Terms of Use

These terms of use (hereinafter referred to as the “Terms of Use”) for providing and operating the advertising service (“the Services”) set forth the terms and conditions to be agreed by you as a Recruiter (“Recruiter”) with regard to the use of the Services provided by Ozaki Consulting Co., Ltd. (“Company”). These Terms of Use are applicable to all Recruiters whose registrations have been satisfactorily completed in accordance with the provision hereof. Please read these Terms of Use carefully as you use the Services.

  1. General Provision, Scope
    1. These Terms of Use set forth the basic provisions regarding the use of the Services provided and operated by the Company, which all Recruiters are obligated to comply with.
    2. Any separate or additional terms established by the Company through the Company Website or the Services or any rules released through e-mails and similar means in relation to the Services shall constitute a part of these Terms of Use. If any provision of such separate/additional terms or rules (hereinafter collectively referred to as “Individual Terms of Use”) is in conflict with any provision of these Terms of Use, the provision of the Individual Terms of Use shall prevail.
  2. Definitions

    As used in these Terms of Use, the following terms shall have the following meanings:

    1. “Recruiter” means any recruiters that post job(s) or job-related event(s) with The Company whose registration has been completed in accordance with the provisions of Article 3.
    2. “User” means an entity or individual who is agreed to the Terms of Use separately established by the Company and whose user registration has been completed according to such Terms of Use.
    3. “Registration Information" means any information which the Company specifies and collects from Recruiters upon registration, any information which the Company deems as necessary and requests from Recruiters during their use of the Services, and any information added or modified by Recruiters with respect to the above-mentioned information.
    4. “Content” means any information that is available to Users through the Services, including, but not limited to, texts, images, videos, audios, musics and other audible sounds, graphics, software, programs, codes, and other types of data.
    5. “Recruiter Content” means any job descriptions, positions, photographs qualifications, names, addresses, contact information, and any other information provided by Recruiters through the Service.
    6. “Account” means the right or qualification of Recruiters to use the Services.
    7. “Company Website” means the website with the domain name http://jobsugoi.com which is operated by the Company to provide the Services. If for any reasons there is a change to the domain and/or Contents, the Company Website shall be the subsequent website after any such change.
    8. “Intellectual Property Right” means copyright, patent right, utility model right, trademark right, design right and any other intellectual property right, including the right to obtain and register any such right.
  3. Recruiter Registration
    1. An entity or individual who wishes to use the Services (“Applicant”) may apply with the Company upon agreeing to comply with these Terms of Use and providing Registration Information in the manner prescribed by the Company.
    2. Upon Applicants successfully being registered as Recruiters according to the foregoing paragraph, a service agreement based on the provisions of the Terms of Use shall become effective between the Recruiter and the Company, thereby allowing the Recruiter to use the Services in the manner prescribed by the Company.
  4. Changes in Registration Information
    1. Recruiters shall notify the Company of any changes of Registration Information within 14 days of such changes, in a manner specified by the Company.
    2. If any notices provided by the Company fail to reach Recruiters on time due to reasons attributable to the Recruiter’s non-compliance with the preceding paragraph, the notices provided by the Company shall be deemed to have reached the Recruiters within the prescribed period of time and Recruiters may not make any objections in regard to the timing of arrival of the notices from the Company.
  5. Recruiter Account
    1. Recruiters shall be responsible for thoroughly keeping and safeguarding their own Accounts. Recruiters must not allow third parties to use such Accounts. In addition, Recruiters must not transfer, modify, sell or otherwise dispose of the same to third parties. Upon the Company’s verifying that a registered Recruiter matches the information stated in such Recruiter Account, the Company shall deem that such registered Recruiter has an Account and uses the Services.
    2. Recruiters shall be responsible for any loss or damage arising from their own mismanagement or inappropriate safeguarding of their Accounts, or from any unauthorized use of their Accounts by third parties. The Company shall not be held liable in any way for such loss or damage.
    3. In the event Recruiters discover the unauthorized use of their Accounts by any third parties, such Recruiters shall immediately notify the Company to that effect and follow the instructions given by the Company to resolve the matter.
  6. Recruitment Information on the Company Website
    1. The Company may request Recruiters to provide or collect Recruiter Contents in the manner (including orally, by email or other electronic media) separately established by the Company.
    2. The Company may create and publish a Recruitment Information (“Recruitment Information”) on the Company Website by using the Services based on the information provided by the Recruiter or collected by the Company.
    3. Recruiters shall check the information on the Recruitment Information immediately upon receiving a notice of such Recruitment Information is completed created by the Company. If the Recruiter does not notify the Company to modify the information within 7 days passed from such notice has been reached, such Recruiter will be deemed to agree with such information.
    4. Recruiters agree that the Company may edit, modify and update Recruiter Contents which do not harm accuracy of such Contents without giving notices to such Recruiters; provided, however, that the Company will not have the obligation to edit, modify and update Recruiter Contents.
    5. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the Recruiter Contents which are requested to post on the Recruitment Information by the Recruiters are posted on the Company Website or are rejected; or that it took time to determine whether or not to post. The Company shall not be in any way be held liable for any loss or damage incurred by editing, modifying and updating Recruiter Contents.
    6. The Recruiter shall not post any inappropriate Recruiter Contents on the Company Website, including information containing violence expressions; information that slander third parties; information that infringe any rights of third parties; information that violate the applicable laws; information related to the services in competition against the Services; or any other information deemed inappropriate by the Company.
  7. Changes in Recruiter Contents
    1. Recruiters shall keep Recruiter Contents latest and correctly, and shall notify the Company immediately if any of the following items apply to the Recruiter Contents:
      1. If any of the information posted on the Recruitment Information is found to be inaccurate;
      2. If it has any changes to the name or address of the Recruiter;
      3. If it has any changes to the details or any qualities of the job vacancy;
      4. If the Recruiter changes the domain names of its website;
      5. If the Recruiter requests to change or update the posted photograph;
      6. Any other equivalent items.
    2. The Company shall not be in any way be held liable for any loss or damage incurred by Recruiters as a result of such Recruiter’s non-compliance with the preceding paragraph.
  8. The Company’s status
    1. If Users request to apply for the job, the Recruiters may receive the notify of such application through the Service. The Company shall not be construed to become the parties concerned or the representative of agreement between Users and Recruiters.
    2. Recruiters shall note that Users are separately positioned from the Company, not under a supervision of the Company and the Company is not in charge of the quality of Users save only for the standard qualifications provided on Company Website. The Company shall not be in any way involved or responsible for any trouble and dispute arising from such advertisement or application.
    3. In the event of any dispute arising between a Recruiter and either a User or a third party, a Recruiter shall immediately notify the Company to that effect and resolve the matter at a Recruiter’s own cost and responsibility, and the Company shall not be in any way involved or responsible therefor.
  9. Payment

    The Recruiter shall make a payment to the Company for the service fee of the service (“Fee”) at the time of the registration. The amount of the Fee, the terms and method of the payment may be separately agreed between the Recruiter and the Company.

  10. Prohibited Acts

    Recruiters shall not engage nor be likely to engage in any of the following actions on their own behalf or through third parties in connection with their use of the Services.

    1. The act of using the Services for purposes contrary to the intended purpose of the Services such as for criminal acts and similar acts;
    2. In addition to those listed in (a) above, any acts not in compliance with the purposes of these Terms of Use, any separate Individual Terms of Use, or the Services;
    3. Any acts that infringe or which are likely to infringe intellectual property rights, publicity rights, the privacy, the reputation, or any other rights or benefits of the Company, Users, other Recruiters, or third parties;
    4. Any acts that overload the network or system of the Services, regardless of the means used;
    5. Any acts that transmit or embed computer viruses or other harmful programs into the Company Website;
    6. Regardless of whether for or not for profit, any acts that modify, change, edit, remove or otherwise change the descriptions or functions provided on the Company Website or in the Services
    7. Any acts that cause damage to the Company, such as unlawfully accessing any of the systems connected to the Services without authorization or modifying any information or data stored within the Company’s facilities;
    8. Any acts in violation of applicable laws, regulations, legal decisions, court orders, or other legally binding administrative dispositions; or any acts that encourage such violations;
    9. Any fraudulent, threatening or nuisance acts against the Company, Users, other Recruiters, or third parties (including writing a false on Recruiter Contents;
    10. Any acts under which the false identity of the Company or third parties, including other Recruiters, is assumed; or
    11. Any other acts deemed inappropriate by the Company.
  11. Violations
    1. If the Company deems that any of the following conditions apply or are likely to apply to a Recruiter, the Company may, at its discretion, request such Recruiter to cure the breaches, suspend or restrict the use by such Recruiter of the Services, and/or delete the Account of such Recruiter (hereinafter collectively referred to as “Suspensions of Use”)
      1. The Recruiter has violated any of the provisions herein;
      2. All or part of Information provided by Recruiters is found to have been false;
      3. The Recruiter has been subjected to a suspension of payment or declared as insolvent, or a petition for commencement of bankruptcy, civil rehabilitation, reorganization, special liquidation or any equivalent procedure has been filed;
      4. The Recruiter does not respond to the Company’s inquiries or requests for responses, and 30 or more days have passed;
      5. The Recruiter is, or is involved with, Antisocial Forces, engaging in the maintenance, operations, or management of such Antisocial Forces, such as by providing financing or funds;
      6. The Company deems that the deletion, suspension or restriction of the Services is necessary; or
      7. The Company deems that reasons similar to the above exist,
    2. Any Suspensions of Use shall not relieve the Recruiter of any responsibilities or obligations to compensate the Company or third parties under any service agreements, including, but not limited to, compensation for damages.
    3. The Company shall not be in any way responsible for any loss or damage incurred by Recruiters as a result of the actions under this Article.
  12. Changes, Suspensions or Terminations of the Services
    1. The Company reserves the right to make changes or additions to all or part of the Services without giving prior notice to Recruiters.
    2. The Company reserves the right to terminate the provision or operations of all or part of the Services at its discretion, upon which event the Company will notify Recruiters to that effect in a manner deemed appropriate by the Company; provided, however, that such terminations may occur without advance notices in case of emergencies.
    3. In the event of any of the following, the Company shall be able to temporarily suspend all or part of the Services without giving prior notice to Recruiters
      1. Emergency or periodical maintenance or repair work is performed on the hardware, software or other network devices for the Services;
      2. There has been a system overload due to increased usage or other unexpected reasons;
      3. There is a need to ensure the security;
      4. Telecommunications providers do not provide services;
      5. Provision of the Services is rendered difficult due to a force majeure event;
      6. Provision of the Services is rendered difficult due to fires, power failures, accidents, wars, disputes, disturbances, riots, labor disputes, and such similar events;
      7. Provision of the Services is rendered difficult due to laws or regulations or due to any dispositions made in accordance with such laws or regulations; or
      8. The Company deems it necessary to suspend the Services for any reason equivalent to any of the preceding items.
    4. The Company shall not in any way be held liable for any loss or damage incurred by Recruiters as a result of the actions under this Article.
  13. Ownership of Rights
    1. Any and all Intellectual Property Rights pertaining to the contents provided by the Company through the Services shall belong to and remain the property of the Company and/or the licensors licensing such Intellectual Property Rights to the Company. No license granted hereunder in connection with the Services shall be construed to confer any license or right with respect to the Intellectual Property Rights of the Company and of the licensors licensing such Intellectual Property Rights to the Company.
    2. Unless permission is obtained from the Company, Recruiters may not modify, edit, or adapt any information; or allow any third party to use any information; or disclose any information to any third party; which is provided by the Company.
    3. The Company’s trademarks, logos and service marks, (hereinafter collectively referred to as “Trademarks, etc.”) which may be displayed within the Services shall not be construed to confer on Recruiters or any third party any license to use such Trademarks, etc., nor shall they be construed to transfer any title thereto.
    4. Any and all Intellectual Property Rights pertaining to the Recruiter Contents shall belong to and remain the property of such Recruiters. Recruiters shall grant the Company a license to copy, adapt, publicly transmit, create derivative works, public or perform Recruiter Contents to the extent necessary for the Services. The Company shall remain such license even after the Recruiter terminates the use of the Services or the Account of such Recruiter is deleted.
    5. Recruiters agree that they will not exercise moral rights of an author against the Company or persons who succeed to, or are licensed, rights of the Company.
  14. Collection and Handling of Registration Information
    1. Any information pertaining to Recruiters, including Registration Information and Recruiter Contents, shall be handled by the Company in accordance with the Privacy Policy separately established. Recruiters shall agree that the Company will handle any information regarding Recruiters, in accordance with the Privacy Policy.
    2. Recruiters shall agree that the Company will be able to use Registration Information, Recruiter Contents and any other information or data provided by the Recruiters to the Company, for the purposes of providing and operating the Services; and for the purposes of improving the Contents of the Services. Furthermore, the Company shall be able to disclose to the public any such information as statistical data, only to the extent that no individual person or entity is identifiable therefrom.
    3. In addition to the provision of the preceding paragraph, Recruiters shall agree that the Company may provide third parties with any statistical data collected and/or analyzed through the Services for the purposes stated in Paragraph 2 of this Article.
  15. Confidentiality
    1. Recruiters shall not use Confidential Information for any purpose other than in connection with their use of the Services, and shall not provide, disclose or divulge Confidential Information to any third party without prior written consent of the Company.
    2. Whenever requested by the Company, Recruiters shall return or destroy any and all materials containing Confidential Information, including any relevant reproduced materials, without delay and in a manner specified by the Company.
  16. Damages
    1. If Recruiters cause damage to the Company by violating any provision hereof or through the Recruiters using the Services, such Recruiters shall be held liable for compensating the Company for any such damage, including any attorney and professional fees and any personnel expenses incurred by the Company.
    2. The Company will not be held liable whatsoever for any loss or damage incurred by any Recruiters in connection with the Recruiters making use of the Services; provided, however, that this shall not apply to any loss or damage related to or arising from the Company’s gross negligence or willful misconduct. In this case, the damages to be compensated by the Company shall be limited to the direct and ordinary damages actually incurred due to reasons attributable to the Company.
  17. Disclaimer and Indemnification
    1. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the Services, the Contents provided through the Services and other information which may be acquired by Recruiters through the Services are suitable for specific uses by Recruiters; that the Services meet Recruiters with regard to function, product value, accuracy, usability and integrity; that the use of the Services is in compliance with applicable regulations and other internal rules enforced by relevant organizations applicable to Recruiters; that the Services are free from any defects or malfunctions; and that they are not infringing upon any rights of third parties.
    2. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the Contents provided through the Services are legally available for use, that they are in compliance with the terms of use for other relevant services provided by third party providers, and that they are not infringing upon any rights of third parties.
  18. Termination by Recruiters
    1. Recruiters may terminate the use of the Services at any time, by following the procedures specified by the Company, upon which point in time such Recruiters will no longer be able to use the Services.
    2. The termination of the Services shall not relieve the Recruiters of any responsibilities or obligations hereunder to the Company or third parties.
  19. Effective Period of Use

    The service agreement shall be effective from the date on which Recruiter Registration was completed by the Company according to Article 3 hereof, and until such time separately agreed between the Recruiter and the Company, or until the time Accounts of such Recruiter are deleted, whichever comes first.

  20. Amendments

    The Company reserves the right to make amendments or additions to these Terms of Use and other Individual Terms of Use associated with the Services based on the Company’s discretion at any time, upon which the Company shall notify Recruiters of such amendments or additions in accordance with the provisions of Article 21 hereof. Recruiters shall be deemed to have consented to such amendments or additions based upon the Recruiters’ continued use of the Services after notice is given; or at least until such time Recruiters take necessary procedures to terminate the use of the Services within the period prescribed by the Company.

  21. Communications and Notices
    1. Any notices regarding amendments to these Terms of Use and any other communications regarding the Services from the Company to Recruiters shall be made by way of posting such notices and communications on the Services or the Company Website, by emails, push notifications and other means, as deemed appropriate by the Company.
    2. Any inquiries regarding the Services and any other communications or notices from Recruiters to the Company shall be made by using the inquiry form on the Services or the Company Website or by way of other means as designated by the Company.
  22. Non-Assignment
    1. Unless prior written consent is obtained from the Company, Recruiters shall not assign or pledge as security any title or right hereunder or under any user agreement to any third party, whether in whole or in part.
    2. Recruiters hereby agree in advance that in the event the Company transfers its business relating to the Services, the Company shall be able to transfer its title, rights and obligations also under all relevant user agreements in addition to Registration Information and other client data to the transferee. Any transfers of business as provided for in this paragraph shall include mergers through which the Company is dissolved, absorbed or spun off; or any split-ups of the Company under which the Company becomes the general successor.
  23. Severability

    If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of these Terms of Use shall continue in full force and effect; provided, however, that the Company and Recruiters shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated by the original provisions.

  24. Governing Law, Jurisdiction, and Language

    These Terms of Use shall be governed by the laws of Thailand, and any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the appropriate court of Thailand located and with jurisdiction over Bangkok as the court of first instance. In the event of any discrepancy or inconsistency among the English and Thai versions of these Terms of Use, the English version shall prevail.

Recruiter
Enactment 2018/01/12