Article 1 (Purpose)

These Terms of Use (hereinafter “Terms of Use”) set forth the terms to be observed by the Member (as defined below) in the use of the information provision services on internet related to career recruitment activities of Astellas Pharma Inc. (hereinafter the “Company”) “called “Avature” (hereinafter this “Website”)  and its manner and conditions of use.

Article 2 (Definitions)

For the purposes of these Terms of Use, the following definitions shall apply:
(1) “Member” means any job candidate applying for a position in the Company who files application directly with the Company through this Website.
(2) “Personal Information” means the information related to the Member that can discriminate a Member from others by name, address, phone number, email address, date of birth, and other descriptions (including any information that can discriminate a Member from others only in combination with other information).

Article 3 (Observation of these Terms of Use)

  1. Member shall use this Website with the understanding of and agreement with the provisions of these Terms of Use, and Member shall comply herewith.
  2. The use of this Website by Member shall be deemed  that Member have fully agreed with these Terms of Use and have agreed to comply herewith.
  3. Any additional terms of use of this Website not stipulated herein may be set forth by the Company from time to time.  Such additional terms of use, regulations, and provisions to be observed by Member shall have the same effect as those stipulated herein and shall be treated the same as those in these Terms of Use.
  4. In the event of conflict between any provision on this Website and any provisions of these Terms of Use, these Terms of Use shall prevail.
  5. The Company may amend these Terms of Use without prior notice to Member with immediate effect.  In such case, the Company shall notify Member of such change by placing the amended Terms of Use on this Website prior to or following such change without delay.

Article 4 (Terms of Use of this Website)

  1. This Website is available free of charge.  However, any costs necessary for Member to access this Website, such as subscription fee, shall be borne by the Member.
  2. Upon using this Website, Member may be requested to provide your Personal Information and other information related to yourself as designated by the Company.
  3. Member shall use this Website with your free intention and on your responsibility.

Article 5 (Registration for Use of this Website and Acquisition of ID)

  1. This Website requires registration in order for Member to use it.  Member shall complete the registration process by the methods designated by the Company with your own free intention.  The Company shall issue an ID necessary for Member to use this Website and notify Member of the ID by email to the email address provided by Member.
  2. Member shall use and maintain the ID and password with the due care of a prudent manager and shall not disclose any of them to nor allow any use of them by any third party.

Article 6 (Prohibited Conduct)

  1. Member is prohibited from any of the following acts with respect to the use of this Website:
    (1) Breach of any of the provisions of these Terms of Use;
    (2) Registration or a job application using false information;
    (3) Use of the information provided by the Company for any purposes other than job applications;
    (4) Allowing any third party to use Member’s ID and file a job application with the Company through this Website;
    (5) Infringement of copyrights, trademark rights, or other intellectual property rights, or any other legally protected rights or interest such as reputation, privacy, and the property of the Company, other Members, or any third party;
    (6) Criminal act, act that violates public order and morals any other illegal act, and any act which threatens to be led to any of these act;
    (7) Use of malware, such as a computer virus, in this Website and any act to infect any other person with it;
    (8) Use of this Website or information obtained from this Website for your own commercial purposes;
    (9) Copying, duplication, reproduction, extraction, dissemination (including uploading to a server connected to the internet), edition, adaptation, modification, falsification, translation of  this Website or the like by yourself or through any third party, regardless of the method;
    (10) Production of any work that is identical or similar to this Website by yourself or through any third party;
    (11) Publication regarding this Website by yourself or through any third party;
    (12) Interference of the operation of this Website or any act  which threatens to be led to such interference;
    (13) Instigation or aiding of any third party to perform the acts described in the preceding items; and
    (14) Any other act which, the Company considers, is inappropriate.
  2. In the event that the Company considers Member to have breached any of the provisions hereunder, the Company may forthwith invalidate the registration for this Website of such Member without prior notice.  The Company shall not responsible for any damages that such Member incurs as a result of the invalidation.
  3. Should a Member breach any of these Terms of Use and causes damages to the Company or a third party as a result thereof, such Member shall be fully liable for compensation of such damages, regardless of indirect or direct damages.

Article 7 (Termination of Membership)

Member may, at any time, terminate the membership on this Website by following the procedures designated by the Company.

Article 8 (Dispute Resolution by Member)

Any dispute arising between two Members or a Member and any third party with respect to their use of this Website shall be settled and resolved on such Member’s responsibility and at the expense of them and Member shall defend, indemnify and hold the Company harmless from any loss or damages arising out thereof.

Article 9 (No Warranty/Indemnity)

  1. THE COMPANY PROVIDES NO WARRANTY WITH RESPECT TO THE INTEGRITY, COMPLETENESS, OR ACCURACY OF THIS WEBSITE.  REGISTRATION BY MEMBER TO THIS WEBSITE DOES NOT PROVIDE ANY GUARANTEE, INCLUDING SUCCESSFUL EMPLOYMENT OF MEMBER
  2. The Company shall not be responsible for any damages incurred by Member as a result of the following. 
    (1) Misuse or inappropriate maintenance of IDs and passwords;
    (2) Inaccuracy or incompleteness of information contained in the job application;
    (3) Any other causes attributable to Member;
    (4) Disconnection or inappropriate connection of telecommunications (regardless of the reasons) and electric outage (including those due to statutory inspection);
    (5) Earthquake, fire, natural disaster or other force majeure;
    (6) Illegal access, cyberattack or virus infection in excess of the level of security normally expected; and
    (7) Any other event similar to any above-described items.
  3. Should a Member incur any damages as a result using this Website for any reason out of the Company’s responsibility, the Company shall compensate the affected Member for such damages, only when such damages are caused by the willful act or negligence of the Company; provided, however, that such compensation shall only be provided to cover direct and general damages, thus no special or indirect damages or lost profit or opportunities shall be covered under any circumstances.
  4. In the event of any of the followings, the Company may suspend the use of this Website for a period the Company considered necessary, by notifying Member prior to or following (when urgent) such suspension.
    (1) Regular or emergency inspection or maintenance of the computer system related to this Website;
    (2) Incidence of computers or telecommunications related to this Website;
    (3) Force majeure, such as fire, electric outage, or natural disaster disabling operation of this Website; or
    (4) Any other case where, the Company reasonably considers, the suspension is necessary.

Article 10 (Handling of Personal Information)

  1. The Company shall handle the Personal Information provided by Member through this Website appropriately and in compliance with laws and regulations related thereto.  The Company shall use the Personal Information provided by Member through this Website only for recruitment processes of the Company, responding to enquiries, and holding communications related thereto, and understanding and analyzing the needs of job applicants and planning based thereon, and not for any other purpose.
  2. The Company shall not, in principle, provide the Personal Information provided by Members to any third party without the consent of Member; provided, however that, to the extent permitted under applicable law, the Personal Information may be provided to any third party without consent of Member in the following events:
    (1) In the event that it is considered by the Company that Member causes loss or damages to a third party;
    (2) In the event that it is required for the protection of an individual's life, or physical/financial welfare, and obtaining the consent of Member is difficult or impossible;
    (3) In the event that it is specifically required for the advancement of public health or the healthy upbringing of children and obtaining the consent of Member is difficult or impossible;
    (4) In the event that it is required to cooperate with national or municipal entities or contractors consigned by said entities to carry out work or activities stipulated by law and obtaining of the consent of Member will hinder the operations of the said entities;
    (5) In the event that the disclosure of Personal Information is requested by a court, Public Prosecutors Office, police, bar association, consumer affairs bureau, or similar authorized organization;
    (6) In the event that disclosure or provision to a third party is expressly requested by Member;
    (7) In the event that such disclosure or provision is permitted by law;
    (8) In the event that all or part of the handling of Personal Information by the Company is outsourced within the necessary extent of fulfilling the specified usage purpose; and
    (9) In the event that such provision is due to business succession resulting from merger or other event and such information is handled within the scope of usage purpose provided prior to such succession.
  3. Inquiry contact point regarding Personal Information is shown on the Company Privacy Policy (https://www.astellas.com/jp/en/privacy-policy).
  4. Provision of Personal Information on this Website by Member is made on a voluntary basis. However, providing insufficient Personal Information may result in Member becoming unable to use this Website or proceed with the job application process with the Company.
  5. The Company may use the Personal Information as analytic materials, after processing the Personal Information into statistical form that cannot discriminate any Member from others or identify the Member.  The Company may use such statistical data that cannot discriminate any Member from others and identify the Member without any restriction.
  6. Member may read his/her own Personal Information provided through this Website by method designated by the Company, and request the Company to modify, make addition to, or delete such Personal Information as necessary.

Article 11 (Governing Law and Jurisdiction)

The formation, effect, performance, and interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of Japan.  Any lawsuit in relation to these Terms of Use and any use of this Website shall be subject to exclusive jurisdiction of Tokyo District Court as a court of first instance.

<Supplementary Provision>

These Terms of Use shall become effective as of January 9, 2020.


Astellas Pharma Inc.