en-japan inc. provides video interview service (“this Service”) which aims to conduct interviews electronically between an Employer Company (or “You”) and their Job Seekers.
To register and use this Service, agree to these Terms of Service before registration.
Article 1 (About Video Interview)
1. This Service comprises of the following services provided by en-japan inc. (“We” or the “Company”):
(1) Setting up an interview by Employer Company
The Employer Company can register an account by entering the contact person’s name, email address, company name, and password (collectively, the “registration information”) on the website providing this Service (“this Website”). The Employer Company can then log in using the registered email address and password.
After setting up an interview on this Website, the Employer Company may send an access URL to its Job Seekers for account registration on this Website and for creation and submission of video interview.
(2) Creating and submitting a video interview by Job Seeker
The Job Seeker can register an account by entering his/her name, email address, name of targeted Employer Company, and password on this Website. The Job Seeker can then log in using the registered email address and password.
While logged in, the Job Seeker can create and submit a video interview in accordance with the guidelines of this Service.
(3) Viewing and evaluating a video interview by Employer Company
Upon checking the list of Job Seekers who posted their video interview on this Website, the Employer Company can view a specific Job Seeker video interview and make the necessary evaluation.
2. We may decline to use the Services if it determines that providing the Services is inappropriate.
Article 2 (ID and Password)
1. To use this Service, the Employer Company must use its email address and password as part of the registration information as ID and password respectively.
2. You shall be solely responsible for the use and management of the ID and password, and you shall not allow any third party to use the ID and password or shall not transfer them to any third party which would be granted to you.
3. The expiration date of ID and password stated in Paragraph 1 shall be six months from the date of last login or the date of last use of this Service by the Employer Company. You must agree in advance that we may remove expired ID and password with prior notice.
Article 3 (Establishment of Terms of Service)
The Terms of Service between our Company and the Employer Company shall be deemed established when the Employer Company registers an account by entering its registration information and then logs in for the first time using the registered email address and password.
Article 4 (Usage Period, Usage Fee, and Payment Method)
1. The minimum contract period for this service is one year from the date of registration for this service by the Employer Company.
2. Company can set the usage fee for the use of this service.
3. The time and method of payment of the usage fees set forth in the preceding paragraph will be determined separately by Company.
Article 5 (Free Trial)
1. Notwithstanding the provisions of the preceding paragraphs, the Company may provide a service that allows users to use this Service for free (“Trial Service”) within a certain period that is separately determined by the Company.
2. The User Company agrees in advance that the provisions of this Agreement shall apply even in the case of only using the trial service.
Article 6 (Copyrights)
1. All contents posted on this Website is owned by us. You may not use them without our written consent.
2. All rights such as the copyright of the video interviews created and submitted by the Job Seeker (including the rights prescribed in Articles 27 and 28 of the Copyright Law of Japan) shall be transferred to us.
3. With regards to the video interviews created and submitted by the Job Seeker, the Employer Company may not claim or exercise any rights (including the moral rights of the author) to the Company or anyone designated by the Company.
4. If the agreement of this Service is cancelled or terminated, or if the Job Seeker violates the prohibition, you shall agree in advance that the data of the video interviews prepared and submitted by the job seeker may be deleted by us without prior notice to you and the Job Seeker.
Article 7 (Prohibitions)
1. Employer Company shall not use this Service for the following business activities:
(1) Providing, soliciting, recruiting or the like for investments, agencies, or franchisees for the purpose of self-profit, such as network businesses
(2) Premium-rate telephone number services, dating sites (including sites with adult content on internet and mobile phones)
(3) Consumer financing
(4) Gambling and similar industries
(5) Activities related to recruitment of religious organizations and missionary activities
(6) Activities related to movement for political parties and organizations
(7) Other activities that we and this Website determine being inappropriate
2. Employer Company shall be prohibited from doing the following practices while using this Service:
(1) Using this Service for purposes other than the contents of Article 1.1
(2) Providing false or incorrect information
(3) Acts which slander, defame, threaten or are likely to slander, defame, threaten individuals or organizations
(4) Acts which infringing or are likely to infringe the rights of others including copyrights, trademark, or other intellectual property rights
(5) Using the information obtained through this Service beyond the scope and purpose of this Website by copying, selling, publishing, or other means, as well as disclosing or providing its information to a third party
(6) Demanding money to us or third parties or causing disadvantage or damage by using the information obtained through this Service
(7) Disturbing the smooth operation of this Service, damaging our credibility or reputation, or acts that might cause such events
(8) Criminal acts, acts that violate any laws and regulations, acts contrary to public order and morals, or acts that might cause such events
3. When the Employer Company’s action violates this Terms of Service or any laws and regulations, or Article 2(7) and 2(8), or upon our sole discretion, we can prohibit the Employer Company from using of all or part of this service, cancel its contract for this Service, or delete the video interviews created and submitted by Job Seekers from this Website, or take any and all other necessary measures.
4. Employer Company may not object to the Company against such measures stated in the preceding paragraph.
5. We shall be released from all liability for any failure to perform or incomplete performance of the Services, even if such failure or incomplete performance results from the measures set forth in paragraph 3 of this Article.
Article 8 (Use of Trademarks)
As long as the Company is operational, the Employer Company shall give us consent to use their name, logo, trademark, or any other information they specified (collectively, the “Trademarks”) free of charge.
Article 9 (Exclusion of Antisocial Forces)
1. Employer Company shall represent and guarantee the matters listed in each of the following items at present and in the future.
(1) The Employer Company, its executive director, or any person with substantial management rights (“Employer Company Director”) should not be an organized crime group, a member of an organized crime group, a former member of an organized crime group within the last five years, an associate member of an organized crime group, an affiliate of an organized crime group, a corporate extortionist, or a participant in any other antisocial forces (collectively, “Antisocial Forces”).
(2) The business activities of the Employer Company should not be controlled by Antisocial Forces.
(3) The Employer Company or any Employer Company Director should not have any affiliation (benefactor, protector, recipient, etc.) with Antisocial Forces.
(4) The Employer Company or any Employer Company Director should maintain credibility by not having any affiliation with Antisocial Forces.
2. In the event that the Employer Company falls into any of the items in the preceding paragraph, the Company may terminate this agreement without prior notice. The Company shall not be liable for any damage incurred as a result of such cancellation under this paragraph, and if we suffer any damage, the Employer Company shall be liable for such damage.
Article 10 (Disclaimer)
1. We shall not be responsible for the Employer Company how Job Seekers use this Site.
2. The use of this Service shall be in its sole discretion and responsibility of the Employer Company. We shall not responsible for any disputes between the Employer Company and its Job Seekers.
3. We shall not be responsible for any damage caused by system interruption, delay, suspension, or loss of data due to failure of communication lines, computers, etc., or unauthorized access to data, or any other damage caused to the you in relation to the Services on this Website.
4. We may modify, add, suspend, terminate (collectively, “Revisions”) the contents of this Service at any time for any reason. We shall not be responsible for any damage caused by such Revisions in this Service.
Article 11 (Indemnification)
If we incur costs or damages in connection with a claim arising from your act, or if we indemnify any damages, you shall bear such costs, loss, damages or the like (including attorney’s fees paid by us).
Article 12 (Protection of Intellectual Property Rights)
The content provided in this Service is protected by the law of copyright, trademark, design, and other intellectual property rights law.
Article 13 (Suspension of this Service)
1. This Service may be suspended by us if it falls into any of the following items or if we deem it would be appropriate. We shall not be liable for any damage to the Employer Company in the event of suspension of this Service.
(1) If there are any needs to maintain, inspect, repair, or update the data of our server, software, or other telecommunications equipment
(2) If there are any uncontrollable events such as equipment malfunction or the like.
(3) If natural disasters or any other emergency situations occur or will be likely to occur under the provisions of Article 8 of the Telecommunications Business Law and it is necessary to prioritize emergency communication for public interest
(4) If the telecommunications service is suspended by the telecommunications carrier, etc.
(5) If we have any reason to believe that the Employer Company interferes with or threatens to interfere the Company’s telecommunications facilities so that we may not be able to perform our operation
2. In case of suspension of this Service, we will notify the Employer Company of the reason and duration of suspension. However, this is not the case in the event of regular maintenance, temporary server downtime, or any other emergencies.
Article 14 (Termination of this Service)
1. The Company may, at its sole discretion, terminate any portion of or all of this Service.
2. In this case, the Employer Company of this Service shall be notified by us at least 1 month prior to the date of termination.
3. If the Employer Company cannot achieve the purpose of use of this Service due to its termination, the Employer Company can terminate this Service.
Article 15 (Cancellation and Termination of this Service)
1. Notwithstanding the foregoing, we may terminate this Service with an unilateral notice when the Employer Company falls into any of the following items:
(1) If you breach or threaten to breach in any of the term stipulated by us
(2) If you have been subject to a disposition such as attachment, provisional attachment, provisional disposition, or disposition of tax delinquency, or had personally filed or be filed for bankruptcy, civil rehabilitation
(3) If a bill or check is dishonored or becomes otherwise insolvent
(4) IF assigning all or important part of the business to another
(5) If a major change occurs in the business environment due to merger, abolition of business, etc
(6) If it is no longer possible to carry out the terms stipulated in this Terms of Service
2. Article 10 (Disclaimer), Article 11 (Indemnification), Article 12 (Protection of Intellectual Property Rights), Article 17 (Handling of Personal Information), Article 18 (Confidentiality), and Article 21 (Competent Jurisdiction)shall survive to apply even if this Terms of Service is canceled or terminated in accordance with the preceding paragraph.
Article 16 (Our Responsibility)
1. We shall not be liable for any damage to your property as a result of registering or using this Service.
2. We shall not be liable for any damage caused to you due to the inability to provide the Service due to virus damage that cannot be prevented by reasonable anti-virus measures that should normally be taken in relation to information handling operations, or due to force majeure such as fire, power failure, or natural disaster not attributable to us.
3. We shall not guarantee the accuracy of information concerning third parties, such as Job Seekers, and other information provided by third parties among information provided to you.
4. We shall not guarantee that this Website is free from errors or other defects, and that the server is free from harmful computer codes such as viruses, and that other infrastructure or systems used for providing this Service is free from defects.
Article 17 (Handling of Personal Information)
2. The Employer Company shall be responsible for managing the personal information of Job Seekers in accordance with the Personal Information Protection Law.
Article 18 (Confidentiality)
The Employer Company shall keep confidential information (information, scheme, know-how, program source code, etc. with respect to this Service) and personal information (including video interviews created and submitted by Job Seekers) strictly confidential except for our prior written consent, and shall not disclose them to any third party or use it for any purpose other than achieving the purpose of using the Services.
Article 19 (Restriction on Assignment of Rights)
1. The Employer Company may not assign, lent or use as collateral any rights and obligations granted under these terms and conditions without the prior written consent of us.
2. In the event that we causes a third party to succeed to the business relating to the Services due to business transfer or other reasons, we may transfer the status under the Terms of Service, the rights and obligations under the Terms of Service, the registration information of you using the Services and other information of you using the Services to the successor of the business, and you shall consent to such transfer in advance.
Article 20 (Amendment of the Terms of Service)
1. We may amend this Terms of Service by sending a notification to you (including a notification posted on this Website) in advance.
2. If you do not agree with such amendment, you must notify us of your intent within 1 month after the notification in the preceding paragraph.
3. Unless we receive such notice of disapproval as stipulated in Paragraph 2 of this Article, your continuous usage of this Service shall be deemed your acceptance to such amendment retroactively from the date of notification.
Article 21 (Competent Jurisdiction)
Any dispute, claim, or controversy relating to this Service and this Terms of Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court for the first hearing.
Article 22 (Contact information)
For inquiries regarding the Terms of this Service, please contact us at the following e-mail address.
Inquiries about this Service
Date of revision: March 9, 2020