Terms of Service
Effective as of January 01, 2021
- FlexWork, Inc. is an online job discovery service which matches users (“Talent”) with vetted employers (“Clients”)
What are these Terms of Service
- These Terms of Service set out the terms on which: a. we offer the website (and any website maintained by us including without limitation the website at www.goflexwork.com. its subdomains and associated digital properties or social networking profiles (together, the “Website”); and b. you agree to use the Website.
- Please review these Terms of Service carefully and make sure that you understand them before using the Website. If you do not agree to these Terms of Service, you must cease use of the Services and the Website immediately.
Acceptance of these Terms of Service
- By using the Website, you accept and agree to be bound by these Terms of Service.
- FlexWork, Inc. may at any time modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you at the email address entered by you into the registration form on the Website or on the email associated with any social login used to enter this Website and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to you, you agree to be bound by such changes.
- You can review the most current version of our Terms of Service at any time by clicking on the “Terms of Service" link located at the bottom of the Website. It is your responsibility to ensure that you are familiar with the current Terms of Service. You are advised to check the above links on a regular basis.
Limitations on use
- You must be at least 16 years old to use the Services or the Website, or, if you are not at least 16, you may download and/or use the Services or Website only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download or use the Services or Website.
- You may not upload content to the Website which contains content that is unlawful, threatening, harmful, abusive, harassing, defamatory, vulgar, tortuous, obscene, invasive of another's privacy, libellous, hateful, or racially, ethnically, or otherwise objectionable and/or unlawful or which may give rise to criminal and/or civil liability (collectively, 'unacceptable content'). FlexWork, Inc. reserves the right to take any action it considers appropriate (in its sole and absolute discretion) to block or remove content uploaded to the Website in breach of these Terms of Service, or which is inappropriate or liable to cause harm to the FlexWork, Inc. brand.
- You agree and undertake to keep your username confidential, not to disclose to any other person and not to permit any other person to log in to the Website using your username.
- By using the Website, you agree not to: a. upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; a. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website; a. attempt to gain access to secured portions of the Website to which you do not possess access rights; a. impersonate any other person while using the Website; a. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website; a. resell or export the software associated with the Website; a. use the Website to generate unsolicited advertisements or spam; b. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or c. interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.
- In providing you with access to the Website, FlexWork, Inc. reserves the following rights, and in accessing, browsing or otherwise using the Website you grant to FlexWork, Inc. and agree that FlexWork, Inc. shall have the following rights: a. the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in FlexWork, Inc.’s sole and absolute discretion you violate or breach any of these Terms of Service; a. the right to suspend, amend or disable your account without giving you notice or any reason; b. the right to amend or update the Website, billing methods or these Terms of Service from time to time; c. the right to report you to the police or other judicial body if FlexWork, Inc. believes in its sole and absolute discretion that your conduct is or may be unlawful; and d. the right to remove any Profile from the Website without notice and without giving a reason.
- If you choose to submit or upload any content to the Website, you at all times retain all copyright and other intellectual property rights in your content. However, on submitting or uploading any content to the Website, you grant FlexWork, Inc. a non-exclusive licence to communicate that data to such other users, use, reproduce, distribute, prepare derivative works of, display and transmit such content as is necessary to enable FlexWork, Inc. to perform the Services.
- You hereby represent and warrant that in respect of any content uploaded to the Website by you that: a. such content: a. is not illegal in Japan or in any jurisdiction in which such content might reasonably be expected to be viewed; b. is not of a pornographic, violent or obscene nature; c. does not violate any copyright, trademark, trade secret, patent or other intellectual property right of any third party (whether or not registered); d. does not invade any third party’s right to privacy; e. does not slander or libel any person; f. does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; g. is true, accurate and not misleading in all material respects; h. you have the right to publish such content (whether by virtue of ownership of the intellectual property rights in such content or as a result of the grant to you of a license to use and publish such content).
- You acknowledge and agree that we shall be entitled to remove any content without notice and without giving any reason. Further you acknowledge and agree that we may be required to provide information about the origin of any unlawful content published and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such content has been viewed and is illegal and you hereby irrevocably authorise us to provide such information to such persons (on request or in our discretion) without consulting or informing you.
- You hereby acknowledge and agree that after you have deleted any Content we may retain it in our archives as required by our backup systems.
- You acknowledge and agree that you are solely responsible for content uploaded by you and for the consequences of submitting and publishing any content on the Website.
- You acknowledge and agree that FlexWork, Inc. does not endorse any content submitted or published on the Website and any opinion, perspective or statement given by any user of the Website does not represent the views or opinions of FlexWork, Inc. or any of its officers, employees or other associated persons.
- FlexWork, Inc. and/or its licensor(s) are the sole owners of the Website.
- FlexWork, Inc. and the Website are protected by Japan and International copyright and other intellectual property laws. We grant you a limited licence to use the Website for the purposes of using the Services.
- Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. FlexWork, Inc. reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
- FlexWork, Inc. and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of FlexWork, Inc.. They may not be used without FlexWork, Inc.’s prior express written permission.
- All other trademarks not owned by FlexWork, Inc. that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by FlexWork, Inc.
- FlexWork, Inc. continually tries to keep all information secure from unauthorised access by using SSL encryption on sensitive data. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information you submit is done so at your own risk.
- Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.
- By using the Website, you consent to receiving electronic communications and notices from FlexWork, Inc.. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- You agree that FlexWork, Inc. is free to use any comments, information or ideas contained in any communication you may send to FlexWork, Inc. without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or Website or other products or services. For the avoidance of doubt, all such information will be deemed by FlexWork, Inc. to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
- You agree that any information published by you on the Website will be public information and that other users of the Website may be able to view and comment on such information.
Reliance on posted content
- Information submitted or posted to the Website by users is not vetted, reviewed or checked by FlexWork, Inc.. Publication of such information does not constitute a representation or warranty by FlexWork, Inc. as to the accuracy of such information. FlexWork, Inc. therefore disclaims all liability and responsibility arising from any reliance placed on such information by any user of the Website, or by anyone who may be informed of any of its contents.
- FlexWork, Inc. has no control over the quality, safety or legality of any jobs or profiles posted. You acknowledge and agree that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come into contact through the Website.
No warranty or Liability Limit
- FlexWork, Inc. provides the Website "as is" and without any warranty or condition, whether express, implied or statutory. FlexWork, Inc. specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible.
- FlexWork, Inc. assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to your reputation or losses resulting from any disclosure of information about you by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.
- In no event shall FlexWork, Inc., its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.
- FlexWork, Inc. does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of FlexWork, Inc.. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
- FlexWork, Inc. specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
Interruptions and suspension of the Website
- FlexWork, Inc. does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation: a. the performance of scheduled maintenance including on servers and data lines; a. the performance of emergency unscheduled maintenance and/or repairs including on servers and data lines; a. a failure by or error in respect of any service provider including without limitation any server or data line; a. an attack on the security or system integrity of the Website including any denial of service attack; and a. the introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website.
- FlexWork, Inc. shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website however caused.
- You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service and or their subject matter or formation (including non-contractual disputes or claims), the Website, FlexWork, Inc.’s advertising or any related transaction between you and FlexWork, Inc. shall be governed by and construed in accordance with Japanese law.
- Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Japan.
- FlexWork, Inc. may change or discontinue the availability of the Website or any part thereof or the Services at any time without prior notice. FlexWork, Inc. reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Website.
- You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website or the Services shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Japan.
- FlexWork, Inc. may change or discontinue provision of the Services or the Website at any time without prior notice. We reserve the right to terminate these Terms of Service and/or the Terms and Conditions for any reason, without notice, and these Terms of Service and the Terms and Conditions shall automatically terminate in the event that you violate any of the Terms of Service set forth herein (without prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Services and Website.
- If any court or competent authority decides that any term of these Terms of Service an/or the Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
- Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
- Our failure to enforce any provision of these Terms of Service and/or the Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
Daiei Bldg. 7F, 1-11-20 Nishiki, Naka-ku, Nagoya, Japan