https://weathersafe.co.uk/static/js/1857.018b3267.chunk.js

1"use strict";(self.webpackChunkNioLandReact=self.webpackChunkNioLandReact||[]).push([[1857],{1857:(e,t,a)=>{a.r(t),a.d(t,{default:()=>l});a(5043);var s=a(1072),r=a(8602),o=a(3107),i=a(7497),n=(a(8954),a(579));const l=function(){return(0,n.jsxs)(o.A,{variant:2,title:"Terms and Conditions",description:"Platform Access Terms governing use of the Weathersafe origin intelligence platform by washing-station Collective Managers, Clients, and Authorised Users.",children:[(0,n.jsxs)(i.Cu,{className:"pt-120 pt-lg-180",masks:["blur-1 left top","blur-1 right bottom"],children:[(0,n.jsxs)("div",{className:"nl-block-head md",children:[(0,n.jsxs)("div",{className:"nl-section-head pb-0",children:[(0,n.jsx)("nav",{children:(0,n.jsxs)("ol",{className:"breadcrumb mb-3 mb-md-4",children:[(0,n.jsx)("li",{className:"breadcrumb-item",children:(0,n.jsx)("a",{href:"/",children:"Home"})}),(0,n.jsx)("li",{className:"breadcrumb-item active","aria-current":"page",children:"Terms & Conditions"})]})}),(0,n.jsx)("h1",{children:"Terms & Conditions"})]}),(0,n.jsx)("hr",{className:"mt-5 mb-0"})]}),(0,n.jsx)(i.Cu.Content,{children:(0,n.jsx)(s.A,{className:"pt-3",children:(0,n.jsx)(r.A,{lg:"9",children:(0,n.jsx)("div",{className:"nl-entry-wrap pt-3 ps-lg-5",children:(0,n.jsxs)("div",{className:"nl-entry",children:[(0,n.jsxs)("div",{className:"pb-5",children:[(0,n.jsx)("h5",{children:"Platform Access Terms & Conditions"}),(0,n.jsx)("h6",{children:"1. Who we are, and how to contact us"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:'1.1 These Platform Access Terms ("Terms") are a legal agreement between you (being any User of the Platform) and Weather Safe Limited, a company registered in England and Wales with company number 08413256 whose registered office is at 3rd Floor, Lawford House, Albert Place, London, N3 1QA ("Weather Safe", "us", or "we") which governs your use of our Platform (as defined below).'}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"1.2 The Client or Collective Manager and Weather Safe (as applicable) has entered into a Client Access Agreement or a Collective Manager Agreement respectively and these terms govern the use of the Platform thereunder."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"1.3 Please read these Terms carefully. By using the Platform, you agree that you have read, understood and agree to comply with these Terms. If you do not agree to these Terms you must not use the Platform."}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["1.4 Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please contact Weather Safe by email at ",(0,n.jsx)("a",{href:"mailto:[email protected]",children:"[email protected]"}),"."]}),(0,n.jsx)("h6",{children:"2. Definitions and interpretation"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"2.1 In these Terms, unless the context otherwise requires, the following definitions shall apply:"}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Applicable Laws"'})," means any applicable law, statute, bye-law or regulation in force from time to time;"]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Authorised User"'})," means those employees, agents and independent contractors of Users who are authorised to use the Platform by the relevant Collective Manager or Client;"]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Business Day"'})," means a day other than a Saturday, a Sunday, a public or bank holiday in England;"]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Client"'})," means a User who is not a Collective Manager, and who is using the Platform for the purposes of access to data hosted thereon, but who does not use the Platform to upload any information or Personal Data relating to their own clients or customers;"]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Collective Manager"'})," means a User who is a manager of a multiple agricultural smallholdings who is using the Platform the purposes of managing their business;"]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Confidential Information"'})," means:",(0,n.jsxs)("ul",{className:"ms-3",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"All confidential information which is disclosed, or made available, directly or indirectly by one party to the other whether before, on or after the date on which these Terms are entered into, and whether orally, in writing, in electronic form or other media, which relates to a party's business including without limitation its products, operations, processes, plans or intentions, developments, trade secrets, know how, market opportunities, personnel, suppliers and customers of the party disclosing it;"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"All information which is uploaded to the Platform by Weather Safe and any information which is uploaded by a Collective Manager; and"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"Any other information which is identified as being of a confidential nature or would appear to a reasonable person to be confidential and all information derived from any of the above together with the existence or provisions of these Terms and the negotiations relating to it."})]})]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Data Protection Laws"'})," means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of personal data including:",(0,n.jsxs)("ul",{className:"ms-3",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:'EU Regulation 2016/679 ("GDPR");'}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:'Any laws or regulations ratifying, implementing, adopting, supplementing or replacing the GDPR (including, in the UK, the Data Protection Act 2018 ("DPA") and (to the extent in force) the UK GDPR as defined in The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 ("UK GDPR"));'}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"Any laws and regulations implementing or made pursuant to EU Directive 2002/58/EC (as amended by 2009/136/EC) (including, in the UK, the Privacy and Electronic Communications (EC Directive) Regulations 2003); and"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:'Any guidance or codes of practice issued by a governmental or regulatory body or authority in relation to compliance with the foregoing; in each case, as updated, amended or replaced from time to time; and the terms "Data Subject", "Personal Data", "processing", "processor" and "controller" shall have the meanings set out in the GDPR.'})]})]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"DP Regulator"'})," means any governmental or regulatory body or authority with responsibility for monitoring or enforcing compliance with the Data Protection Laws."]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Force Majeure Event"'})," means fire, explosion, flood, earthquakes, war, riots, acts of terrorism, acts of government, sabotage, civil commotion or severe weather conditions which cannot be mitigated by the exercise of reasonable endeavours by the party affected (save that industrial action taken by the employees, agents or sub-contractors of a party or failure of agents or sub-contractors of the party claiming that they have suffered such an event or any other circumstance within the reasonable control of such party shall not be considered to be a Force Majeure Event)."]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Intellectual Property Rights"'})," means:",(0,n.jsxs)("ul",{className:"ms-3",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:'Any patents, utility models, supplementary protection certificates, petty patents, rights in copyright (including "moral" rights), database r

1ights, design rights, semiconductor topography rights, mask work rights, trade marks and service marks;'}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"All registrations or applications to register any of the items referred to in paragraph (a); and"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"All rights in the nature of any of the items referred to in paragraphs (a) or (b) including continuations, continuations in part and divisional applications, reputation, personality or image, trade names, business names, brand names, get-up, logos, domain names and URLs, rights in unfair competition and, without prejudice to anything set out elsewhere in this definition, rights to sue for passing off and all rights having equivalent or similar effect to, and the right to apply for any of, the rights referred to in this definition in any jurisdiction."})]})]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Fees"'})," shall have the meaning given to them in:",(0,n.jsxs)("ul",{className:"ms-3",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"The Collective Manager Agreement, for Collective Managers; and"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"The Client Access Agreement, for Clients."})]})]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Platform"'})," has the meaning given to it in clause 3."]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Users"'})," means Clients and Collective Managers."]}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:[(0,n.jsx)("strong",{children:'"Virus"'})," means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices."]})]}),(0,n.jsx)("h6",{children:"3. Our Platform"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"3.1 The Platform is an online platform designed to allow Users to access information intended to assist in the planting and growing of coffee or other crops, such as information about climate, weather, soil, trends and other analytics."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"3.2 The Platform also allows Collective Managers to communicate with the farmers whose farms they manage in order to more efficiently and productively manage those farmers' activities. It does this by providing access to information, and enabling either Weather Safe (on the Collective Manager's behalf) or a Collective Manager to directly communicate via SMS message with farmers under the management of Collective Managers."}),(0,n.jsx)("h6",{children:"4. Other terms that may apply to you"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"These Terms refer to the following additional terms, which also apply to your use of the Platform, found in our Privacy Policy. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By providing us with such data, you warrant that all data provided by you is accurate."}),(0,n.jsx)("h6",{children:"5. Registration"}

1),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"5.1 To access the Platform, Users must register an account through our Website and in doing so you agree to be bound by these Terms, which shall govern your use of the Platform."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"5.2 You are only eligible to register to access the Platform if, and by registering and creating a User Account you confirm that, you are over 18 years old, and all information that you use to register is accurate and current. It is your responsibility to keep all your information up to date."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"5.3 On registering with us to access the Platform you will be issued with a user name and password which must be used in order to access the Platform. The user name and password are personal to you and are not transferable."}),(0,n.jsx)("h6",{children:"6. Use of the Platform"}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.1 ",(0,n.jsx)("strong",{children:"We may make changes to the Platform"})]}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We may update and change the Platform from time to time to reflect changes to the Platform, our Users' needs or our business priorities."}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:["Any new version of these Terms shall take effect, and will govern the Platform and your relationship with us:",(0,n.jsxs)("ul",{className:"ms-3",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"Immediately upon the date of posting on the Platform where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"No less than thirty (30) days after the date of posting on the Platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to us."})]})]})]}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.2 ",(0,n.jsx)("strong",{children:"We may suspend or withdraw the Platform"})]}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We may suspend, withdraw or restrict the availability of all or any part of the Platform, without notice, for business or operational reasons."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We will not be liable to you for any reason if the Platform is unavailable at any time or for any period."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We may also impose limits on certain services, features or functions, or restrict access to parts of the Platform at any time without notice or liability."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We reserve the right, at our discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the Platform generally."})]}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.3 ",(0,n.jsx)("strong",{children:"You must keep your account details safe"})]}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms."}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:["If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ",(0,n.jsx)("a",{href:"mailto:[email protected]",children:"[email protected]"}),"."]})]}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.4 ",(0,n.jsx)("strong",{children:"Do not rely on information on the Platform"})]}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Platform."}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.5 ",(0,n.jsx)("strong",{children:"You must not copy, or download the content of the Platform"})]}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the information available on the Platform in any form or media or by any means."}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.6 ",(0,n.jsx)("strong",{children:"We are not responsible for websites we link to"})]}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"Where the Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them."}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.7 ",(0,n.jsx)("strong",{children:"User-generated content is not approved by us"})]}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"The Platform includes information and materials uploaded by other Authorised Users of the Platform. This information and these materials have not been verified or approved by us."}),(0,n.jsxs)("li",{className:"fs-7 text-dark",children:["If you wish to complain about information and materials uploaded by other Authorised Users, please contact us at ",(0,n.jsx)("a",{href:"mailto:[email protected]",children:"[email protected]"}),"."]})]}),(0,n.jsxs)("p",{className:"fs-7 text-dark",children:["6.8 ",(0,n.jsx)("strong",{children:"We are not responsible for Viruses and you must not introduce them"})]}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"We do not guarantee that the Platform will be secure or free from bugs or Viruses."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own Virus protection software."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"You must not misuse the Platform by introducing Viruses. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is hosted, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed de

1nial-of-service attack."}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities by disclosing your identity to them. In the event of such breach, your right to use the Platform will cease immediately."})]})]}),(0,n.jsxs)("div",{className:"pb-5",children:[(0,n.jsx)("h6",{children:"7. Fees"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"7.1 Collective Managers and Clients shall respectively pay the Fees prior to any access to the Platform being granted is contingent on your ongoing compliance with the terms of the Collective Manager Agreement or Client Access Agreement (as applicable) relating to the payment of the Fees."}),(0,n.jsx)("h6",{children:"8. Intellectual Property"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"8.1 You acknowledge and agree that Weather Safe and/or its licensors own all Intellectual Property Rights in the Platform, including any such Intellectual Property Rights in any information accessible through the Platform. These Terms do not grant you any rights to, under or in any Intellectual Property Rights, or any other rights or licences in respect of the Platform."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"8.2 Weather Safe confirms that it owns or is the beneficiary of appropriate licences to use any Intellectual Property Rights in the Platform and in any information accessible on the Platform that are necessary to grant all the rights it purports to grant under these Terms."}),(0,n.jsx)("h6",{children:"9. Confidential Information"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"9.1 You may have access to Confidential Information of Weather Safe by virtue of having access to the Platform. You agree to hold our Confidential Information in confidence and not to make any such Confidential Information available to any third party, or to use any such Confidential Information for any purposes aside from the access granted to it through your access to the Platform. For the avoidance of doubt, you shall make no commercial use of any Confidential Information to which you have access."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"9.2 You shall take all reasonable steps to ensure that our Confidential Information to which you have access is not disclosed or distributed by any Authorised User under your employment or control in violation of these Terms."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"9.3 Notwithstanding clause 9.2 above, you may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by any Applicable Law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, you provide Weather Safe with as much notice of such disclosure as possible and, where notice of disclosure is not prohibited."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"9.4 You will indemnify and hold Weather Safe harmless against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered by Weather Safe arising out of your breach or alleged breach of this clause 9."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"9.5 This clause 9 shall survive expiry or termination of these Terms for any reason."})]}),(0,n.jsxs)("div",{className:"pb-5",children:[(0,n.jsx)("h6",{children:"10. Data Protection"}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:(0,n.jsx)("strong",{children:"If you are a Client or a Collective Manager, the following clauses apply to you:"})}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"10.1 Any Personal Data which is provided to us by you may be collected, stored and processed in accordance with our Privacy Policy and at all times we will only process your Personal Data in compliance with the Data Protection Laws."}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:(0,n.jsx)("strong",{children:"If you are a Collective Manager, the following clauses apply to you:"})}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"10.2 Both Weather Safe and you shall:"}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"(a) comply with the provisions and obligations imposed on it by the Data Protection Laws at all times when processing Personal Data in connection with these Terms; and"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"(b) maintain records of all processing activities under its responsibility that contain at least the minimum information required by the Data Protection Laws, and shall make such information available to any DP Regulator on request."})]}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"10.3 To the extent that you provide Weather Safe with any Personal Data in connection with your use of the Platform:"}),(0,n.jsxs)("ul",{className:"ms-2",children:[(0,n.jsxs)("li",{className:"fs-7 text-dark",children:["(a) you shall:",(0,n.jsxs)("ul",{className:"ms-3",children:[(0,n.jsx)("li",{className:"fs-7 text-dark",children:"(i) ensure that you have issued to any applicable Data Subjects sufficient information regarding your sharing of their Personal Data to ensure compliance with the Data Protection Laws;"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"(ii) have the sole responsibility for the accuracy, quality and legality of the relevant Personal Data and the means by which you acquired and shared such Personal Data (including providing all notices and obtaining all consents as may be required by the Data Protection Laws); and"}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"(iii) prior to the transfer of any Personal Data to Weather Safe, ensure that you have provided details to the applicable Data Subject of Weather Safe's identity, and the purposes for the transfer of their Personal Data and you shall provide a copy of Weather Safe's then-current Privacy Policy to the relevant Data Subjects."})]})]}),(0,n.jsx)("li",{className:"fs-7 text-dark",children:"(b) to the extent that either you or Weather Safe receives any complaint, notice or communication which relates directly or indirectly to the processing of Personal Data by the other party or to the compliance of the other party with the Data Protection Laws, it shall provide the other party with its reasonable co-operation and assistance in relation to any such complaint, notice or communication."})]}),(0,n.jsx)("p",{className:"fs-7 text-dark",children:"10.4 You will indemnify and hold Weather Safe harmless against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered by Weather Safe arising out of your breach or alleged breach of this clause 10."}),(0,n.jsx)("h6",{children:"11. 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