User's Convention for Taskaji House Keepers
The present users convention (hereinafter referred to as the "Present Convention") sets forth the terms and conditions agreed upon between the house keepers (hereinafter referred to as "Taskaji-san") and Taskaji Co., Ltd. (hereinafter referred to as the "Company"), under which Taskaji-san may use the "Taskaji (https://taskaji.jp
)" service (hereinafter referred to as the "Present Service") provided and managed by the Company.
Article 1 Agreement to the Convention
- Taskaji-san must use the Present Service pursuant to the terms and conditions set forth in the Present Convention. Taskaji-san may not use the Present Service unless he or she has provided an effective irrevocable agreement to the Present Convention in a manner specified by the Company.
- By actually using the Present Service, Taskaji-san is deemed to have provided an effective irrevocable agreement to the Present Convention.
- Should there be a user's agreement applicable to the Present Service separate to the Present Convention, Taskaji-san must also follow the terms and conditions set forth in such separate user's agreement while using the Present Service.
Article 2 Registration
- When Taskaji-san is registering information relating to him or her-self for using the Present Service, he or she must provide information that is true, accurate and complete and such information should always be updated to the most recent one.
- One person may not possess multiple accounts for the Present Service.
- Minors may not register as a Taskaji-san irrespective of whether they have an approval from a legal representative.
- The Company reserves the right to refuse registration if the Company determines that Taskaji-san falls under any of the following items or is likely to fall under any of them. In addition, accounts may be suspended or deleted without prior notice, even after registration. The Company is under no obligation to explain and shall not be held responsible for any such response. Taskaji-san shall agree to the Company that Taskaji-san does not fall under any of the following items at the time of registration or after registration.
- Any falsehood, error or omission in all or part of the registration, documents submitted or reports provided to the Company.
- Persons (including companies) the Company considers as an antisocial force may not register as a Taskaji-san. "Antisocial force" in the present section shall mean an organised crime group, a member of organised crime group, a quasi-member of organised crime group, a related company or association of an organised crime group, racketeers who threatens to disrupt stock-holder's meetings, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities and crime groups specialized in intellectual crimes, and other antisocial forces. Such shall include those who were an antisocial force in the past.
- Past and present convictions (except for minor traffic offenses). In the event that Taskaji-san has been convicted of a crime, and the Company determines that it is inappropriate to use the Service in view of the content of such conviction.
- Failure to report past and present convictions (except for minor traffic offenses) at the time of registration or within one month of conviction.
- In any other case where the Company deems the registration to be inappropriate.
- Taskaji-san is deemed to have agreed to receive SMS text messages relating to the Present Service from the Company or customers who wish to request the house keeping service (hereinafter referred to as "Client" or "Clients") through the Present Service, to the telephone number he or she has registered for the Present Service. The registered telephone number shall be used for correspondences relating to provision of the Present Service and if Taskaji-san's number has changed, Taskaji-san shall change his or her registered telephone number without delay. The Company shall hold no responsibility in a situation where necessary correspondences cannot be made due to registration of a wrong number such that relevant messages could not be confirmed by Taskaji-san although SMS text messages has been sent from Client or the Company.
- When registering the password for the Present Service, Taskaji-san must keep it under his or her strict control at their own responsibility in order to avoid misuse and to not forget the password. The Company can consider all acts conducted using the registered password as the acts conducted by the Taskaji-san him or her-self.
- At any time, Taskaji-san registered with the Present Service can delete the account and cancel the registration.
- When the Company considers that Taskaji-san is violating or may violate the Present Convention, or may be an antisocial force, the Company may terminate or delete the account without prior notice to the relevant Taskaji-san.
- The Company may delete those accounts which has not been accessed for over one year without prior notice to the relevant Taskaji-san.
- All Taskaji-san's rights to use the Present Service expires at the point the account is deleted regardless of the reasons. Taskaji-san shall pay due attention as the accounts deleted by Taskaji-san cannot be recovered whether or not it was by an accident.
- The account under the Present Service belongs to Taskaji-san personally. Taskaji-san may not assign, lend or pass on by inheritance to a third party, the user's rights under the Present Service.
Article 3 Schedule Management
Taskaji-san is responsible for the update of or the management of schedules posted on the Present Service.
Article 4 Transaction between Taskaji-san and Client
- Taskaji-san will be searched by Clients based on the desirable work conditions he or she has entered and reviews entered on the Present Service.
- Once there is a request from Client, Taskaji-san may arbitrarily decide whether to accept the request. Within 24 hours of the receipt of the request, Taskaji-san must decide and provide a response whether he or she is accepting the said request to the Client. Taskaji-san will automatically be considered to have rejected the request, if no response is provided within 48 hours of the receipt of the request.
- At the point Taskaji-san accepts the request from Client, a two party agreement, the direct outsourcing agreement relating to domestic work (herein after referred to as the "Outsourcing Agreement") becomes effective between Taskaji-san and Client. The sole involvement of the Company is the provision of the matching opportunity for Taskaji-san and Client and unless otherwise expressed explicitly under the Present Convention, the Company will not become a party to the Outsourcing Agreement or other agreements with either Taskaji-san or Client or both parties.
- Pursuant to the Article 8 of the Present Convention, Taskaji-san is able to cancel the Outsourcing Agreement signed with Client even after its conclusion.
- Pursuant to the convention relating to the Present Service for Clients, Client may also cancel the Outsourcing Agreement with Taskaji-san even after its conclusion and Taskaji-san is deemed to have agreed to this. Notwithstanding the foregoing, the Company will pay 50% of remuneration pursuant to the Article 7 of the Present Convention, if the cancellation by Client is within 24 hours before the scheduled work commencement time.
- Taskaji-san is responsible for all matters (including but not limiting to registration, schedule management, entering desirable work conditions, requests, cancellation, provision of service and warranty against defects) relating to the transaction between Taskaji-san and Client. Should there be a trouble or others between Taskaji-san and Client, the Company shall not intervene and Taskaji-san may not demand the Company to solve such trouble. Notwithstanding the foregoing, should the Company decide that the intervention is necessary for the smooth operation of the Present Service, the Company may intervene in such trouble between Taskaji-san and Client at its own discretion. The Company does not have any obligation to Clients regarding intervention in the case of a trouble and others between the two parties.
- The types of outsourceable work Taskaji-san will be providing Client under the Outsourcing Agreement are cleaning, reorganising, laundry, shopping, cooking, preparation of ready-to-eat meals, taking care of pets (indoor), and taking care of children (under the presence of a guardian). Should Taskaji-san or the Company reasonably judge the work requested by Client exceeds or lies outside such framework of outsourceable domestic work (for example, including but not limiting to when Taskaji-san is requested to clean Client's home full of dead insects, excretion and urine of pets or rubbish that there is no space to step inside), Taskaji-san can immediately cancel the Outsourcing Agreement with the Client and terminate the provision of the service and the Company can also cancel the Outsourcing Agreement on behalf of Taskaji-san and terminate the provision of work on behalf of the Taskaji-san.
Article 5 Provision of Service
- Taskaji-san must visit Client's home at the designated time and complete the outsourced domestic work within the designated time following the request put through by Client under the Present Service.
- Should Taskaji-san be arriving late past the time designated by Client on the day he or she will be providing the outsourced work, Taskaji-san must let the Client know in advance by a phone call or through the messaging function under the Present Service.
- Should there be any damage to Client or Taskaji-san; or problems such as loss of key, or others arising during the absence of Client; or problems arising from, arising in relation to or can be suspected to be arising from the conduct of outsourced domestic work by Taskaji-san, such shall be solved between Taskaji-san and Client who are the parties to the Outsourcing Agreement at their own responsibilities and the Company will not take any responsibility.
Article 6 Review and Inspection
- Within 48 hours of the completion of the work, on the Present Service platform, Taskaji-san shall receive a review by Client on the outsourced domestic work he or she has completed (hereinafter referred to as "Review"). In the case where the Client is present at the completion of the outsourced domestic work, Taskaji-san shall suggest the Client to complete the Review on the spot.
- At the point Taskaji-san receives the Client's Review as set forth in the preceding paragraph, the inspection by the Client on the outsourced domestic work Taskaji-san has executed is completed and the outsourced domestic work will be considered all complete.
- If upon the receipt of the Review by the Client, the Company judges that the outsourced domestic work executed by Taskaji-san is incomplete, the Company may choose to not pay remuneration to the Taskaji-san.
- Taskaji-san may not whatsoever object to the Review by the Client or the judgement of the Company set forth in the preceding paragraph.
Article 7 Payment of Remuneration
- The Company shall pay Taskaji-san, the amount calculated by deducting the charge on the usage of Present Service (please see here for the details) from the remuneration set by the Company and received from Client on the outsourced domestic work.
- For each month of work, the Company shall make a payment to Taskaji-san, the amount set forth in the preceding paragraph by the 20th day (in the case 20 th is weekends and public holidays, it is going to be nest weekday) of the following month to the bank account designated by Taskaji-san through bank transfer (Taskaji-san shall be responsible for the bank transfer charge).
- Taskaji-san can receive the transport expenses for the return journey from the Taskaji-san's nearest station or bus stop to the nearest station or bus stop to the location of the outsourced domestic work (notwithstanding the foregoing, transport fees incurred other than rails and buses to the nearest station will not be compensated). Such transport expenses will be paid in cash to Taskaji-san from Client on the day of the execution of the outsourced domestic work
Article 9 Privacy, etc.
- After the execution of the Outsourcing Agreement until 72 hours before the scheduled execution time of the outsourced domestic work, Taskaji-san may not cancel the Outsourcing Agreement unless there is an inevitable circumstance.
- Within 72 hours prior to the scheduled execution time of the outsourced domestic work, Taskaji-san may not cancel the Outsourcing Agreement unless there is an inevitable circumstance. Should Taskaji-san cancel the Outsourcing Agreement within 72 hours prior to the scheduled execution time of the outsourced domestic work, Taskaji-san will be penalised by (1) noting the fact of the last minute cancellation on the Taskaji-san's profile page, and (2) deducting one thousand yen from the subsequent remuneration which will be paid pursuant to the preceding article.
- Without prior notice to Taskaji-san, the Company reserves the right to delete the account of Taskaji-san who did not execute the outsourced domestic work without contacting and notifying Client in advance.
9. Privacy etc.
- Taskaji-san shall not disclose personal and any other information relating to Client that he or she has acquired through the use of the Present Service or the conclusion of Outsourcing Agreement or the execution of work there under to a third party.
- The Company will use Taskaji-san's private information and personal information to the extent necessary for the provision of the Present Service to its customers.
Article 10 Prohibited Matters
As well as those matter prohibited separately under the Present Convention and informations for users or FAQ, Taskaji-san is prohibited from the followings while using the Present Service. And the TASKAJI- san must observe them permanently notwithstanding the reason.
- Acts that breach law; judgement, decision or order of a court; or administrative measure that has legislative and regulatory power.
- Acts that may cause damage to public order or morality.
- Acts that fall under theft, property damage, wiretapping or others that would be subject to criminal punishment.
- Acts such as taking photographs without Client's consent and others that invade Client's privacy.
- Acts that violate copyrights, trademarks, intellectual property rights such as patent rights, rights against defamation or privacy rights of the Company or a third party; or others that violate regulatory or legislative rights or rights granted over agreements of the Company or a third party.
- Uploading or sending expressions that are excessively violent; are conspicuously sexual; lead to discriminations of race, nationality, belief, sexuality, social status or descent; tempt or encourage suicide, self-harm, or drug abuse; or any others that contain antisocial nature which would be unpleasant to others.
- Spoofing as the Company or a third party or other acts that intentionally disseminate false information.
- Acts that would defame or discredit the Company, Client or other Taskaji-sans.
- Acts of exchanging the usage right of the Present Service with money, property or other economic benefits through methods other than those designated by the Company.
- Acts of marketing, propaganda, advertising, soliciting, or others that intend to gain profits; Acts which intend sexual or obscene activity; Acts which intend meeting or dating unacquainted person of the opposite or the same sex; Acts which intend to annoy or slander Client or other Taskaji-sans; or Acts which use the Present Service not for the purpose it was originally intended.
- Acts which provide profits or other acts of cooperation to antisocial force.
- Religious activity or solicitation to a religious organisation.
- Illegally collecting, disclosing or providing personal information, registered information and user log, etc. of others.
- Acts which would damage servers and network systems of the Present Service; acts of illegally controlling the Present Service using BOT, cheat tools and other technical methods; acts which intentionally take advantage of flaws in the Present Service; acts of making inappropriate queries or requests to the Company such that similar questions are unnecessarily repeated; and other acts which obstruct the operation of the Present Service by the Company or the use of the Present Service by Client or other Taskaji-sans causing disruptions.
- Acts which support or encourage any of the acts outlined above in (1) to (14).
- Other acts which the Company considers as inappropriate.
Article 11 Responsibility and Obligation of Taskaji-san
- Taskaji-san shall use the Present Service at his or her own responsibility and shall take all responsibilities for all actions he or she has taken under the Present Service and results thereof.
- Should the Company consider that Taskaji-san is using the Present Service while in breach of the Present Convention, the Company will take actions as it deems necessary and appropriate. Notwithstanding the foregoing, the Company is under no obligation to prevent or correct the behaviour of such breach.
- Should the Company suffer from damages (including legal expense), whether directly or indirectly arising from or relating to Taskaji-san's use of the Present Service (including when the Company is in receipt of complaints from a third party, including Client, arising from the said use), Taskaji-san shall immediately compensate the Company for such damages following invoice issued by the Company.
- Should Taskaji-san be in receipt of a request for appearance on TV, radio, advertisement etc., from TV stations, radio stations, newspaper companies, publishers, advertising agencies, seminar organising companies,etc.; or for interviews, presentations or provision of lectures at seminars, writing and publication of books, creation of recipe and other exposures to media as Taskaji-san from TV companies, radio stations, newspaper companies, publishers, etc., he or she shall inform the Company without any delay.
Article 12 Modification to the Convention
The Company reserves the right to modify the content of the Present Convention at any time without prior notice to Taskaji-san as it deems necessary. Present Convention after the modification shall take its effect from the point it is uploaded to an appropriate place within the Company's Website and Taskaji-san is deemed to have given an effective and irrevocable agreement to the modified Present Convention by continuing the use of the Present Service after the said modification takes place. The Company will not send a separate notice to Taskaji-san relating to the said modification, hence, Taskaji-san shall check the most recent version of the Present Convention at the each use of the Present Service.
Article 13 Provision of Service by the Company
- Taskaji-san is responsible for preparation of personal computer, portable telephone, communication device, operation system, means of communication, power supply, etc. necessary for the use of the Present Service at his or her own cost.
- The Company can provide all or parts of the Present Service limiting to those Taskaji-sans who cleared age restriction, possessed personal identification, registered their information and fulfilled other conditions set by the Company as it considered necessary.
- Should the Company consider necessary, the Company reserves the right to change all or parts of the Present Service or terminate the provision of the said service at any time without prior notice to Taskaji-san.
Article 14 Contents
- The Company cannot assign or sublicense to Taskaji-san, the present contents of the Company, however, it will grant Taskaji-san non-exclusive licence solely for the purpose of using the Present Service.
- Taskaji-san is prohibited from using the present contents outside the framework it is intended under the Present Service (such prohibited use shall include copying, sending, reproducing, modifying, etc.).
- Taskaji-san is responsible for making back-ups of the pictures, sentences, comments, etc. (hereinafter referred to as "Uploaded Contents") by him or herself. The Company is under no obligation to make such back-ups of the Uploaded Contents.
- Taskaji-san will retain the rights to the Uploaded Contents as before and the Company will not acquire such rights. Notwithstanding the foregoing, Taskaji-san is deemed to have granted royalty-free worldwide right to use the Uploaded Contents for the Company's service and promotion for indefinite period (such right shall include the right to modify, such as by abbreviation, as the Company deems necessary and appropriate and right to sublicense such rights to a third party who is working in collaboration with the Company) to the Company.
- Should the Company be required to check the conformity of the Uploaded Content to legislations and regulations or to the Present Convention, the Company may check the content of the Uploaded Content. Notwithstanding the foregoing, the Company is under no obligation to run such check.
- Should the Company consider Taskaji-san is in violation of or may violate legislations or regulations in relation to the Uploaded Content, or should it so otherwise require for the operation of its service, the Company may limit the use of the Uploaded Content under the Present Service by means of deletion or otherwise without prior notice Taskaji-san.
Article 15 Indemnification of the Company
- The Company does not implicitly or explicitly guarantee there is no actual or legal fault (including defects relating to safety, reliability, accuracy, completeness, effectiveness, suitability for specific purpose, security; errors or bugs and infringement of rights) in the Present Service (including present contents). The Company is under no obligation to provide the Present Service to Taskaji-san after eliminating the faults thereof.
- The Company will not take any responsibility for any damage caused to Taskaji-san that is arising from or arising in relation to the Present Service. Notwithstanding the foregoing, the present provision for indemnity shall not be applicable if the agreements between Taskaji-san and the Company relating to the Present Service (including the Present Convention) is considered as a consumer contract as defined under the consumer contract act.
- Notwithstanding the provision set forth in the Section 2 of the Article 15, the Company shall not take any responsibility for those damages caused to Taskaji-san as a result of the Company's non-fulfilment of obligations or illegal activities that is caused by its negligence (excluding gross negligence) that has arisen from a special circumstance (including a circumstance where the Company or Taskaji-san foresaw or could have foreseen the damage to arise). At the same time, the maximum amount of compensation to be paid for the damage caused toTaskaji-san that arose from the Company's non-fulfilment of obligations or illegal activities that is caused by its negligence (excluding gross negligence) shall be set to the amount of usage charge received from Taskaji-san in the month the said damage occurred.
Article 17 Contact Method
The Governing language of the Present Convention shall be Japanese and its governing law shall be Japanese Law. Should there be any dispute between Taskaji-san and the Company arising from or in relation to the Present Service, in accordance with the content of the dispute, parties agree that the Tokyo District Court or the Tokyo Summary Court shall have the exclusive jurisdiction of the first instance.
17. Contact means
- Correspondences relating to the Present Service from the Company to Taskaji-san will be made by posting on an appropriate section of the Website it operates and through other methods the Company considers appropriate.
- Correspondences relating to the Present Service from Taskaji-san to the Company shall be made through question forms found at an appropriate section of the Website the Company operates or through a method the Company specifies.
Created on July 11, 2014
Amended on June 6, 2019
Amended on September 6, 2019
Amended on May 19, 2020