PLEASE READ THIS DOCUMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY USING THE KONEX PLATFORM, YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS.
Effective March 2019
konex is the owner and operator of the konex Platform, which is a virtual marketplace through which Users can engage in Activities with each other for successful recruitment and to obtain certain rewards.
1.1 Definitions. In these T&Cs, the following terms have the respective meanings set forth below:
Activity means any activity between two or more Users by use of the konex Platform.
Ancillary Terms means all ancillary or additional terms or policies that may be provided and made available to Users from time to time by konex, such as Fees & Rewards, which shall be incorporated into these T&Cs and will constitute part of these T&Cs.
Antisocial Force has the meaning given to it in Clause 3.1(f).
Candidate means a User who seeks a Position.
Fees means, as the context requires, all fees payable by a User for certain Services pursuant to the Fees & Rewards Policy.
Fees & Rewards Policy has the meaning given to it in Clause 4.1.
Confidential Information means all information, in whatever form, including electronic format and oral communication, obtained by a User from another User or konex through the konex Platform on a confidential basis, but excludes any information that: (i) is or becomes generally available to the public other than as a result of its disclosure by a User in breach of these T&Cs; (ii) was, is or becomes available to the User on a non-confidential basis from a person not prohibited from disclosing the information to that User; (iii) was known to the User before the information was disclosed to it by another User or konex; or (iv) is developed by or for the User independently of the information obtained from the disclosing User or konex, and includes Platform Data and User Data.
Employer means a User that is registered in the konex Platform to conduct Activities for the purpose of hiring a Candidate (e.g., posting Positions, receiving profiles of, and applications from, Candidates, and engaging Konectors to help them find Candidates).
Discloser has the meaning given to it in Clause 9.1.
Industry Standards means the standards to which a Person providing or receiving similar services would be reasonably expected to comply.
Intellectual Property Rights or IPR means any patent, industrial design, copyright, trade mark, service mark, whether registered or unregistered, including all applications for protection thereof, artist and producer rights, database right, logo (including all neighboring and/or related rights) business methods, trade secret, rights in know-how or business methods (whether patented, patentable or not), right of confidence or industrial or ancillary property rights, in any part of the world and whether current or prospective, and any other similar right(s) whether or not vested, future or contingent, in any and all media now known or hereafter invented and Intellectual Property shall be construed accordingly.
konex means Konnex K.K. of Daiwa Akasaka Building, 2-14-5 Akasaka, Minato-ku, Tokyo 107-0052, Japan
Konector has the meaning given to it in the Fees & Rewards Policy.
konex Platform means the recruitment platform accessible through konex.work or other applications made available by konex to access the konex Platform.
Losses means any liabilities, losses, damages, penalties, fines, charges, costs, expenses and interest.
Platform Data means the data generated by the konex Platform, excluding User Data.
Position means an advertisement for employment with an Employer posted by the Employer on the konex Platform.
Post Activity Contract has the meaning given to it in Clause 2.2.
Rewards means the rewards payable by konex to each User involved in certain Activities upon satisfaction of certain conditions, pursuant to the Fees & Rewards Policy.
Services means any services provided by konex through the konex Platform.
T&Cs means these konex Terms & Conditions.
User means any individual or legal entity (whether corporation, partnership or otherwise) that is registered in the konex Platform. A User can be a Candidate, Employer, Konector, as determined by the use of the konex Platform, while being other types of User.
User Account means the registered account of a User on the konex Platform.
User Data means all data that are entered into by or on behalf of a User in the User Account and may include the User’s name, contact details, resume, work records and references.
2.1 Each User acknowledges and agrees that konex’s role with respect to any Activity is limited to provision of the konex Platform and the Services, that provision being governed by these T&Cs. Users are granted a limited, revocable license to access and use the konex Platform for the sole purpose of conducting Activities and receiving the Services.
2.2 Any agreement entered into by Users (including an employment contract) in connection with a Position successfully filled by a Candidate (“Post Activity Contract”) will be effective only between or among the relevant Users and any rights and obligations of such Users (or any other Users or konex) under these T&Cs will not be affected in any manner by such Post Activity Contract. Each User acknowledges and agrees that konex is under no duty or obligation to any party to any Post Activity Contract, nor has any liability in connection therewith, other than pursuant to these T&Cs.
3.1 User Warranties. In connection with any past, present or future Activity or any other use of the konex Platform, Users represent and warrant that:
(a) they comply, and their use of the konex Platform complies, with all applicable laws, including laws or regulations governing the collection, storing, processing or transfer of personal information, and these T&Cs;
(b) they are an individual 20 years or older (or have otherwise reached the age of majority in the jurisdiction in which they conduct business), and have all requisite authority and capacity to be bound by these T&Cs and engage in any Activity;
(c) if they are acting through an employee or agent, such employee or agent is fully authorized to engage in any Activity on behalf of such User and is bound by these T&Cs;
(d) their engagement in any Activity or any other use of the konex Platform does not infringe the rights of any other User or any third party;
(e) all information they publish, provide or otherwise disclose through the konex Platform including User Data is accurate, truthful, up-to-date and compliant in all respects with applicable laws and regulations;
(f) they (i) are not an organized crime group, rightist organization or any other antisocial organization or a member thereof (“Antisocial Force”), (ii) are not involved in the management, maintenance or operation of any Antisocial Force, and (iii) do not have any socially culpable relationship or interaction with any Antisocial Force.
3.2 konex Warranties. konex represents and warrants that it will take all reasonable steps to ensure that the konex Platform is available and secure from unauthorized access, however konex does not accept responsibility for ongoing, uninterrupted or fault-free access to the konex Platform.
3.3 Users acknowledge and agree that the konex Platform and all Services are provided on an “as is” and on an “as available” basis. Subject to Clause 3.2 above, konex makes no representations or warranties, whether express or implied, with regard to the konex Platform, any Services, User Data, Position or any other matters except where otherwise explicitly stated in these T&Cs. To the maximum extent permitted by applicable law, konex disclaims all express and implied conditions, representations and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose.
4.1 The structure of Fees and Rewards and Users’ rights and obligations in connection therewith will be set out at Fees & Rewards Policy and konex reserves the right to change this Fees & Rewards Policy (including the Fee and Reward amounts and scheme) without prior notice.
5.1 When using the konex Platform or otherwise receiving any Services, Users must not conduct or otherwise be involved in any of the following:
(a) any act or action that violates any applicable laws and regulations;
(b) publication, provision or disclosure of any information that promotes or endorses false or misleading information in the konex Platform;
(c) any act or action that are deceptive, fraudulent or threatening to konex, any other User or any third party;
(d) infringement of any IPR, portrait rights, privacy, reputation or other rights or benefits of the konex, other Users or other third parties;
(e) any act or action that may prejudice or compromise the security of the konex Platform or privacy of User Data, or impose an excessive burden on the network or system of the konex Platform;
(f) any act or action against public order and good morals;
(g) promotion, encouragement or facilitation of any sex work (including prostitution), violence, human trafficking or violation on human rights.
(h) Any other acts or actions that konex deems inappropriate.
6.1 Each User must safe-keep the ID and password for the User Account at its own responsibility and must not provide, disclose, transfer or assign either of them to any third party or otherwise allow any third party to access or use his or her User Account.
6.2 konex may (i) cancel or suspend any User Account or any Position posted by a User or any other Activity of a User, or (ii) refuse any request of re-registration by a User to the konex Platform, if:
(a) any of the representations and warranties by such User as set forth in Clause 3.1 turns out to be false or inaccurate;
(b) such User engages in any prohibited action set forth in Clause 5.1;
(c) such User otherwise violates these T&Cs (including, for the avoidance of doubt, any Ancillary Terms);
(d) such User becomes insolvent or any petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedures is filed by or against such User; or
(e) Konex otherwise determines necessary and appropriate.
Konex will not be liable to any User for any such cancellation or suspension, or any such refusal to re-register, or for failure to provide prior notice thereon.
6.3 Konex may suspend or discontinue any Services, in whole or in part, without prior notice to Users, in case of inspection or maintenance of the computer system, disruption of the communication line or network, force majeure including earthquake, lightning, fire, power blackout and other disasters, or any other event where Konnex determines as necessary to suspend or discontinue such Services. Konnex will not be liable for any such suspension or discontinuation.
7.2 Subject to these T&Cs, each User grants other User(s) a limited and revocable license to use its User Data that such User chooses to make available to such other User(s) and any IPR therein for the sole purpose, and only to the extent reasonably necessary, to conduct Activities.
7.3 Users acknowledge and agree that the konex Platform and Platform Data are the property of konex and include or constitute Intellectual Property Rights of konex, and, except explicitly stated in these T&Cs, they have no rights or claims whatsoever in connection with the konex Platform or Platform Data. To the extent required, Users will assign to konex any right they may have in connection to konex Platform and Platform Data.
8.1 Users acknowledge and agree that: (i) they use the konex Platform at their own risk and that konex is not responsible for any Losses arising out of or in connection with any use of the konex Platform including the conduct of any Activity with any other User(s); and (ii) that konex provides no guarantee of a successful outcome of any Activity (including successful fulfilment of Position, employment or receipt of Rewards).
8.2 In no event will konex be liable to any Users for any Losses of indirect, consequential, incidental or punitive nature, including lost profits, even if konex has been advised of the possibility of such Losses.
8.3 konex’s liability to a User with regard to the provision of Services or otherwise in connection with the provision of konex Platform shall be limited to the amount of the Charges paid by that User under these T&Cs with regard to the relevant Service that has given rise to such liability (or JPY 500,000 in the case of absence of such Charges).
8.4 Each User agrees to indemnify konex from claims by any other User or any third party brought against konex in connection with any Losses that such other User or third party purports to have incurred as a result of, or in connection with, its own Activity or any other use of the konex Platform.
9.1 Users acknowledge and agree that:
(a) Confidential Information is secret, confidential and valuable to other Users or konex who disclosed it (“Discloser”);
(b) Each User owe an obligation of confidentiality to the Discloser to keep Confidential Information and treat it with the same level of care as it would treat its own confidential information and, in any event, with reasonable care consistent with Industry Standards; and
(c) Each User must not disclose Confidential Information to any third party except without the express written permission of the Discloser.
10.1 Amendments. konex may from time to time amend these T&Cs (including, for the avoidance of doubt, any Ancillary Terms), in whole or in part, by publishing such amendment (or an amended version) on the konex Platform to come. When these T&Cs are amended, Users will be invited to accept such amendment before continuing to use the konex Platform. Upon acceptance, all amendments will automatically be incorporated into these T&Cs and the latest version of these T&Cs will start to apply.
10.2 Precedence. To the extent of any inconsistency between the terms set forth herein and any Ancillary Terms, the Ancillary Terms shall prevail.
10.3 Severability. If any provisions of these T&Cs (including, for the avoidance of doubt, any Ancillary Terms) are found to be void or unenforceable, such provisions will be deemed to be deleted from these T&Cs and the remaining provisions of these T&Cs will continue to apply.
10.4 Governing law and jurisdiction. Agreements shall be construed in accordance with and governed by, the laws of the Japan and any dispute or claim arising out of or in connection with an Agreement that cannot be resolved by the Parties reasonable best efforts to resolve amicably, can be referred by a Party to the exclusive jurisdiction of the Tokyo District Court for adjudication.