Acceptance of Terms & Conditions
Please read the Terms & Conditions carefully before accessing and using the vivajob.co.jp Career Website (hereinafter called the "Vivajob Website") of OTis,Inc. (hereinafter called the "Company"). By accepting the Terms & Conditions, you agree to abide by the rules governing the use of services offered by the Vivajob Website. If you have any questions about this agreement, please contact us via e-mail at email@example.com.
The Vivajob Website is a World Wide Web site on the Internet that is designed to allow users to post jobs and/or to view jobs posted by other users or interact with those users. The Vivajob Website is owned and operated by Navigos Group, Ltd. The Vivajob Website contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Vivajob Website that can be modified by Users, such as posting jobs, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
You might order the services or products at the quotations that are made available on the Vivajob Website and your orders shall be subject to the Website’s acceptance in full or in part of your orders. A Vivajob Website’s acceptance shall be in effect after your payment has been made or identified.
Vivajob Website shall reserve the right to make changes to its services, products, pricing models and prices from time to time as it considers appropriate.
Vivajob reserves the right to refuse to provide services to individuals, companies and organizations which, in accordance with the laws or at Vivajob' sole discretion:
Have business in the same industry with Vivajob, including but not limited to, employment service, recruiting activities via e-commerce website, application and/or website, application providing e-commerce service (e-commerce trading floor); and/or
Operate and manage websites, application related to recruitment, employment service similar to Vivajob for business purpose or gaining profit, and/or
Provide the services which are directly or indirectly competitive with existing services of Vivajob
In case Vivajob has provided services to you, however, later discovered that you are not under the scope of the eligible user of Vivajob and Vivajob refuse to provide the services, Vivajob shall, at its own discretion,:
Terminate all services and inform the Customers
Remove all job postings (if any)
Remove the account on Vivajob website (if necessary)
Refund the amount in proportion to the services that has not delivered by Vivajob, if you have already settled the payment
Purchased Services and Payment
You may order one or more of the services available in the List of Vivajob Services by Purchase Order and/or Service Agreement.
If purchased service is Job Posting:
The job posting will stay online for 30 (thirty) calendar days from the date of activation. Job title of the job posting cannot be changed after service activation.
Each job posting can be used for only 01 (one) specific job title, with 01 (one) set of job description and requirement.
Vivajob Services are pre-paid or post-paid via cash, bank transfer, or credit card. The list of accepted credit cards is publicized on the Vivajob Website. Your service fee is due by the payment date on your Purchase Order. The Purchased Services will normally be activated within 3 working days from the date of payment.
If your payment is past due, your service will be suspended until payment is made and your account is brought current.
- We will issue a VAT Invoice in accordance with the applicable laws of Vietnam upon your request. You are responsible for the accuracy of the information used for the VAT Invoice.
Provision for Use of Services
After you have paid the Service Fee and/or activate the Purchased Services, we will not accept any requests to terminate or cancel the Purchased Services, refund the Service Fee or change any service..
You will create your own account with username and password to use the services on the Vivajob Website.
You are entitled to post your recruitment advertisement or post a link on the Vivajob Website to the recruitment advertisement on your website. It is your responsibility to ensure the accuracy and legality of all these contents.
You must activate the Purchased Services before their expiry date. You cannot activate any unused Services once they have expired.
In the event that we are at fault and have not cured the problem within seven working days of receiving a written notice from you, we will refund the amount of Service Fee related to the unused services in the Purchase Order/Service Agreement where the Services have not been delivered as agreed by both parties.
User Rights and Responsibilities
Access to the Vivajob Website. You are responsible for providing yourself with all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Vivajob Website as well as all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Vivajob Website.User Conduct. By using the Vivajob Services and accessing the Vivajob Website, you understand that it is prohibited to:
Protest the State of Vietnam, destroy the unity of the nation, propagandize, distort, provoke or provide information against Vietnamese Government;
Provoke violation, war, aggression among nations and people, excite obscene, depravation, crime, social evils or superstition, ruin the nation's traditions and customs;
Disclose state secretes, military, security, economic, external relation and other secrets provided for by the laws;
Distort, slander, libel or offend the prestige of entities, the honor, dignity or prestige of individuals;
Introduce and propagate products and services prohibited by the laws;
Mention issues related to the politics and religions;
Use uncultured words that violate code of ethics and traditional culture of Vietnam;
Restrict or inhibit any other User/Customer from using and enjoying the Interactive Features;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
Post or transmit any information, software or other material which contains a virus or other harmful component;
Alter, damage or delete any Content or other communications that are not your own Content or otherwise interfere with the ability of others to access Vivajob Website;
Disrupt the normal flow of communication in an Interactive Area;
Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
Use the Website for any illegal purpose, including but not limited to conspiring to violate laws and any operating rule, policy or guideline of the Internet access provider or online service.
You acknowledge that the Vivajob Website may include various interactive areas ("Interactive Areas"), including but not limited to jobs. These Interactive Areas allow feedback to the Vivajob Website and real-time interaction between users. You further understand that the Vivajob Website does not control the messages, information, or files delivered to such Interactive Areas and that the Vivajob Website may offer you and other users the capability of creating and managing an Interactive Area. However, neither the Vivajob Website, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area.
Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another user, as applicable. You recognize that the Vivajob Website cannot, and does not intend to, screen communications in advance. Moreover, because the Vivajob Website encourages open and candid communication in the Interactive Areas, the Vivajob Website cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Vivajob Website is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that the Vivajob Website has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other users. If notified of Content that is alleged not to conform to this Agreement, the Vivajob Website may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Vivajob Website reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Vivajob Website policy in effect at that time, (ii) be harmful to the rights of any user, the Vivajob Website, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
Intellectual Property Rights
Vivajob Website Content. You acknowledge that the Vivajob Website permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, Customer’s use of Content shall be governed by applicable copyright and other intellectual property laws.Vivajob Website Content. You acknowledge that the Vivajob Website permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, Customer’s use of Content shall be governed by applicable copyright and other intellectual property laws.
You agree and acknowledge that all the Content on the Vivajob Website including and not limited to the resumes shall be solely under the Intellectual Property Rights of Vivajob Website and Navigos Group and you may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided. However, you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only.
Any permitted copies of the Content must reproduce any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "Vivajob Website" and its URL address. You do not acquire any Intellectual Property Rights by downloading or printing Content. Any unauthorized copies or uses of the Content for commercial purposes shall be deemed as a breach and shall be treated in accordance with the relevant applicable laws and provisions herein.Content Provided by the Customer. You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through Vivajob Website only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on Vivajob Website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be you or a third party, has expressly granted to Vivajob Website the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit Vivajob Website to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You further permit Vivajob Website to use your company's name and corporate logo for marketing purposes.
Links; Disclaimers Of Warranties; Limitations of Liability
Links. You understand that except for Content, products or services expressly available at Vivajob Website, neither Vivajob Website, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees and agents controls, provides, or are responsible for any Content, goods or services available through sites on the Internet linked to or from Vivajob Website. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Vivajob Website or controlled by the Vivajob Website. The Vivajob Website neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the Vivajob Website, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither Vivajob Website, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Vivajob Website or your inability to access the Internet or any site linked to or from the Vivajob Website.
Disclaimer of Warranties. You should use your best judgment in evaluating all information contained or opinions expressed on the Vivajob Website. It is the policy of the Vivajob Website not to endorse or oppose any opinion expressed by you or Content provided by you or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF the Vivajob Website IS AT YOUR SOLE RISK. NEITHER the Vivajob Website NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT the Vivajob Website OR ANY INTERNET SITE LINKED TO OR FROM the Vivajob Website WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF the Vivajob Website OR ANY INTERNET SITE LINKED TO OR FROM the Vivajob Website OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH the Vivajob Website OR ANY SITE LINKED TO OR FROM the Vivajob Website. The Vivajob Website IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL the Vivajob Website, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THESE TERMS & CONDITIONS, the Vivajob Website, OR ANY INTERNET SITE LINKED TO OR FROM the Vivajob Website, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL the Vivajob Website, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN the Vivajob Website OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM the Vivajob Website. THE CONTENT WITHIN the Vivajob Website AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM the Vivajob Website MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT the Vivajob Website IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Vivajob Website SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF the Vivajob Website, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING the Vivajob Website.
Compliance and Dealing with Breach
You must comply with the terms of the Purchase Order, Service Agreement and Terms & Conditions as a prerequisite for using the Services. If you fail to comply with any of the provisions in the Purchase Order, Service Agreement and Terms & Conditions, we may remove your posting, contents or links and terminate your service without refunding the Service Fee or any unused portion thereof. We also may claim compensation for any damages or losses arising from your breach.
You agree to indemnify and hold the Vivajob Website, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents safe and harmless from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Vivajob Website or any Internet site linked to or from the Vivajob Website, or in connection with the transmission of any Content on the Vivajob Website.
You agree that the confidentiality of the information relating to Services, transaction proceedings and/or any information gained during the course of use must be ensured. You will cooperate to stop and prevent any third party from the illegal reproduction and use of the posting contents or other information on the Internet.
You are not allowed to disclose, share or sell information about the candidates to any third parties under any methods without the Company’s prior consent in writing.
Furthermore, you will be responsible for keeping your own username and password confidential and only use your account for recruitment purpose as per the Purchase Order/Service Agreement.
This Agreement comprises the entire agreement between the Vivajob Website and you, and supersedes any prior agreements with respect to the subject matter herein. The Vivajob Website may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective immediately upon posting notice of such revision prominently on the Vivajob Website.
You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Vivajob Website. Your continued access and use of the Vivajob Website following notice of any such revision shall conclusively be deemed acceptance of all such revisions.
If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the Vivajob Website to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the Vivajob Website, excluding its conflict of laws rules, and you and the Vivajob Website each submit to the exclusive jurisdiction of the courts of that state or province.
This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Vivajob Website have been done strictly for clarification and identification and does not constitute endorsement by the Vivajob Website of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the Vivajob Website by such trademark, service mark or link owner.