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TERMS OF SERVICE

OVERVIEW

This website is managed by In The Present. Across the site, the terms “we”, “us” and “our” refer to In The Present. Your use of and access to this site, including all tools, resources, and services available from this site, are contingent upon your acceptance of all terms, conditions, policies and notices declared here.

Please read these Terms of Service thoroughly before visiting or using our website. By visiting our website and/or making an order with In The Present, you are engaging in our "Service" and agree to be governed by the following terms and conditions ("Terms of Service"), including the additional terms and conditions and policies referenced in this site. These Terms of Service apply to all users of the site. If you disagree with any of the terms and conditions stated in this agreement, you shall not access the website. 
 
ELIGIBILITY

To access the site and make an order with In The Present, you represent that you are at least eighteen (18) years of age. Otherwise, you must obtain parental/guardian consent to proceed.
PROHIBITED USES
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You are prohibited from using the site or its content:

(a) for any criminal purpose;

(b) to enable others to perform or engage in any criminal acts;

(c) to breaching our intellectual property rights or those of others;

(d) to harass, harm, slander, or discriminate based on race, language, religion, gender, sexual orientation, ethnicity, age, or any other categories;

(e) to present false or misleading information;

(f) to distribute or transmit viruses, worms, or any other type of malicious code that will or may affect the operation and/or security of the Service or Internet;

(g) to gather or trace the personal data of others;

(h) to spam, scam, or scrape;

(i) for any obscene or offensive purpose.

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We reserve the right to terminate your use of the Service for breaching any of the prohibited uses. Any infringements in law will be reported to the relevant authorities.
ENTIRE AGREEMENT

These Terms of Service and any additional policies posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us, and regulate your use of the Service, overriding any prior or simultaneous agreements, communications and propositions, whether verbal or written, between you and us.

Any uncertainties in the understanding of these Terms of Service shall not be interpreted against the drafting party. The failure of In The Present to exercise or enforce any right or clause of these Terms of Service shall not represent its waiver. 
PRODUCTS OR SERVICES

We strive to depict an accurate representation of our products through our images on the website. However, we cannot guarantee that it will be precise. We do not warrant that the quality of our products, services, resources, or other material purchased or by you will meet your expectations.

Our products or Services have limited quantities and are subject to our Refund Policy. We reserve the right to restrict the quantities of any products or Services that we offer.

All product  descriptions or pricing are subject to amendments, modifications, or discontinuations, at any time without prior notice, at our sole discretion.  Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any changes, hiatus, or cessation of the Service.
PRICE AND PAYMENT

In the circumstance that any information on our site or in the Service contains typographical errors, inaccuracies or oversights that may relate to product pricing, descriptions, offers, promotions, and shipping charges, we reserve the right to correct such errors, inaccuracies or oversights, and to cancel orders in view of such errors without prior notice (including after you have submitted your order).

We are not obligated to update, change, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. Additionally, no specified update date expressed on our site or in the Service implies that all information on our site or in the Service has been amended or updated.
 
DISCLAIMER OF WARRANTIES AND LIABILITY

We do not guarantee or warrant that your use of our Service will be timely, secure or free of any errors, or that the results acquired from the use of the Service will be accurate or reliable.

You agree that we may remove the Service for unspecified periods of time or cancel the service at any time without prior notice. You agree that your use of, or inability to use, the service is at your own risk. All products and services delivered to you through the service are (except expressly stated by us) provided ‘as is’ and ‘as available’ for your use without any guarantees or warranties, either express or implied.

In no circumstances shall In The Present, the directors, officers, agents, contractors, consultants, licensors, suppliers, affiliates, and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. In the event where the jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
 
INDEMNITY

You agree to indemnify, defend and hold harmless In the Present, its directors, officers, agents, contractors, consultants, licensors, suppliers, affiliates, and employees, from any and all third-party claims, liabilities, damages, and/or costs (including, but not limited to, legal fees) arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
FORCE MAJEURE

We shall not be liable for any breach, hindrance, or delay in the fulfilment of a contract due to causes beyond our reasonable control, including but not limited to, strikes, riots, fire, flood, earthquake, pandemic, or events of similar nature.

In the event that the unforeseen circumstance persists for more than 5 working days, either you or we may terminate the contract without any liability other than a refund of an undelivered product fully paid for by you.
INTELLECTUAL PROPERTY RIGHTS

All content included in or made available through our site, such as graphics, logos, and images, is the property of In The Present or its content suppliers, and is therefore protected by the copyright laws internationally. All such rights are reserved by In The Present and its licensors. You may store, print, or display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, any of the content supplied on this Platform, or use the content for any business or commercial enterprise.
SEVERABILITY

In the event that any of the clauses of these Terms of Service is determined by any court to be void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the voided clause shall not affect the legitimacy and enforceability of remaining provisions.
 
TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you discontinue using our site. If we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
 
GOVERNING LAW

These Terms of Service and any separate agreements, contractual and non-contractual, shall be governed by and construed in accordance with the Singapore law.
VARIATION
We reserve the right to amend these Terms of Service at our sole discretion without any prior notice. All amendments will be posted on this page and will be effective immediately. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of the updated Terms of Service.
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