1. These Terms provide for matters related to the use of the contract housekeeping service (hereinafter the “Service“) provided by Pasona Inc. (hereinafter the “Company“) for User Members.
2. The particulars of the service, various regulations and precautions (hereinafter the “Regulations“) that the Company presents to a Registered Member concerning the Service will also constitute part of these Terms.
3. A Registered Member will be deemed to have understood and acknowledged all provisions of these Terms, at the time when he/she applies under Article 3 (Registration and Approval) for membership registration to the system related to the Service (hereinafter the “Company System“) managed/operated by the Company.
Article 2 Definition
The basic terms used herein have the meanings as defined below:
1) Service: A contract housekeeping service that the Company provides for User Members
2) Membership Registration Applicant: A person who wishes to use the Service and applies for use through the Company System under Article 3 (Registration and Approval) to conclude a Service Agreement.
3) Registered Member: A person who wishes to use the Service, whose application through the Company System under Article 3 (Registration and Approval) is approved by the Company
4) User Member: A Registered Member who enters into a Service Agreement
5) Housekeeper: A person whom the Company employs with the aim of providing the Service
6) Service Agreement: An agreement concluded in accordance with the provisions hereof between the Company and the Registered Member
7) Service Menu: The contents of the Service to be provided (usage fees for the Service, number of uses, day of the week, time, etc.) agreed between the Company and a Registered Member at the time of execution of a Service Agreement
8) Scheduled Date of Service Provision: The date on which a Housekeeper is scheduled to conduct the Service under a Service Agreement
9) Cancellation: Cancellation, at the request of a User Member, of the Service on a Scheduled Date of Service Provision under a Service Agreement
10) Regular Plan: A plan subscribed for by a User Member (the frequency of service implementation, day of the week, usage hours, etc., agreed at the time of contract as selected from the Service Menu)
Article 3 Registration and Approval
1. One who wishes to use the Service will make application through the Company System by consenting to all provisions hereof and providing through the Company System such necessary information (hereinafter “Registration Information”) to the Company by such method as specified by the Company.
Application for membership registration will be made by the Membership Registration Applicant by providing personal information. Application for registration by proxy will under no circumstances be accepted.
2. The Company will decide according to Article 4 (Disapproval of Registration), paragraph 1, whether or not to register a Membership Registration Applicant as a member under the preceding paragraph and will notify the Membership Registration Applicant of the result. Registration will be deemed to have been completed at the time when the Company gives notice of approval of registration.
3. If there is a change to the Registration Information, a Registered Member or User Member will promptly provide the Company with the Registration Information after the change by the method specified by the Company. The Company will under no circumstances be responsible for damage, loss or expense incurred by a Registered Member or User Member because the member fails to provide changed information to the Company.
4. A Registered Member or User Member will warrant that all Registration Information provided to the Company is true, accurate and the latest information, and the member will be solely responsible for the truthfulness, accuracy and currentness of the information, as well as for any other matters related to the provided Registration Information.
5. A User Member will use the Service at his/her discretion and will be solely responsible in relation to the use.
Article 4 Disapproval of Registration
1. The Company may disapprove the membership registration if it determines that a Membership Registration Applicant or Registered Member does or is likely to meet any one of the following criteria. The Company will under no circumstances be responsible for disapproval of membership registration and will not be liable to explain the reason for disapproval of registration to the Membership Registration Applicant, and the Membership Registration Applicant will not make any objection to it.
1) If all or part of the provided Registration Information is false or incorrect, or any item is omitted, or the applicant fails to apply for registration by himself/herself;
2) If the applicant is already a Registered Member;
3) If the applicant has been a Registered Member or User Member in the past who violated these Terms;
4) If the applicant is under age;
5) If the Service has been suspended for the use by the applicant in the past and had his/her registration revoked as a Registered Member or User Member;
6) If the applicant suspends payments or is insolvent, or there is a petition filed for the commencement of bankruptcy or civil rehabilitation proceedings or other similar liquidation proceedings;
7) If the applicant is found to be a boryokudan, boryokudan member, associate member thereof, corporate racketeer, thug engaging in criminal activities under the pretext of conducting social campaigns, crime group specialized in intellectual crimes, or any other equivalent antisocial forces (hereinafter “Antisocial Forces”), or he/she cooperates or gets involved in the maintenance, operation or management of Antisocial Forces through provision of funding or other acts, or has interaction or is involved with them in any way;
8) If the Company determines that the applicant is unsuitable for a recipient of the Service;
9) If the Company determines that the service desired by the Membership Registration Applicant or Registered Member requires medical treatment or physical assistance; or
10) Other cases equivalent to any of the preceding items.
Article 5 Revocation of Registration and Rescission of Service Agreement
1. The Company may temporarily suspend the provision of the Service under a Service Agreement or may revoke membership registration if a Registered Member or User Member is found to fall under any of the following items:
1) If the member falls under any item of the preceding article;
2) If the Company determines that the member does or is likely to violate these Terms; or
3) If the member has not used the Service for a period of six (6) months or more, and fails to respond to communication or notice from the Company.
2. The Company may also immediately rescind the Service Agreement and revoke registration without any demand if any of the following items apply:
1) If a User Member violates these Terms;
2) If a User Member becomes in arrears of the payment of usage fees for a period of two (2) months or more and fails to make payment within 14 days despite a demand for payment (in the case of a demand in writing, within 14 days from the date of dispatch of the writing);
3) If a User Member or his/her house mate (including family members) uses language or conduct that does or is likely to damage the safety of the life, body or mind of a Housekeeper, and the Company determines that it is difficult to continue the provision of services under the agreement;
4) If the Company determines that the service wished by a User Member requires medical practices or physical assistance; or
5) If the Company determines that a User Member is unsuitable as a user of the Company service.
3. A User Member who falls under any item of the preceding paragraph will naturally lose the benefit of time with respect to all liabilities owed to the Company and will immediately repay all liabilities to the Company.
4. The Company will under no circumstances be responsible for damage, loss or expense incurred by a User Member due to an act made by the Company under this article.
Article 6 Subscription for and Formation of Service Agreement
1. A Registered Member will subscribe to a Service Agreement by one of the methods listed in the following items, and a Service Agreement will become effective when the Company consents to it:
1) Method of filling out the application content columns of an application form specified by the Company and submitting it to the Company; or
2) Method of inputting information in the application content columns specified by the Company via the website managed and operated by the Company and pushing the application button.
2. When applying for the service, the Registered Member will, after consenting to these Terms, specify, via the website managed and operated by the Company, the chosen Service Menu, card information for credit card payment, and other information necessary to commence the provision of the Service.
3. When the Company receives application for a Service Agreement from a Registered Member, it may, before giving consent to the application for a Service Agreement, confirm matters necessary to commence the provision of the Service on the day at the hour the Registered Member desires when the application is made. Such confirmation includes confirmation of the matters specified in Article 9 (Scope of Service Provision), Article 10 (Necessary Equipment and Supplies for Cleaning), Article 11 (Handling of Valuables), and Article 12 (Handling of Key).
4. When the Company consents to the Registered Member’s application for a Service Agreement, it will give the Registered Member notice of the commencement of the Service provision; provided, however, that when the Company starts providing the Service without notice of the commencement of the Service provision, consent will be deemed to have been given to the application for a Service Agreement at the time when the provision of the Service is started. The Company may deny a Registered Member’s application for a Service Agreement at the Company’s discretion or for reasons on the part of the Company.
5. To the extent that the Company has yet to consent to subscription for a Service Agreement, a Registered Member may withdraw his/her application for a Service Agreement.
Article 7 Usage Fees of Service and Payment Terms
1. Usage fees of the Service
1) A User Member will pay to the Company usage fees specified by the Company in consideration of the use of the Service.
2) The case of Cancellation of the Service, a change of day and time, and whether Cancellation charges arise or not will be as specified in Article 14 (Change of Date and Cancellation).
3) When a utilization time is extended for the convenience of a User Member, additional usage fees will be accrued in 15-minute increments.
4) When a User Member starts using a service in the middle of a month, the member will pay for the number of uses in the month (the amount obtained by multiplying the number of uses in the month of starting the use by such usage fee per use that is calculated by dividing the monthly usage fee by the number of uses per month specified in the Regular Plan).
5) Every User Member will pay the Company 990 yen (including consumption tax) per visit as the cost of transportation for travel by the Housekeeper providing the Service together with usage fees. The above cost of transportation will be charged if the Housekeeper visits the place of service provision because the notice of a change to the schedule was issued after 12:00 p.m. of the business day preceding the Scheduled Date of Service Provision or because of Cancellation without advance notice.
2. Payment terms
1) A User Member will pay usage fees for the Service (including the above cost of transportation; the same applies hereinafter) by credit card (limited to cards with the name of the User). For the payment of usage fees, the amount that the Company bills by closing the accounts at the end of a use month will be deducted from the bank account designated by the subscriber on the transfer date specified in the terms of the card company of the credit card the User Member registers to the Company (hereinafter the “Designated Card”).
2) In paying usage fees for the Service by credit card, a User Member consents to the following matters:
(i) A User Member will continue to pay usage fees for the Service by the Designated Card, unless the member notifies the Company of a change of the Designated Card.
(ii) A User Member will notify the Company of any change to the membership number or expiration date of the Designated Card without delay.
(iii) When payment by the Designated Card is unavailable, a User Member will pay usage fees for the Service billed by the Company by the method designated by the Company.
3) A User Member who is in arrears of the payment of usage fees will pay to the Company delinquency charges at the rate of 14.6% per annum.
Article 8 Period of Service Agreement
1. The period of a Service Agreement is the period of service use that is entered in the application form or inputted in the application content columns of the website when the Registered Member applies to the Company for the Service Agreement under Article 6 (Subscription for and Formation of Service Agreement) to which the Company consents.
2. A Service Agreement will be automatically renewed for the same length of period when all of the following items apply; provided, however, that if there is, as of the expiration of the period of the Service Agreement (in the case of a renewed agreement, the expiration of the renewed contract period), a change to the contents of the Service or the contract terms of the Service Agreement, it will be renewed with the contents of the Service or the contract terms of the Service Agreement after the change.
1) If a User Member fails to report his/her intent not to renew the Service Agreement by 18:00 on the 10th day (or the preceding business day if the 10th day falls on a holiday) of the month preceding the month of expiration of the Service Agreement; or
2) If the Company does not notify the User Member of its intent not to renew the Service Agreement by the by 18:00 on the 10th day (or the preceding business day if the 10th day falls on a holiday) of the month preceding the month of expiration of the Service Agreement;
Article 9 Scope of Service Provision
1. The Company will provide the Service during the hours on the day specified at the time of the Service Agreement. (However, it is limited to uses at least twice a month, for at least two (2) hours at a time.)
2. A service will be provided at the address registered and applied for under Article 3 (Registration and Approval) and Article 6 (Subscription for and Formation of Service Agreement). If provision of a service at any other place is desired, a separate registration and agreement are required.
3. Please note in advance that since the Service is provided under a contract for time, the requested work may not be completed.
4. The Service is provided with the aim of giving support for daily house work (cleaning of bathtubs, lavatories, toilets, kitchens, and living and other rooms, laundering, preparing the ingredients before cooking, shopping, etc.). It is possible that stains or mold may not cleaned or wiped out completely depending on the extent of the stains on the cleaned place, aged deterioration, or other reasons.
5. The provided Service does not include work clearly exceeding the scope of daily house work, carrying heavy loads, high-place work or other dangerous work, work involving the use of specialist equipment/tools or requiring specialist skills, driving a vehicle (four- or two wheel vehicles) or a bicycle (including motorized bicycles), cleaning of luxury clothes, cleaning of an air conditioner or ventilating fan, pet care, acts in violation of legislation or contrary to public order and morals, care for the daily life of children, acts concerning the necessary protection of children, or any other services where the Company deems it is inappropriate to provide. If the Housekeeper in Charge or an employee finds that rest is necessary for the safe adequate provision of the Service involving work on a summer day or work in a room without air conditioning, the Housekeeper in Charge or the employee may rest during the hours of the service.
6. The provided Service does not include, and the Company is not responsible for, the care of precious metals or other work related to valuables, or any other work whose provision the Company deems inappropriate.
7. If it is likely to become difficult to provide the Service safely and adequately, including because it turns out that the User Member of the Service or a person living with the said Member has contracted an infectious disease or because there is a pet without a cage in the place of the Service provision, the User Member will provide advance notice to such effect to the Company or the Housekeeper thereof. In this case, please note in advance that the Service may not be provided if the Company finds that it is difficult to provide it. The total amount of the scheduled usage fees will be charged if it turns out that there is such a circumstance after the time limit for a change of date and Cancellation under Article 14, and thus the Service cannot be provided. If an accident occurs for a reason attributable to the customer, including failure to put the pet in a cage, the Company will not assume any responsibility, and if the Housekeeper or an employee of the Company incurs any damage, the User Member or person who wishes to use the service will be liable to compensate for any damage.
8. On proficiency of the Japanese language of Housekeepers
1) The Service is basically provided by a foreign Housekeeper, and if a foreign Housekeeper’s skills in the Japanese language are not sufficient (lower than N4 of Japanese Language Aptitude Test), the Service may be provided in a language other than Japanese.
2) When clause (1) is applicable, the Company’s Japanese salespersons and customer support center will at their responsibility mediate between, or respond to, a User Member and a Housekeeper.
9. A Housekeeper will not provide a service requiring medical practices or physical assistance.
10. A Housekeeper will not provide a live-in service in the house of a User Member.
Article 10 Necessary Equipment and Supplies for Cleaning
1. The Service will use equipment/supplies (detergents, floor cloths, vacuum cleaners, etc.) of the User Member as necessary for its provision.
2. A User Member will bear utility charges (gas, water and power) required during work, including for air conditioning.
Article 11 Handling of Valuables
1. In order to prevent an accident, a User Member will be mindful of the storage and management of objects of craftwork, works of art, and other valuables, will put them away by the time of service provision, keep them outside the area covered by the work to prevent them from being touched by a Housekeeper, and will otherwise manage them strictly at the responsibility of the User Member. A User Member will in advance notify the Company of articles requiring care in handling.
2. A User Member will not leave cash, securities, precious metals or other valuables and money within the area covered by the work of the Service (partly) in order to avoid misunderstandings and will manage them strictly at the responsibility of the User Member.
3. The Company will under no circumstances be responsible for damage, defacement, loss, disappearance or theft of cash, securities, precious metals or other valuables and money arising in a condition where they are not managed by the User Member appropriately.
Article 12 Handling of Key
1. The Company and a Housekeeper in Charge will manage a key entrusted for the provision of the Service with the due care of a prudent manager.
2. Before receiving a key from a User Member, the Company will ask the User Member to affix his/her seal on a written confirmation.
3. The Company will return the entrusted key upon the termination of a Service Agreement. If it is difficult to return it by hand within a certain period, the Company will return it by registered mail. The Company will not be responsible for loss or damage arising in transit.
4. Should the Company lose the entrusted key, the locking of it will be exchanged for locking of the same level at the responsibility of the Company. The User Member will cooperate in exchanging the lock.
Article 13 Housekeeper in Charge
1. The Service will be conducted, in principle, by the Housekeeper in charge of each User Member (hereinafter a “Housekeeper in Charge”); provided, however, that a Housekeeper in Charge may not conduct the Service on a Scheduled Date of Service Provision for compelling reasons.
2. A Housekeeper who has received the authorization of visa status for the Project to Accept Foreigners Conducting Housekeeping Services in National Strategic Special Zones will take charge within such special zone that is the authorized area of his/her activities.
3. Please note in advance that if the Housekeeper in Charge is unable to provide the Service on the Scheduled Date of Service Provision, the Company may be forced to implement the following measures, (to the extent practicable) after having consulted the User Member:
1) Change to another day (limited to a change within one (1) month from the Scheduled Date of Service Provision under the Service Agreement);
2) Visit by a substitute Housekeeper selected by the Company (only if a key of the User Member is able to be delivered and returned through the Company. The date may be changed to another day.); or
3) Cancellation (the Company will not charge the usage fees for the service that cannot be provided for reasons attributable to the Company).
4. The Company may change the Housekeeper in Charge for compelling reasons at its discretion without advance notice.
5. From time to time, a person other than the Housekeeper in Charge may accompany or cooperate with the Housekeeper in Charge in order to check the quality of the Service.
Article 14 Change of Date and Cancellation
1. If a User Member wishes to change a usage date and notifies the Company by noon of the business day preceding the Scheduled Date of Service Provision, the date of providing the Service may be changed to another date/time within one (1) month from the Scheduled Date of Service Provision. While the Company will coordinate the schedule for a changed day desired by the User Member (within the hours from 9:00 to 18:00 on a business day of the Company), the Company may be unable to accommodate the desire. In this case, a substitute Housekeeper selected by the Company will visit the house. If the Company is unable to appoint a substitute Housekeeper, Article 13, paragraph 3, item 3, will apply.
2. A User Member is entitled to Cancellation of the Service by giving notice to the Company by noon of the business day preceding the Scheduled Date of Service Provision; provided, however, that the User Member will not be entitled to Cancellation of the Service for the whole month, unless the User Member pays the minimum usage fee set forth in paragraph 1 of Article 15.
3. If a user notifies the Company of their desire for a change of the date or Cancellation after noon of the business day preceding the Scheduled Date of Service Provision or fails to notify the Company, the Company will claim as Cancellation charges the full amount of usage fees for the Scheduled Date of Service Provision.
4. A User Member, who changes a Scheduled Date of Service Provision to another date/time under paragraph 1, is unable to change it further. Cancellation of the Service after having changed the date will be governed by paragraphs 2 and 3.
5. In the case of a change to any content (the number of uses, day of the week, usage time, etc., the same applies hereinafter in this section) of the Regular Plan agreed at the time of the Service Agreement; If the User Member notifies the Company by 18:00 on the 10th day (or the preceding business day if the 10th day falls on a holiday) of the current month, the plan will be changed from the following month. Notification after 18:00 on the 10th day of the current month, a change to the contents of the Regular Plan will be applied from the month after next. Notwithstanding the provisions of the first paragraph of this section, if the User Member contacts the Company after 18:00 on the 10th of the current month and as per request by the user member to change the contents of the regular plan earlier than the scheduled date. As a change fee, the user member will be required to pay 60% of the reduced services during the period ahead of schedule.
6. In the case of paragraph 1 or 4, the Housekeeper in Charge may be changed incidental to a change of the date of providing the service.
7. A change of a date, Cancellation, a change of the Regular Plan, and other requests and inquiries will be accepted by personnel at the support window between 9:00 and 18:00 on the business days of the Company. The Company will announce its days off and long-term holidays (including seasonal holidays at New Year and other long holidays) in advance on its website or by other means.
Article 15 Minimum Usage Fee
The minimum usage fee for one month under a Service Agreement will be the amount of fees for one use of the Service (If the user member concludes a service agreement with multiple services contents with the Company, whichever has the highest one-time usage fee will apply.) under the Service Agreement, and the minimum usage fee will be charged in any of the following items; provided, however, that when Cancellation charges arise under paragraph 3 of the preceding Article, the Cancellation charges or the minimum usage fee, whichever is higher, will be charged:
1) When the User Member wishes Cancellation of the Service for a whole month: the minimum usage fee for the month will be charged.
2) When the User member notifies the company after 18:00 on the 10th day of the current month (or the preceding business day if the 10th day falls on a holiday) and such User member wishes Cancellation as of the last day of the following month, the minimum usage fee for the second month following the month of notice will be charged.
Article 16 Prohibition of Direct Request
1. Not only during the period of registration, but also after the termination thereof, neither a Registered Member nor a User Member (including a former Registered Member) will request the provision of a housekeeping service or any other similar acts from a Housekeeper whom the member comes to know in relation to the provision of the Service.
2. Not only during the effective period of the Terms of Service but also after the termination thereof, neither a Registered Member nor User Member (including a former Registered Member) will present a job opportunity of housekeeping or other similar services of any agent other than the Company to a Housekeeper whom the member comes to know in relation to the provision of the Service. The same applies after termination of the Service Agreement.
3. Not only during the effective period of the Terms of Service, but also after the termination thereof, neither a Registered Member nor a User Member (including a former Registered Member) will request a Housekeeper whom the Member comes to know in relation to the provision of the Service to live in his/her house and provide a housekeeping service or any other similar acts. The same applies after the termination of the Service Agreement.
4. In the event of a violation of any of the preceding three paragraphs, a Registered Member or a User Member will pay to the Company one (1) year’s usage fees as damages. If the damage incurred by the Company exceeds the amount of the above damages, the Company may claim such exceeding amount.
Article 17 Direction and Order to Housekeeper
The Company will be responsible for the implementation of the Service as a consignee, and will, at its sole responsibility, provide a Housekeeper with supervision and orders such as work directions, labor management, safety and sanitation management related to the Service. A User Member is unable to directly give a Housekeeper work directions for the Service.
Article 18 Work Completion Report
A Housekeeper in Charge will fill out a form specified by the Company for a report of work completion, and the User Member will check its contents each time and affix his/her signature or seal on the space designated. A User Member who wishes to communicate any matter regarding the details of a Housekeeper’s service or other matters may contact the Company by the end of business hours on the business day following the date/time of use. The Company will under no circumstances be responsible for communication given after that time.
Article 19 Prohibited Acts
Neither a Registered Member nor User Member will engage in conduct falling under any of the following items:
1) Act in violation of these Terms;
2) Act of infringing intellectual property rights, image rights, privacy rights, rights to protect its/his/her good name, or any other rights or interests of the Company, another member of the Service, a Housekeeper or a third party (including acts likely to infringe directly or indirectly);
3) Act related to any illegal or criminal activity or contrary to public order and morals or any other act that is likely to fall under these acts;
4) Act of cooperating or getting involved in the maintenance, operation or management of Antisocial Forces or otherwise interacting or getting involved with Antisocial Forces;
5) False statements or complaints to/against the Company or a Housekeeper;
6) Racist speech and behavior against a Housekeeper, an employee, or other person related to the Company (hereinafter in this article “Employees”), or speech and behavior that are prejudicial to their reputation, are malicious slander against them, or inflict social or moral damage on them;
7) Sexual harassment or other obscene speech and behavior against a Housekeeper or Employee;
8) Violence, intimidation, threats, or menacing of a Housekeeper or Employee or other speech and behavior that inflict damage on a staff member including on the body;
9) Photo taking without the consent of the Housekeeper or Employee;
10) Act that does or is likely to interfere with the Company’s business performance, including the provision of the Service;
11) Act that the Company determines to be inappropriate; or
12) Other acts equivalent to any of the preceding items.
Article 20 Cancelling of Service Agreement
A User Member who wishes to cancel a Service Agreement may cancel the Service Agreement, even during the Service Agreement period, through the procedure prescribed by the Company, as follows:
1) When notice is given by 18:00 on the 10th day on the current month (or the preceding business day if the 10th day falls on a holiday), the Service Agreement will be cancelled on the on the last day of the following month.
2) When notice is given after 18:00 on the on the 10th day on the current month (or the preceding business day if the 10th day falls on a holiday), the Service Agreement will be cancelled on the last day of the second month following the month of notice in principle, unless the minimum usage fee set forth in paragraph 1 of Article 15 is paid.
Article 21 Suspension or Interruption of Service
1. When any of the following items is applicable, the Company may suspend or interrupt all or part of the provision of the Service (including the operation of the systems related to the provision of the Service, and the provision of any other operations; the same applies in the following paragraph) without advance notice to Registered Members and User Members:
1) If the Company conducts inspection or maintenance work for its computer system related to the provision of the Service periodically or emergently;
2) If a computer or telecommunications line is suspended because of an accident, and the Company is unable to operate business momentarily and recovery cannot be expected;
3) If the Service is unable to be operated due to a fire, power failure, natural disaster or other force majeure; or
4) If the Company determines that suspension or interruption is necessary otherwise.
2. The Company may terminate a Service Agreement or the provision of the Service in whole or in part for the convenience of the Company. In this case, the Company will give advance notice to Registered Members and User Members (in the case of termination of a Service Agreement, it is limited to the User Member who is a party to the Service Agreement terminated).
3. The Company will under no circumstances be responsible for any damage, loss or expense incurred by a Registered Member or User Member due to a measure taken by the Company under this Article.
Article 22 Personal Information
If the Company handles personal information (hereinafter “Personal Information”) acquired from a Registered Member (including a Membership Registration Applicant) in relation to the use of the system or the provision of the Service, the Company will appropriately manage the Personal Information under the Act on the Protection of Personal Information and other relevant legislation.
Article 23 Purpose of Personal Information Use
The Company will use Personal Information for the following purposes in accordance with the Personal Information Protection Policy of the Company:
1) Performance of an agreement concerning housekeeping transactions, and the provision of the Service and after-sales service;
2) Response to inquiries about the registration or removal of a member ID or about the Company;
3) Sales and marketing activities for housekeeping-related products of the Company or its group companies (questionnaires, data collection, etc.); or
4) Other purposes specified in these Terms.
Article 24 Intellectual Property Rights
1. Copyrights to the information that a Registered Member or a User Member contributes to the Company (hereinafter “Contributed Information”) will inhere in the Registered Member or the User Member, and the member will grant a license to the Company to use the Contributed Information in any manner and will not exercise an author’s personal rights to such use.
2. The Company will or will not publish Contributed Information at its discretion.
3. The Company may use Contributed Information, Registration Information of Registered Members and User Members, and the state of the Service utilization, free of charge, for an indefinite period upon editing as appropriate into a form in which the individual is not identified.
4. Copyrights to the derivative works created with the use of Contributed Information, Registration Information of Registered Members or User Members, and the state of use will inhere in the Company.
5. The Company may make use (including reproduction, duplication, adaptation, license to a third party, and any other use), in websites operated and managed by it, free of charge, without restrictions, of any writings, pictures, videos and other data contributed or transmitted by a Registered Member or User Member.
Article 25 Confidentiality
1. Either a Registered Member or User Member will not use information about the Service (hereinafter “Secret Information”) for any purpose other than the use of the Service and will not provide, disclose, or leak to a third party any Secret Information of the Company without the consent of the Company. The same applies after the termination of the Service Agreement.
2. Whenever the Company requests, either a Registered Member or User Member will return or dispose of Secret Information, and documents and storage media containing Secret Information, as well as all duplications thereof, under directions of the Company, without delay.
Article 26 Dispute Settlement and Damages
1. A Registered Member or User Member who causes damage to the Company due to a violation of these Terms or in relation to the use of the Service under a Service Agreement will compensate the Company for the damage.
2. If a User Member incurs any damage during the time of implementation of the Service due to any intentional act or gross negligence of the Housekeeper or an employee of the Company, the Company will compensate only for the regular direct damage (excluding lost profits and compensation for mental suffering) actually caused to the User Member in connection with the provision of the Service.
The Company will compensate for the damage (excluding consequential damage and lost profits) actually caused to the User Member in connection with the provision of the Service only in any of the following cases:
1) If a Housekeeper causes a fault of a home appliance due to his/her improper use;
2) If a Housekeeper breaks tableware or a glass;
3) If a Housekeeper makes a dent or scratch on the furniture, floor or wall; or
4) If a Housekeeper breaks a vase, a craft product or other ornaments.
3. The amount of damages paid by the Company under the preceding two paragraphs will be up to the insurance amount received from the insurance company under the liability insurance taken out by the Company for the provision of the Service.
4. The preceding two paragraphs do not apply to any damage caused because of intentional acts or gross negligence by the Company (including the representative and employees of the Company).
5. The Company will under no circumstances be responsible for any damage resulting from the work conducted pursuant to a working method instructed by the User Member.
Article 27 Termination of Service Agreement
1. The Terms of Service will be terminated if any of the following items is applicable:
1) If a User Member cancels the Service Agreement under Article 19 (Cancelling of Service Agreement);
2) If a User Member dies;
3) If a User Member falls under paragraph 1 of Article 5, and the Company revokes his/her membership registration; or
4) If the Company cancels the Service Agreement under Article 20, paragraph 2.
2. After the termination of a Service Agreement, the Company may delete all or part of the Contributed Information of a Registered Member or User Member or continue to publish it in websites operated and managed by the Company.
Article 28 Revision of Terms and Contract Provisions
1. In the following cases, the Company may make revision to these Terms (including contents of the Service and the Regulations; the same applies in this paragraph) at its discretion.
1) When the revision of the Terms is in the general interest of the User Member.
2) When the revision of the Terms does not violate the purpose of the contract and when it is reasonable considering the necessity of the change, the appropriateness of the revised content, the contents of the revisions and other circumstances related to the revisions.
3. If the User Member uses this service after the effective date of the revision of terms
of use, the User Member will be deemed to have consented to the revision of these Terms.
Article 29 Prohibition of Assignment of Rights and Obligations
A member will not, without the advance consent of the Company, assign his/her status as a Registered Member or User Member or any right or obligation arising under such status to a third party, nor will he/she offer it as a security or dispose of it in any other way.
Article 30 Communication and Notice
Inquiries about the Service, communication and notice from a Registered Member or User Member to the Company and those from the Company to a Registered Member or User Member including notice of a change of these Terms will be made by the method specified by the Company separately.
Article 31 Governing Law and Agreed Jurisdiction
1. These Terms will be construed and applied under the laws of Japan.
2. Any lawsuit arising in relation to these Terms and the Service will be brought in the Tokyo District Court as the agreed exclusive jurisdiction in the first instance.
The revision to these Terms will be enforced as of September 1, 2021