Chapter 1 General Provisions
Article 1 (Application of Terms and Conditions)
1.
These Terms and Conditions (“Terms”) sets forth the terms and conditions between you (“Member,” “you,” or “your”, including applicants for the Service) and Nowcast Inc. (“NC,” “we,” “our,” or “us”) which govern your access and use of "HRogWageNow" (“Service"). The Service is subject to expansion, modification, or cessation in the future.
2.
Member’s access to and use of the Service is conditioned upon Member’s acceptance of and compliance with these Terms. Please read these Terms carefully before registration for the Service.
3.
In case there are terms and conditions for specific services, these Terms shall apply directly or with appropriate modifications to such separate terms and conditions, unless otherwise specified or contrary to their nature. If any provision of these specific service terms and conditions differs from these Terms, the provisions of the specific service terms and conditions shall take precedence.
4.
By accessing or using the Service, Member agrees to be bound by these Terms, and the agreement between Member and NC concerning the use of the Service ("Agreement") shall be deemed to have been established.
Article 2 (Scope of Terms and Conditions)
These Terms apply to all matters related to the use of the Service and its contents and systems.
Article 3 (Delegation)
NC may delegate all or part of the business related to the provision of the Service to Member to its partners, as necessary.
Chapter 2 Members
Article 4 (Types of Membership and Service Content)
1.
There are three types of membership:
2.
The content of the Service provided is as follows:
(1)
Delivery of index data calculated and provided by NC.
(2)
Other services determined by NC to be provided to Member.
3.
The service content available for Member according to the type of membership set forth in Paragraph 1．of this Article are as follows:
(1)
Paid Member: all services described in the preceding paragraph
(2)
Free Member: separately determined services provided by NC to each Free Member
(3)
Trial Member: all services described in the preceding paragraph
Article 5 (Membership Registration)
1.
Applicants of the Service shall follow the procedures prescribed by NC, and the usage agreement shall be established when NC accepts the application.
2.
NC may not accept membership registration in the following circumstances, and will not disclose the reason for its decision if it does not accept registration. Applicants have no right to object to the result of the decision.
(1)
When the applicant does not actually exist
(2)
When contact cannot be made to the telephone, FAX, email, address, etc., provided by the applicant
(3)
When it becomes clear that the registration information is false or inaccurate
(4)
When the applicant has had the use of services operated by NC (including, but not limited to, the Service and specific services) suspended due to breach of regulations, etc., or when NC determines that the applicant does not meet the qualifications for membership registration
(5)
When there are obstacles in business operation or technology
(6)
When NC deems the applicant unsuitable for membership
Article 6 (Changes in Registration Information)
1.
Member shall promptly notify NC of any changes in their registration information using the prescribed method. However, due to administrative reasons, it may take several days for the change to take effect after the change procedure has been completed.
2.
NC shall not be liable for any damages incurred by Member during the period before the notification described in the preceding paragraph is given or if Member fails to give such notification.
3.
NC may suspend the use of the Service based on the results of its examination of the changes.
Article 7 (Management of ID and Password)
1.
The ID provided by NC ("NC-ID") and the password and other symbols used in conjunction with the NC-ID, as well as any information necessary for Member's right to use the Service to be recognized, are together referred to as "Individual Authentication Information," and the confirmation of the right to use the Service using Individual Authentication Information is referred to as "Individual Authentication".
2.
Member shall be solely responsible for managing their Individual Authentication Information and shall not allow others to use their Individual Authentication Information or Individual Authentication-based Service rights, nor share or license them to others. The use of the Service and all acts
associated with Member's Individual Authentication (including circumstances where Individual Authentication is performed and others can use the Service without Member's involvement due to always-on services, equipment or network connections/settings) shall be deemed to be use and acts by Member, regardless of whether they were performed by Member themselves, and Member shall bear all obligations and responsibilities.
3.
NC does not guarantee the functionality or quality of connections made by multiple people using the same Individual Authentication Information simultaneously or by using multiple Individual Authentication Information from the same terminal at the same time.
Article 8 (Responsibilities of Members, etc.)
By accessing or using the Service, Member agree to the following:
(1)
To comply with these Terms
(2)
To follow the procedures stipulated by NC when using the Service, if any
(3)
When using the content, Member shall make their own judgments on the reliability, accuracy, completeness, usefulness (merits), etc. of the content, and act under their own responsibility.
Article 9 (Prohibited Acts)
1.
Member shall not, without prior written consent from NC, transfer, assign, or pledge all or part of their position under these Terms, rights, or obligations based on these Terms to a third party.
(1)
To comply with these Terms
(2)
To follow the procedures stipulated by NC when using the Service, if any
(3)
When using the content, Member shall make their own judgments on the reliability, accuracy, completeness, usefulness (merits), etc. of the content, and act under their own responsibility.
2.
Member shall not engage in the following actions regarding the use of the Service:
(1)
Acts that infringe or may infringe on the rights of NC or others.
(4)
Unauthorized downloading (including downloading a quantity and frequency of content that is clearly abnormal for the intended use) or web scraping of content provided by the Service (including acts defined in Article 47-7 of the Copyright Act).
(5)
Acts that lead to crimes such as fraud or acts related to criminal activities.
(6)
Acts that interfere with the use or operation of the equipment for NC's services or the Service (including communication facilities, communication lines, electronic computers, and other equipment and software prepared by NC for providing the Service, as well as other similar items in these Terms).
(7)
Acts that violate laws, these Terms, or public order and morals, hinder the operation of the Service, damage the credibility of NC, or infringe on the property of NC or others.
(8)
Redistributing, lending, or selling the Service to others without NC's consent.
(9)
Using malfunctions or failures of the Service for illegal purposes or transmitting them to others.
(10)
Any other acts that NC deems inappropriate.
Article 10 (Personal Information)
NC will handle Individual Authentication Information, registration information, and information about Member obtained by NC in connection with the use of the Service in accordance with the privacy policy of the Service.
Article 11 (Special Member)
1.
In addition to the types of membership specified in Paragraph 1．of Article 4 (Types of Member and Service Content), NC may establish Special Member, including the following two types:
2.
When establishing Special Member as mentioned in the preceding paragraph, NC may separately prescribe provisions regarding the qualifications and rights and obligations of such member.
Chapter 5 Use of Service
Article 14 (Equipment, etc.)
1.
Member shall bear the cost and responsibility for the communication charges required for using the Service and the equipment necessary for using
the Service (such as computers, communication equipment, software, and a high-speed internet connection) at their own expense.
2.
NC will separately provide information about the Service's usage environment. Member agrees that NC may change programs, communication methods, and information content to improve the quality of the Service.
3.
Member acknowledges that if their equipment does not conform to the usage environment specified by NC, they may be unable to use the Service. Additionally, Member understands that, despite meeting the usage environment requirements, certain configurations or computer settings may still prevent them from using the Service.
Article 15 (Email Service)
1.
NC is not responsible for undelivered, delayed, garbled text, or multiple sending of the same email when sending emails to Member as part of the Service.
2.
NC will not resend emails that Member has deleted or lost.
3.
Member changing their registered email address acknowledges that it may take some time for the changed email address to become effective, and until then, emails from NC will be sent to the old email address. Member agrees not to request resending or similar actions from NC.
Article 16 (User Support)
1.
Inquiries regarding the Service may be made through the designated inquiry contact.
2.
Inquiries about the Service may be handled by affiliated partners.
3.
Due to privacy concerns, NC will not respond to inquiries, changes, or requests for withdrawal of Individual Authentication Information. Since NC encrypts passwords, even if Member requests information about their password, NC cannot provide an answer.
Article 17 (Restrictions on the Use of the Service)
1.
Member understands that depending on the application method or means, they may face constraints such as being unable to use specific services.
2.
NC reserves the right to create regulations related to Member' service usage, such as access times, as needed.
3.
If Member terminates the Service contract under Paragraph 1．of Article 20 (Termination), or Paragraph 1．of Article 21 (Suspension of Use),
Member may not inherit the rights of the Service under the terminated agreement even if Member uses the Service again in the future.
4.
NC may provide the Service through third-party information vendors. In such cases, Member acknowledges that they may not necessarily have
access to all content or services through these vendors.
Article 18 (Notifications to Member)
1.
Notifications from NC to Member will be made through methods deemed appropriate by NC, such as posting on the Service or sending emails.
2.
In the case of notifications from NC to Member based on the provisions of the preceding paragraph through posting on the Service or by email, the effectiveness of the notification shall occur from the time of posting on the Service or sending the email.
3.
Member is obligated to regularly check notifications from NC, and NC assumes no responsibility for any damages incurred by Member due to their failure to check such notifications.
Chapter 6 Changes to Term; Termination, and Changes to the Service, etc.
Article 19 (Changes to Terms)
1.
NC may supplement, modify, or delete any of these Terms ("Revision") at any time without obtaining the consent of Member if NC deems it necessary. Member agrees that NC may make changes to these Terms and that the conditions for using the Service is based on the revised Terms and Conditions.
2.
When making Revision under the preceding paragraph, NC will notify Member in advance of the content of the revised Terms and Conditions through the method specified in Paragraph 1．of Article 18 (Notifications to Member).
3.
Except as separately stipulated by NC, the revised Terms and Conditions become effective from the time of posting on the Service or sending by email.
Article 20 (Termination)
1.
If Member wishes to terminate this Agreement midway, they must notify NC in writing (including electronic methods such as email) one (1) month before the desired cancellation date, and this Agreement will be terminated at the end of the month following the notice. Member must pay the fees up to the end of the termination month (no prorated calculation of fees will be made).
2.
NC is not responsible for any damages caused to Member by actions taken by NC under this Article.
Article 21 (Suspension of Use)
1.
NC may suspend Member’s use of the Service (or terminate this Agreement) without prior notice or notification to Member if NC determines that any of the following applies to Member:
(1)
If there are complaints or claims against NC from others regarding Member’s use of the Service, and NC deems it necessary.
(2)
If contact cannot be made by phone, fax, email, etc.
(3)
If a mail sent to Member is returned to NC.
(4)
If Member has been subject to criminal penalties or the like due to a violation of laws, etc.
(5)
If Member becomes unable to pay or stops payment.
(6)
If checks or promissory notes bounce.
(7)
If there is a petition for seizure, provisional seizure, or auction, or if measures for non-payment of public dues have been taken.
(8)
If bankruptcy or civil rehabilitation proceedings are applied for or if there is a serious concern about creditworthiness.
(9)
If Member breaches Article 9 (Prohibited Acts) or is decided by NC to have the possibility of breach.
(10)
If, in addition to the previous item, Member breaches these Terms, and after NC has demanded correction, it is not corrected within a
reasonable period.
(11)
If the use of the Service is absent for a certain period.
(12)
If, when there is a free trial period for a paid specific service, the paid registration for that specific service does not happen after the expiration
of that period (however, in this case, the suspension of use is limited to that specific service).
(13)
In other cases where NC deems it necessary to terminate this Agreement.
2.
NC will not accept any questions or complaints regarding measures taken by NC to suspend the use of the Service (or terminate this Agreement).
3.
If this Agreement is suspended (terminated), any obligation of Member becomes immediately due and payable, and Member must promptly fulfill all obligations (including unpaid usage fees) owed to NC at that time.
4.
If Member causes damages to NC due to a breach of Article 9 (Prohibited Acts) or any of the items in Paragraph 1．of this Article, NC may claim compensation for the damage suffered from Member, regardless of whether this Agreement is terminated.
5.
Even if Member incurs damages due to NC's termination of this Agreement, NC is not responsible for any such damages.
Article 22 (Changes, Suspension, etc. of the Service)
1.
NC may, without prior notice, change or add to the content of all or part of the Service if it aligns with the general interests of Member. Additionally, even if such changes do not align with the general interests of Member, NC may make changes if: they do not contradict the purpose of this Agreement, they are deemed necessary, the post-change content is reasonable, or that other circumstances related to the changes are considered rational.
2.
Despite the provisions of the preceding paragraph, if there are significant changes to the Service, NC will notify Member in advance about the content of the changes through the method specified in Paragraph 1．of Article 18 (Notifications to Member). However, this does not apply in the case of urgent changes.
3.
NC may suspend or interrupt all or part of the Service without prior notice under the following conditions:
(1)
Regular inspection and maintenance of systems related to the Service are required.
(2)
Failures or accidents occur in computers or communication lines.
(3)
It becomes difficult to provide the Service due to force majeure such as fires, power outages, or natural disasters.
(4)
Other cases where NC deems it necessary to suspend or interrupt.
4.
NC may terminate the provision of the Service at its convenience. In such cases, NC will notify Member in advance (normally one week in advance, except in cases of urgency).
5.
NC is not responsible for any damages caused to Member by measures taken by NC under this Article unless there is willful misconduct of NC.
Chapter 7 Miscellaneous
Article 23 (Term)
The effective period of this Agreement shall be from the date of commencement of the use of the Service until the end of the month one year thereafter. Following the initial term, this Agreement will automatically renew by consecutive one (1) year periods, unless Member provides NC with a written notice of non-renewal at least thirty (30) days prior to the expiration of the then current term.
Article 24 (Assignment by NC)
NC may assign its position under this Agreement and specific service agreements to a third party without consent of Member, with prior notice on NC’s service platform. NC has the right to transfer and delegate the rights and obligations stipulated in this Agreement to a third party.
Article 25 (Disclaimer and Indemnification)
1.
(NC's Disclaimer)
NC's liability to Member regarding the Service is limited to operating the Service with the care of a good administrator so that Member may use the Service without hindrance. NC shall not assume any responsibility or be liable for damages resulting from, or incurred in connection with or based upon any of the following circumstances, unless there is willful misconduct or gross negligence of NC:
(1)
Damages incurred by Member or other third parties due to the use of the Service or related disputes among Member and others, and damages incurred by Member or other third parties due to the inability to use the Service (for the purpose of this paragraph, including but not limited to the damages specified below).
(2)
Results of actions taken by NC in accordance with the provisions of these Terms.
(3)
1) Force majeure events beyond the reasonable control of NC, such as system malfunctions, failures, troubles, power outages, abnormal communication lines, and 2) loss or disappearance of data, such as Individual Authentication Information, personal information, and other Member-related data, resulting from system malfunctions.
(4)
The obligation of Member to pay for all expenses incurred by Member due to changes in the Service, including but not limited to telephone charges and fees based on contracts with service providers.
(5)
Issues that may arise, such as malfunctions, during the installation of programs when using the Service.
(6)
Damages suffered by Member or third parties due to changes, suspension, or termination (cessation) of the content of the Service.
2.
(Member's Obligation)
Member is responsible for the following matters, and NC assumes no liability:
(1)
Social, mental, or physical damages incurred by Member themselves due to deviating from appropriate use.
(2)
Acts and results on the service using their own Individual Authentication Information, and damages incurred by Member or third parties due to the use of their Individual Authentication Information by others.
(3)
All acts and results of using the Service and the information obtained through it.
(4)
Costs incurred by Member due to changes in the Service, etc.
3.
(No Warranty for the Service)
Member hereby agree and acknowledge that NC provides the Service on an “as is” and “as available” basis, and nothing in this Agreement shall be construed as a warranty or representation by NC, whether expressed or implied, as to the accuracy, completeness, sufficiency, suitability, merchantability, profitability, fitness for a particular purpose or other characteristics of the Service or the information obtained through the use of the Service.
4.
(Use of Information Obtained Through the Service)
The contents of the Service are not intended for investment solicitation. Member is expected to use the information obtained from the Service at their own discretion and responsibility. NC and its partners do not take any responsibility for the accuracy, usefulness, or results of investments based on the information provided through the Service.
If the Service links to other websites, NC does not manage or operate those websites and is not responsible for the availability of external sites or resources. NC is not liable for any damages arising from the content, advertisements, products, services, etc., available on those sites or resources.
6.
In case of disputes or damages caused by Member in the use of the Service, Member is responsible for resolving the issues at their expense.
7.
If Member causes damage to NC due to their actions in using the Service, NC may claim damages against Member.
8.
Even if a part of this Article is deemed invalid by applicable laws, the other provisions shall remain in effect.
9.
Notwithstanding the provisions of this Article, NC shall be liable for damages limited to Member's ordinary and direct damages, if NC's disclaimer under these Terms is be recognized due to mandatory regulations, final court judgments, or there is willful misconduct or gross negligence of NC.
Article 26 (Breach of these Terms, etc.)
1.
If Member breaches or is likely to breach these Terms, or if NC receives complaints or claims from third parties regarding Member's use of the Service and deems it necessary, NC may request Member’s cooperation in the investigation, and Member shall cooperate. Furthermore, if deemed necessary for other reasons, NC may take one or more of the following measures against Member:
(1)
Request to stop acts that breach or are likely to breach these Terms, and not to repeat similar acts.
(2)
Request to engage in discussions (including alternative dispute resolution procedures) for the resolution of claims and demands with third parties.
(3)
Deletion of all or part of Member-generated content.
(4)
Any other necessary response.
2.
NC has no obligation to take the measures specified in the preceding paragraph, and shall not be liable for the results arising from such measures.
3.
Member acknowledges that the measures specified in Paragraph 1．of this Article may be taken by NC at its discretion without prior notice.
Article 27 (Governing Law and Jurisdiction)
Any and all disputes arising out of or in connection with these Terms between NC and Member shall be subject to the exclusive jurisdiction of the Tokyo District Court. These Terms shall be governed by and construed in accordance with the laws of Japan.
Article 28 (Original Text and Headers)
1.
These Terms are originally in Japanese, and are translated into English for reference purposes only. If there is a discrepancy between the Japanese text and the English text, the Japanese text will govern.
2.
Headings and captions used in these Terms are for reference purposes only and will not have any effect on the interpretation of these Terms.
Article 29 (Entire Agreement)
Member and NC acknowledges that these Terms constitute the entire and only agreement between both Parties relating to the subject matter of these Terms, and supersedes all previous or contemporaneous agreements and commitments relating to the subject matter hereof between Member and NC, whether in writing or orally, before the conclusion of this Agreement.
Article 30 (No Waiver)
1.
The failure of either party to demand the performance of any provision of these Terms or any delay in such demand shall not be construed as having any adverse effect on that provision.
2.
The waiver by either party of the rights to a breach of any provision of these Terms does not mean that the party has waived its rights to a subsequent breach of the same provision.
Article 31 (Severability)
If any provision of these Terms should, for any reason, be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and such invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that achieves the original intention of both parties.
Article 32 (Exclusion of Anti-Social Forces)
1.
Member represents and warrants that they do not fall under any of the following categories: an violent gang, a violent gang member or a person who has not yet reached 5 years since ceasing to be violent gang member, a gang-related subordinate, a member of gang-related companies, a racketeer, a social activist posing as a labor union member, a special intelligence violent group, a terrorist, and any of those designated by the Japanese or foreign governments as subjects of economic sanctions (together, "Violent Gang"), a Violent Gang Associate, and any other similar person (together, "Anti-Social Forces"). Member further represents that they will not belong to these categories in the future and will not engage in unfair demands, threatening behavior, or actions that damage the credit or hinder the business of both parties, either personally or by using third parties.
2.
If NC suspects that Member has breached the provisions of the preceding paragraph, NC may refuse Member’s application for using the Service, temporarily suspend the use of the Service based on these Terms, or take other measures. In such cases, Member shall compensate NC for any damages incurred. In the event of a temporary suspension of service usage, Member acknowledges that they may not use the Service until NC permits the resumption of use.
3.
Even if Member incurs damages due to the application of the provisions of the previous paragraph, Member agrees not to claim such damages against NC.
4.
The term "Violent Gang Associate" in Paragraph 1．of this Article means a person who falls under any of the following:
(1)
A person with a recognized relationship in which Violent Gang control management.
(2)
A person with a recognized relationship in which Violent Gang are substantially involved in management.
(3)
A person with a recognized relationship that is considered to be unfairly using Violent Gang for the purpose of gaining illicit profits for themselves or third parties, or causing damage to third parties.
(4)
A person with a recognized relationship in which funds are provided to Violent Gang or convenience is provided, etc.
(5)
A person with a recognized relationship with Violent Gang or others that are socially condemned.
(6)
A person who unfairly expands their own profits by taking advantage of the fundraising activities of Violent Gang or using their power, information, funds, etc.
