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Terms of Use

Terms of service

skillpockets ("the Site") is operated by OISHII Co.,Ltd  ("The Company").  This agreement  outlines the basic terms of use of the Site (hereinafter referred to as " Terms") as follows.

Article 1 Application of this agreement

This agreement outlines the Terms that the Users must comply with when using the Site, and covers all aspects of  the relationships between the Company and the Users.

Article 2 User (Service Providers & Clients)

1) In this agreement, "User" means a person who has accepted this agreement, applied for registration on the Site, such registration having been approved by The Company in accordance with The Company’s procedures.  

2) The Company reserves the right to reject a User’s application if The Company assesses that it is inappropriate to approve a User. Even after approval, approval may be withdrawn and the User may be deregistered, at the Company’s sole discretion. 

3) Users shall register only once on the Site. 

4) The Company reserves the right to revise this agreement without prior notice to Users. In addition, the revised Terms shall apply to all Users regardless of the timing of such User’s registration. The revised Terms shall be announced on the Site.

The skillpockets Platform Connects Service Providers and Clients.
The skillpockets Platform is a web two-sided marketplace which enables connections between Clients and Service Providers. “Clients”  are individuals and/or businesses seeking to obtain short-term services from Service Providers and are therefore clients of Service Providers, and “Service Providers”  are businesses seeking to perform service for Clients. Clients and Service Providers together are hereinafter referred to as “Users.”  When terms of a service are agreed with between Users, the two Users will be deemed to have formed a service agreement directly between the two parties, as set forth in more detail below.

SERVICE PROVIDERS ARE INDEPENDENT BUSINESS OWNERS. SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURE PARTNERS, SUBCONTRACTORS OR FRANCHISEES OF THE COMPANY or skillpockets. THE COMPANY DOES NOT PERFORM SERVICE AND DO NOT EMPLOY INDIVIDUALS TO PERFORM SERVICE. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, skillpockets PLATFORM OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS  WHO WISH TO PERFORM VARIOUS SERVICES.

USERS HEREBY ACKNOWLEDGE THAT THE COMPANY DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO WARRANTY OR QUALITY OF GOOD AND WORKMANLIKE SERVICES, WARRANTY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the skillpockets Platform to a Service Provider being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by skillpockets of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they select, interact, or contract with via the skillpockets Platform.

The skillpockets Platform enables connections between Users for the fulfillment of service. skillpockets is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of service, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. The Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services requested or services provided by, or the communications of or between, Users identified through the skillpockets Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

When interacting with other Users, you agree to exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. The Company will not be liable for any false or misleading statements made by Users of the skillpockets Platform.

Article 3 ID, etc.

1) Users shall use the email address and password (hereinafter collectively referred to as "ID, etc.") registered with the Company when using the services provided by the Company.


2) Users shall be responsible for the use and management of IDs, etc., and shall not disclose or use them to third parties. 


3) If the ID, etc. is stolen or forgotten, or if the ID, etc. is found to be used by a third party, the User shall immediately notify the Company and follow the instructions from the Company. 


4) Users cannot have multiple IDs. In the unlikely event that one User registers as a User more than once and is found to have multiple IDs, etc., the Company may deregistrater such User.


5) If a User causes damage to a third party or the Company due to unauthorized use of the ID, etc. of the third party, the User will compensate the third party or the Company for the damage caused by such unauthorized use.

Article 4 Registration information

1) The Company shall retain and manage the registration information of all Users, including IDs. User registration information includes both information that is published on the Site (hereinafter referred to as "public registration information") and information that is not published on the Site (hereinafter referred to as "private registration information"). 

2) The Company shall properly manage and handle the User's registration information, and the handle information that can identify a specific individual (hereinafter referred to as "personal information") in compliance with the company’s undertakings related to "Handling of personal information on the Site".

3) The User shall specify the distinction between public and private registration information by the prescribed method at his / her own risk on the registration screen when the User registers the information. When the User enters the information and applies for registration, it is considered that User has agreed that the registration information designated as public information, will be published on the Site.

4) The User shall be liable for any damage suffered by the User due to the disclosure of the information entered by the User as public registration information, and the Company shall not be liable. Users agree to take due care,  when entering the public registration information.

5) Users agree not to make false declarations regarding registration information, at the time of registration.

6) If there is a change in the address, telephone number, or other registered information, the User shall promptly carry out the prescribed change procedure. The User shall be liable for any damage suffered by the User due to the failure to register such changes , and the Company shall have no liability whatsoever. 

Article 5 Prohibitions of Users

When using this service, the User shall not perform any of the following acts (hereinafter referred to as "prohibited acts") either intentionally or through negligence. If a User commits a prohibited act, The Company may take measures as deemed appropriate, such as deleting the part corresponding related to the prohibited act, suspending the use of this service, or canceling the User’s usership without prior notice. In that case, the Company will not accept any questions or complaints regarding these measures, and the Company shall not be obliged to disclose the reason for such action by The Company.

List of prohibited acts

1) Acts that are offensive to public order and morals

2) Acts that lead to criminal behavior

3) Acts that infringe on the rights of other Users, third parties, or the Company's intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility model rights, trademark rights, know-how, portrait rights), and confidentiality etc. 

4) Acts aimed at soliciting groups, services, activities, etc. that are not related to the Site.

5) Acts that cause inconvenience or disadvantage to other Users, third parties or the Company, or acts that slander or damage these persons or damage their honor or credibility.

6) Acts that impair the system infrastructure of the Site by using or providing harmful programs such as computer viruses, or acts that interfere with the operation of the Site by our company.

7) Acts that violate the pre-election campaigns, election campaigns or similar including elections for public office.

8) Acts associated with financial or economic interests such as buying and selling of unrelated goods or services, exchange of goods, gifts, etc, with other Users or third parties by methods other than those approved by the Company. HEREBIT Acts, as well as the act of establishing or soliciting pyramid schemes, or any other non approved act of using the Site for commercial purposes.

9) Acts that are judged to have an adverse effect on minors.

10) Sending or requesting spam emails or emails to unspecified Users, reading them, answering questionnaires, or extorting or requesting other Users to forward such emails to third parties. 

11) Publishing personal  information of the User or a third party.

12) Unauthorized reproduction or redistributing of e-mail or any contents of the Site.


13) Acts that violate the law.

14) Acts that promote the acts stipulated in this section.

15) Acts that the Company judges to be related  to acts stipulated in this section

16) Other acts that the Company deems inappropriate.

Article 6 Information exchange between Users, etc.

1) The Company shall not be liable for the exchange of information between Users through the Site or any related .

2) Regarding the exchange of information between Users through the Site, if the information is infected with any viruses and the Company, and other Users or a third party suffers damage, the User who posted the information shall compensate the damaged party for the damage caused. Further, the Company shall not be liable to any User or third party for such damages.

Article 7 Attribution of rights

1) Intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility model rights, trademark rights, and know-how) and other rights related to the information posted on the Site shall belong to the Company (or original  copyright holders), unless otherwise specified . Unless explicitly approved by the Company, Users shall not use  information obtained through the use of the Site for any other purpose than the specified purpose by the Company 


2) The copyright in the preceding paragraph shall include the rights prescribed in Articles 27 and 28 of the Copyright Act under Japanese law.


3) Users grant the moral rights of authors (publication right, name display right, identity retention right) to the Company and third parties who have legally acquired the rights from the Company or have legally licensed the rights. It shall not be exercised.

Please note that the information on the Site may be published in newspapers, magazines, etc. or published as publications. However, from the viewpoint of personal information protection and privacy protection, personal information such as name and address will not be disclosed without the prior consent of the user. For details, please see "Handling of personal information on the Site".

Article 8 Receiving and sending e-mail

1) When receiving and sending emails related to the Site, the User agrees to use the only email address registered with the Company.

2) The Company shall not be liable for damage caused to the User as a result of receiving or sending emails that use an e-mail address other than the e-mail address registered by the User.

3) The information posted by the  Company, or  sent to Users by email,  is at the sole discretion of the Company.

4) The Company may choose to  reply or not to a User email, at the sole discretion of the Company.

5) If Users reply by a method different other than the method specified by the Company, the Company  will not be liable for any damage to the user.

6) Users are solely responsible for the content of the e-mails sent by the User.

 

Article 9 Advertising of products, etc.

Advertisements for products or services are based on the materials provided by Users that are Service Providers, and the Company shall not be liable for the contents of such advertisements, and the Users acknowledge this in advance of using the Site.

Article 10 Cancellation of usership

1) In the following cases, the Company shall have the right to cancel the usership without the consent of the User.

  (1) When the usership is used illegally.

  (2) When the Site is used for commercial purposes by a method other than that approved              by the Company

  (3) When a non-factual information is found in the User's registration information.

  (4) When an act that may threaten the credibility or social status of the Site is discovered.

  (5) Unauthorized use of the Company’s services and systems.

  (6) If you fail to make due payments when using the service.

  (7) If a User violates any of the provisions of this agreement.


2) If a User’s usership is cancelled, that User shall lose all rights that existed based on the User’s relationship with the Site.

Article 11 Withdrawal

If a User wishes to withdraw from the Site, the User shall apply such withdrawal using the withdrawal page on the Site. The user agrees in advance that access to the data, etc. accumulated by the User using the Site, shall no longer be available to the User, upon such withdrawal.

Article 12 Responsibility

1) In addition to being individually stipulated in this agreement, Users shall be responsible and expensed if they intentionally or negligently cause damage to the Company or a third party regarding the use of the Site or the services provided through this site. Any such  damage shall be compensated to the Company by the User.

2) If a dispute arises with or causes damage to a third party in connection with the use of the Site or the services provided through the Site, the User will resolve it at his / her own risk and expense. 

3) if the Company or a third party receives complaints, or claims from another User or another third party related to information posted by a User, or other reasons attributable to the User, the User shall resolve such complaints or claims at User’s own expense, and the User shall make compensation for the damage caused to the Company or the third party.

Article 13 Information / Services

1) Regarding the various information and services provided by the Company, the Company shall not be obliged to investigate or guarantee the completeness, accuracy, usefulness and purpose of the information.

2) The Company shall have the right to edit and reconstruct information such as manuscripts, images (including videos, still images, sketches, etc.), audio, etc. provided by third parties or Users, and Users agree not to  object to such editing or reconstruction.  The Company shall not be obliged or expected to to make such edits.


3) Regarding the information and services the Company provides to Users, there is no guarantee of completeness, accuracy, usefulness and purpose of such information. In addition, the Company shall not be liable for any damages (including physical, mental and property damages) caused by information to the Users.

4) If the User posts personal information such as ID, or personally identifiable information on the Site, based on Article 4.3 It shall be deemed that the consent of disclosure of such information has been obtained, and the Company shall not be liable for such disclosure.

Article 14 Deletion of data, etc.

1) The Company may at its own discretion, without prior notice to the User, delete the data, etc. accumulated by the User in the equipment for the Site(including database configurations by third parties) if the allowed data retention period or volume of data exceeds the limits set by the Company. In addition, as part of operations and of the Site, data registered by the user into the Site, may be deleted without notifying the user in advance.

2) The Company shall have no responsibility or liability for damage to the user  for the deletion of data as per the preceding paragraph.

Article 15 Service interruption or suspension

1) In the following cases, the Company may suspend part or all of the service without the consent of the User.

2) In the case of periodic maintenance, update or technical urgency related to the Site and / or  the related network.

3) In the case that service provision is disrupted due to force majeure such as fire, power outage, or natural disaster.

4) In addition, when we judge that service continuity is difficult due to disruption by unforeseen circumstances.

5) The Company shall not be liable for any disadvantage or damage caused to the User due to the situation set forth in the preceding paragraph.

Article 16 Change or cancellation of service content

1) The Company may change or discontinue the content of the service without the approval of the User.

2) The Company shall not be liable for any disadvantage or damage caused to the user due to the situation set forth in the preceding paragraph.

Article 17 Disclaimer.

1) The Company reserves the right (but is not obliged) to diagnose, manage, and delete information exchanged between Users, including but not limited to reviews, postings on bulletin boards, community participation, and email exchange.

2) We will make commercially reasonable efforts regarding the stable and continued service provision, service accessibility and service usage, but the Company does not provide any guarantee of continued service.

3) The Company shall not be liable for any troubles between Users, between Users and third parties, or between third parties. In the unlikely event that a problem occurs, the parties, excluding the Company, shall resolve it between themselves.

4) If following a conflict that arises related to the service provided by the Company, a claim is made to the Company by a User or a third party, and a court awards damages or other costs, the Company’s treatment of the case will be that the Company has no liability for costs or damages (including damages, legal fees and attorney's fees), and the user who causes of the trouble will bear  all costs related to such conflict.

5) If it is difficult or impossible to connect to the Site, or if some or all of the services are incomplete or not completely provided, the Company shall have no liability.  In addition, Users who can connect to the Site in such situations, cannot hold the Company responsible or liable for any service irregularities.

6) The Company shall not be liable for any damages caused to Users or third parties by the Site or the services provided through the Site.

7) Regardless of the nature of the trouble related to the Site, Japanese law will govern all disputes regarding services provided by the Company, and the Tokyo District Court will be the exclusive jurisdiction court.

Acknowledgement and Consent
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE skillpockets PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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