Article 1 (Definitions)
As used in these Terms of Use, the following terms shall have the following meanings:
a) "Company" means CareFinder Kabushiki Kaisha.
b) "Site" means the website "CareFinder" (https://www.carefinder.jp) operated by the Company. If for any reason there is a change to the domain and/or contents, the Site shall be the subsequent website after any such change.
c) "Service" means, collectively, the following services provided by the Company or Child Care Services Providers through the Site and the Application:
・ Childcare Services (including babysitting and English babysitting)
・ Home English Support
・ Pet Sitting
・ Online Lessons
・ Any other services separately determined by the Company
d) "User" means a person who has completed registration procedures pursuant to Article 5 hereof for the purpose of requesting the Service.
e) "Service Provider" means a person who has completed registration procedures pursuant to Article 5 hereof for the purpose of providing the Service.
f) "Child Care Services Receiver" means a User who requests Childcare Services.
g) "Child Care Services Provider" means a Service Provider who provides Childcare Services.
h) "Service Agreement" means an agreement executed directly between a User and a Service Provider, under which the User commissions the Service Provider to provide the Service.
i) "Site Users" means Users, Service Providers and any other users of the Site.
j) "Subscription Plan" means a monthly paid plan available for Users to select.
k) "Subscription Plan Member" means a User who has selected the Subscription Plan.
l) "Free Plan" means a monthly fee-free plan available for Users to select.
m) "Free Plan Member" means a User who has selected the Free Plan.
n) "Plan" means the Subscription Plan and the Free Plan collectively.
o) "Account Holder" means a User who has completed registration but has not selected a Plan, or a User who has cancelled a Plan previously selected. An Account Holder may use only certain functions of the Service, and may not exchange messages with Service Providers or execute a Service Agreement.
p) "Terms of Use" means these Terms of Use and all other agreements reached between the Company and Site Users through the Site.
q) "Content(s)" means any information that is available to Site Users through the Site, including but not limited to, texts, images, video and other types of data.
r) "User Content(s)" means any Content(s) posted or otherwise transmitted by Site Users to the Site or the Application.
s) "Application" means an application for using the Service on a mobile device, which is provided by the Company to Users and Service Providers.
t) "Intellectual Property Right" means patent right, utility model right, trademark right, design right, copyright and any other intellectual property right as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction throughout the world.
Article 2 (Scope of Application)
1. Site Users acknowledge and agree that these Terms of Use apply to all services (whether for PC or mobile use, whether provided through website or smart phone application, and regardless of platform or operating system) that the Company currently provides or may provide in the future.
2. Site Users acknowledge and agree that if the contents of the Terms of Use differ from explanations on the Site other than these Terms of Use, these Terms of Use shall prevail in application.
Article 3 (Agreement to Terms of Use)
1. The Site Users acknowledge and agree that they shall be deemed to have agreed to the contents of these Terms of Use at the point in time they commence use of the Site.
2. If the Company deems necessary to do so, the Company may amend these Terms of Use provided that:
a) the amendment conforms to the general interest of the Site Users, and
b) the amendment does not run afoul of the purpose of these Terms of Use and is reasonable in the light of the circumstances of such amendment, including but not limited to, the necessity of the amendment or the appropriateness of the details of the amendment.
3. In the case referred to in the preceding paragraph, the Company will post the fact that the Company will amend these Terms of Use, the amended content, and the effective date of the amendment on the Site or in the Application or will notify thereof in a manner which the Company deems it appropriate, no later than a week prior to the date when such amendment becomes effective.
4. In addition to the two (2) preceding paragraphs, the Company may amend these Terms of Use with the consent of the Site Users in a manner specified by the Company.
Article 4 (The Site)
1. The Site provides a "venue" for connecting Users and Service Providers.
2. Site Users acknowledge and agree that the purpose of the Site is for Users and Service Providers to directly execute Service Agreements between themselves, and that the Company will not be a party to any such Service Agreement. However, in the event of any dispute between a User and a Service Provider, both parties may consult the inquiry desk set forth in Article 28 as needed, and the Company will take appropriate measures to resolve the issue if necessary.
3. Users and Service Providers shall conduct all communications with each other through the Site or the Application only. However, in the event of an emergency during the provision of the Service (including a sudden change in physical condition, accident, or disaster), or when a communication regarding a delay, cancellation or other urgent change of schedule on the day of the Service is necessary, direct communication outside the Site or the Application shall be permitted.
4. Users and Service Providers acknowledge and agree that they may not engage in two-party communications through the Site or the Application that the Company is unable to view.
5. Site Users acknowledge and agree that between the Company and a Site User, no partnership, joint venture, employer/employee relationship, franchiser/franchisee relationship, or other relationship is intended or will be formed under any circumstances.
Article 5 (Registration Procedures etc.)
1. A person who wishes to use the Service ("Applicant") may apply to the Company to register as a User or a Service Provider by agreeing to comply with these Terms of Use and providing the Company with certain information stipulated by the Company ("Registration Matters") in the manner prescribed by the Company.
2. Persons entitled to carry out registration procedures are limited to the actual Applicants themselves, and registration by an agent is not permitted.
3. After completing registration, a User may select a Plan (Subscription Plan or Free Plan) offered by the Company. While in the status of an Account Holder (prior to selecting a Plan or after cancelling a Plan), Users may search for Service Providers, post jobs, and view applications from Service Providers, but may not exchange messages with Service Providers or execute Service Agreements.
4. Service Providers are not required to select a Plan. After completing registration and being approved through the Company's screening process, Service Providers may apply for jobs posted by Users, exchange messages with Users who have selected a Plan, and receive services.
5. Applicants who wish to be registered as a Child Care Services Provider must satisfy the following requirements:
a) must be 18 years of age or older;
b) must have submitted an identification card, visa or other identity verification materials set by the Company;
c) if not a Japanese citizen, must have lawful resident status, work permission or other appropriate immigration status as determined by the Company;
d) for those with qualifications as childcare providers (licensed hoikushi 保育士) or nurses (including assistant nurses), must submit documents that verify their qualifications, such as a copy of their childcare provider registration certificate; and
e) must submit a declaration that they have never received a business suspension or closure order, among other requirements.
6. The Company shall screen applications of Applicants in accordance with the standards established by the Company, and shall notify the Applicant in case of approval. The registration of Applicant will be completed only upon the Company's providing the Applicant with such approval notice. User ID and password shall be imparted by the Company upon completion of the registration.
7. Upon completion of the registration set forth in the preceding paragraph, Users or Service Providers may use the Service within the scope of the purposes specifically defined in these Terms of Use and within the scope of non-violation of the Terms of Use, in accordance with the procedures prescribed by the Company.
8. If the Company determines that any of the following applies or is likely to apply to an Applicant, the Company may, without prior notice to the Applicant, deny registration, and even after registration, may cancel the registration. The Company shall bear no liability or duty to provide explanations with respect to the foregoing, and Applicant may not lodge any objection to the same.
a) If the Applicant does not meet or no longer meets the registration requirements set by the Company in this Article 5 or elsewhere;
b) If all or some of the Registration Matters the Applicant provided to the Company contain any false statement, error or omission;
c) If the Applicant is a minor, adult ward, person under curatorship, or person under assistance, and the consent of his/her statutory agent, guardian of adult, curator or assistant has not been obtained;
d) If the Company determines that the Applicant is a member of a group that engages in anti-social acts, a group affiliated with such a group (including organized crime groups), or other anti-social forces, has a history of belonging to any of the foregoing, or has any kind of contact or involvement with any of the foregoing;
e) If the Company determines that the Applicant is a person who in the past breached an agreement with the Company or whose registration was denied or cancelled, or is a related person of such a person;
f) If the Applicant was convicted in the past or is likely to be convicted in criminal trials;
g) If the Company determines that the Applicant engages in, or is likely to engage in, any act that violates these Terms of Use; or
h) If the Company otherwise determines that registration would be inappropriate.
i) Notwithstanding the foregoing, the Company reserves the right, at any time and in its sole discretion, to deny or cancel the registration of any Applicant.
Article 6 (Plans and Service Fees)
1. After completing registration, Users may select a Plan offered by the Company on the Site. Plans include the Subscription Plan (monthly fee applicable) and the Free Plan (no monthly fee). In either Plan, a commission fee separately determined by the Company will apply to service fee payments processed through the Company's payment collection services. The commission rate under the Free Plan is set higher than that under the Subscription Plan. The details of each Plan, monthly fees, commission rates and available features shall be separately determined by the Company and displayed on the Site or notified to Site Users.
2. If any Site User fails to pay any fees payable to the Company in connection with the Service, including monthly fees and commission fees on service fees, by the due date, such Site User shall pay late payment charges at a rate of 14.6 percent per annum to the Company.
3. The Company may modify the fees of any Plan at its discretion. In that case, the Company shall notify Subscription Plan members of the modified fees at least two (2) months before the effective date. Subscription Plan members who do not agree to such modifications may withdraw or transition to Account Holder status (except in the event that the modified fee is the same as or lower than the original fee, or in the event that the member may use services equivalent to the original services after the fee modification). A Subscription Plan member's continued use of the Service after the modified fee becomes effective shall be deemed as agreement to the modified fee.
4. In the event that a Subscription Plan member notifies the Company of their intention to cancel the Subscription Plan during the subscription term, in accordance with the conditions established by the Company, the Subscription Plan shall terminate at the time when the available term expires based on the fees already paid to the Company, and the member shall transition to Account Holder status. Provided, however, that regardless of the cause, fees already received by the Company shall not be refunded.
5. Users shall not, outside of the Service, enter into any agreement relating to the Service with a Service Provider whom the User met through the Site. Service Providers likewise shall not, outside of the Service, enter into any agreement relating to the Service with a User whom the Service Provider met through the Site. If a User or a Service Provider violates this paragraph, the User and the Service Provider shall each pay the Company liquidated damages in the amount of 300,000 yen (or, if the User is a corporation, 500,000 yen with respect to such User).
6. In the event a User's Plan terminates for any of the following reasons, the User shall notify the Company and cancel all Services scheduled after the Plan termination date that were arranged with Service Providers the User got to know through the Site:
a) In the event the User requests to withdraw from the Service;
b) In the event the Company deletes the User's or Service Provider's registration in accordance with Article 15; or
c) Any other cases in which the Plan terminates.
7. The Company may use third-party payment processing services to process payments and information in connection with the Service. The Company shall expressly release any and all liability whatsoever for any controversies, claims, suits, injuries or damages arising from or in any way related to the use of third-party payment processing services.
Article 7 (Payment Collection for Service Fees)
1. Payment of the compensation from Users to Service Providers under Service Agreements shall be made through the collection of payment by the Company ("Payment Collection Services") in accordance with the conditions separately set forth by the Company.
2. The Company shall have the authority to receive the compensation from Users on behalf of Service Providers, and the obligation of Users to pay compensation to Service Providers shall be extinguished at the time when the Company (including any third party designated by the Company) has received the full compensation from Users. In this case, Users and Service Providers shall pay to the Company the commission fees separately determined by the Company for the Payment Collection Services (the commission rate for Users varies between the Subscription Plan and the Free Plan, while the commission rate for Service Providers is uniform regardless of Plan). The details of the commission fees shall be separately determined by the Company and displayed on the Site.
3. The time and method of payment shall be set forth below, and all fees related to such payment shall be borne by Users and Service Providers.
a) Compensation paid by Users
Upon conclusion of a Service Agreement between a User and a Service Provider, the User shall pay to the Company the amount of compensation set forth in such Service Agreement in accordance with the conditions and methods separately prescribed by the Company.
b) Compensation paid by the Company to Service Providers
Upon receipt of the full amount of compensation from a User, the Company shall transfer such compensation to the Service Provider at the request of the Service Provider.
4. In the event of any of the following, the Company may, at its own discretion, refund to the User the compensation received from such User. The fee for such refund shall be borne by the User.
a) In the event that a Service Provider delays in the performance of its obligations under a Service Agreement and fails to perform such obligations even after the User or the Company demands such performance;
b) In addition to the preceding item, in the event that the Company deems that a Service Provider has obviously failed to perform its obligations under a Service Agreement; or
c) After the conclusion of a Service Agreement, in the event that either party thereto or the Company cannot contact the other party for three (3) or more consecutive days using ordinary means of communication.
5. The Company shall not be liable for any matters relating to the payment of compensation on and after the date the Company has made the remittance or refund pursuant to this Article.
6. The Company shall not be liable for any unpaid compensation by Users, and Service Providers may not receive any compensation in the event that Users do not pay such compensation.
7. Except as otherwise provided in these Terms of Use, the Company shall not refund or reduce any usage fees, commissions or other charges after the provision of the Service has ended.
Article 8 (Promotions etc.)
1. The Company may offer limited-time, free trial services or other promotions ("Promotions") from time to time. Site Users shall agree in advance that in some cases, a Promotion may automatically convert to a Subscription Plan if such Site Users participate in the Promotion and do not cancel within a designated time frame.
2. The cancellation of a Promotion shall be made in the manner designated by the Company during the free trial term or the term of the Promotion.
Article 9 (Responsibilities of Site Users)
1. Site Users acknowledge and agree that they will use the Site or the Service in accordance with these Terms of Use at their own discretion.
2. Site Users represent and warrant that all information provided to the Company, including Registration Matters, is correct.
3. Users and Service Providers acknowledge and agree that if there is any change to Registration Matters, they shall notify the Company of such changes without delay in the manner stipulated by the Company.
4. Users and Service Providers acknowledge and agree that they shall, under their own responsibility, appropriately manage and safeguard their password and User ID for the Site, and that they shall not allow a third party to use, or loan, assign, change the name of the holder of, or sell, their password or User ID. Upon the Company's verifying the matching combination of a User ID with a password, the Company shall deem that the User or Service Provider who has been registered as the holder of such User ID and password has used the Service.
Article 10 (Prohibited Matters for Site Users)
1. In their use of the Site, Site Users are prohibited from engaging in the following acts.
a) Any acts that violate laws and regulations or are related to a criminal act;
b) Any acts that defraud or threaten the Company, other Site Users or any other third parties;
c) Any acts that are offensive to public order and morals;
d) Any acts related to anti-social activities or providing benefits to anti-social forces;
e) The act of negotiating, executing, commissioning or receiving a Service Agreement with a Site User met through the Site while in the status of an Account Holder;
f) Any acts that infringe on Intellectual Property Rights, or a portrait right, privacy right, honor, or any other right or interest of the Company, other Site Users or a third party;
g) Any acts that defame or slander the Company, other Site Users, or a third party;
h) The act of transmitting, to the Company or other Site Users, information that falls under, or that the Company determines falls under, the following:
・ Information that includes expressions that tarnish the honor or reputation of the Company, other Site Users, or a third party
・ Information that includes violent or cruel expressions
・ Information that includes obscene expressions
・ Information that includes expressions that encourage discrimination
・ Information that includes expressions that encourage suicide or self-injury
・ Information that includes expressions that encourage inappropriate use of drugs
・ Information that includes anti-social expressions
・ Information that asks for dissemination of information to third parties, such as spam or chain mail
・ Information that includes illegal solicitations or advertisements
・ Information that includes expressions that are offensive to other persons
・ Information that includes a computer virus or other harmful computer program
i) Any acts that cause excessive load on the Company's network or systems;
j) The act of improperly accessing, or attempting to improperly access, the Company's network or systems;
k) The act of impersonating a third party, mislabeling the relationship with other persons or organizations, or concealing or attempting to conceal one's identity;
l) The act of using or allowing other persons to use the User ID or password of other Site Users;
m) Any act that is detrimental to, injures, or is offensive to the Company, other Site Users or any other third party;
n) Any acts for the purpose of meeting other Site Users one has not previously met, for any purpose other than the provision or receipt of the Service;
o) The act of duplicating, selling, or publishing information obtained through the Site, or otherwise using such information beyond the scope of personal use;
p) Any acts that hinder operation of the Site, tarnish the reputation of the Company, or are likely to do any of the foregoing;
q) Any acts that could be of use to a competitor or potential competitor;
r) Any acts that violate these Terms of Use;
s) Any acts that directly or indirectly cause, initiate or facilitate any of the foregoing acts;
t) Any acts to copy, distribute, or disclose any part of the Site or the Application;
u) Any acts to modify, remove, decompile, disassemble or reverse engineer any software included in the Site or the Application, or use any network monitoring or discovery software to determine the Site's architecture;
v) Any attempt to interfere with or compromise the system integrity or security of the Site or the Application, or to decipher any transmissions to or from the servers running the Site or the Application;
w) Any acts to upload invalid data, viruses, worms, or other software agents through the Site;
x) Any acts to collect or harvest any personally identifiable information, including User ID, through the Site;
y) Any acts to use the Site for any commercial purpose or for the benefit of third parties, except as explicitly permitted by these Terms of Use; or
z) Any other acts that the Company determines to be inappropriate.
2. Users and Service Providers shall cooperate in any investigation conducted by the Company regarding the prohibited acts set forth in the preceding paragraph.
Article 11 (Withdrawal)
1. Users or Service Providers may delete their registration to withdraw from the Service by notifying the Company in the manner prescribed by the Company. Upon doing so, such Users or Service Providers shall no longer be able to use the Service.
2. Users or Service Providers acknowledge and agree that if they owe any obligations to the Company when they withdraw, all such obligations shall become due and payable immediately, and such Users or Service Providers must immediately pay the Company all such obligations.
3. Users or Service Providers acknowledge and agree that when withdrawing, the Company shall not refund any monies.
Article 12 (Accident Response, Compensation and Insurance)
1. With respect to the Service provided through the Site (excluding the contract services under Article 20), the Company shall not be liable for any accident, damage or dispute arising between a registered Service Provider and a User, or between either of them and a third party. Provided, however, that this shall not apply in the event that such damage is caused by the Company's willful misconduct or gross negligence.
2. In the event an accident occurs in connection with the Service provided through the Site, the Company shall respond appropriately in accordance with the insurance system designated by the Company.
3. In the event that a Service Provider's acts cause damage to a User, the User's family, the Company or a third party, such damage may, in accordance with the preceding paragraph, be compensated within the scope of coverage under the insurance system designated by the Company.
Article 13 (Changes to, and Closure of, the Site and the Service)
Without prior notice to Site Users, the Company may change or close the Site in whole or in part (including to change the fees or contents of any Plan, or to launch other new services).
Article 14 (Suspension of Services)
If any of the following applies, without advance notice to Site Users, the Company may permanently discontinue or temporarily suspend the Service to Site Users in whole or in part. The Company shall not in any way be held liable for any loss or damage incurred by Site Users as a result of the Company's actions under this Article.
a) Regular or emergency computer system inspection or maintenance work related to services for Site Users is to be performed;
b) Computers or communication lines are suspended because of an incident;
c) There is a need to ensure the security of Site Users;
d) There has been a system overload due to increased usage or other unexpected reasons;
e) Telecommunications providers do not provide services;
f) Because of an earthquake, lightning, fire, storm damage, power outage, natural calamity, or other force majeure, the services cannot be provided;
g) Provision of the Service becomes impossible due to laws or regulations or due to any dispositions made in accordance with such laws or regulations; or
h) The Company otherwise determines it necessary to discontinue or suspend the Service or access to the Site.
Article 15 (Deletion of Registered Information)
1. Site Users acknowledge and agree that if any of the following applies to a Site User, without prior notice or demand to the Site User, the Company may temporarily restrict or suspend the Site User's use of the Site, or delete the User's or Service Provider's registration.
a) The Site User has violated any of the provisions or representations and warranties herein;
b) The Site User has been found to be subject to a stop payment, to be declared insolvent, or to have filed or have been filed a petition to commence bankruptcy proceedings, civil rehabilitation proceedings or any equivalent procedures;
c) The Site User has deceased or received a ruling for guardianship, curatorship, or public assistance;
d) The Site User does not use the Site for three (3) months or more;
e) The Site User does not respond for 30 days or more to any inquiries or other communication from the Company requesting a response;
f) The Site User is or has been suspended from using the Service; or
g) The Company otherwise determines that the Site User is not appropriate as a Site User.
2. If any of the items in the preceding paragraph applies to a Site User, all debts and obligations of such Site User to the Company shall become due and payable immediately, and such Site User must immediately pay the Company all such debts and obligations.
3. The Company shall not in any way be held liable for any loss or damage incurred by Site Users as a result of the Company's actions under this Article.
Article 16 (Intellectual Property Rights etc.)
1. Site Users acknowledge and agree that all Intellectual Property Rights related to the Site and the Application belong to the Company or persons who have granted licenses to the Company, and that the use of the Site or the Application shall not be construed as granting any license to use such Intellectual Property Rights.
2. Site Users represent and warrant to the Company that, with respect to User Contents, the Site User has lawful rights thereto, the contents of such User Contents are true and accurate, and that such User Contents do not infringe on the rights of any third party.
3. Regardless of Paragraph 1, any and all Intellectual Property Rights pertaining to User Contents shall belong to Site Users. Site Users acknowledge that User Contents may be viewed and shared by the Company and third parties in accordance with the settings of such Site Users and these Terms of Use.
4. Site Users grant to the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license for the use, duplication, distribution, creation of derivative works, display and performance of User Contents.
5. Site 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 in the case referred to in the preceding paragraph.
6. Site Users acknowledge and agree that the grant of license and agreement set forth in Paragraphs 4 and 5 are for an unlimited duration and cannot be cancelled or revoked because of a Site User's withdrawal, cancellation of registration, deletion of registration, or any other reason.
7. The Company has the right to display or delete User Contents at its discretion; provided, however, that this shall not be deemed to impose any obligation on the Company to display or delete User Contents.
Article 17 (The Company's Warranties and Disclaimer)
1. Site Users acknowledge and agree that the Company provides the Site, the Application and the Service on an as-is basis, and that the Company bears no liability for any defects, and makes no warranties that the Site, the Application or the Service conforms to the specific purpose of a Site User, that the Site has the accuracy, usability, truthfulness or fitness for purpose expected by a Site User, or that it is in compliance with laws and regulations.
2. Site Users acknowledge and agree that the Company shall not bear any liability for damage suffered by a Site User in relation to or arising from registration, denial of registration, or deletion of registration of a Site User, the use, restriction or suspension of the Site, changes to the Site by the Company (including changes to the fees or contents of any Plan or the launch of other new services), suspension or termination of the Site, divulgence of personal information, or otherwise in relation to the Site.
3. Users and Service Providers acknowledge and agree that they shall bear all liability for damage arising from inadequate management, erroneous use, or third-party use of their password or User ID, and that the Company shall not bear any liability for such damage.
4. Site Users acknowledge and agree that the Company has no duty to retain any information of a Site User.
5. Site Users acknowledge and agree that the Company bears no liability with respect to information provided by external links on the Site or the management of personal information thereby.
6. Site Users acknowledge and agree that if information exchanged in relation to the Site or data sent or received through the Site contains personal information, the Company bears no liability for any detriment or damage suffered by a Site User therefrom.
7. Site Users acknowledge and agree that the Company makes no warranty under any circumstances or to any person regarding the identity or safety of a Site User, or regarding the quality of the Service provided by a Service Provider.
8. The Company shall not in any event be responsible for any damages, losses or infringements arising from hacking, alteration or other unauthorized access to or use of the Site or a Site User's account.
9. Site Users acknowledge and agree that if the use of the Site by a Site User causes another Site User or a third party to suffer detriment or damage, the Site User shall compensate for the same at his/her own expense and under his/her own responsibility, and the Company shall not bear any liability for the same.
10. Site Users acknowledge and agree that if a Site User suffers detriment or damage from another Site User or a third party in the course of using the Site, the Site User shall at his/her own expense and under his/her own responsibility make claims, requests and inquiries against such other Site User or third party, and shall not make any claims or requests against the Company.
11. Site Users acknowledge and agree that notwithstanding the stipulations of the preceding paragraphs or the other provisions of these Terms of Use, even if the Company is liable to a Site User, the Company's liability shall not exceed the amount of consideration the Company received from the Site User in the preceding two (2) months, and that the Company shall not be liable for any incidental, indirect, special, future or consequential damages, or lost earnings.
Article 18 (Scope of In-Home Childcare Services and Household Services)
The in-home childcare services provided by the Company are services for the purpose of childcare, and may not be provided in combination with household services. In addition, in cases where household services such as cleaning, laundry, or cooking are requested, in-home childcare services may not be provided concurrently.
Article 19 (Rules Regarding Sick-Child Care and Multiple-Child Care)
1. Care for children who are unwell ("Sick-Child Care") and simultaneous care of siblings ("Multiple-Child Care") shall be provided only when feasible, in accordance with the standards and rules separately determined by the Company.
2. Sick-Child Care and Multiple-Child Care shall only be provided after prior consent has been obtained from both the guardian and the babysitter.
3. As babysitters are subject to the standards of unlicensed childcare facilities (in-home visiting childcare services), in principle, one babysitter may care for only one child at a time.
4. Notwithstanding the preceding paragraph, Multiple-Child Care may be provided where the children are siblings and the guardian has given prior consent, within the maximum number of children the babysitter is able to accept.
5. Notwithstanding the preceding paragraphs, some local governments may impose restrictions on the number of children one babysitter may care for even in the case of siblings, pursuant to their own guidelines. Users shall confirm and comply with the rules of the local government in which they reside.
Article 20 (Contract Services under the Tokyo Metropolitan Government Babysitter Subsidy Program)
1. In participating in the babysitter subsidy program for temporary childcare use operated by the Tokyo Metropolitan Government (the "Tokyo Subsidy Program"), the Company shall, in accordance with the certification standards of the Tokyo Subsidy Program, provide in-home childcare services (the "Tokyo Subsidy Program Service") as a contractor for babysitting services to Child Care Services Receivers who satisfy the requirements of the Tokyo Subsidy Program (the "Tokyo Subsidy Program Users").
2. Under the Tokyo Subsidy Program Service, the Company shall enter into a service contract with Tokyo Subsidy Program Users, and the babysitter selected by the Tokyo Subsidy Program User from among the Child Care Services Providers who have entered into a business consignment agreement with the Company shall provide the in-home childcare services. In such case, the Company shall bear responsibility for the provision of the Tokyo Subsidy Program Service not as a matching platform operator, but as a contractor that has directly received the consignment of babysitting duties from the Child Care Services Receiver. The details and fee structure of the Tokyo Subsidy Program Service shall be separately determined by the Company and displayed on the Site.
3. Child Care Services Providers engaged in the Tokyo Subsidy Program Service shall be limited to those who satisfy the requirements set forth in the certification standards of the Tokyo Metropolitan Government and have completed the training prescribed by the Company. Such Child Care Services Providers shall enter into a written business consignment agreement with the Company and shall provide the in-home childcare services in accordance with the Company's operational instructions.
4. Tokyo Subsidy Program Users who use the Tokyo Subsidy Program Service shall apply for the service in the manner prescribed by the Company, in accordance with the conditions for use of the discount vouchers or other subsidies established by the Tokyo Metropolitan Government.
5. In providing the Tokyo Subsidy Program Service, the Company shall prepare and operate an operational manual, childcare manual, accident prevention manual, training manual and other manuals that comply with the certification standards of the Tokyo Metropolitan Government, and shall prepare and retain childcare records, training records, operational records and other necessary records and data. In addition, the Company shall maintain liability insurance and other insurance that complies with the certification standards of the Tokyo Metropolitan Government, and shall respond appropriately through such insurance in the event of an accident.
6. The Tokyo Subsidy Program Service is provided in parallel with the Company's matching service (Article 4), and a Child Care Services Receiver shall select either service at the time of applying to a Child Care Services Provider for the service.
7. Tokyo Subsidy Program Users shall comply with the "User Guide for Temporary Childcare Use (Tokyo Metropolitan Government Babysitter Subsidy Program)" separately established by the Company in compliance with the certification standards of the Tokyo Metropolitan Government, which sets forth the method of use, service details and other matters to note regarding the Tokyo Subsidy Program Service.
8. In addition to the preceding paragraphs, the Company shall comply with the certification standards established by the Tokyo Metropolitan Government in providing the Tokyo Subsidy Program Service.
Article 21 (Conclusion of Service Agreements for Childcare Services)
1. Where a Child Care Services Receiver seeks to receive Childcare Services from a Child Care Services Provider for the first time, the Child Care Services Receiver must conduct an interview no later than the day before the Childcare Services are to be provided. The Child Care Services Receiver shall, in principle, have the child who is to receive the Childcare Services present at the interview.
2. The interview referred to in the preceding paragraph shall, in principle, be conducted in person at the Child Care Services Receiver's residence or at a location designated by the Child Care Services Receiver. Provided, however, that where unavoidable, the interview may be conducted by online or other means that allow both parties to see and hear each other.
3. Where Childcare Services are to be provided at a location other than the Child Care Services Receiver's home, the Child Care Services Provider shall visit the location in advance. In addition, where Childcare Services are to be provided at a location unknown to the Child Care Services Receiver, the Child Care Services Provider must have the Child Care Services Receiver visit such location in advance.
4. The Child Care Services Receiver shall pay the Child Care Services Provider an amount equivalent to the service usage fee calculated based on the time spent on the interview, as the cost of the interview. The equipment and software used for an online interview shall be prepared by each of the Child Care Services Receiver and the Child Care Services Provider at their own responsibility and expense.
5. Notwithstanding any other provision of these Terms of Use, a Service Agreement for Childcare Services shall be concluded at the time the Child Care Services Provider accepts an application submitted by the Child Care Services Receiver, who shall input the required matters on the Site or the Application. Provided, however, that if either party to the agreement has had its registration for the Service deleted before the date of performance, any agreement already concluded shall also be terminated.
6. If, prior to performance, the Company discovers that a Service Agreement concluded between a Child Care Services Receiver and a Child Care Services Provider contains any matter that conflicts with the Child Welfare Act, other applicable laws and regulations and related guidelines, or the provisions of these Terms of Use, the Company shall have the authority to immediately cancel such agreement, and Site Users agree to this in advance.
7. Under a Service Agreement for Childcare Services, the contracted time for Childcare Services shall be thirty (30) minutes or more and may thereafter be set in five (5) minute increments. The time during which Childcare Services are provided shall, in principle, be measured as follows:
a) Where the child is cared for at the home of the Child Care Services Receiver or a person designated by the Child Care Services Receiver (the "Child Care Services Receiver, etc."): from the time the Child Care Services Provider takes charge of the child until the time the child is handed over to the Child Care Services Receiver, etc., or to an adult authorized by the Child Care Services Receiver, etc. to receive the child;
b) Where the child is cared for at a location other than the home or address of the Child Care Services Receiver, etc.: from the time the Child Care Services Provider takes charge of the child until the time the child is handed over to the Child Care Services Receiver, etc., or to an adult authorized by the Child Care Services Receiver, etc. to receive the child; and
c) In the case of transportation to or from a nursery school or similar facility: from the time the Child Care Services Provider takes charge of the child until the child is delivered to the nursery school or similar facility, or from the time the Child Care Services Provider takes charge of the child from the nursery school or similar facility until the child is handed over to the Child Care Services Receiver, etc., or to an adult authorized by the Child Care Services Receiver, etc. to receive the child.
8. If a Child Care Services Receiver cancels a Service Agreement for Childcare Services for the Child Care Services Receiver's own convenience after its conclusion, the Child Care Services Receiver shall pay the Child Care Services Provider the following cancellation fees, except in cases that the Company determines warrant special consideration. Provided that where the Child Care Services Provider has already begun traveling to the home of the Child Care Services Receiver, etc., or where cancellation is requested while the Childcare Services are being provided, transportation expenses shall also be charged as part of the cancellation fee. In addition, if a Child Care Services Receiver cancels due to an operational error, such cancellation shall, in principle, not be rescinded and no refund shall be given.
・ Cancellation up to 48 hours before the scheduled start time of the service: free of charge
・ Cancellation between 24 and 48 hours before the scheduled start time of the service: 50% of the service usage fee (excluding transportation expenses)
・ Cancellation less than 24 hours before the scheduled start time of the service: 100% of the service usage fee (excluding transportation expenses)
9. If a Child Care Services Provider cancels a Service Agreement for Childcare Services for the Child Care Services Provider's own convenience after its conclusion, the Child Care Services Provider acknowledges and agrees in advance that the following penalties shall apply, except in cases that the Company determines warrant consideration. If the number of cancellations by a Child Care Services Provider within a certain period exceeds the number determined by the Company, such Child Care Services Provider's registration shall be suspended. In addition, if a Child Care Services Provider cancels without notice, the publication of such Child Care Services Provider's profile on the Site or the Application shall be suspended on the same day.
・ Cancellation up to 48 hours before the scheduled start time of the service: free of charge
・ Cancellation between 24 and 48 hours before the scheduled start time of the service: 5,000 yen
・ Cancellation less than 24 hours before the scheduled start time of the service: 10,000 yen
・ Cancellation without notice: 30,000 yen (this penalty may not be waived)
10. Notwithstanding any other provision of these Terms of Use, where a Service Agreement for Childcare Services is concluded (including cases in which a cancellation fee arises), the Company shall receive, as its commission, the amount calculated in accordance with the following categories:
[Child Care Services Receiver, etc.]
・ Subscription Plan Member: 11% (tax included) of the total service usage fee or of the cancellation fee
・ Free Plan Member: 22% (tax included) of the total service usage fee or of the cancellation fee
[Child Care Services Provider]
・ 11% (tax included) of the total service usage fee, excluding transportation expenses, or of the cancellation fee
Article 22 (Content of Childcare Services)
1. The Childcare Services provided by a Child Care Services Provider shall consist of the following. Childcare Services shall not include any cleaning, laundry or other household chores performed on behalf of the Child Care Services Receiver (acts not incidental to childcare). Provided, however, that this shall not apply to minor supplementary acts that are directly necessary to ensure the safety of childcare or the child's daily life (for example, the minimum preparation incidental to assisting with meals).
a) Temporarily caring for the child of a Child Care Services Receiver at the home or location of the Child Care Services Receiver or a person designated by the Child Care Services Receiver (the "Child Care Services Receiver, etc."). Provided that, with the prior consent of the Child Care Services Receiver, the child may be cared for at a location other than the home or location of the Child Care Services Receiver, etc.;
b) Transporting the child to and from a nursery school, kindergarten or similar facility;
c) Any matter stated on the Site as part of the content of the childcare services; and
d) Any duties that are found to be necessary and incidental to items a) through c).
2. The child shall be handed over to, and received from, the Child Care Services Provider by the Child Care Services Receiver, etc., or by an adult authorized by the Child Care Services Receiver, etc. to receive the child.
3. Notwithstanding the preceding paragraph, for a child aged ten (10) or older, hand-over by an adult may be made optional, provided that both of the following conditions are satisfied:
a) the child is at home at the start of the childcare; and
b) the child was present at the prior interview or introductory meeting, or the booking concerning such child is the second or subsequent booking with the relevant Child Care Services Provider.
4. The Child Care Services Provider shall prepare and retain childcare records and operational records, and, when handing over the child to the Child Care Services Receiver, etc., must report the content of the childcare and the child's condition while in the Child Care Services Provider's care in writing, such as in a childcare record. In addition, during the provision of Childcare Services, the Child Care Services Provider shall, upon request from the Child Care Services Receiver, etc. and to the extent this does not interfere with childcare, communicate the child's condition by webcam, telephone, or message on the Site or the Application.
5. Where a Child Care Services Receiver, etc. records video or audio of the childcare, the Child Care Services Receiver, etc. shall notify the Child Care Services Provider in advance and inform the Child Care Services Provider of the location of the recording device. Video and audio recording shall be conducted within a scope and at locations that are reasonable in light of common social norms. The installation of recording devices in changing rooms, bathrooms, toilets and similar spaces is prohibited.
6. A Child Care Services Receiver, etc. shall not use any recorded video or audio without the consent of the Child Care Services Provider, or disclose such video or audio to third parties, including through social media. The purpose of such recording shall be limited to confirming the child's safety and ensuring the transparency of the service.
7. In the event of an emergency such as a sudden change in the condition of a child in the Child Care Services Provider's care, the Child Care Services Provider shall immediately contact the Child Care Services Receiver, etc. and take appropriate action, such as calling an ambulance. The Child Care Services Provider shall also confirm in advance with the Child Care Services Receiver, etc. the method of handing over the child in the event of a disaster, and, if an accident occurs, shall immediately report the circumstances of the accident to the Company and the relevant prefectural or other authorities.
8. As children under three (3) years of age are prone to illness, the Child Care Services Provider shall inform the Child Care Services Receiver, etc. of this in advance, remain reachable at all times, and, in the event of a sudden change in the child's condition, take appropriate measures while promptly contacting the Child Care Services Receiver, etc.
9. A report of the completion of Childcare Services by a Child Care Services Provider shall, in principle, be made on the same day the service is provided. Such completion report shall be treated as validly made once received by the Child Care Services Receiver, etc. without objection, and the Child Care Services Receiver, etc. may not refuse to receive the completion report without justifiable reason. In addition, the Child Care Services Receiver, etc. may not request that the childcare record contained in the completion report be omitted or simplified.
10. If payment of the usage fee or other charges is not made within twenty-four (24) hours after a valid completion report has been made, payment shall automatically be processed by credit card, and Site Users agree to this.
Article 23 (To Child Care Services Providers)
Child Care Services Providers shall comply with the following items when using the Site, the Application and the Service.
a) Please conduct an interview with Child Care Services Receivers before agreeing on a job.
b) Please provide your name, address and contact information to Child Care Services Receivers and show your identification and registration certificate issued by the relevant prefectural governor or equivalent authority. *When registering for the Service, please submit your identification and a copy of your registration certificate to the Company.
c) If childcare is to be provided at a location other than the child's home, please arrange for the Child Care Services Receiver to visit the location in advance.
d) If you hold any qualifications such as a licensed childcare provider (Hoikushi) or Certified Babysitter certificate, please present such certifications to Child Care Services Receivers. Also, please present a declaration that you have never received a business suspension or closure order. (*Certified Babysitters are persons who possess the professional ethics, specialized knowledge, skills and practical experience required of a babysitter, and have passed the certification examination administered by the All Japan Childcare Services Association (Koeki Shadan Hojin Zenkoku Hoiku Service Kyokai).)
e) Please provide your training completion status to Child Care Services Receivers. *When registering for the Service, please submit documents proving completion of required training (such as a training completion certificate) to the Company. Child Care Services Providers who are not certified and have not completed the "Training Conducted by the Prefectural Governor or Equivalent" as specified in the standards for supervision and guidance of unlicensed childcare facilities must complete such training before providing childcare services.
f) To ensure coverage under liability insurance in the event of an accident during childcare, please ensure that all agreements for childcare are made only through the Company's Site.
g) While caring for children, please keep Child Care Services Receivers informed of the children's condition by telephone or message upon request.
h) In the event of an emergency such as a sudden change in the condition of the children in your care, please contact Child Care Services Receivers immediately and take appropriate action, such as calling an ambulance. Additionally, please confirm in advance with the guardian how the children will be handed over in the event of a disaster such as a fire or earthquake. Please note that you are required to report the details of any accident to the CareFinder office and the relevant prefectural authorities.
i) When handing over children after childcare, please provide a written report to Child Care Services Receivers on the content of the childcare and the children's condition during the session.
Article 24 (To Child Care Services Receivers)
Child Care Services Receivers shall comply with the following items when using the Site, the Application and the Service.
a) Please conduct an interview with Child Care Services Providers before agreeing on a job.
b) Please ask for Child Care Services Providers' name, address and contact information, and confirm their identification and registration certificate issued by the relevant prefectural governor or equivalent authority.
c) If childcare is to be provided at a location other than your child's home, please visit the location in advance.
d) If Child Care Services Providers hold any qualifications such as a licensed childcare provider (Hoikushi) or Certified Babysitter certificate, please ask them to present such certifications. (*Certified Babysitters are persons who possess the professional ethics, specialized knowledge, skills and practical experience required of a babysitter, and have passed the certification examination administered by the All Japan Childcare Services Association (Koeki Shadan Hojin Zenkoku Hoiku Service Kyokai).)
e) Please confirm the training completion status of Child Care Services Providers.
f) Please disclose the following information about your child to the Child Care Services Provider before entrusting your child's care:
・ Current and past illnesses, allergies, etc.
・ Matters to note regarding meals
・ Emergency contact information (two or more contacts)
・ Evacuation location in the event of a disaster
・ Any other matters to note regarding the child's care
g) To ensure coverage under liability insurance in the event of an accident during childcare, please ensure that all agreements for childcare are made only through the Company's Site.
h) Please confirm with Child Care Services Providers that they will inform you of your children's condition by telephone or message upon your request during the childcare session.
i) Please confirm with Child Care Services Providers the contact method to be used in the event of an emergency such as a sudden change in your children's condition. Additionally, please confirm in advance with Child Care Services Providers how your children will be handed over in the event of a disaster such as a fire or earthquake.
j) After the childcare session, please ask Child Care Services Providers to provide a written report on the content of the childcare and your children's condition during the session.
Article 25 (Informational Purposes Only)
1. Any information provided by the Company on the Site, on social media platforms, or through any other medium is for informational purposes only and is not to be considered professional advice.
2. The Company will provide information regarding any inappropriate actions by Service Providers and any complaints or issues related to past services, taking into account the wishes of Users and ensuring the protection of Service Providers' personal information.
Article 26 (Privacy)
Any personal information pertaining to Site Users shall be handled by the Company in accordance with its Privacy Policy at https://www.carefinder.jp/ja/privacy-policy. If for any reason there is a change to the domain and/or contents, the Privacy Policy shall be the subsequent policy after any such change. Site Users shall be deemed to have agreed to the Company's Privacy Policy upon their use of the Site.
Article 27 (Use of the Application)
1. The Company may provide the Application for use on mobile devices. Users and Service Providers shall have a mobile device that is compatible with the Application and shall follow the conditions specified by the Company in order to use the Application. The Company does not warrant that the Application will be compatible with all mobile devices.
2. Users and Service Providers may incur additional charges from telecommunications companies upon their use of mobile data in connection with the Application, and agree that they shall be solely responsible for any such charges.
3. The Company shall grant Users and Service Providers a non-exclusive, non-transferable, revocable license to use the Application, as permitted by the features of the Site, in accordance with the conditions separately established by the Company. Users and Service Providers acknowledge and agree that all provisions set forth in these Terms of Use shall apply in all respects to their use of the Application.
4. Users and Service Providers acknowledge that the Company may from time to time issue upgraded versions of the Application, and the Application may automatically upgrade upon their use of the Application on a mobile device. Users and Service Providers agree that all terms and conditions hereof shall apply to all such upgrades.
5. The license grant set forth in Paragraph 3 shall not be construed as a sale or copy of the Application, and the Company, its third-party partners or suppliers shall retain all right, title, and interest in and to the Application (and any copies thereof).
Article 28 (Inquiry Desk)
The Company has established an inquiry desk to receive inquiries regarding the Site, as well as consultations, complaints and accident reports relating to the Service. Site Users may contact the Company through any of the following methods:
・ Email: [email protected]
・ Contact Form: https://www.carefinder.jp/en/contact-us
Article 29 (Confidentiality)
Site Users acknowledge and agree that unless the Company has given prior written consent, information disclosed by the Company to Site Users with a request to be handled confidentially shall be handled confidentially.
Article 30 (Assignment)
1. Unless prior written consent has been obtained from the Company, Site Users shall not assign, transfer, pledge as security, or otherwise dispose of any title, rights or obligations under these Terms of Use to any third party.
2. Site Users agree in advance to any transfer by the Company of its title, rights or obligations under these Terms of Use to a third party.
Article 31 (Severability)
If any provision of these Terms of Use or any part thereof is held to be invalid or unenforceable under the Consumer Contract Act or any other applicable laws or regulations, the remaining provisions of these Terms of Use, and the remaining parts of any provision held to be partially invalid or unenforceable, shall continue in full force and effect. The Company and Site Users shall endeavor to amend any such invalid or unenforceable provision or part thereof to the extent necessary to make it valid and enforceable, so as to achieve the legal and economic effects equivalent to those originally intended by such provision or part thereof.
Article 32 (Dispute Resolution)
1. These Terms of Use and the use of the Site shall be governed by the laws of Japan.
2. Any disputes arising out of or in connection with these Terms of Use or the use of the Site shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Enactment 2014/5/20
Revision 2014/11/27
Revision 2015/8/10
Revision 2015/10/15
Revision 2016/7/25
Revision 2017/4/3
Revision 2017/9/1
Revision 2018/11/8
Revision 2019/12/13
Revision 2021/10/26
Revision 2024/9/11
Revision 2026/7/16