THIS SERVICE IS LEGITIMATE IN LIGHT OF ANY APPLICABLE LAWS AND REGULATIONS, AND WE DO NOT GUARANTEE SUCH LEGITIMACY IN ANY WAY.
- UNLESS THERE IS OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OR LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE BY YOU (INCLUDING THE PROVISION OF INFORMATION BY ANY THIRD PARTY) OR UNAVAILABILITY THEREOF. EVEN IN THE EVENT THAT WE ARE HELD LIABLE, FOR ANY REASON, TO ANY OF SUCH DAMAGE OR LOSS, INCLUDING, BUT NOT LIMITED TO, THE SITUATION WHERE WE ARE HELD LIABLE EVEN THOUGH THERE IS OUR ORDINARY NEGLIGENCE ONLY, OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES THAT NORMALLY ARISE.
Article 7 (Suspension of this Service)
- In the event that any one of the following events occurs, we may suspend all or any part of this Service, and we will not be held liable for any damages or loss caused to you or any third party as a result of such suspension;
- any maintenance or inspection is performed in respect of the system used for this Service (regardless of whether it is periodic or urgent);
- the provision of this Service becomes impossible or impractical due to an emergency such as a fire, blackout, natural disasters;
- the provision of this Service becomes impossible or impractical due to war, civil war, riots, noise, labor disputes and other similar events;
- the provision of this Service becomes impossible or impractical due to system failure related to this Service, unauthorized access from a third party, computer virus infection and other similar events; and/or
- the provision of this Service becomes impossible or impractical due to any measures taken under applicable laws and regulations
- any other situation where we deem unavoidable in its sole discretion
- In the event that we suspend the provision of this Service in accordance with the preceding Paragraph, we will notify you on this Website in advance, except in case of emergency.
- We may terminate the provision of this service at our convenience. In this case, we will notify to that effect to you in advance.
- We shall not be held liable for any damage or loss caused to you by any measures taken by us under this Article.
Article 8 (Termination of this Service for a Specific User)
If we deem that any one of the following events occurs for you, we may suspend and/or terminate the provision of this Service to you immediately, and/or take other measures such as cancellation of the registration that we deem necessary. We are not held liable for any damage or loss caused to you as a result of any measures taken by us in accordance with this Article.
- You are in breach of this TOS;
- You are not be in contact without any reasonable ground;
- You make request beyond the scope of this Service repeatedly;
- It is turned out that you fall into the Anti-Social Forces (meaning member of organized crime groups, sub-member of organized crime groups, corporate racketeer, gangs pretending to be social activists, member of organized crime-related specialists and other similar person; the same shall apply hereinafter);
- It is turned out that you have some kinds of interaction or engagement with the Anti-Social Force, including, but not limited to, cooperation with and engagement in the maintenance, operation and management of the Anti-Social Force, through providing funding or some other means;
- The trust relationship between you and us become no longer be able to maintain; and/or
- Any other situation where we deem unavoidable in its sole discretion
Article 9 (Amendment of this TOS)
- We may, in its sole discretion, amend this TOS at any time.
- In the event that you uses this Service after the amendment of this TOS is displayed on this Website, (or in respect of the amendment regarding any provision regarding TOMATES AGENT Service) if you do not take cancellation procedure within the period specified by us, you shall be deemed to have accepted the amendment of the TOS, unless otherwise specified by us
Article 10 (Notice)
By displaying on this Website, we will notify you of any necessary matters. Such notice shall take effect from the time we have displayed the matter to be notified on this Website.
Article 11 (Assignment)
- Unless we provide a prior written consent to do so, you shall not assign, transfer, set collateral, or otherwise dispose of your status hereunder or any rights or obligations hereunder to any third party.
- In the event that we transfer business relating to this Service to any third party (regardless of its legal forms, such as business transfer or company split), our status hereunder or any rights and obligations hereunder and your registration information and other information can be transferred to the assignee of the assignment, and you shall deemed to agree in advance to such assignment.
Article 12 (Discussion)
In case of any doubt about the interpretation of this TOS or any matters not stipulated in this TOS, you and we shall discuss in good faith in order to solve it.
Article 13 (Governing Law and Jurisdiction)
This TOS shall be governed by the laws of Japan, and for any dispute arising out of or in connection with this Service and/or this TOS shall be subject to the exclusive jurisdiction of the Tokyo District Court and/or the Tokyo Summary Court as the court of the first instance.
Chapter 2 - Clause Applicable to the TOMATES AGENT Service Only
Article 14 (Registration to the TOMATES AGENT Service)
- You shall process the registration process in the TOMATES AGENT Service in accordance with the rule set by us.
- You shall agree to all provisions of this TOS prior to registration and use of the TOMATES AGENT Service. If you refuse to agree to the TOS, you cannot be registered in and use this Service.
- If we deem that it is inappropriate to provide TOMATES AGENT Service to you in its sole discretion, we can refuse to your use of the TOMATES AGENT Service and cancel the registration.
- Unless we agree to do so specifically, any person who do not live in Japan cannot use the TOMATES AGENT Service.
Article 15 (Provision of the TOMATES AGENT Service)
We may provide any of the following services that we deem appropriate to you at our sole discretion:
- Collating requirements set by you with the requirements set by the company seeking employment, and providing you with job openings information based on the result;
- Solicitation by our career advisor in charge of you of the application for the job opening, when we deem that you fit the requirements set by the company seeking employment;
- Applying for such job openings on behalf of you, in the event that you have agreed to apply for in response to the solicitation set out in the previous Item B);
- Career consultation by our career advisor in charge of you; and/or
- Any other services that we deem beneficial for your job-hunting activities in its sole discretion
Article 16 (Submission of Documents)
On the request by us, you shall promptly submit any or all of the following documents:
- Identity verification documents by which we can verify your identity such as name and address and verify that you are the registered user;
- A residence card or a work qualification certificate by which we can verify your status of residence (if you are a non-Japanese national);
- Any documents certifying your Japanese, English and other language skill; and/or
- Any other certificate documents for which we or companies seeking employment request submission
Article 17 (Confidentiality and Communication)
- Information provided for you by us at TOMATES AGENT Service contains a lot of information which is not generally open to the public, and you shall keep the confidentiality of such information, and shall not provide and/or disclose such information to any third parties, even after the termination of this Service and deletion of registration.
- In principle, any communication between you and a company seeking employment, including, but not limited to, the coordination of interview date and time, notification of the examination result, will be made via us, in respect of the job opening applied for in the TOMATES AGENT Service. For this reason, the user shall not directly contact the company seeking employment without our consent. However, in cases where it is necessary to inform the company seeking employment urgently, such as the urgent notification on the interview date, you shall contact the company seeking employment directly, in principle.
- You are deemed to agree that notification of employment conditions to you in the TOMATES AGENT Service will be made by e-mail or other electromagnetic means instead of in writing.
Article 18 (Non-Guarantee and Disclaimer)
- ALTHOUGH WE WILL CONFIRM WITH THE COMPANY SEEKING EMPLOYMENT ABOUT THE EMPLOYMENT CONDITIONS SUCH AS THE NATURE OF THE WORK AND YOUR COMPENSATION, BUT YOU SHALL ENTER INTO THE EMPLOYMENT AGREEMENT WITH THE COMPANY SEEKING EMPLOYMENT AFTER CHECKING THE JOB TERMS WITH THE COMPANY SEEKING EMPLOYMENT ON YOUR OWN RESPONSIBILITY. WE DO NOT GUARANTEE THAT THE EMPLOYMENT CONDITIONS WE NOTIFY YOU ARE ACCURATE AND FINAL.
- WE WILL NOT RESPOND TO QUESTIONS CONCERNING ANY CONFIDENTIAL MATTERS OF US AND/OR THE COMPANY SEEKING EMPLOYMENT, SUCH AS EXAMINATION CRITERIA FOR THE ENTRY PROCESS, ADOPTION CRITERIA AND JUDGMENT REASONS, CALCULATION METHOD OF THE COMPENSATION.
- WE CANNOT ENSURE THAT WE WILL ALWAYS INTRODUCE JOB OFFERS TO YOU, AND THAT YOUR JOB CHANGE WILL SUCCEED.
Chapter 3 - Clause Applicable for TOMATES Recruitment Advertisement Service Only
Article 19 (Differences from TOMATES AGENT Service)
- In the TOMATES Recruitment Advertisement Service, career consulting service by our career advisor and other services such as setting of an interview with a company seeking employment will not be provided.
- We may solicit the registration in the TOMATES AGENT Service to users of TOMATES Recruitment Advertisement Service. At that time, for users who have expressed their intention to use TOMATES AGENT Service, we can register as TOMATES AGENT Service registrant. In that case, the information that the user sent to us to use the TOMATES Recruitment Advertisement Service (including the information that the user sent in the past) will be registered as the registration information of the TOMATES AGENT Service. The validity of such registration occurs when we send notification of registration completion to the user by e-mail or other communication means.
- Even if the registration under the preceding Paragraph has been made, the user shall not be subject to the TOMATES AGENT Service in respect of the job opening which such user has applied for using the TOMATES Recruitment Advertisement Service, and the user shall still communicate with the company seeking employment directly in respect of such job openings.
nextbeat Co., Ltd.
A fee charging employment agency in Japan
Registration number: 13 - Yu 306160
Became effective on March 1, 2017
Amended on December 4, 2018