JAC Members Application Terms of Use

JAC Members Application Terms of Use

Article 1 General Provisions

1. The JAC Members Application Terms of Use (hereinafter referred to as "these Terms") are intended to stipulate the conditions that apply when Japan Association for Construction Human Resources use this application and the services set out in Article 2 when applying The Specified Skills Evaluation Exam for Construction Industry (hereinafter referred to as "the Test") conducted by the General Incorporated Association Construction Job matching information Organization (hereinafter referred to as "our organization"), obtaining a certificate of passing, applying to participate in events, browsing job information, using the bulletin board function, etc. Furthermore, by starting to use this application, you are deemed to have agreed to these Terms.
2. These Terms are effective for all users of the Application and will remain in effect and legally binding until these Terms are abolished or the user cancels the Service, etc.

Article 2: Definitions of Terms

1. The "JAC Members Application" (hereinafter referred to as "this Application") refers to an application that enables users to apply to take The Specified Skills Evaluation Exam for Construction Industry and obtain a certificate of passing, apply to participate in events, view Job matching information, and use message board functions, etc., via smartphone.
2. "User" refers to any legal entity or natural person who downloads the application provided by our organization onto their smartphone and uses the application.
3. "This Service" refers to the provision of this Application in a state where it is available to Users, and the services that our organization provides to Users through this Application.
4. "This Service, etc." refers to this Application and this Service.
5. "Software" means software and other materials, including modules, components, features and functions provided by us, whether or not provided as part of the Application, and whether or not provided for a fee.
6. "Updates" refers to security fixes, hot fixes, patches, and other updates (including new features, new functions, and other modifications released during upgrades) provided to users by the Company when the Company determines that an update is necessary.
7. "Upgrade" means a new version of the Offering, or an add-on to the Offering, or an additional product related to the Offering, that is provided to the User by the Organization when the Organization determines that an upgrade is necessary.

Article 3: Use of the Service

1. This application can be used by installing it on a device such as a smartphone that is capable of running the application.
2. This service can be used through this application.
3. In using the Service, the User agrees to these Terms and Conditions and shall use the Service in accordance with these Terms and Conditions.
4. The User shall use the Services etc. for himself/herself and shall not allow any third party to use the Services etc.
5. Users shall be responsible for managing their own accounts, passwords, etc. necessary to use the Service.
6. The user shall bear the communication costs associated with the use of this service, etc.
7. The handling of the application and data, including users' personal information, by the Organization will be in accordance with the Organization's Personal Information Protection Policy. The information entered when registering an account will be provided to the recruiting companies registered in this application, and will be stored and used only for contact from the Organization (event information, requests for cooperation in surveys, and other necessary confirmation regarding the use of this application) and for business necessary to achieve the Organization's objectives.

Article 4: Account

1. By having the User input information specified by the Organization through the Application, the Organization may issue the User an account necessary for the User to use the Services, etc.
2. The User agrees that any account provided to the User by the Organization is exclusive, non-transferable, and cannot be provided to a third party, whether for a fee or free of charge, and that the User will use the account within the scope of the Organization's intellectual property rights.
3. You are responsible for the security of your account and for all activities that occur in connection with your account.
4. You warrant that your Account information is and will remain true and complete.

Article 5: This Application

1. When installing and using the Application on a smartphone, the Application will be provided for download via electronic means at the discretion of the Organization, or delivered to the user by a third party authorized by the Organization.
2. Regardless of the method or manner of delivery of this Application, our organization is not obligated to bear any loss or other liability incurred by users or other persons due to delayed delivery or incorrect delivery.
3. After the User has installed the Application, the Organization may provide updates or upgrades to the Application, and the method of provision will be the same as in paragraph 1. The User must use the latest version of the Application, and the Organization shall not be liable for any malfunctions caused by the use of any version other than the latest version of the Application.

Article 6: Quality of the Service

The quality of the Service provided will be on a best effort basis, and the completeness of functions such as connectivity, information storage, and app operation/storage is not guaranteed.

Article 7 Suspension of Services, etc.

1. If a user falls under any of the following categories, the organization may suspend the user's services without prior notice.
   
   1. If the user violates these terms and conditions
   2. If the organization determines that the user is continuously placing a burden on other users or third parties
   3. When there is a suspicion of infringement of a third party
   4. When it is considered appropriate to suspend the service for reasonable reasons
2. In the following cases, the Organization may suspend the Services without prior notice.
   
   1. In the event of an incident such as an attack by a third party
   2. When we believe it is appropriate to suspend your access for legal reasons
   3. If the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fires, storms, floods, power outages, and other natural disasters
   4. If the organization decides to suspend the Service

Article 8 Cancellation of Services

1. When the User cancels the Service, etc.
   
   1. The User may cancel the Service by deleting the Account in accordance with the method specified by the Organization and deleting the Application from the device on which it is installed.
2. If any of the following items apply, the Organization may cancel the Services without prior notice.
   
   1. When the user violates these terms or there is a legitimate reason to believe that the user has violated these terms
   2. If the person is suspected to be involved in or complicit in fraud, crime, or other antisocial activities
   3. Any services we provide to you may be impractical or unfeasible due to applicable law or legal reasons.
   4. When a petition for bankruptcy, civil rehabilitation, corporate reorganization, or special rehabilitation has been filed against the user, or the user is in a similar situation

Article 9: Procedures after suspension or cancellation of the Service

1. In the event that use of the Service, in whole or in part, is suspended, the User shall use the Service only upon consent to the following items.
   
   1. The Organization shall not be liable for any damages suffered by users or for any complaints that arise as a result of the suspension of the Services, etc.
2. In the event that a User cancels the use of the Service, in whole or in part, the User shall agree to the following items before using the Service.
   
   1. These terms and conditions will remain in effect for the user until the date of termination.
   2. Once the cancellation date has passed, the User will lose their rights to use the Service.
      

Article 10: Prohibition of transfer of rights and obligations

Users may not transfer or pledge their status under these Terms and Conditions, or any rights or obligations arising from these Terms and Conditions, to a third party.

Article 11 Operation and Maintenance

In order to ensure the safe and smooth operation of the Services, etc., Users shall agree to the following basic terms regarding operation and maintenance.

• During unforeseen periods, due to power outages, system failures, or other reasons, some or all of the Services may be suspended and may not be able to be provided to Users.
• The Service may be temporarily suspended due to system updates and repairs that are periodically implemented by the Organization.
• The Organization may change the Software, etc. provided to Users by periodic updates to the Services, etc. If such changes cause the User's Content and Applications to no longer function, the User will be required to make additions and modifications to conform to the changed specifications at his/her own expense.

Article 12 Intellectual Property Rights

1. The Organization reserves all of the following rights and interests (intellectual property and ownership rights):
   
   1. This Service
   2. Applications, content and intellectual property provided by the Organization through the Services, etc.
   3. Rights to documents, tools, and services related to the Service, etc., excluding open source licenses
      
2. During the use of the Service, etc. or after termination, the User shall not make a claim against the Organization for infringement of patents or intellectual property rights, nor grant such rights to a third party and have a third party make a claim for infringement.
   

Article 13 Disclaimer

1. The Organization makes no explicit or implied guarantee that the Services, etc. are free from factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.).
2. The Organization shall not be liable for any damages incurred by the user due to the Service, etc. However, this disclaimer shall not apply if the contract between the Organization and the user regarding the Service, etc. (including these Terms) is a consumer contract as defined by the Consumer Contract Act.
3. Even in the case of the proviso in the preceding paragraph, the Organization shall not be liable for any damage incurred by a user due to breach of contract or tort caused by the Organization's negligence (excluding gross negligence), including damage arising from special circumstances (including cases where the Organization or the user foresaw or could have foreseen the occurrence of the damage).
4. The Organization shall not be liable for any transactions, communications, or disputes that arise between users and other users or third parties regarding the Service, etc. Article 14 Restrictions on Use of the Service, etc.

Article 14 Restrictions on use of the Service, etc.

The User agrees to comply with the following items when using the Service, etc.

• Not to share this service with any third party
• Not to disclose IDs and passwords used to use this service to third parties
• Do not use the Services by impersonating another person.
• The user's registration information for the Service, etc. is accurate and complete
• Not to violate, abuse or infringe on any rights of the Organization or any third party.
• Not to violate privacy rights, publicity rights, defamation, or other private or public rights.
• Not to transmit any content that is obscene, child pornographic or child abuse.
• Not to be used for any illegal activities, to libel or slander, or to take part in any illegal or personal or collective harm, or to discriminate on grounds of race, sex, religion, nationality, disability, preference, or age.
• Content and applications must not contain any harmful material
• The Service, etc. shall not be included in the products, services, events, etc. provided by the User.
• Not to copy, transfer, disclose, lend, distribute, modify, decompile, disassemble, or reverse engineer the Service, etc. to a third party.
• Not to engage in spam or prank activities that the Organization determines may cause inconvenience to third parties
• Not to transmit harmful programs such as computer viruses
• Not intentionally placing a burden on the equipment of other users or third parties
• Not to be used for illegal gambling
• Not to be used for advertising, promotion or solicitation
• Not to engage in any other acts that violate laws and regulations

Article 15: Exclusion of anti-social forces

1. Users warrant that they are not, in the past, present or future, associated with anti-social forces (this refers to a criminal organization, a member of a criminal organization, a person who has been a member of a criminal organization within the last five years, a associate member of a criminal organization, a company related to a criminal organization, corporate racketeers, etc., swindlers pretending to be social activists, or organized crime groups with specialized intelligence, or any other person equivalent to these), and will not engage in any acts that violate or are likely to violate laws and regulations, such as violent acts, fraudulent acts, intimidation acts, or acts of obstruction of business.
2. If the user violates the provisions of the preceding paragraph, the Organization may take measures such as suspending the user's use of the Service, etc., or deleting the user's registration without prior notice. The Organization shall not be held liable for any disadvantage or damage caused to the user as a result of this.

Article 16: Management and backup of user data

The User shall be responsible for managing and backing up any documents, images, data, recording files, and settings information used by the User.

Article 17: Notice

1. Any notice to the user based on these terms will be sent to the email address entered by the user at the time of registration, or posted on a web page designated by our organization, or both.
2. If there are any updates to the user's registration information for this service, etc., the user must promptly notify the organization.
3. Email addresses are managed strictly in accordance with the Personal Information Protection Policy. Furthermore, the Organization shall not be liable for any damages incurred in the event that a user does not receive notifications from the Organization due to an incorrect entry of an email address by the user, or non-notification or inadequacy of updates.

Article 18: Changes to Terms

These terms may be changed due to circumstances of the Organization without prior notice to users. In this case, the changed terms will be posted on the Organization's website, and users will be deemed to have agreed to the changed terms when they are published. Users should regularly check the Organization's website to check for changes to these terms.

Article 19: Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.

Article 20 Jurisdiction

In the event of any litigation dispute arising from these Terms and Conditions, the Tokyo District Court shall be the court of first instance with exclusive jurisdiction.