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TERMS OF USE

AGREEMENT
i. Thank you for visiting www.inthepresent.sg, the official digital service of In The Present Pte. Ltd. (“In The Present”) and any applications or services related to or linked to or from this digital service (henceforth collectively known as “the Digital Service”). ii. Access to the Digital Service is governed by the terms and conditions of use as stated below (“Terms of Use”). By accessing and using the Digital Service, you shall be deemed to have accepted and agreed to be legally bound by these Terms of Use. If you do not accept or agree to any of these Terms of Use, please leave the Digital Service. iii. These Terms of Use may be changed from time to time at In The Present’s discretion without notice. All changes to the Terms of Use will be incorporated directly onto this page, and your use of this Digital Service after such changes have been incorporated constitutes your agreement and acceptance to the modified Terms of Use and all of the changes. As a result, you are encouraged to consult the Terms of Use each time you use the Digital Service. iv. References to “the Digital Service” in these Terms of Use shall include the Digital Service in its entirety as well as its individual pages, and shall include any services offered by In The Present on the Digital Service.
privacy
i. Please review the Digital Service’s Privacy Policy, which governs the use of information we collect from you through the Digital Service.
Intellectual Property
i. The materials located on the Digital Service including the source code, data, pages, documents, logos and online graphics, audio and video media, and information and software programs (“the Contents”), are protected by copyright, trademark, service marks, patents, trade secrets and other forms of proprietary rights and laws. All rights, title and interest in the Contents are owned by or licensed to In The Present. ii. Except as otherwise provided, no part of the Contents may be reproduced, adapted, modified, transmitted, distributed, incorporated in printed or electronic form or used in any way without the prior written approval of In The Present. Approval should be sought by sending a request to inthepresent.sg@gmail.com. iii. You may make copies of the text for the purposes of applying for licences, permits and registrations on the Digital Service.
Access to the Digital Service
i. The accessibility and operation of the Digital Service relies on technology outside of In The Present’s control. In The Present does not guarantee continuous accessibility or uninterrupted operation of the Digital Service. ii. In The Present reserves the right to temporarily suspend or shut down the Digital Service for system maintenance or for such other purpose as we may require, as and when necessary. iii. In The Present reserves all rights to deny or restrict access to this Digital Service to any particular person or to block access from any Internet address to this Digital Service or any part thereof, at any time, without ascribing any reasons whatsoever. iv. Any transactions which you carry out on this Digital Service (including the use of any services offered by In The Present on the Digital Service) shall be subject to such additional terms and conditions as In The Present finds necessary. These additional terms and conditions shall be brought to your attention at the time of your transaction, and by carrying out your transaction you shall be deemed to have accepted and agreed to be legally bound by the additional terms and conditions.
Reliance on Information on the Digital Service
i. In The Present provides the Digital Service as a general information source only. The Digital Service should not be taken as giving professional advice, and may not cover all the relevant information on a particular issue. Before relying in any way on the information on the Digital Service, you should do your own checks and/or obtain the necessary professional advice on your particular issue. ii. In The Present may modify or discontinue any information or features that form part of the Digital Service at any time, with or without notice to you, and without liability.
SECURITY
i. Where appropriate, In The Present uses available technology to protect the security of communications made through the Digital Service. Notwithstanding the above, In The Present does not accept liability for the security, authenticity, integrity or confidentiality of any transactions or other communications made through the Digital Service. You carry out any such transactions or communications at your own risk. ii. Internet communications may be susceptible to interference or interception by third parties. Despite In The Present’s best efforts, we makes no warranties that the Digital Service is free of infection by computer viruses or other harmful or unauthorized software. iii. You should take appropriate steps to keep your information, software and equipment secure. iv. This includes clearing your Internet browser cookies and cache before and after using any services on the Digital Service. v. You should keep your passwords (including your Singpass and other designated passwords) confidential and secure. In The Present will not request for your passwords by e-mail or any other modes of communication, other than as an authentication key for entry into the Digital Service and for services offered by In The Present therein.
links to or from the digital service
i. The Digital Service may link you to or from other sites (“Third Party Site/Hyperlink”) on the Internet which are not under the control of or maintained by In The Present. These Third Party Sites/Hyperlinks may contain information or material that some people may find inappropriate or offensive. You acknowledge that In The Present is not responsible or liable for the availability or the contents of any Third Party Site/Hyperlink linked to or from the Digital Service. ii. In The Present is not liable for any damages or loss of any kind caused as a result (whether direct or indirect) of the use of any Third Party Site/Hyperlink, including but not limited to any damage or loss suffered as a result of reliance on the contents contained in or available on the Third Party Sites/Hyperlinks. iii. Links to Third Party Sites/Hyperlinks are provided in the Digital Service as a convenience. The inclusion of such links does not imply endorsement of the Third Party Site/Hyperlink to which the Digital Service links to. Under no circumstances shall In The Present be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia, or any other content or devices used or appearing on the Third Party Site/Hyperlink to which the Digital Service links to. iv. Except as set forth below, caching and links to, and the framing of the Digital Service or any of the Contents therein is prohibited:
  • You must make a specific request for, and secure permission from In The Present prior to linking to, or framing, any page or part of the Digital Service, or engaging in similar activities. In The Present reserves the right to impose conditions when permitting any hyperlinking to, or framing of any page or part of the Digital Service.
  • Your linking to, or your framing of the Digital Service or any of the Contents constitutes acceptance of these Terms of Use, including any subsequent changes or modifications to these Terms of Use. If you do not accept the Terms of Use as may be changed or modified from time to time, you must discontinue linking to, or framing of the Digital Service or any of the content.
  • Under no circumstances shall In The Present be considered to be endorsing, associated or affiliated in whatever manner with any trade or service marks, logos, insignia, or any other content or devices used or appearing on any Third Party Site/Hyperlink that link to the Digital Service.
  • In The Present reserves all rights to disable any links to, or frames of any Third Party Site/Hyperlink containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
  • In The Present reserves the right to disable any unauthorized links or frames to the Digital Service and disclaims any responsibility or liability for the contents on any Third Party Site/Hyperlink reached by links to or from the Digital Service.
DISCLAIMERS AND LIMITATION OF LIABILITY
i. While every care is taken by In The Present in providing the Contents and services on the Digital Service, In The Present does not make any warranty or representation whatsoever and hereby disclaims all express, implied and statutory warranties of any kind to you, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to the following:
  • That your use of, or access to the Digital Service and its services will be uninterrupted, timely, secure, free of bugs, free from human tampering, free from viruses or other malicious, destructive or corrupting code, programme or macro, free from transmission errors or otherwise error-free or that there will not be any defects or deficiencies in the Digital Service;
  • As regards the security of the Digital Service or the security of your information captured in or made available through applications for licences, permits or registrations at the Digital Service; and
  • As to the accuracy, completeness, reliability, non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for any particular purpose of the Contents of the Digital Service.
ii. In The Present shall not be liable for any damages, losses, compensation, penalty, expenses or costs whatsoever (whether direct, indirect, incidental, special or consequential damage or economic loss and whether foreseeable or not) incurred on account of or arising from:
  • Using, visiting or relying on any statements, opinion, representation or information provided through the Digital Service;
  • The access to the Digital Service or use of any services offered on the Digital Service;
  • Any inaccuracy or incompleteness in, or errors or omission in the content of the Digital Service;
  • Any delay or errors in operation or transmission of the Digital Service arising from communications failure, internet access difficulties or malfunctions in equipment or software;
  • Use or access to the Digital Service or any other website linked to the Digital Service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and
  • Actions or omissions of any person who access or use the applications at the Digital Service or obtains any information obtained directly or indirectly through the Digital Service, regardless of whether In The Present has been advised of the possibility of such damages, loss, compensation, penalty, expenses or costs.
INDEMNIFICATION
i. You agree to indemnify and hold In The Present and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, that arise from your misuse of the Digital Service.
SEVERABILITY AND INTEGRATION
i. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and In The Present with respect to the Digital Service and supersedes all prior or contemporaneous communications between you and In The Present with respect to the Digital Service. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
APPLICABLE LAW
i. Use of the Digital Service and these Terms of Use and all its subsequent variations shall be subject to, governed by, and interpreted in accordance with the laws of the Republic of Singapore, and you hereby agree to submit to the exclusive jurisdiction of the Singapore courts in the determination of any dispute arising in connection with the use of the Digital Service.