Terms and Conditions

Article 1: Definition
     The definitions used in these Terms and Conditions are as follows.
  1. "HomyWorks (hereinafter the “Service”)" is an online remote work support web application provided by WestActon, Inc.
  2. The Company refers to WestActon, Inc.
  3. Terms and conditions refer to the contract agreed between The Company and contractors.
  4. "Contractors (hereinafter the “User” or “Users”)" are the ones who agreed to the terms and conditions.

Article 2: Application and changes in terms and conditions
  1. These Terms and Conditions apply to all The Users. If The Users do not agree to the Terms and Conditions, they cannot use The Service.
  2. The Service can be used only after agreeing to the Terms and Conditions.
  3. Agree to the Terms and Conditions means to comply with the Terms and Conditions.
  4. The Company may revise the Terms and Conditions at any time, and The Users need to agree to continue using The Service. Unless otherwise provided in the Terms and Conditions, revisions will be notified to The Users through The Service. The revision is effective immediately after notification. If The Users do not agree to the revision, they can terminate The Service as described in article 14.
  5. Upon revision in the Terms and Conditions, The Company may request to accept the revision.

Article 3: Provision of The Service
  1. The Company will provide The Service faithfully.
  2. The Users will prepare the required environment at The Users' cost and responsibility. Required environment means anything that is required to use The Service, including but not limited to hardware, software, internet connection, security, etc.

Article 4: Intellectual property
  1. All content included on The Service, including, without limitation, program, graphics, etc., and any property rights and personality rights including, without limitation, patent rights, utility model rights, design rights, trademarks, copyrights, rights on unfair competition prevention law belong to The Company or licensor.
  2. The Users can use The Service after agreeing to the terms and conditions, but will not acquire any intellectual property rights. The Users shall not attempt reverse engineering, decompile, and/or disassemble any part of The Service.

Article 5: Eligibility
  1. The Users can register The Service after agreeing to the Terms and Conditions. When The Company consents the registration, it will count as the formation of a contract.
  2. The Company may not consent with the registration of The Users. The Company will not disclose the reason for the decline. The Users may not object to The Company's decision.
  3. Individuals under the age of 18 require parental consent to register to The Service.

Article 6: Contract period
  1. The formation of a contract and The Service start date
      The Company prepares the member's page after registration by The Users, which is the consent of registration and the formation of a contract between two parties.
  2. The Service start date
      The Service start date is the first sign-in by The User after the formation of the contract.
  3. Continuity
      The contract is monthly and automatically renewed unless The Users terminate The Service, as described in article 14.
  4. Time zone
      The Time zone in the Terms and Conditions is Japan Standard Time (GMT+9).

Article 7: Verification and password management
  1. It is necessary to register an email address and password to use The Service.
  2. The Users manage the registered email address and password with care and should not provide them to any third parties. If The Users feel that a third party has obtained the password, The Users should immediately change the password.
  3. When any individual logs in using an email address and password of The User registered to use The Service, The Company considers that The Users are using The Service.

Article 8: Service fee
  1. As of this moment, The Company provides The Service free of charge.
  2. The Company has a right to revise service fees at any time. Upon revising the service fee, the new price and payment method will be determined separately.

Article 9: Contact
  1. The Company contacts The Users by written contents, email, notification upload on The Service, or any other measure that The Company considers appropriate. If contact was done through email or notification on The Service, The Company considers that it was reached when the information was distributed over the internet.
  2. The Users contact The Company through mail form or chat support page. The Company will not respond to any other measure by The Users.

Article 10: Personal information
     The Company may obtain personal information from The Users for them to use The Service.
     If proper personal information is not provided, The Users may not make full use of The Service.
  1. The Company will obtain the following information from The Users.
    1. Name
    2. Email address
    3. Corporate name
    4. Sign in name
    5. Sign in password
    6. Information through customer support
    7. Feedbacks from The Users such as evaluation or complaints
  2. The following information is obtained automatically from The Users through using The Service.
    1. Location information
    2. Information regarding usage of The Service
    3. Access time to The Service
    4. Web browse used for The Service and browsed page information
    5. Hardware information, model, IP address, MAC address or any other ID, OS and its version, language, advertisement identifier, serial number, operation information, and mobile network information
  3. The Company obtains the above information for the following purposes.
    1. To provide, maintain, protect, and improve The Service related to registration, identity verification, calculation of fees, etc.
    2. To notify information related to The Service such as contents of The Service, update, event, campaign, change of the Terms and Conditions, etc.
    3. To provide general information regarding The Service to The Users.
    4. To respond to The Users related to feedback or complaints.
    5. To respond to a violation of the Terms and Conditions or any other regulations.
    6. To generate statistical data related to the usage of The Service.
    7. To plan or implement new service in the future.
    8. To verify identity when and after The Users sign in.
    9. To improve The Service quality and advertising optimization by analyzing registration information or usage statistics.
    10. To grasp the advertising distribution situation.
    11. To measure advertising efficiency.
    12. To display behavioral targeting advertising.
    13. To provide personal information partially to The Company's partner advertising agencies.
    14. To distribute or display an advertisement by The Company or third parties.
    15. To deliver the prize to winners of the campaign.
    16. For any other marketing purposes.

Article 11: Change in The Service
     The Users agree and accept that The Company may change The Service, including various terms, prices, and changing or eliminating parts of The Service.


Article 12: Suspension of The Service
     The Company may temporarily suspend The Service without prior notice to The Users in the following situations.
  1. When The Company is conducting regular or emergency maintenance on The Service.
  2. When it becomes impossible to provide The Service due to fire, power outage, or accident.
  3. When it becomes impossible to provide The Service due to disasters such as earthquakes, volcanic eruptions, flooding, or tsunami.
  4. When it becomes impossible to provide The Service due to war, rebellion, riot, civil unrest, or labor dispute.
  5. Unexpected technical issues.
  6. When The Company decides that it is necessary to suspend The Service because of operational or technical difficulties.v

Article 13: Termination of The Service
  1. The Company may terminate The Service at any time if necessary.
  2. Unless where notice is not reasonably possible, the termination of The Service will be notified to The Users through the website or The Service.

Article 14: Cancellation by The Users
     The Users can cancel The Service by submitting a cancellation request at any time.
     The date of cancellation is the date The Company receives the cancellation request.
     The completion of the cancellation will be sent to the registered email address by The Users.


Article 15: Prohibited act
     The Users are prohibited from directly or indirectly engaging in the following conduct, whether intentional or out of negligence.
  1. Conduct any act, including transmitting materials that infringes on intellectual property rights such as copyrights, trademark rights, assets, privacy, or confidential information.
  2. Conduct any act that is detrimental or harmful to The Company and/or a third party.
  3. Conduct any act that violates or may violate human rights or social standards.
  4. Conduct any act that is or may be criminal such as using The Service to commit crimes including fraud, incite crime, and conduct any act that is or may be linked to the crime.
  5. Conduct any act that hinders or may hinder The Company or the operation of The Service, such as an unreasonable or disproportionately large load of the infrastructure of The Service.
  6. Conduct any act that damages or discredits or may damage or discredit The Company or The Service.
  7. To conduct any act that is or may be considered a false report or notification.
  8. Using or supplying harmful programs such as computer viruses through The Service or in conjunction with The Service or conduct that may do so.
  9. To conduct any illegal act.
  10. Allowing a third party to use the email address and password registered by The Users to use The Service.
  11. Lending or transferring The User's status to a third party without the prior written consent with The Company.
  12. To conduct any act that analyzes The Service, including reverse engineering, decompile or disassembler of The Service.
  13. To conduct any act interacts with anti-social forces such as an organized crime group, a member of an organized crime group, a related company, or association of an organized crime group and any other equivalent person of above.
  14. To conduct any act that harms or may be harmful to other users.
  15. To use The Service by using any device to nullify hardware or software management.
  16. To conduct any act that may cause any act above directly or indirectly.
  17. Any other act that The Company determines to be inappropriate.

Article 16: Termination of The Service
     If The Company notice any violation of the terms and conditions by The Users, The Company may terminate The Service immediately without prior notice.


Article 17: Consent for browse, use, disclose and deletion of data
  1. The Company handles information that was provided, such as information given upon registration and photos (hereinafter provided information) with care.
  2. The Users carry property rights for the provided information. Limited for providing The Service, the Company may duplicate, adapt, make transmittable for automatic public transmission or other methods of provided information.
  3. Considering The Service is based on the nature of the internet communication network, which carries an intrinsic risk of data loss, change, or destruction, The Users backup provided information at their responsibility. The Company is not responsible for any loss or damage caused by neglecting backup.
  4. The Company may browse, use, or disclose provided information to a third party when:
    1. Agreed by The User.
    2. There is a request from investigative agency, court, or administrative agency.
    3. Legally obliged to disclose.
    4. The Company believes that The Users have engaged in an act prohibited by Article 15 of The Terms and Conditions.
    5. It is necessary to do so in order to protect the life, physical wellbeing, or other important rights of The Users or a third party.
    6. It is necessary to do so for the maintenance of The Service urgently.
    7. There is a necessity equivalent to the above items.
  5. The Company may delete any or full of provided information in the following situation. The Company is not responsible for the recovery of deleted provided information.
    1. When The Users agreed.
    2. When The Company believes that The Users have engaged in an act prohibited by Article 15 of The Terms and Conditions.
    3. When The Users canceled The Service based on Article 14.
    4. When The Company terminates The Service based on Article 16.
    5. When The Service is terminated based on Article 13.
    6. When The Users did not sign in for more than a year.
    7. When There is a necessity equivalent to the above items.
  6. Item 4 and 5 do not obligate The Company to implement said action above. The Company has the right to determine the implementation.

Article 18: Agreement regarding how the service provided
  1. The Company provides The Service as is. The Company does not guarantee any of the following. The Company is only responsible for what is written in the terms and conditions.
    1. Any defects or negative impact caused by using The Service.
    2. Accuracy, faultlessness, durability, fitness for a particular purpose or usefulness of The Service.
    3. The Users' compliance with laws or regulations.
  2. The Company uses SSL encryption when providing the Service. The Users agree and accept the use of the Services with this security level.
  3. The Company bears no responsibility for any data sent or uploaded by The Users using The Service.

Article 19: Disclaimer
  1. The Company bears no responsibility for damage caused to The Users by a third party using The User's email address and password regardless of whether it was provided intentionally or through the negligence of the User.
  2. The Company bears no responsibility for damage caused to The Users by a third party using The User's email address and password regardless of whether it was provided intentionally or through the negligence of the User.
  3. The Users agree that that none of The Company bears responsibility for direct, indirect, or actual damages incurred while the service is suspended as described in Article 13.

Article: 20 Confidentiality
     The Company handles confidential information with care. Unless there is a request from a court, administrative agency, or agreed by The Users with written content, The Company will not disclose confidential information to third parties.

　
Article 21: Governing laws
     The conclusion, force, implementation, and interpretation of the Terms and Conditions are governed by the laws of Japan.

　
Article 22: Jurisdiction
     The Tokyo District Court will be the exclusive court of jurisdiction in the first instance for any dispute rising out of or in connection with the terms and conditions.

　
Article 23: Discussions
     Should an issue between The Company and The Users arise, The Users agree to conduct discussions in good faith with The Company to resolve the issue.

Last Update：2021/07/30


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