Terms of Service

Last Updated: [2021-11-11]

TABLE OF CONTENTS


1.   A Few Important Notices—arbitration and damages

2.   Service Eligibility

3.   Your Profile

4.   License and Use of the Site

5.   Other Terms and Conditions

6.   User Conduct

7.   Ownership of the Site

8.   Third Party Websites and Resources

9.   Notices, Messages and Newsletters

10.  Data Charges and Mobile Devices

11.  Warranty Disclaimers

12.  Limitation of Liability

13.  Termination

14.  Dispute Resolution and Governing Law

15.  Miscellaneous

16.  Contact Information


 

Welcome to [Tencent Games Career Global] website (“Site”).  You are now reading our Terms of Service (“Terms”) which is a legal agreement between you and Proxima Beta Pte. Limited (“we”, “us”, “our”, as appropriate), and governs your use of the Site and any services we provide through this Site (“Services”). We are a company registered in Singapore with registered office at 10 Anson Road #21-07, International Plaza, Singapore 079903, company registration number 201632879R.

1.              A Few Important Notices—arbitration and damages

PLEASE REVIEW CAREFULLY SECTION 14 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR RESIDENTS OF THE UNITED STATES, WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THESE TERMS ALSO INCLUDE A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SITE. BY USING THE SITE, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.

2.              Service Eligibility

You’re eligible to enter into this Agreement if you are above age of majority in your jurisdiction. Make sure you read, understand, and agree to these Terms if you’re going to use the Site.

To use the Services, you agree that you must be 18 years of age or the age of majority in your jurisdiction or older.  

3.              Your Profile

You agree to: (i) provide true, accurate, current and complete information as requested in the required fields (“Profile”) and (ii) promptly maintain and update such Information to keep it true, accurate, current and complete at all times. If the Profile you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to the Services.

Please note that, you are responsible for maintaining the confidentiality and security of your Profile and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Profile, and any acts made by the Profile will be deemed as your acts. You are solely responsible for all activities and transactions that occur under your Profile no matter who actually uses the Profile, and we are not responsible for any misuse use of your Profile, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Profile or any other breach of security in relation to the Services. You agree to accept all risks of misuse of and unauthorized access to your Profile and to hold us and our affiliates harmless from and against any misuse of your Profile, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.

4.              License and Use of the Site

As long as you agree to these Terms (and as long as the Terms aren’t terminated—see Section 13), we grant you permission to access and use our Site.  

License Grant. So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Site, including any Content, for your internal, personal entertainment or informational (as applicable) purposes leveraging only the functionality of the Site until the expiration or termination of these Terms. Any other use of the Site and its components, other than as expressly permitted herein, is strictly prohibited. We and our licensors reserve all rights not granted to you in these Terms. Content” means all articles and other written content, artwork, titles, themes, objects, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, job listings and descriptions, and any other content within the Site.  

User Generated Content. Our site might allow users to communicate with other users and to create, post, upload, share and distribute various forms of content for and in connection with our Site, including pictures, photographs, videos and other information or materials (“User Generated Content”). We do not make any promises about the accuracy, integrity or quality of User Generated Content and do not endorse it in any manner. Enjoy what other users post or share on our Site, but do so at your own risk. By posting or sharing the User Generated Content on our Site, you are telling us you have the necessary rights and license to do so and are not infringing upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further acknowledge that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. We may remove any User Generated Content and any related content or elements from the Site at our sole discretion.

By sharing any User Generated Content through the Site, you acknowledge that we may make it available across our Site and sites of our affiliated companies and we may license, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform or otherwise commercially exploit your User Generated Content in connection with operating and providing our products and services without paying you for using your User Generated Content.

5.              Other Terms and Conditions

Some Services may be available (or only available) through accessing (or downloading from) a third-party platform, including but not limited to Greenhouse Portal (“Third-party Portal”). Your submission of applications is also governed by any applicable agreements you have with any Third-party Portal (the “Third-party Agreement(s)”). In the event of a conflict between any other Third-party Agreement(s) from which you submit your applications and these Terms with respect to your use of the Services, these Terms will take priority.

The collection of information from you and related to the Services (whether obtained through an App Store or not) is governed by our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and about you.

We may make changes to any information on the services provided on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such services.

6.              User Conduct

By using or accessing the Site, you agree to follow the below User Conduct rules.

You agree not to do any of the following with respect to the Site, as determined by us:

(a)            use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by these Terms;

(b)            misuse the Site, including by attempting to interfere with, disrupt, damage, hack, reverse engineer, modify, exploit bugs, glitches, vulnerabilities or unintentional mechanics of, or introduce spyware, time bombs, viruses, worms, or other potentially damaging computer programs into our Site;

(c)             use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Site and us or that collect information about the Site;

(d)            copy, reproduce, distribute, display, mirror, frame or use them or any individual element within the Site (or any of our other materials, intellectual property, proprietary information, or the layout and design of any page or form contained on a page) in a way that is not expressly authorized in these Terms;

(e)            attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decipher, decompile, or disassemble or make derivative works based upon the Site or any Content;

(f)             avoid, bypass, remove, disable, impair, descramble, circumvent, or modify any technological measure we or any of our providers or any other third party (including another user) implements to protect them or any of their associated intellectual property;

(g)            violate any applicable law or regulation; or

(h)            encourage, promote, take part in or enable anyone else to do any of the foregoing.

7.              Ownership of the Site

Our Site, including our Content, are owned by us or our licensors.

We and our affiliates and licensors own all title, ownership and intellectual property rights in the Site (including all Content therein). You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. You understand and agree that you have no ownership interest in the Site or any Content therein. In the event that we in our sole discretion conclude that you are violating these Terms, you agree that we may exercise any or all of our rights under these Terms, including termination of these Terms and your access to our Site.  

Although we are not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Site, to ensure compliance with these Terms, to protect the health or safety of anyone that we believe may be threatened, to protect our legal rights and remedies, to report a crime or offensive behavior, or to comply with applicable law. We may (but don’t have to) remove or disable access to any Content, at any time and without notice. We may (but don’t have to) investigate violations of these Terms or conduct that affects the Site.

8.              Third Party Websites and Resources

Outside links are for your convenience, but we can’t guarantee them.

The Site may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. We are not a party to any relationship or separate agreement entered into between you and any such third parties, and we disclaim any and all liability relating thereto. You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

You agree that we are not and will not be responsible for any loss of damage of any type incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

9.              Notices, Messages and Newsletters

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

By subscribing to our newsletter you agree to receive emails from us. The aim of our newsletter service is to keep our you updated about our products and services. The subscription to our newsletters service is optional.

We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice. We will do so with any subscriber we deem registered with invalid or fake information.

We require all subscribers to confirm their email address upon registration. You can opt out of receiving such communications anytime. Please read our Privacy Policy for information on how we collect, use, and disclose information that we collect from you.

10.           Data Charges and Mobile Devices

This is a reminder that you are responsible for all data-related charges that you may incur for using our Site, including, without limitation, mobile and data charges. You should understand or ask your service provider what charges you may incur before using the Site.

11.           Warranty Disclaimers

We don’t make any guarantees about the Site.

TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SITE AND ALL MATERIALS AND INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PROXIMA BETA PTE. LIMITED AND ITS AFFILIATES (TOGETHER, THE “COMPANY PARTIES”) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. The Company Parties make no warranty that the Site or the materials or information available through the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Site or the materials or information available through the Site.

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use in all geographic locations. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

12.           Limitation of Liability

This Section limits what you can recover from us in a dispute.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE OR RESULTS OF USE OF THIS SITE OR ANY CONTENT  ON OR IN THIS SITE, EVEN IF  THAT COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.   

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions.

13.           Termination

To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Site and Content, with no liability or notice to you, specifically in the event that (a) we cease providing the Site (or parts thereof) to similarly situated users generally; (b) you breach any terms of these Terms (including our other policies specified in these Terms); (c) we otherwise deem it necessary to suspend or modify your access to and use of the Site or terminate these Terms in our sole discretion for any reason. Upon any termination, discontinuation or cancellation of the Site, these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms.  

The following Sections will survive termination of these Terms: 7 (first two sentences only), 11, 12, 14 through 16, and this sentence of Section 13.

14.           Dispute Resolution and Governing Law

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

You are agreeing to the laws of Singapore. If there is a dispute between us, we agree it’ll be resolved through arbitration, with each of us paying our own costs.

(a)            Governing Law. These Terms and any action related thereto, including but not limited to any dispute, controversy, difference, or claim arising out of or relating to these Terms or the enforcement, interpretation, breach, termination or validity thereof or the use of the Site (collectively, “Disputes”) will be governed by the laws of Singapore without reference to choice of law rules but you will have the additional protection of the mandatory laws of the country in which you live. The mandatory laws of the country in which you live take priority over the laws of Singapore. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply.

(b)            Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause. This section is set only to the extent permitted by law and does not prevent action in courts of competent jurisdiction of the territory of your principal residence where such a right cannot be excluded under applicable law.

(c)             Arbitration Rules. The arbitration will be conducted in accordance with Governing Law with the seat of the arbitration in Singapore and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to these Terms.

(d)            Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.

(e)            Injunctive and Declaratory Relief. Notwithstanding anything to the contrary in these Terms, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

15.           Miscellaneous

(a)            Entire Agreement. These Terms and any other document, policy, or information referred to in these Terms constitutes the entire and exclusive understanding between you and us regarding the Site and supersede any and all prior oral or written understandings or agreements between you and us regarding the Site.

(b)            Severability. These Terms describes certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining terms of these Terms will remain in full force and effect.

(c)             No Waiver. Your and our actions or inactions will not create any other rights under these Terms except as what is explicitly written within these Terms. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(d)            Third Party Rights. A person who is not a party to these Terms will have no right under to enforce any of its terms.

(e)            Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy to the fullest extent permitted under applicable law. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

(f)             No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(g)            Changes to these Terms. We may, from time to time, change, modify or update these Terms, and the revised Terms will apply prospectively. For easier reference, we will change the “Last revised” date above.

16.           Contact Information

If you have any questions about these Terms or the Site, please contact us at our Support Email Address: career@proximabeta.com .