Terms of Service:

Last updated on 20th Mar 2019

BluHop™ (‘we’, ‘us’ ‘our’) provides an online platform that connects users of the platform to businesses. These businesses are referred to as Refill Points and include water ATM’s and water fountains.  Refill Points provide clean drinking water to users seeking to drink from or refill their water bottles with such clean drinking water (collectively, the "Services"), which Services are accessible at https://bluhop.com (the “Website”) or via the BluHop mobile app (the “Application”). By using the Website or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user or provider of Services. These Terms govern your access to and use of the Website, Application and Services, and all “content”, and constitute a binding legal agreement between you and BluHop. Please also read carefully our Privacy Policy at https://bluhop.com/privacy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website, Application, or Services.

The website, application, and services comprise an online platform through which BluHop partners may create a business profile for water refill points and users may learn about and drink or refill their water bottles directly with the partners. you understand and agree that BluHop is not a party to any agreements entered into between partners and users, nor is BluHop a restaurant owner, water quality inspector, or health inspector. BluHop has no control over the conduct of partners and users of the website, application, and services and disclaims all liability in this regard to the maximum extent permitted by law.

Key Terms

"Content" means all Content that BluHop makes available through the Website, Application, or Services, including any content licensed from a third party and content uploaded by Refill partners. Content includes text, graphics, images, music, software (excluding the Application), audio, video, information and all other material on the website, application made available to provide services.

"User" means anyone who downloads, accesses website, application, services to avail of BluHop services to find refill points
"Partner" means a user who creates a Refill Point Profile via the Website, Application, and Services
"Profile" means a Refill Point of any type with all its details that is listed by a Partner as available for providing water to users

Certain areas of the Website and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website, Application, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Application, Services, or Content.

You acknowledge and agree that, by accessing or using the website, application, or services, or by downloading or posting any content from or on the website, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the website and application. If you do not agree to these terms, then you have no right to access or use the website, application, services, or content.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modifications to Website, Applications, Services

BluHop reserves the right, at its sole discretion, to modify the Website, Application, or Services or to modify these Terms, including the Service Fees and any other charges, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Website or via the Application or otherwise provide you with notice of the modification. By continuing to access or use the Website, Application or Services after we have posted a modification on the Website or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you may cease using the Website, Application, and Services immediately.

Eligibility

The Website, Application and Services are intended solely for persons who are 16 years or older. Any access to or use of the Website, Application or Services by anyone under 16 year of age is expressly prohibited. By accessing or using the Website, Application or Services you represent and warrant that you are 16 years or older.

How the Services Works

The Website, Application can be used to facilitate the listing and use of services to access clean drinking water ("Refill Points"). Such Refill Points created by Partners may be included in Profiles on the Website or Application or both. You may view profiles as a user or registered visitor to the Website, Application. As stated above, BluHop makes available a mobile platform with related technology for Users to find Refill Points/Profiles via the Website, Application and get access to clean water offered by its Partners. Refill Points may also include other water sources that are accessible to the public and managed by an entity that is not a Partner or affiliate of BluHop. BluHop is not an owner or operator of properties, including, but not limited to, restaurants, schools, shopping malls, airports, railway stations, metro stations, parks, or hotels, institutions, corporates nor is it a provider of drinking water. Unless explicitly specified otherwise in the BluHop platform, BluHop’s responsibilities are limited to:

(i) facilitating the availability of refill points via the Website, Application and
(ii) serving as a marketing services provider for certain partners, where applicable

Please note that, as stated above, the site, application, and services are intended to be used to facilitate partners and users connecting and obtaining water directly with each other outside of a BluHop authorized refill point. BluHop cannot and does not control the content contained in any refill point profile and the condition, legality, or suitability of any refill points. BluHop is not responsible for and disclaims any and all liability related to any and all refill point profiles and water obtained through any use of the site, application, or the services. accordingly, any water use will be made or accepted at the user’s own risk.

Partner Account Registration

In order to access certain features of the Website and Application, you may be asked to register to create an account ("BluHop Account"). You may register to join the Services directly via the Website or Application or as may be required as per instructions in the relevant section of the Website or the Application.

You may be able to register an account or log into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Website or Application, as described below. As part of the functionality of the Website, Application and Services, you may link your BluHop Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to BluHop through the Website, Application; or (ii) allowing BluHop to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to BluHop and/or grant BluHop access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating BluHop to pay any fees or making BluHop subject to any usage limitations imposed by such third-party service providers.

By granting BluHop access to any Third-Party Accounts, you understand that BluHop may access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Website, Application and Services via your BluHop Account and BluHop Account profile page.

Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your BluHop Account on the Website, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or BluHop’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website, Application and Services. Your third-party accounts are governed solely by your agreement(s) with such third-party service providers

BluHop makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, non-infringement or legality and BluHop is not responsible for any SNS Content. Your BluHop Account and your BluHop Account profile page will be created for your use of the Website and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active BluHop Account at any given time. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BluHop reserves the right to suspend or terminate your BluHop Account and your access to the Website, Application, and Services if you create more than one (1) BluHop Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BluHop Account, whether or not you have authorized such activities or actions. You will immediately notify BluHop of any unauthorized use of your BluHop Account.

Refill Point Profiles

As a Partner, you are required to create Business Profile followed by Profiles of Refill Point(s) that you own or are directly under your control. To create a Refill Point Profile, you will be asked a variety of questions about the Refill Point to be listed, including, but not limited to, the business name, brand name, location, features, hours of operation of the Refill Point, water quality data, and pricing and related rules and financial terms. In order to be featured in Profiles via the Website, Application, and Services, all Refill Point Profiles must have valid physical addresses/locations co-ordinates (latitude, longitude). Refill Points will be made publicly available via the Website, Application, and Services. Other users, partners will be able to view your listed Refill Point(s) via the Website, Application, and Services based upon the information provided in your Refill Point Profile. You understand and agree that in exchange for being listed, once a User requests water, you may not deny that request or ask the User to pay for the water unless the Refill Point has been listed as a “pay-per-use” or a “paid” refill point. You may offer other products or services on payment basis to users at their request as per your line and nature of business.

You acknowledge and agree that you alone are responsible for any and all Refill Points Profiles and Partner Content you post. Accordingly, you represent and warrant that any Refill Point you create on the website, application (i) does not and will not breach any agreements you have entered into with any third parties, such as restaurant owners association, market associations, governing agencies, lease, or rental agreements, and (ii) is and will (a) be in compliance with all applicable laws (such as zoning laws and laws governing health inspection and food safety), Tax requirements, and rules and regulations that may apply (including having all required permits, licenses and registrations), and (b) does not and will not conflict with the rights of third parties. BluHop assumes no responsibility for a Partner’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. BluHop reserves the right, at any time and without prior notice, to remove or disable access to any Refill Point or Points for any reason, including Listings that BluHop, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, Application, or Services. If you are a Partner, you understand and agree that BluHop does not act as an insurer. If a User requests water at your Refill Point, any agreement you enter into with such User is between you and the User and BluHop is not a party to it. BluHop recommends that Partners obtain appropriate insurance for their Refill Points. It is the responsibility of the Partner to ensure that insurance is adequate and that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users while at your Refill Point.

BluHop may offer Partners the option of having photographers take photographs of their Refill Point. You agree that you alone are responsible for ensuring that your Profile/business is accurately represented in the Images. All images, materials, and content created by these photographers, including Images, constitute BluHop Content, regardless of whether you include them in your Listing. You agree that BluHop may use these Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Refill Point or otherwise, without further notice or compensation.

No Endorsement

BluHop does not endorse any Partner or any Refill Point. You understand that any Images used are intended only to indicate a photographic representation of the Refill Point at the time the photograph was taken. Images are therefore not an endorsement by BluHop of any Partner or any Refill Point. Partners, users are required by these Terms to provide accurate information (where needed), and although BluHop may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, partners, BluHop does not make any representations about, confirm, or endorse any user, Partner or their purported identity or background.

Any references in the Website, Application, or Services to a Partner, User being "verified" (or similar language, graphic, signs) only indicates that the Partner, User has completed a relevant registration process, and does not represent anything else. Any such description is not an endorsement, certification, or guarantee by BluHop about any Partner or User, including their identity and whether they are trustworthy, reliable, safe, or suitable. Any references in the Website, Application, or Services to a Partner Water Quality score, data, results, or concentrations represent the results of a third party analysis. The presence of a Partner’s water quality information does not represent that BluHop guarantees its accuracy. As a user you expressly understand and agree to make your own decisions about the identity and suitability of Refill Points whom you contact or interact with via the Website, Application, and Services. BluHop recommends that you always exercise due diligence and care when deciding whether to obtain water from a Partner or Refill Point, or to have any other interaction with any other Partner, user.

Partner and User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Website, Application, Services, and Content. In connection with your use of the Website, Application, Services, and Content, you agree that you will not:

i. Violate any local, provincial, state, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

ii. Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website, Application, Services, or Content;

iii. Access or use our Website, Application, Services, or the BluHop API to use, expose, or allow to be used or exposed, any BluHop Content: (i) that is not publicly displayed by BluHop in its search results pages or Refill Point profiles; (ii) in any way that is inconsistent with the BluHop Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of BluHop’s users, partners, or any other third party;

iv. Use the Website, Application, Services or Content for any commercial or other purposes that are not expressly permitted by these Terms;

v. Copy, store or otherwise access or use any information contained on the Website, Application, Services, or Content for purposes not expressly permitted by these Terms;

vi. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;

vii. Interfere with or damage BluHop Website, Application, or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

viii. Use BluHop Site, Application, Services, or Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to accessing Refill Points;

ix. Harass any other user of our Website, Application or collect or store any personally identifiable information about any other user other than for purposes of transacting as a BluHop Partner or User;

x. Create, as a Partner, any Refill Points that you do not yourself own or have permission to list as a business unless you have explicit permission from BluHop or are employed or contracted by BluHop specifically for the purpose

xi. Register for more than one BluHop Account or register for a BluHop Account on behalf of an individual other than yourself or legal entity with due authorisations

xii. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

xiii. Use automated scripts to collect information from or otherwise interact with the Website, Application, Services or Content;

xiv. As a Partner, submit any Refill Point with false or misleading information, or submit any Refill Point with any information that you do not intend to honour;

xv. Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

xvi. Access, tamper with, or use non-public areas of the Website, Application or Services, BluHop’s computer systems, or the technical delivery systems of BluHop’s providers;

xvii. Use, display, mirror, or frame the Website, Application, Services or Content, or any individual element within the Website, Application, Services or Content, BluHop’s name, any BluHop trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Website, Application, or Services, without BluHop’s expressed written consent;

xviii. Systematically retrieve data or other content from our Website, Application, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

xix. Attempt to probe, scan, or test the vulnerability of any BluHop system or network or breach any security or authentication measures;

xx. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BluHop or any of BluHop’s providers or any other third party (including another user) to protect the Website, Services, Application or Content;

xxi. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services, Application, or Content to send altered, deceptive or false source-identifying information;

xxii. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website, Services, Application or Content; or

xxiii. Advocate, encourage, or assist any third party in doing any of the foregoing.

BluHop has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

BluHop may access, preserve, and disclose any of your information if required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against BluHop or to comply with legal process including but not limited to subpoenas or warrants, (ii) enforce or administer our agreements with users (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property, or safety of BluHop, it’s users, or members of the public.

You acknowledge that BluHop has no obligation to monitor your access to or use of the Website, Application, Services, or Content or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Website, Application and Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. BluHop reserves the right, at any time and without prior notice, to remove or disable access to any Content, part of website, application or services that BluHop, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful

Ownership

The Website, Application, Services, and Content are protected by copyright, trademark, and other State, Federal, local, and foreign laws. You acknowledge and agree that the Website, Application, Services, and Content are the exclusive property of BluHop and its licensors. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website, Application, Services, or Content.

Privacy

You agree that BluHop’s Privacy Policy (as may be updated from time to time) governs BluHop’s collection and use of your personal information.

Application License

Subject to your compliance with these Terms, BluHop grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application, you will only use the App Store Sourced Application (I) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. BluHop reserves all rights in the Application not expressly granted to you by these Terms. Some portions of the BluHop platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.

BluHop Content and Partner Content License

Subject to your compliance with Terms mentioned herein, BluHop grants you a limited, non-exclusive, non-transferable license, to (i) access and view any BluHop Content solely for your personal and non-commercial purposes and (ii) access and view any Partner Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Website, Application, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BluHop or its licensors, except for the licenses and rights expressly granted in these Terms.

Partner Content

We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit Partner Content. By making available any Partner Content on or through the Website, Application, and Services, you hereby grant to BluHop a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Partner Content on, through, by means of or to promote or market the Website, Application and Services.

You acknowledge and agree that you are solely responsible for all Content that you make available through the Website, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Website, Application, and Services or you have all rights, licenses, consents and releases that are necessary to grant to BluHop the rights in such Partner Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission, or transmittal of the Partner Content or BluHop’s use of the Partner Content (or any portion thereof) on, through or by means of the Website, Application, and the Services will misappropriate, infringe, or violate a third party's copyright, patent, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that BluHop is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BluHop of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of BluHop used herein are trademarks or registered trademarks of BluHop. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Feedback

You may submit Feedback by emailing us, through the “Contact Us” section of the Website and Application. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of BluHop and you hereby irrevocably assign to BluHop and agree to irrevocably assign to BluHop all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At BluHop’s request and expense, you will execute documents and take such further acts as BluHop may reasonably request to assist BluHop to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

BluHop respects copyright law and expects its users and partners to do the same. It is BluHop’s policy to terminate in appropriate circumstances the BluHop Accounts of Partners or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Suspension, Termination and BluHop Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate, or cancel your BluHop Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your BluHop Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Website, Application, Services, your BluHop Account, your Member Content, or receive assistance from BluHop Customer Service, (b) any pending or active Refill Points as either Partners or Users will be immediately terminated, (c) you will not be entitled to any compensation for Refill Point fees or payments (even if confirmed) that were cancelled as a result of a suspension, deactivation, or termination of your BluHop Account. You may cancel your BluHop Account at any time by sending us an email. Please note that if your BluHop Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website, Application and Services, including, but not limited to, any reviews or Feedback.

Indemnification

You agree to release, defend, indemnify, and hold BluHop and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website, Application, Services, or Content or your violation of these Terms; (b) your Partner Content; (c) your (i) interaction with any user, (ii) using a Refill Point, or (iii) creation of a Refill Point Profile; (d) the use, condition of a Refill Point by you, including but not limited to any illnesses, sickness, injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of use of a Refill Point.

Accessing and Downloading the Application from Apple AppStore, Google Play

The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application") or Google Play (“App store sourced application”)

i. You acknowledge and agree that (i) these Terms are concluded between you and BluHop only, and not Apple, Google and (ii) BluHop, not Apple, Google is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services as laid out by Apple, Google.

ii. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If you visit a Refill Point and anyone you feel is acting or has acted inappropriately, including but not limited to anyone who (i) is not using sanitary practices while handling water (ii) or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities first and then to BluHop.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between BluHop and you regarding the Website, Application, Services, Content, and any use of or Refill Points made via the Website, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BluHop and you regarding using or creating Refill Points, the Website, Application, Services, and Content.

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