These Terms of Service (the "TOS" or “Agreement") shall apply to Customer's use of services on RegionUP.com, the site that offers online job resources and content for the Professional-Level jobs market operated by BizReach, Inc. ("RegionUP" or "we" or "us" or other similar pronouns), including without limitation, packaged professional services, all linked pages, content, products and offline components ("Service" or "Services")
3. Certain Definitions.
The words "You" "User" or "Customer" or "Client" as used herein refers to employers and professional recruiters who are accessing or using RegionUP to post jobs, search for, identify and reach out to job seekers ("Member" or "Members") in the employment market for professional positions The term "Customer Content" as used herein shall mean any information that Customer or any of Customer's Users submit, publish or display on RegionUP.com or on any other subdomain of RegionUP.com. RegionUP.com and all other such subdomains of RegionUP.com are collectively and individually referred to herein as the "Website."
- Job Postings. Customer may post jobs on the Website. All jobs eventually posted on the Website are at the sole discretion of RegionUP. Customer shall be solely responsible for the contents and materials contained in its job postings. Job posting features may be modified by RegionUP at any time and without prior notice.
- Search. Customer is entitled to access the RegionUP Resume Database (the“Database"), but agrees that all information obtained shall only be used for the sole purpose of obtaining and assessing the suitability of Members. Customer acknowledges and agrees that it shall disregard any personal data received from Members which are irrelevant to obtaining and assessing the suitability of candidates. The Website may not be used to mine information from Members or collect their resumes for unspecified potential future positions.
5. Termination of Services.
If Customer or any of Customer's listed Users breach any provision of the TOS or if Customer uses the Service in any way RegionUP deems improper at RegionUP's sole discretion, then RegionUP, without prejudice to any other remedies available under any applicable law, may terminate access to any Services or the Website, including Customer's account membership, access to the Database and/or immediately removing any job postings posted by Customer on the Website. In the event that any governmental or regulatory authorities direct or instruct or give guidance that RegionUP should cease the Services or the Website or the Services or Website would cause RegionUP to be in breach of any laws or regulatory requirements or guidance to which it is subject, RegionUP shall be entitled to immediately terminate Customer's account membership and/or Customer's access to and use of the Website and Services forthwith without entitling Customer to receive any compensation in respect of the termination.
6. Unauthorized Use & Access.
Unauthorized use or access of the Website and RegionUP's systems including but not limited to unauthorized entry into any of RegionUP's systems, misuse of passwords or of any information posted to the Website is strictly prohibited.
7. Disclaimer of Warranties.
ALL OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY ON THE OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS. CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT RegionUP HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, THIS WEBSITE OR ANY OF THE SERVICES OR INFORMATION PROVIDED THEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RegionUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE OR ANY OF THE SERVICES OR INFORMATION PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION, THE RegionUP SERVICE, IN TERMS OF ITS AVAILABILITY, ACCURACY, ADEQUACY, CORRECTNESS, PRECISION, TIMELINESS, COMPLETENESS, THOROUGHNESS, RELIABILITY OR OTHERWISE. RegionUP EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED THEREIN, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE EXCEPT TO THE EXTENT ANY SUCH DAMAGES ARE THE RESULT OF RegionUP'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES. NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM DEFECT, COMPUTER VIRUS OR OTHER ERROR IS GIVEN IN CONJUNCTION WITH ANY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED BY RegionUP. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES THEREON WILL MEET USERS' REQUIREMENTS.
8. Limitation Of Liability.
The Website acts as a platform for employers/recruiters to post jobs, search for and connect with candidates, and for candidates to post resumes, search for jobs and connect with employers/recruiters.
RegionUP is not involved in the actual transaction between employers/recruiters and candidates. As a result, RegionUP has no control over Member or Customer Content, quality, safety or legality of jobs or resumes posted,
and makes no representations about any jobs, resumes or Member or Customer Content. RegionUP shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or seeking jobs on or through the Website.
Customer acknowledges and agrees that it is solely responsible for the accuracy, form and substance of any Customer Content that is posted on the Website.
For the avoidance of doubt, Customer acknowledges and agrees that:
in the actual transaction between employers/recruiters and candidates, RegionUP neither acts as agent for the employers/recruiters nor agent for the candidates. Any transaction to be entered into shall be a matter between the employers/recruiters and candidates in question;
RegionUP is not a party to any agreement or contract that a employer/recruiter and candidate may enter into with each other and RegionUP disclaims all liability in this regard;
RegionUP is not an employment agency or employment agent.
Except as expressly provided in these TOS, in no event shall RegionUP, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation, any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, the Services, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if RegionUP, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall RegionUP, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any User or other person or entity on or through the Website.
Without prejudice to the foregoing, RegionUP's maximum total, aggregate liability arising out of or in connection with the Website, the Services and any information or services provided therein, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will in no event exceed the total amount Customer has paid to RegionUP within the twelve (12) month period preceding the date the claim first arose.
Customer agrees to defend, indemnify and hold harmless RegionUP, its parents, subsidiaries, affiliates and their respective officers, employees and agents from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to i) Customer's use of the Website and any content contained therein, ii) Customer's Content or any information or material that Customer posts to or transmits through the Website, iii) Customer's violation of the TOS, or iv) infringement by Customer or other user using Customer's computer or account, of any intellectual property or any other right of any person or entity. RegionUP shall provide notice to Customer promptly of any such claim, suit or proceeding. RegionUP reserves the right and shall have the option, at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, and in such case, Custome agrees to cooperate with RegionUP's defense of such claim.
10. Intellectual Property.
- RegionUP's Materials. Customer acknowledges and agrees that as between Customer and RegionUP, RegionUP owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to the Website and owns or has otherwise acquired the rights to all content provided by RegionUP on the Website, including without limitation, site design, text, graphics and interfaces ("RegionUP Materials"). Any use of RegionUP Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of RegionUP is strictly prohibited..
- Customer Content. By posting Customer Content to any public area of the Website, including without limitation, message boards, profiles, forums, contests and chat rooms, Customer acknowledges, represents and warrants that it has the right to furnish and/or license such content and except as provided herein, Customer automatically grants to RegionUP and its affiliates a perpetual, royalty-free, non-exclusive, transferable and irrevocable right and worldwide license to use, copy, reproduce, publish and distribute Customer Content in connection with and as necessary to effectuate the Services. RegionUP cannot be responsible for maintaining any Customer Content that Customer provides to RegionUP, and RegionUP may delete or destroy any such Customer Content at any time without prior notice.
- No Warranty. RegionUP does not represent or warrant that the use of the Website and Services will not constitute an infringement or misuse of any third party intellectual property rights. Customer agrees to assume all risks arising out of or relating to Customer's use of the Website and the Services. Notwithstanding anything that may be to the contrary, RegionUP makes no warranty that any information, material or content made available by RegionUP via the Website does not contain computer viruses and RegionUP accepts no responsibility or liability whatsoever relating to the aforesaid.
- End user licence agreements. Customer agrees to be bound by and shall execute any end user licence agreements relating to any software or technology utilized on the Website and the Services that RegionUP may from time to time require Customer to agree to and execute for the purpose of the provision of the Services on the Website, failing which Customer's use of the Website and the Services shall be discontinued or suspended at the discretion of RegionUP.
- Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website and/or on content available on the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.
11. Acceptable Use Policy.
- User Identification. As part of our security procedures, Users will be assigned or asked to create a user identification and password. Users must treat such information as confidential, and shall not disclose it to any third party. Customer is responsible for any activities associated with its account. RegionUP reserves the right to disable any user identification or password, whether chosen by Customer or allocated by us, at any time if RegionUP's determines that Customer has failed to comply with any of the provisions of this Agreement.
- Unauthorized Use. Unauthorized use of the Website and RegionUP's systems including but not limited to unauthorized entry into any of RegionUP systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited. RegionUP reserves the right, in our sole discretion, to immediately revoke a User or Customer account and/or seek all other legal remedies available for scraping jobs, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.
- Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") are protected under copyright, trademark and other laws. All such content is the property of RegionUP its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of RegionUP and is protected by copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. Customer must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorized copy they make of such content. You shall only have a limited, non-exclusive and revocable right to access, view and use the Website Content, subject to the TOS.
- Website Restrictions. The job posting, resume database ("RegionUP's Resume Database") and other features of the Website may be used only for lawful purposes by individuals seeking employees. Customer may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, Website Content, (a) in violation of any applicable law or regulation, (b) that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
- Prohibited Uses. Customer is prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
- accessing data not intended for Customer or logging into a server or account that Customer is not authorized to access;
- sharing Customer username and password with individuals not authorized to access the data;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- RegionUP also specifically prohibits the following:
- Posting jobs or content on the Website that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading;
- Using RegionUP's Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the RegionUP's Resume Database to sell or promote any products or services;
- Posting or submitting to the Website any incomplete, false or inaccurate biographical information or information which is not owned or licensed by the poster;
- Sending unsolicited mail or e-mail, or other communications, making unsolicited phone calls, sending unsolicited faxes, or sending other communications through the Website regarding promotions and/or advertising of products or services to other Customers or Members;
- Aggregating, copying or duplicating in any manner all or part of the Website Content or information available from the Website, without express written consent from RegionUP.
- Customer Content and Submissions. Users are solely responsible for all User account information, employer account information or job postings, Profile, Customer Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that Customer posts on the Website or any text or other information that Customer transmits to other customers or Members or RegionUP personnel. Customer agrees that in submitting Customer Content or otherwise using the Website that Customer will not impersonate any person, or submit any material, content or other information to the Website that is false, inaccurate, misleading, defamatory, obscene, vulgar, racist, discriminating of any individual or group, violent or threatening or promotes violence, unlawful, or that is otherwise in violation of Customer obligations under these TOS.
12. Links to Other Sites.
This Website may contain links to websites controlled or offered by third-parties. Customer acknowledges that RegionUP is not responsible for the availability of,
or the content located on or through any third-party website. RegionUP makes no representations about and disclaims liability for, any information, materials,
products or services posted or offered at any of the third-party websites linked to this website. By providing such links, RegionUP does not endorse or recommend any products or services offered or information contained therein,
nor is RegionUP liable for any failure of products or services offered or advertised at those websites. If a User decides to access such linked third-party web sites,
For the avoidance of doubt and notwithstanding that we endeavour to review each job listing found online or submitted by Customers, Customer acknowledge that RegionUP is under no obligation to vet or monitor the Customer Contents and Customer agrees and undertakes that Customer alone will be wholly responsible for Customer Content that Customer submits to RegionUP.
Upon the request of any government authorities, a court order, the legitimate request of a person who alleges that any of Customer Content is defamatory of that person (RegionUP shall have absolute discretion in determining whether such request is legitimate and/or the material in question defamatory), or the legitimate request of the copyright owner of any of Customer Content (RegionUP shall have absolute discretion in determining whether a request is indeed from a copyright owner and whether such request is legitimate), Customer agrees that RegionUP may at RegionUP's absolute discretion remove any of Customer Content from the Website and/or disclose Customer's identity, contact details, Customer Content and Customer's information to the requesting party (as well as provide copies of the same).
14. Payment fot Services.
Customer shall pay RegionUP for the Services on the Website at the price in effect on the Website. Payment is neither refundable nor exchangeable for cash. Customer shall make payment by [credit card] or any other payment mechanism permitted by RegionUP, as described on the Website. Customer hereby authorizes RegionUP to collect (whether directly or indirectly) such amounts by charging Customer's credit card (details of which to be provided by Customer), via a third party online payment processor or by one of the payment methods described on the Website. If Customer is directed to RegionUP's third party payment processor, Customer may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. RegionUP shall not be responsible for any damage, loss or harm to Customer resulting from Customer's use of that third party's service.
RegionUP may at any time review and revise the fee for the Services, and any new Services fee so specified by RegionUP shall apply from such date as RegionUP may determine at its absolute discretion.
Customer shall pay to RegionUP, in addition to the Services fee, a sum equal to any applicable taxes chargeable on the Services fee.
15. Governing Law.
This TOS is governed by the internal substantive laws of Japan, without reference to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Tokyo District Court or the Tokyo Summary Court of Japan.
All notices, demands or other communications required or permitted to be given or made under or in connection with this TOS by Customer shall be in writing and shall be sufficiently given or made if sent by email (provided that there has been successful transmission) to
All notices, demands or other communications required or permitted to be given or made under or in connection with this TOS by RegionUP shall be in writing and shall be sufficiently given or made if posted on the Website and/or sent by email to the valid email address provided by Customer.