For transactions in Germany
1.Contract with Wantedly
1.2. If you are a consumer (in the meaning of Sec. 13 of the German Civil Code – BGB, i.e. natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession) please note the statutory right of revocation in respect of contracts you have concluded with us in respect of free or paid services, the details of which you will find here. YOU EXPRESSLY AGREE THAT WE WILL COMMENCE THE SERVICE BEFORE THE END OF THE REVOCATION PERIOD.
1.4. The contract is concluded with WANTEDLY, Inc., MG Shirokanedai building 4F, 5-12-7, Shirokanedai, Minato-ku, Tokyo, 108-0071, registered in the commercial register of the Japanese Ministry of Economy, Trade and Industry No. 0110-01-066673 (hereinafter also referred to as "Wantedly", "we" or "us"). Your personal data provided to, or collected by or for, our Services is controlled by Wantedly. Further contact details, the commercial register data and the persons authorized to represent Wantedly can be found in the Imprint.
1.5. Wantedly Services are provided through websites on the Internet (e.g. wantedly.com) as well as under various subdomains and via mobile applications ("apps"). All websites, subdomains and apps offered by Wantedly are also referred to as "Wantedly Websites".
2. Wantedly Services
Wantedly offers free (unpaid) and paid services. Our Social Business Platform allows individual users to create a personal profile, connect with and follow other Wantedly users.
Wantedly offers further services to which Additional Terms and Conditions or Additional Provisions may apply, particularly the Services listed in Sec. 15.
3. Handling of Customer Data and Content
3.1. Wantedly is not obliged to publish any information or content on any of the Wantedly Websites or Services and we can remove it in our sole discretion, with or without notice.
3.2. Wantedly is not obligated to perform backups of customer data. You should perform backups yourself as needed.
3.3. All rights to your content belong to you; provided, however, that you shall permit, in a non-exclusive manner, Wantedly and Wantedly’s business partners to use, at no charge and without restriction as to the geographical location, frequency or period of such use, any content uploaded with settings making such content accessible to many and unspecified customers, and you shall raise no objections to such use.
5. Signing up for Wantedly Services
5.1. The use of Wantedly Services requires signing up. By finishing the registration the contract for the use of Wantedly services is being concluded. With successful registration, a user profile will be generated for you. You can decide in the settings whether your user profile is visible only to contacts (first and second grade), to all Wantedly users, or publicly. By default, visibility for the following information is set for public: Name, first name, slogan, projects, what I'm good at (ambitions), connections on Wantedly and recommendations. For all other profile information by default visibility is set for first grade contacts.
5.2. The profile is password protected. You are required to keep the password you have chosen secret. We will not pass the password on to third parties and just use it for the registration and log-in process. We will not ask for the password at any time except for the log-in.
5.3. If Wantedly offers paid services or applications on the Wantedly Websites, a contract to use any such service or application will only be concluded if you have signed up for the service and Wantedly has made available the service to you for use. Wantedly is not obliged to enter into the contract. When registering for or commissioning paid services, you accept the related payment obligation and the payment methods offered by Wantedly by clicking on the confirmation box provided in this case.
5.4. When signing up for Wantedly you must be and confirm to be of legal age (18 years). You are required to provide us upon request with evidence for the information required under this section.
6. Creating User Profile for Companies and Legal Entities, Acting for third parties
6.1. User Profiles for companies or legal entities may only be created by officers or employees of that company or legal entity. There must be an officer or employee acting as profile administrator using the feature “Wantedly Admin” described in Section 16.2 below on behalf of the company or legal entity at all times. The profile administrator shall be a member of the team that actually uses the Wantedly Services.
6.2. Recruiting agents and other external human resources consultants or agents must not create accounts for or on behalf of companies, legal entities or any third parties.
6.3. In the event that you act for a legal entity or company, you must be authorized to act on behalf of that legal entity or company. You will be personally liable for any acts or omissions under the Contract unless you have acted overtly for a legal entity or company and can demonstrate that you have been duly authorized to act on behalf of the legal entity or company. Notwithstanding the above you will be personally liable for any breach of statutory obligations, particularly for tort.
7. User obligations
7.1. As a user, you must ensure that all data provided by you is accurate and complete. Every user is obliged to keep such data up-to-date and complete during the entire contract period.
7.2. Each user may only create one user profile. The user must not allow third parties to use their user profile.
7.3. The following acts (including acts and preparatory acts for the inducement of the following acts) are prohibited when using the Wantedly Services:
7.3.2. Acts contrary to public order and morality;
7.3.3. Acts which infringe Wantedly’s rights or reputation or the rights or reputation of any third party;
7.3.4. Harassment, denigration, net stalking, or encouragement of discrimination in regard to any other user and any other act that will be a nuisance or inconvenience to any other user;
7.3.5. Acts for the purpose of sales, promotion, advertisement, inducement or any other activity for profit (excluding acts permitted by the Wantedly), acts for the purpose of meeting or associating with any user of the opposite sex with whom the customer is not already personally acquainted, or any other act which utilizes Wantedly Services for purposes other than those originally intended;
7.3.6. Acts which damage or impede the function of software, hardware, servers, or Wantedly’s networks or any other users or third parties;
7.3.7. Acts which collect and/or disclose, without permission, the personal information, registered information, use history or the like of any other user;
7.3.8. Acts which utilize any other user’s account to use or access Wantedly Services;
7.3.9. Acts which transfer or lend your account to any third party, or disclose your account password to any third party;
7.3.10. Acts which attempt to extract or reverse engineer the source codes of software included in Services; and
7.3.11. the use of Wantedly Services to provide benefits directly or indirectly to anti-social forces (in the meaning of sec. 16.1.8).
7.4. You must pay any of Wantedly’s invoices for paid services you have signed up for when due. Invoices generally fall due one week from the date of the invoice. Wantedly may require that payments are made upfront or recurring payments are being made by authorizing Wantedly to charge your credit card or granting a direct debit authorisation for your bank account.
8. User’s obligation to indemnify and exempt or compensate Wantedly
8.1. If Wantedly is being sued in court or administrative proceedings or third parties claim damages or if Wantedly suffers damage (including attorney fees and any other costs incurred or damages paid) as a result of a claim of a third party resulting from your negligence or willful misconduct, you shall – at Wantedly’s discretion indemnify and exempt from or compensate Wantedly for any such damage.
8.2. Wantedly will notify you of any such claims without undue delay and give you opportunity to defend or help to defend Wantedly against such claim including providing you with all information underlying such claim. Wantedly will not enter into a settlement in respect of such claim before first having tried to liaise with you on possible means of defence. Wantedly will give you the opportunity to defend Wantedly against the claim at your cost and risk if you have furnished sufficient security for any and all costs Wantedly may be held liable for in connection with the claim and legal proceedings (including damages).
9. Service Availability
9.1. We may change or discontinue any of our Services. We shall not be obliged or responsible to store or keep accessible any information and content that you may have posted. This shall not require your prior notification.
9.2. You acknowledge that 100% availability of Wantedly Websites and Services technically is not feasible. However, we make our best efforts to keep the Wantedly Websites and Services available continuously. Please be aware, however, that in particular any maintenance, security or capacity issues, or events outside of Wantedly's control (such as interference with public communications networks), may cause disruption or suspension of Wantedly's Services.
10. Limitation of Warranty
10.1. You accept that Wantedly is technically unable to determine with certainty whether a user registered with Wantedly is actually the person the user claims to be. Wantedly therefore makes no representation or guarantee as to the actual identity of a user.
10.2. When using the Services, you may encounter content or information that might be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful. Wantedly generally does not review content provided by any third parties including other Wantedly users. You agree that Wantedly is not responsible for others’ (including other users’) content or information. Wantedly will take down any illegal content (including but not limited to content infringing applicable laws such as copyright, trademark or unfair competition law, the right in one’s own image or constituting a criminal offence) upon notice.
10.3. Wantedly shall not be liable for any third party apps or websites that link from Wantedly Services. It is in your sole responsibility to decide which third party apps or websites you use and which information you share with or which rights you grant to the operators of such apps or websites.
11. Limitation of Wantedly’s Liability
11.1. Wantedly is liable, however, for damages resulting from injury to life, limb or health that are based on a breach of duty by Wantedly, a legal representative or vicarious agent of Wantedly, or for damage caused by the lack of a condition guaranteed by Wantedly or in the case of malicious conduct by Wantedly. Furthermore, Wantedly shall be liable without limitation for damages caused intentionally or through gross negligence by Wantedly or one of its legal representatives or vicarious agents. Liability according to the Product Liability Act remains unaffected.
11.2. In the event of a breach of material contractual obligations due to slight negligence, Wantedly shall be liable to the amount of the typical foreseeable damage, except in the cases referred to in the paragraph 11.1 above. Essential contractual obligations are abstractly such obligations the fulfillment of which is necessary for the proper implementation of a contract and on the compliance with which the contracting parties can regularly rely. Other than that, Wantedly’s liability is excluded.
12. Contract term and termination
12.1. Ordinary termination
Unless otherwise agreed in individual cases, the contractual relationship is concluded for an indefinite period and can be terminated by both parties at any time. As a user, you can terminate the contract by deleting your account under "Account settings" / "Manage my account". Wantedly, after having given notice of termination, will initially deactivate the user profile so that it will no longer be visible to third parties and delete the profile, including all data stored therein, at the end of no less than 12 weeks.
12.2. Term, prolongation and ordinary termination of paid services
12.2.1. Automatic Renewal
Paid services have a fixed term or a minimum term. Unless otherwise stipulated in an Additional Provision, paid service agreements will be renewed automatically upon expiration of the initial contract term by the duration of the initial fixed term or minimum term. If you wish not to renew, you must carry out, in advance, non-renewal procedures prescribed by Wantedly or terminate the continuing paid service agreement by delivering Wantedly an according written notice. Please be advised that, in cases where an agreement has been renewed automatically as a result of failure to perform non-renewal procedures or delivering an according written notice, use fees for the renewal term will apply.
12.2.2. Restrictions on Early Termination
Unless otherwise stipulated in an Additional Provision, paid service agreements cannot be terminated during the term thereof. Even in cases where, after commencement of an agreement, you have ceased use of a paid service, the use fee for the corresponding term cannot be refunded, and the full amount of unpaid use fees (if any) must be paid.
Please note that if, in breach of the foregoing, you refuse to pay unpaid use fees, Wantedly, without prior notification, may first block and then delete your data, content, or accounts, or may decline to allow your use of Business Services in the future. Data will generally be deleted 12 weeks after Wantedly has notified you of its decision to block your account. You can make backups of your data during this term.
12.3. Termination and blocking of user profile for good cause
Notwithstanding any fixed periods of use agreed by the parties both parties have the right to terminate the contract at any time for good cause. There shall be good cause for extraordinary termination if the continuation of the contractual relationship until the end of the notice period for the terminating party taking into account all circumstances of the individual case and weighing the interests of both parties is not reasonable. Good cause for termination for Wantedly are in particular the following events:
12.3.2. the reputation of the Wantedly Services is significantly affected by the user's behavior (e.g., if, after the user's signing up, the user is found guilty of willful misconduct and third parties are aware of the user’s conviction);
12.3.3. the user promotes associations or communities - or their methods or activities - that are monitored by security agencies or child protection agencies;
12.3.4. the user is a member of a sect or a controversial religious community.
12.3.5. You are delinquent in payment of money to be paid to Wantedly, or if the use of a credit card or bank account designated as the means of payment of such money has been suspended and you do not make the outstanding payments within three weeks from having received an according reminder from Wantedly;
12.3.6. If you are the subject of a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other insolvency proceedings, or Wantedly otherwise determines that your creditworthiness is unstable and you are in arrears with payments due under any contract relating to Wantedly Services;
12.3.7. if your account has been registered or utilized by an anti-social force (in the meaning of sec. 16.1.8) or its constituent member or affiliate, or Wantedly determines based on facts that there is a likelihood of the same.
12.4. If there is good cause for terminating the contractual relationship Wantedly may instead of or in addition to a termination for good cause:
12.4.1. block or restrict the user's access to Wantedly Services;
12.4.2. delete content that the user has posted.
12.5. In cases where you have registered multiple accounts, the same measures as set out in Sections 12.3 and 12.4 may be taken with regard to all such accounts.
12.6. The user's right to repayment of fees already paid in advance upon termination is excluded, unless the user terminates for a good cause attributable to Wantedly.
13. Prohibition on Assignment
13.1. You must not assign to third parties, without Wantedly’s consent, any rights or duties arising under any contracts with Wantedly without first having obtained Wantedly’s approval.
14.2. Wantedly may submit any correspondence and statements (including termination notices and other material declarations) to you by e-mail, fax or letter or via message in your private Wantedly messages inbox, unless expressly otherwise agreed between the parties.
14.3. General communication from Wantedly to you concerning the scope, alteration or discontinuation of Wantedly Services may also be made by public posting on the respective Wantedly Website.
15. Additional Terms and Conditions for particular Wantedly Services
15.1. Wantedly Visit
Wantedly Visit is a feature with which individual users can apply for a visit at companies with open positions.
Please note that profile information for which a scope of access cannot be selected in the settings will be visible for the public, i.e. all users of Wantedly.
15.2. Wantedly People
Wantedly People is a Business Card scanner app that can be accessed with your individual Wantedly account. Upon scanning a business card, the system will track if the person is a user of Wantedly, and suggest news and contents that both users might be interested in.
Wantedly will use the information on third party business cards that customers save on Wantedly’s server for only the following purposes among the purposes of utilization set forth in the “Privacy Policies”. Please note that information on third party business cards will not be used to inform such third parties about the products or services of Wantedly or other third parties.
15.3. Wantedly Chat
Wantedly Chat is a tool with which individuals and teams on Wantedly can securely chat and exchange documents with each other.
Wantedly will handle the content and history of communication with you in a manner that maintains the confidentiality of such communication. Please note that, in cases where Wantedly has obtained your consent or is required or permitted under laws and regulations, Wantedly may access, disclose to an investigating authority or other third party, or delete, the content or history of communication with you.
15.4. Wantedly Case
Wantedly case is a tool where individual users can showcase their portfolio to the rest of the Wantedly community.
Information contained in the portfolio including personal data is visible for all Wantedly users. It is the user’s sole responsibility not to infringe third party rights including (but not limited to) the right to privacy, the right to one’s own image, copyright and trademarks.
15.5. Wantedly Feed
Wantedly feed is a blog function where teams and individuals can publish articles. Many of these articles are curated with the help of the Wantedly creative team, however this is not obligatory.
Information contained in the portfolio including personal data is visible publicly. Even where articles are curated with the help of Wantedly in the internal relationship between Wantedly and the user it remains the user’s sole responsibility not to infringe third party rights including (but not limited to) the right to privacy, the right to one’s own image, copyright and trademarks. Notwithstanding Wantedly’s responsibility for own content and own decisions regarding the publishing of content Wantedly generally is under no obligation to check user content for legal admissibility.
16. Additional terms and conditions for Business Services
Businesses (including corporations, groups, and sole proprietors) may use Services targeted for businesses (“Business Services”). The following rules shall apply to all customers who use Business Services.
16.1. Common Rules
16.1.1. Business Service Use Applications
When you wish to use a Business Service, you must submit a use application in accordance with use application procedures prescribed by Wantedly.
16.1.2. Automatic Renewal
Continuing Business Services have a fixed term or a minimum term. Unless otherwise stipulated in an Additional Provision, Continuing Business Service agreements will be renewed automatically upon expiration of the initial contract term by the duration of the initial fixed term or minimum term . If you wish not to renew, you must carry out, in advance, non-renewal procedures prescribed by Wantedly or terminate the Continuing Service agreement by delivering Wantedly an according written notice. Please be advised that, in cases where an agreement has been renewed automatically as a result of failure to perform non-renewal procedures or delivering an according written notice, use fees for the renewal term will apply.
16.1.3. Restrictions on Early Termination
Unless otherwise stipulated in an Additional Provision, Continuing Business Service agreements cannot be terminated during the term thereof. Even in cases where, after commencement of an agreement, you have ceased use of a Business Service, the use fee for the corresponding agreement term cannot be refunded, and the full amount of unpaid use fees (if any) must be paid.
Please note that if, in breach of the foregoing, you request a refund of use fees or refuse to pay unpaid use fees, Wantedly, without prior notification, may delete your data, content, or accounts, or may decline to allow your use of Business Services in the future. Data will generally be deleted 12 weeks after Wantedly has notified you of its decision to block your account. You can make backups of your data during this term.
16.1.4. Use by Employees etc.
In cases where you will use administrative authority to verify the state of use of an account assigned to an Employee etc., you shall engage in such conduct only in compliance with the applicable laws and jurisdiction, particularly the laws relating to employment contracts and employees’ data protection and after having obtained the consent of the relevant Employee etc. You have to comply with any contractual or statutory confidentiality requirements and observe the privacy of communication.
16.1.5. Use on Behalf of Third Parties, Consignment
In cases where you intend to use Business Services on behalf of a third party (“Beneficiary”; including, without limitation, your subsidiaries and affiliated companies) or entrust the use of Business Services to a third party (“Consignee”), you must obtain Wantedly’s express consent in advance. Wantedly has complete discretion concerning whether to approve such requests.
16.1.6. Use Fees
You shall pay the prescribed use fees for Business Services by the deadline prescribed by Wantedly using a method prescribed by Wantedly.
In cases where you fail to pay a use fee by the relevant due date, Wantedly shall be entitled to demand interest for delay calculated at 14.6% per annum for any outstanding amounts. Interest shall be payable from receipt of an according reminder from Wantedly or from thirty days after the due date and receipt of an invoice or equivalent statement of payment or from the date on which Wantedly has started to provide the agreed services to which the payment claim is attributable, whichever is the earlier.
In addition to use fees, Wantedly is entitled to charge any taxes (including, without limitation, consumption taxes such as VAT) required to be collected in accordance with laws and regulations and to be paid to the relevant tax authorities, in accordance with the tax rate or tax amount applicable from time to time.
Wantedly shall use the domicile that you submit at the time of use application to make internal/external determinations of consumption tax, and in cases where an error in a submitted domicile results in problems in the collection of consumption tax, you shall be responsible therefore.
Wantedly and you shall maintain full confidentiality of all confidential information of the other party that is disclosed by such other party in connection with the use of Business Services (limited to operational or technical information of the other party that is managed as confidential by such other party and was clearly indicated as confidential by such other party at the time of disclosure, and excluding: information that was in the public domain at the time of disclosure; information that entered the public domain following disclosure, without a violation of any duty of confidentiality; information obtained lawfully from a third party without the imposition of any duty of confidentiality, regardless of whether obtained before or after disclosure; and information developed independently, without relying on confidential information), and, unless the other party’s consent has been obtained, shall not use such information for any purpose other than the performance of the agreement between Wantedly and you in regard to Business Services, or disclose or divulge such information to third parties; provided, however, that when disclosure is required pursuant to laws and regulations or financial instruments exchange rules, the relevant party may disclose such information to the minimum extent necessary. Moreover, this confidentiality duty shall remain in effect for a period of three years following the expiration of the agreement between Wantedly and you in regard to Business Services.
16.1.8. Exclusion of Anti-Social Forces
Wantedly and you herewith both represent to each other that neither it nor its representatives, officers, or other persons substantially involved in its management, currently fall under an organized crime group, an organized crime group member, a quasi-member of an organized crime group, an enterprise associated with an organized crime group, a corporate racketeer (sokaiya), a social campaign advocate racketeer (shakai-undo-hyobo-goro), a political campaign racketeer (seiji-katsudo-hyobo-goro), an organized crime group with special intelligence, or a person having a close relationship with such entities or persons comparable thereto, and covenant that it will not fall under any of the foregoing in the future.
16.2. Wantedly Admin
Wantedly Admin allows individual users on the Social Business Platform to create a company profile and invite other team members to join said profile. With this account, the team has the possibility to spread news (like a blog function), write details about the company and the team members, publish jobs and receive applications from Wantedly users outside of the own team.
16.2.1. Clear Indication of Work Conditions
As a general rule, by the time of your initial contact with a job candidate after such candidate has entered the selection process (i.e., when commencing formal communication with candidate by in-person interview, email, telephone or the like (excluding communication etc. in regard to the scheduling of interviews)), you shall clearly specify working conditions, including the content of the duties to be performed, the wages, and the work hours (“Content of Duties to be Performed etc.”), and shall comply with the items indicated below.
16.2.2. Recruitment Officers
In cases where you designate an Employee etc. as a recruitment officer, you shall do so with the consent of the relevant Employee etc., having explained that the following information (limited to items registered by the Employee etc.) will be made public regardless of profile privacy settings.
16.2.3. Clear Indication of Work Conditions
On Wantedly Admin, it is not permissible to engage in personnel recruitment for SES technicians, crowdsourcing online workers, zero-inventory EC site operators, or any other service consignee deemed inappropriate by Wantedly. Further, it is not permissible to engage in personnel recruitment for your subsidiaries and affiliated companies without permission in accordance with Sec. 16.1.5 “Use on Behalf of Third Parties, Consignment”.
17. Applicable law, jurisdiction, final provisions
17.1. Wantedly is entitled to transfer rights and obligations from the contract with the user in whole or in part to third parties.
17.2. If the user acts as an entrepreneur (in the meaning of Sec. 14 of the German Civil Code – BGB), the place of performance for the services to be provided by Wantedly is the registered office of Wantedly or, if the contract has been concluded through a Wantedly office, the place of business of the establishment.
17.3. Wantedly does not participate in a dispute settlement procedure before a consumer arbitration board.
17.4. For users that are merchants within the meaning of the German Commercial Code (HGB) (e.g. legal entities, commercial companies) the place of jurisdiction is the registered office of Wantedly (Tokyo, Japan).
17.5. German law excluding the provisions on the choice of law and the jurisdiction of international private law shall apply. If the user merchant within the meaning of the German Commercial Code (HGB) the contractual relationship and any disputes thereof shall be subject to Japanese law excluding the provisions on the choice of law and the jurisdiction of international private law.
Last modified on 19 March, 2018.
Effective on 20 March, 2018.
RIGHT OF REVOCATION FOR CONSUMERS
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract. To exercise your right of revocation, you must inform us
c/o WeWork Potsdamer Platz,
D-10963 BerlinE-Mail: firstname.lastname@example.org
by means of a clear statement (e.g. a letter sent by post, fax, e-mail or via our contact form accessible from every page) about your decision to revoke this contract. You can use the attached model revocation form, which is not required.
In order to meet the revocation period, it is sufficient for you to forward the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we have to refund all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the standard delivery offered by us) without delay and at the latest within fourteen days from the date on which the notification of your cancellation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless otherwise agreed with you; under no circumstances you will be charged any fees for repayment.
If you have requested that the service be commenced during the revocation period, you shall pay us a reasonable amount equal to the proportion of services already provided to you at the time you inform us of the exercise of the right of revocation in respect of this contract compared with the total volume of services to be provided under the contract.
A sample revocation form is available here for you to download as PDF file.
Exclusion of the right of revocation:
The right of revocation does not exist, if by entering into the legal transaction you predominantly act for your commercial or independent professional activity and you are therefore to be regarded as an entrepreneur (§ 14 BGB).
YOU EXPRESSLY AGREE THAT WE WILL COMMENCE THE SERVICE BEFORE THE END OF THE REVOCATION PERIOD.