Terms and Conditions
1. Common rules
Thank you for using UpNext's products and services.
These terms set forth the terms of use for all services provided by the company (hereinafter referred to as the "services"), and apply to all customers who use the services. Please read the following carefully.
1.1. Agreement to these terms
By using the service, you agree to these terms. If you do not agree to these terms, please do not use this service.
1.2. Revision
Our company may change these terms as necessary. If these terms are changed, the company will implement appropriate change procedures depending on the content of the change. In addition, in the cases specified below, if the company notifies you of the content of the change and its effective date in an appropriate manner, the customer will be deemed to have agreed to the changed terms based on Article 548-4 of the Civil Code. .
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The change is in your general interests.
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The change does not contradict the purpose of the contract, the change is necessary due to laws and regulations, taxation, economic conditions, social conditions, demand for this service, the company's business environment, and other various circumstances, and the contents after the change are reasonable.
1.3. Change/termination of services
The company may change the content and specifications of the service, or suspend or terminate the service at any time without prior notice to the customer.
1.4. Service usage restrictions
If you are a minor, you must obtain the consent of your legal representative before using the service. Our company may confirm with legal representatives whether or not they have consented.
In addition, the company prohibits customers who engage in any activities with members of anti-social forces (including those who were members in the past) and their related parties, as well as those who misuse the service or cause trouble to third parties, from using this service.
1.5. Handling of your data and content
We have no obligation to back up your data. You are responsible for performing any necessary backups yourself.
The rights to the content (including, but not limited to, text, photos, portfolios, etc.; the same shall apply hereinafter) that you provide to this service belong to you. However, we retain the rights to the content we create on your behalf.
You may use (reproduce, screen, publicly transmit, exhibit, distribute, transfer, loan, translate, adapt, publish, etc.) content that has been posted by us or our business partners in a setting that is accessible to an unspecified or large number of users, free of charge, without restrictions on region, number of times, or period, on a non-exclusive basis, and the company shall not object to such use.
1.6. Prohibitions
When using this service, the acts specified below (including acts that induce or prepare for such acts) are prohibited.
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Acts that violate laws, regulations, these terms.
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Acts that violate public order and morals.
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Acts that violate the rights of our company or third parties.
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Harassment, slander, online stalking, promotion of discrimination, and other acts that cause trouble to other customers.
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Activities for profit-making purposes such as sales, publicity, advertising, solicitation, recruitment of members (excluding those approved by our company), activities for the purpose of meeting or socializing with strangers of the opposite sex, and activities for the purpose of religious solicitation. Acts of using this service for purposes other than those originally planned.
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Acts that destroy or interfere with the functions of our company's or third parties' software, hardware, servers, or networks.
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Acts of collecting other customers' personal information, registration information, usage history, etc. without permission, disclosing the collected information to a third party, or using it for recruitment activities, headhunting, or sales activities other than this service.
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Acts of indiscriminately requesting connections on this service from other customers who are not acquainted with each other.
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Acts of using this service with another customer's account.
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Acts of attempting to reverse engineer or extract the source code of software included in this service.
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Acts of providing profits directly or indirectly to antisocial forces using this service.
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Acts that fraudulently operate the service or interfere with the independent and rational choices of other customers by using automated programs such as bots.
1.7. Measures for violations, etc.
In the following cases, our company may delete your data or account or stop providing services to you without prior notice. Additionally, if you have registered multiple accounts, similar measures may be taken against all accounts.
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If the customer violates these terms, or if the company determines that there is a risk of such violation.
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If there is a delay in payment of the amount owed to the company, or if the use of the credit card or bank account designated as the payment method is suspended.
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If the company determines that the customer's creditworthiness has arisen, such as filing for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other bankruptcy proceedings.
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If the account is registered or used by anti-social forces or their members or related parties, or if the company determines that there is a risk of such occurrence.
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In other cases where the company determines that it is difficult to continue the contractual relationship between the company and the customer, such as when the relationship of trust with the customer is lost.
1.8. Indemnification to us
If our company incurs damage (including attorney's fees and other expenses and payment of compensation) due to a claim arising from the customer's actions, the customer shall compensate our company for the damage.
1.9. No warranty
The service is provided “as is”. Except for cases stated in these terms, the company does not warrant that the service is free from errors, bugs, inaccuracies, defects, interruptions, other defects, or infringements of rights. We also make no warranties for the accuracy, reliability, completeness, suitability for a particular purpose, usefulness, or security of the service.
This service does not guarantee that you will be matched or hired.
1.10. Disclaimer
Our company's liability regarding this service shall be waived if it is not due to our intention or gross negligence. In addition, our company shall not be held responsible in any way except for damages that actually occur within the direct and normal range (excluding lost profits, indirect damages, special damages, and punitive damages), and in the case of paid services, the amount of compensation (continuing damages) up to the amount equivalent to 6 months worth of services. Even if this disclaimer is invalidated by law, etc., the company shall be indemnified to the maximum extent permitted by the applicable law.
However, if the contract between you and our company regarding this service is a consumer contract as stipulated in the Consumer Contract Act, the above will not apply and the following will apply. In other words, our company's liability regarding this service, unless it is due to intentional or gross negligence on our part, is limited to actual direct and normal damages (not including lost profits, indirect damages, special damages, or punitive damages). In the case of paid services, the company shall be liable for damages up to the amount paid (in the case of continuous services, the amount equivalent to six months' worth).
Any trouble, transaction, dispute, etc. that arises between the customer and other customers, recruiters, candidates, or other third parties regarding the use of this service shall be resolved at the customer's own responsibility and expense, and our company will not be involved in such troubles, transactions, disputes, etc.
This service may include services or content provided by other businesses affiliated with us. The responsibility for these services or contents rests with the businesses providing them. In addition, these services or contents may be subject to terms of use and other conditions stipulated by the businesses providing them.
1.11. Usage fee
The customer shall pay the specified usage fee for paid services within the service by the deadline specified by the company and by the method specified by the company. Payment fees are the responsibility of the customer.
We do not issue receipts for your payments. Please use your payment details in place of your receipt.
If the usage fee is not paid by the deadline, the company may claim a late payment charge as stated in the contract.
If a customer using a paid contract for this service fails to pay the prescribed usage fee for this service even once, or falls under any of the reasons specified in 1.8 of these terms, the company will notify the customer in advance. The benefit of time may be forfeited for any debts related to the use of this service by the customer, and upon receipt of such notice, the customer shall immediately repay the full amount of the debt for which the benefit of time has been lost.
The company can collect taxes, in addition to the fee, (including, but not limited to, consumption tax) that must be collected and paid to tax authorities pursuant to laws and regulations in accordance with the tax rate or tax amount applicable to that point in time.
The company shall determine whether or not the consumption tax is due based on the address notified by the customer at the time of application for use, and if a problem arises in collecting consumption tax due to an error in the notified address, the customer shall be responsible.
1.12. No transfer
The customer may not transfer the rights and obligations arising from the contract with the company to a third party without the consent of the company.
1.13. Contact
Customers may contact the company regarding this service by submitting an inquiry form located at an appropriate location on the website operated by the company, or by a method specified by the company.
Contacts from our company to customers regarding this service will be made by posting in appropriate locations on the website operated by our company, or by any other method we deem appropriate.
By using this service, the customer agrees that the company may send advertisements or promotions related to the company or its business partners to the e-mail address registered by the customer.
1.14. Privacy policy
Our company handles information (including personal information) obtained from customers in accordance with our privacy policy. Before using this service, you must read the privacy policy carefully and agree to all its contents.
1.15. Confidentiality of communications
We will protect the confidentiality of your communications and handle the content and history of your communications. Please note that the company may view the content and communication history of the customer, disclose it to a third party such as an investigative agency, or delete it if the customer's consent is obtained or if forced or permitted by law.
1.16. Not falling under anti-social forces
The company and the customer shall declare to the other party that they, or its representatives, officers, or other persons with substantial management are currently not be affiliated with, a part of, or quasi-members of: organized crime groups, companies affiliated with organized crime groups, corporate racketeers, social movements, robbers pretending to be political activities, special intelligence violent groups, people with close relationships with these people, or people similar to these, and both parties also declare that they not fall under any of the listed in the future.
If the other party violates the above representations or assurances, the company and the customer may immediately terminate the use of the service and the contract related to the service without any notice.
1.17. Governing Law/Jurisdiction Agreement
The contractual relationship between our company and our customers shall be governed by Japanese law. The Tokyo District Court shall have the exclusive jurisdiction of the first instance for any disputes that arise between the company and the customer in connection with this service.
2. Rules for businesses
When business customers use this service, in addition to the provisions in "1. Common Rules", the following provisions also apply depending on the service used (the provisions in "3.1. Common Items" apply to all business customers).
2.1. Common items
2.1.1. Application for use
If you wish to use this service, please apply for use according to the application procedure prescribed by our company.
After applying, the customer agrees without reservation to all of these terms and the privacy policy (including notes listed on the application form, etc.), and the company accepts the application after the specified contract review. When we notify the customer that we will do so, a contract regarding the use of the service for the relevant business operator will be established between the company and the customer, and use will begin.
2.1.2. Contract review
When a customer applies for the use of this service, when a customer applies for a paid plan, or when the customer's usage period has passed for a certain period of time, the company will review the customer's contract according to the company's prescribed standards. We will do the following. When reviewing a contract, our company may request answers regarding the details of the business or the provision or presentation of necessary documents such as commercial registers.
If a customer fails the contract screening, we will refuse to conclude a contract for customers who have not yet concluded a contract, and we will immediately terminate the contract for customers who are currently under contract.
Please note that contract review standards are subject to change depending on changes in laws, customer usage status, social conditions, etc. Additionally, contract screening standards are not made public. Please note that we cannot respond to inquiries regarding the content or results of the screening.
2.1.3. Automatic updates
Recurring agreements will automatically renew upon expiration of the original term unless otherwise specified in additional terms. In order to refuse renewal, you must first complete the contract termination procedures (renewal refusal procedures) prescribed by our company. Please note that if the contract is automatically renewed as a result of neglecting the contract termination procedures (renewal refusal procedures), usage fees corresponding to the renewal period will be incurred.
2.1.4. Restrictions on early cancellation
Continuing contracts cannot be canceled early unless otherwise provided in additional terms. Even if the customer cancels the use of this service after the contract has started, the usage fee for the corresponding contract period cannot be refunded, and the unpaid usage fee, if any, must be paid in full. However, if our company terminates your contract due to our contract review conducted after you start using the service, we will refund your usage fee according to the number of months remaining on your contract.
Furthermore, if a customer requests a refund of usage fees or refuses to pay unpaid usage fees in violation of the above, the company will delete the customer's data and account without prior notice, and we may not allow you to use this service in the future.
2.1.5. Use by employees, etc.
The customer shall ensure that the customer's officers, employees, organizational members, employees, and all other persons who use the service for the customer's business (hereinafter referred to as "employees, etc.") comply with these terms.
If our company incurs damage (including attorney's fees and other expenses and payment of compensation) due to a claim arising from the actions of an employee, etc., the customer shall compensate our company for the damage.
When a customer links the personal account of an employee belonging to their company with a company page or recruitment activity, etc., this shall be done after obtaining the consent of the employee concerned and explaining that profile information (limited to items registered by the employee, etc.) will be made public, and due consideration shall be given to the confidentiality and privacy of communications.
2.1.6. Use and consignment for third parties
When a customer uses or operates this service for a third party (hereinafter referred to as a "beneficiary") (including but not limited to when a customer uses or operates this service for its subsidiary or other group company) or if a customer entrusts the use or operation of this service to a third party (hereinafter referred to as a "contractor"), you must obtain our consent in advance. We have complete discretion as to whether or not to accept this.
If consent is obtained from the company, the customer must ensure that the beneficiary or contractor complies with these terms, and the customer shall be responsible for claims arising from the actions (including omissions) of the beneficiary or the contractor. If our company suffers damage (including attorney's fees and other expenses and payment of compensation) as a result of the above, the customer shall compensate our company for the damage.
Even if your data, content, or account is deleted by us or the provision of this service to you is suspended due to a violation of these terms by you, a beneficiary, or a contractor, our company assumes no responsibility to beneficiaries or contractors.
If the customer uses this service for the benefit of a beneficiary or entrusts the use of this service to a contractor without obtaining the consent of the company, the amount equivalent to the usage fee that would be incurred if this service was used under the same rate plan as the customer (however, if the customer's rate plan is free, the amount equivalent to the usage fee of the cheapest paid plan for the service) shall be paid to the company. Please note that payment of such penalty does not preclude our claim for damages.
2.1.7. Confidentiality
Confidential information about the other party disclosed to the other party (limited to the other party's business or technical information that is confidentially managed by the other party and is specified as confidential at the time of disclosure. Thus excludes information that was publicly known at the time of disclosure, information that became publicly known after disclosure without violating confidentiality obligations, information that was lawfully obtained from a third party without obligation of confidentiality regardless of whether or not it was before the disclosure, and information independently developed without relying on confidential information) regarding the service shall be kept confidential, and unless the other party consents, shall not be used for any purpose other than the fulfillment of the contract regarding the company and the customer and shall not be disclosed or leaked to any third party by the company and the customers. However, if disclosure is required by a judicial or administrative agency based on laws or regulations or financial instruments exchange rules, we may disclose the information to the minimum extent necessary. Please note that this confidentiality obligation will remain in effect for three years even after the contract between our company and the customer regarding this service ends.
2.2. Recruitment services
2.2.1. Recruitment
Recruitment services are services that provide recruitment information regarding recruitment activities prior to the formal selection process, such as casual interviews, office tours, lunch meetings, seminars, study sessions, company information sessions, and recruitment events.
2.2.2. Clarification of working conditions
[If the customer conducts recruitment activities in Japan]
The customer shall be responsible for communicating with the candidate, at the latest after the candidate has entered the formal selection process and before the time of first contact with the candidate (e.g. interview, email, telephone, etc., excluding contacts made for the sake of organizing the initial interview date), clearly specifying the content of the work to be engaged in, wages, working hours, and other working conditions (hereinafter referred to as "the content of work to be engaged in"). The following matters shall also be complied with.
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The details of the work to be performed must not be false or exaggerated.
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Regarding working hours, clearly state the start and end times, work that exceeds the prescribed working hours, break times, holidays, etc. In addition, if a discretionary labor system is applied, this should be clearly stated.
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Regarding wages, clearly state the wage format (classification of monthly wage, daily wage, hourly wage, etc.), basic salary, allowances paid on a fixed amount, commuting allowance, wage increases, etc. In addition, if fixed overtime pay is adopted, the method of calculation (limited to those that clarify the fixed overtime hours and amount), the amount of basic salary excluding fixed overtime pay, and the amount to be paid for working overtime in excess of fixed overtime hours, working on holidays, and working during late-night hours must be clearly stated
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If it is unavoidable to separately specify some matters such as the content of the work to be engaged in, this should also be clearly indicated.
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Limit the level and scope of the work to be undertaken as much as possible so that candidates can understand it in a concrete manner.
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Please be as specific and detailed as possible, including when specifying the work environment.
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If there is a possibility that the content of work to be engaged in is different from the content of work to be engaged in stated at the time of signing the labor contract, this shall be clearly stated. If the content of work to be engaged in already differs from what is stated, please notify the candidate immediately.
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If the content of work to be performed during and after the trial period is different, indicate the content of the work to be performed for each period.
Last revised date: May 7, 2024