These terms of use (hereinafter referred to as the “Terms of Use”) for providing and operating consulting services (“the Services”) set forth the terms and conditions to be agreed by you as users (“Users”) with regard to the use of the Services provided by Ozaki Consulting Co.,Ltd. (“Company”). These Terms of Use are applicable to all Users whose registrations have been satisfactorily completed in accordance with the provision hereof. Please read these Terms of Use carefully, as you will be deemed to have agreed to all of the provisions hereof upon the completion of your registration by the Company.

1. General Provision, Scope
   
   1. These Terms of Use set forth the basic provisions regarding the use of the Services provided and operated by the Company, which all Users are obligated to comply with.
   2. Any separate or additional terms established by the Company through the Company Website or the Services or any rules released through e-mails and similar means in relation to the Services shall constitute a part of these Terms of Use. If any provision of such separate/additional terms or rules (hereinafter collectively referred to as “Individual Terms of Use”) is in conflict with any provision of these Terms of Use, the provision of the Individual Terms of Use shall prevail.
2. Definitions
   
   1. As used in these Terms of Use, the following terms shall have the following meanings:
      
      1. “Recruiter” means any recruiters that post job(s) or job-related event(s) on the Services.
      2. “User” means an entity or individual who is agreed to the Terms of Use separately established by the Company and whose user registration has been completed in accordance with the provisions of Article 3.
      3. “Registration Information" means any information which the Company specifies and collects from Users upon registration, any information which the Company deems as necessary and requests from Users during their use of the Services, and any information added or modified by Users with respect to the above-mentioned information.
      4. “Content” means any information that is available to Users through the Services, including, but not limited to, texts, images, videos, audios, musics and other audible sounds, graphics, software, programs, codes, and other types of data.
      5. “User Account” means the right or qualification of Users to use the Services.
      6. “User Content” means any information that is provided by Users through the Services, including, but not limited to, photos, files, texts, personal data and other types of data, made available to the Company for the purposes stated herein.
      7. “Company Website” means the website with the domain name http://jobsugoi.com/ which is operated by the Company to provide the Services. If for any reasons there is a change to the domain and/or Contents, the Company Website shall be the subsequent website after any such change.
      8. “Intellectual Property Right” means copyright, patent right, utility model right, trademark right, design right and any other intellectual property right, including the right to obtain and register any such right.
3. User Registration
   
   1. An entity or individual who wishes to use the Services (“Applicant”) may apply with the Company upon agreeing to comply with these Terms of Use and providing Registration Information in the manner prescribed by the Company.
   2. The express consent of a parent or a legal guardian is required in order for minors to apply to use the Services. With respect to any minor who has been successfully registered as a User, the consent from such minor’s parent or a legal guardian shall be deemed to have been obtained.
   3. The Company shall screen applications of Applicants in accordance with the standards established by the Company, and shall notify the Applicants of either approvals or denials. Applicants will become Users only when the Company provides the Applicants with registration completion notices.
   4. Upon Applicants successfully being registered as Users according to the foregoing paragraph, a service agreement based on the provisions of the Terms of Use shall become effective between the User and the Company, thereby allowing the User to use the Services in the manner prescribed by the Company.
   5. Applicants and Users shall provide true and accurate information when providing User Information. The Company shall not be in any way be held liable for any loss or damage incurred by Applicants/Users as a result of any false, misleading or incomplete information in the User Information.
4. Changes in Registration Information
   
   1. Users shall notify the Company of any changes to User Information within a reasonable time from such changes, in a manner specified by the Company.
   2. If any notices provided by the Company fail to reach Users on time due to reasons attributable to the Users’ non-compliance with the preceding paragraph, the notices provided by the Company shall be deemed to have reached the Users within the prescribed period of time and Users may not make any objections in regard to the timing of arrival of the notices from the Company.
5. User Account
   
   1. Users shall be responsible for thoroughly keeping and safeguarding their own User Accounts used for the applications. Users must not allow third parties to use such User Accounts. In addition, Users must not transfer, modify, sell or otherwise dispose of the same to third parties. Upon the Company’s verifying that a registered User matches the information stated in such User’s User Account, the Company shall deem that such registered User has a User Account and uses the Services.
   2. Users shall be responsible for any loss or damage arising from their own mismanagement or inappropriate safeguarding of their Accounts, or from any unauthorized use of their Accounts by third parties. The Company shall not be held liable in any way for such loss or damage.
   3. In the event Users discover the unauthorized use of their Accounts by any third parties, such Users shall immediately notify the Company to that effect and follow the instructions given by the Company to resolve the matter.
6. The Services
   
   1. Users may request the Company to apply for the job as a representative in the manner separately established by the Company.
   2. Users shall acknowledge that the Recruiter has sole discretion to employ any Users found most suitable. The Company shall not be in any way involved or responsible for any trouble and dispute arising from Recruiter’s decision.
   3. Users shall acknowledge that Recruiters may search for Users and, from time to time, send messages to Users for their recruitment to email addresses registered by the Users.
7. Prohibited Acts
   

   Users shall not, and shall warrant that they will not, engage in any of the following actions on their own behalf or through third parties in connection with their use of the Services.

   1. The act of using the Services for purposes contrary to the intended purpose of the Services such as for criminal acts and similar acts;
   2. In addition to those listed in (a) above, any acts not in compliance with the purposes of these Terms of Use, any separate Individual Terms of Use, or the Services;
   3. Any acts that infringe or which are likely to infringe intellectual property rights, publicity rights, the privacy, the reputation, or any other rights or benefits of the Company, the Recruiters, other Users, or third parties;
   4. Any acts that overload the network or system of the Services, regardless of the means used;
   5. Any acts that transmit or embed computer viruses or other harmful programs into the Company Website or application;
   6. Regardless of whether for or not for profit, any acts that modify, change, edit, remove or otherwise change the descriptions or functions provided on the Company Website, application or in the Services
   7. Any acts that cause damage to the Company, such as unlawfully accessing any of the systems connected to the Services without authorization or modifying any information or data stored within the Company’s facilities;
   8. Any acts in violation of applicable laws, regulations, legal decisions, court orders, or other legally binding administrative dispositions; or any acts that encourage such violations;
   9. Any fraudulent, threatening or nuisance acts against the Company, Recruiters, other Users, or third parties (including writing a false on resumes);
   10. Any act that violates an agreement with the Recruiter, such as late for interview, cancellation of interview, denying attending the procedure provided by Recruiter after an agreement between them.
   11. Any application which is not explicitly applicable to qualification or requirements set by Recruiters.
   12. Any acts under which the false identity of the Company or third parties, including other Users, is assumed; or
   13. Any other acts deemed inappropriate by the Company.
8. Violations
   
   1. If the Company deems that any of the following conditions apply or are likely to apply to a User, the Company may, at its discretion, suspend or restrict the use by such User of the Services, and/or delete the Account of such User (hereinafter collectively referred to as “Suspensions of Use”):
      
      1. The User has violated any of the provisions herein;
      2. All or part of the User Information provided by the User is found to have been false;
      3. The User has died or received a ruling for guardianship, curatorship, or assistance to commence;
      4. The User does not respond to the Company’s inquiries or requests for responses, and 30 or more days have passed;
      5. The User is, or is involved with, Antisocial Forces, engaging in the maintenance, operations, or management of such Antisocial Forces, such as by providing financing or funds;
      6. The Company deems that the deletion, suspension or restriction of the Services is necessary; or
      7. The Company deems that reasons similar to the above exist,
   2. Any Suspensions of Use shall not relieve the User of any responsibilities or obligations to compensate the Company or third parties under any user agreements, including, but not limited to, compensation for damages.
   3. The Company shall not be in any way responsible for any loss or damage incurred by Users as a result of the actions under this Article.
9. Changes, Additions, Terminations, or Suspensions of the Services
   
   1. The Company reserves the right to make changes or additions to all or part of the Services without giving prior notice to Users.
   2. The Company reserves the right to terminate the provision or operations of all or part of the Services at its discretion, upon which event the Company will notify Users to that effect in a manner deemed appropriate by the Company; provided, however, that such terminations may occur without advance notices in case of emergencies.
   3. In the event of any of the following, the Company shall be able to temporarily suspend all or part of the Services without giving prior notice to Users:
      
      1. Emergency or periodical maintenance or repair work is performed on the hardware, software or other network devices for the Services;
      2. There has been a system overload due to increased usage or other unexpected reasons;
      3. Regardless of the cause(s) thereof, if it is difficult to provide Affiliated Services, or operations are unstable.
      4. There is a need to ensure the security of Users;
      5. Telecommunications providers do not provide services;
      6. Provision of the Services is rendered difficult due to a force majeure event;
      7. Provision of the Services is rendered difficult due to fires, power failures, accidents, wars, disputes, disturbances, riots, labor disputes, and such similar events;
      8. Provision of the Services is rendered difficult due to laws or regulations or due to any dispositions made in accordance with such laws or regulations; or
      9. The Company deems it necessary to suspend the Services for any reason equivalent to any of the preceding items.
   4. The Company shall not in any way be held liable for any loss or damage incurred by Users as a result of the actions under this Article.
10. Ownership of Rights
    
    1. Any and all Intellectual Property Rights pertaining to the Contents provided by the Company through the Services shall belong to and remain the property of the Company and/or the licensors licensing such Intellectual Property Rights to the Company. No license granted hereunder in connection with the Services shall be construed to confer any license or right with respect to the Intellectual Property Rights of the Company and of the licensors licensing such Intellectual Property Rights to the Company.
    2. Unless permission is obtained from the Company, Users may not modify, edit, or adapt any information; or allow any third party to use any information; or disclose any information to any third party; which is provided by the Company.
    3. The Company’s trademarks, logos and service marks, (hereinafter collectively referred to as “Trademarks, etc.”) which may be displayed within the Services shall not be construed to confer on Users or any third party any license to use such Trademarks, etc., nor shall they be construed to transfer any title thereto.
    4. Any and all Intellectual Property Rights pertaining to the User Contents shall belong to and remain the property of such Users. Recruiters shall grant the Company a license to copy, adapt, publicly transmit, create derivative works, public or perform User Contents to the extent necessary for the Services. The Company shall remain such license even after the Users terminate the use of the Services or the Account of such Users are deleted.
    5. Users agree that they will not exercise moral rights of an author against the Company or persons who succeed to, or are licensed, rights of the Company.
11. Collection, Analysis and Handling of User Content
    
    1. Any information pertaining to Users, including User Content and device information, shall be handled by the Company in accordance with the Privacy Policy separately established. Users shall agree that the Company will handle any information regarding Users, in accordance with the Privacy Policy.
    2. Users shall agree that the Company will be able to use User Content, device information and any other information or data provided by the Users to the Company, for the purposes of providing and operating the Services; and for the purposes of improving the Contents of the Services. Furthermore, the Company shall be able to disclose to the public any such information as statistical data, only to the extent that no individual person or entity is identifiable therefrom.
    3. In addition to the provision of the preceding paragraph, Users shall agree that the Company may provide third parties with any statistical data collected and/or analyzed through the Services for the purposes stated in Paragraph 3 of this Article.
12. Confidentiality
    
    1. Users shall not use Confidential Information for any purpose other than in connection with their use of the Services, and shall not provide, disclose or divulge Confidential Information to any third party without prior written consent of the Company.
    2. Whenever requested by the Company, Users shall return or destroy any and all materials containing Confidential Information, including any relevant reproduced materials, without delay and in a manner specified by the Company.
13. Damages
    
    1. If Users cause damage to the Company by violating any provision hereof or through the Users using the Services, such Users shall be held liable for compensating the Company for any such damage, including any attorney and professional fees and any personnel expenses incurred by the Company.
    2. The Company will not be held liable whatsoever for any loss or damage incurred by any Users in connection with the Users making use of the Services. Even in cases in which the Company has an obligation to compensate Users for damages on the grounds of applicable consumer protection laws, despite the provisions of this Article and other provisions indemnifying the Company’s liability for damages, the damages to be compensated by the Company shall be limited to the direct and ordinary damages actually incurred due to reasons attributable to the Company.
14. Disclaimer and Indemnification
    
    1. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the Services, third party contents provided through the Services, User Contents, information obtained from Affiliated Services, and other information which may be acquired by Users through the Services are suitable for specific uses by Users; that the Services meet User expectations with regard to function, product value, accuracy, usability and integrity; that the use of the Services is in compliance with applicable laws, regulations and other internal rules enforced by relevant organizations applicable to Users; and that the Services are free from any defects or malfunctions.
    2. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the User Contents and third party contents provided through the Services are legally available for use, that they are in compliance with the terms of use for other relevant services provided by third party providers, and that they are not infringing upon any rights of third parties.
    3. The Company may monitor the Contents of the Services to the extent required by law or any provision in the Company’s Privacy Policy, which however shall not be construed as the Company’s obligation to monitor or supervise the Contents or the any handling thereof.
    4. The Company shall not be held liable in any way for any loss or damage caused by or attributable to the Services, including the suspension, termination, interruption or modification of the Services; the deletion or loss of information transmitted by Users through the Services; the deletion or loss of Accounts; any damage or failure of devices; any loss or damage attributable to the Contents or third party contents; and for any other reasons whatsoever.
    5. In the event of any dispute arising between a User or a third party, the User shall immediately notify the Company to that effect and resolve the matter at the User’s own cost and responsibility, and the Company shall not be in any way involved or responsible therefor.
15. Termination by Users
    
    1. Users may terminate the use of the Services at any time, by following the procedures specified by the Company, upon which point in time such Users will no longer be able to use the Services.
    2. When Users terminate the use of the Services, the Company may delete the User Accounts of such Users without giving any advance notice.
    3. Even if the User Accounts of Users are deleted, the Company may retain and use such User information provided by the Users to the Company, regardless of the reasons of such deletion.
16. Effective Period of Use
    

    This Terms of Use shall be effective from the date on which User Registration was completed by the Company according to Article 3 hereof, and until such time when Users terminate the use of the Services, or until the time User Accounts are deleted, whichever comes first.

17. Amendments
    

    The Company reserves the right to make amendments or additions to these Terms of Use and other Individual Terms of Use associated with the Services based on the Company’s discretion at any time, upon which the Company shall notify Users of such amendments or additions in accordance with the provisions of Article 18 hereof. Users shall be deemed to have consented to such amendments or additions based upon the Users’ continued use of the Services after notice is given; or at least until such time Users take necessary procedures to terminate the use of the Services within the period prescribed by the Company.

18. Communications and Notices
    
    1. Any notices regarding amendments to these Terms of Use and any other communications regarding the Services from the Company to Users shall be made by way of posting such notices and communications on the Company Website, emails, push notifications and other means, as deemed appropriate by the Company.
    2. Any inquiries regarding the Services and any other communications or notices from Users to the Company shall be made using the inquiry form on the Company Website or by way of other means as designated by the Company.
    3. The Company may, from time to time, send advertisements and/or promotions to Users regarding the Services to email addresses registered by the Users.
19. Non-Assignment
    
    1. Unless prior written consent is obtained from the Company, Users shall not assign or pledge as security any title or right hereunder or under any user agreement to any third party, whether in whole or in part.
    2. Users hereby agree in advance that in the event the Company transfers its business relating to the Services, the Company shall be able to transfer its title, rights and obligations also under all relevant user agreements in addition to User Information and other client data to the transferee. Any transfers of business as provided for in this paragraph shall include mergers through which the Company is dissolved, absorbed or spun off; or any split-ups of the Company under which the Company becomes the general successor.
20. Severability
    

    If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of these Terms of Use shall continue in full force and effect; provided, however, that the Company and Users shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated by the original provisions.

21. Governing Law, Jurisdiction, and Language
    

    These Terms of Use shall be governed by the laws of Thailand, and any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the appropriate court of Thailand located and with jurisdiction over Bangkok as the court of first instance. In the event of any discrepancy or inconsistency among the English and Thai versions of these Terms of Use, the English version shall prevail.