© Dine At Mine Limited 2018

Terms of use.

Our Terms of Use (“Terms”) describe the rules by which you agree to use our (Dineatmine Limited) services. Please email us at admin@dine-at-mine.com if you want any more information relating to these terms.

 

The Terms govern your access to and use of the Dine At Mine mobile application ("App") and all associated services ("Dine At Mine Services"). The App and Dine At Mine Services are collectively referred to as the “Dine At Mine Platform”. By accessing or using the Dine At Mine Platform, you agree to comply with and be bound by these Terms.

 

1. Scope of services

 

1.1 The Dine At Mine Platform is an online marketplace that enables registered users (“Members”) to publish listings for their “Restaurants” on the Dine At Mine Platform (“Listings”) and to communicate and transact with other Members that are seeking to book services, which may include providing meals (eat-in or take away), baking, ingredients or other food related items (“Services”). Members can be:

(a) chefs e.g. host people as diners at their Restaurants located at the chef’s home or another location e.g. sports club, marae, or mobile unit (“Chef”);

(b) diners e.g. dine at, or take away from, the Restaurant of a Chef (“Diner”); or

(c) Chefs and Diners.

 

1.2 Chefs alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to the services they offer via the Dine At Mine Platform (“Chef Services”).

 

1.3 As the provider of the Dine At Mine Platform, Dine At Mine does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Chef Services. Chefs alone are responsible for their Listings and Chef Services. When Members make or accept a booking, they are entering into a contract directly with each other. Dine At Mine is not and does not become a party to or other participant in any contractual relationship between Members. Dine At Mine is not acting as an agent in any capacity for any Member, except as set out in Clause 6, Payment, Service Fees and Withdrawals.

 

1.4 Dine At Mine has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Chef Services, (ii) the truth or accuracy of any Listing descriptions, or (iii) the performance or conduct of any Member or third party. Dine At Mine does not endorse any Member, Listing or Chef Services, and Dine At Mine will not facilitate the resolution of disputes between Members.

 

1.5 If you choose to use the Dine At Mine Platform as a Chef, your relationship with Dine At Mine is limited to being an independent contractor, and not an employee, agent, joint venturer or partner of Dine At Mine. You are acting exclusively on your own behalf, and not on behalf, of Dine At Mine. You acknowledge and agree that you have complete discretion whether to list any Chef Services.

 

1.6 To promote the Dine At Mine Platform and to increase the exposure of Listings to potential Diners, Listings and other Member Content may be displayed on third party websites, in applications, within emails, and in online and offline advertisements.

 

1.7 Due to the nature of the Internet, Dine At Mine cannot guarantee the continuous and uninterrupted availability and accessibility of the Dine At Mine Platform. The functionality of the Dine At Mine Platform may not be error free and there could be errors or other issues, and while we may try to resolve these issues the Dine At Mine Platform and our Services are provided on an ‘as is’ basis. Dine At Mine may improve, enhance and modify the Dine At Mine Platform and introduce new Dine At Mine Services from time to time.

 

2. Eligibility, using the platform, member verification

 

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Dine At Mine Platform or register a Dine At Mine Account. By accessing or using the Dine At Mine Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

 

2.2 Dine At Mine may make the access to, and use of the Dine At Mine Platform, or certain areas or features of the Dine At Mine Platform, subject to certain conditions or requirements, e.g. completing a verification process, or meeting specific quality or eligibility criteria.

 

2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity, however for fraud prevention purposes, we may, but have no obligation to ask Members to provide a form of identification to help verify the identities of Members.

 

2.4 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Dine At Mine Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

3. Modification of these terms

 

3.1 Dine At Mine reserves the right to change any or all parts of these Terms at any time. Should this occur the change will be emailed to you. Your use of the Dine At Mine Platform after we have emailed the change will be considered an acceptance of the change.

 

4. Account registration

 

4.1 You must register an account ("Dine At Mine Account") to access and use certain features of the Dine At Mine Platform, such as publishing or booking a Listing. If you are registering a Dine At Mine Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

 

4.2 You can register a Dine At Mine Account by using your name, a profile picture, your email address, a password, and your credit card details (for payment for your bookings). You should choose a good password and not one that is easy to guess.

 

4.3 You agree to provide accurate and complete registration information. Please keep this information updated via your Profile page. Failure to maintain accurate and complete information may result in the termination of your account.

 

4.4 You are responsible for maintaining the confidentiality and security of your Dine At Mine Account and may not disclose your password to any third party. You must immediately notify Dine At Mine at admin@dine-at-mine.com if you know or have any reason to suspect that your Dine At Mine account is being used by an unauthorised user. You are liable for any and all activities conducted through your Dine At Mine Account, unless you have already notified Dine At Mine about the unauthorised use of your Dine At Mine Account.

 

4.5 Your registration data and other information we receive, collect or store about you is subject to our Privacy Policy. You acknowledge and agree that we may use and disclose your personal information in accordance with our Privacy Policy.

 

5. Content

 

5.1 Dine At Mine may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content on or through the Dine At Mine Platform ("Member Content"); and (ii) access and view Member Content and any content that Dine At Mine itself makes available on or through the Dine At Mine Platform, including proprietary Dine At Mine content and any content licensed or authorised for use by or through Dine At Mine from a third party ("Dine At Mine Content" and together with Member Content, "Collective Content").

 

5.2 The Dine At Mine Platform, Dine At Mine Content, and Member Content may in its entirety or in part be protected by copyright, trademark, or other laws. You acknowledge and agree that the Dine At Mine Platform and Dine At Mine Content, including all associated intellectual property rights, are the exclusive property of Dine At Mine and/or its licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Dine At Mine Platform, Dine At Mine Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Dine At Mine used on or in connection with the Dine At Mine Platform and Dine At Mine Content are trademarks or registered trademarks of Dine At Mine. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Dine At Mine Platform, Dine At Mine Content, and/or Collective Content are used for identification purposes only and are the property of their respective owners.

 

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Dine At Mine Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 Dine At Mine or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Dine At Mine grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the App on your personal device(s); and (ii) access and view any Collective Content made available on or through the Dine At Mine Platform and accessible to you, solely for your personal use.

 

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Dine At Mine Platform, you grant to Dine At Mine a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Dine At Mine Platform, in any media or platform. Dine At Mine acknowledges that it does not have any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

 

5.6 You are solely responsible for all Member Content that you make available on or through the Dine At Mine Platform. You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Dine At Mine Platform or you have all rights, licenses, consents and releases that are necessary to grant to Dine At Mine the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dine At Mine's use of the Member Content (or any part thereof) will infringe a third party's intellectual property rights, or result in the violation of any applicable law or regulation.

 

5.7 You must not post, upload, publish, submit or transmit any Member Content that: (i) is false or misleading; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or (iv) promotes illegal or harmful activities or substances. Dine At Mine may, without prior notice, remove or disable access to any Member Content that Dine At Mine finds to be in violation of these Terms, or otherwise may be harmful or objectionable to Dine At Mine, its Members, or third parties.

 

5.8 Dine At Mine respects copyright law and expects its Members to do the same. If you believe that any content on the Dine At Mine Platform infringes any copyright you own, please notify us at admin@dine-at-mine.com.

 

6. Payment, service fees and withdrawals

 

6.1 If you are a Chef, Dine At Mine may charge service fees ("Service Fees") in consideration for the use of the Dine At Mine Platform. The Service Fees are the greater of 10% of the price of each plate, or $1 per plate (plus GST). Except as otherwise provided on the Dine At Mine Platform, Service Fees are non-refundable.

 

6.2 Dine At Mine will collect payment for all Listings at the time a Diner books a plate. If you are a Diner, you authorise Dine At Mine, to charge your credit card for your booking at the time you make the booking. Diners cannot cancel a booking once it has been made, unless the Diner and Chef agree. If this is agreed, the Chef is responsible for refunding the payment to the Diner (less the Service Fee).

 

6.3 Dine At Mine reserves the right to change the Service Fees at any time, and will provide Chefs adequate notice of any fee changes before they become effective.

 

6.4 The applicable Service Fees are collected by Dine At Mine. Dine At Mine will deduct Service Fees for the Listing before making the remaining funds available to the Chef to withdraw from their account.

 

6.5 In order to withdraw funds from your account you must provide valid bank account details on your Profile page. Dine At Mine will generally make funds available for withdrawal within 3 business days of date you Restaurant being held. Dine At Mine reserves the right to delay or cancel any withdrawal for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

 

7. Terms specific for chefs

 

7.1 Chefs alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Chef Services. For example, Chefs may have to register, get a permit or obtain a license before providing certain Chef Services (such as preparing food, or serving alcohol). Chef are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Chef Services they offer.

 

7.2 When creating a Listing through the Dine At Mine Platform you must provide complete and accurate information about your menu, particularly whether or not it includes organic, or free-range ingredients or whether it includes any ingredient may cause an allergy (e.g. gluten, dairy, nuts). Once a Diner has booked a plate, you should not change any ingredient unless you advise the Diner of the same, and they accept the change. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

 

7.3 You are solely responsible for setting a price (including any Taxes if applicable) per plate for your Listing. Once a Diner books a plate, you may not request that the Diner pays a higher price.

 

7.4 You cannot withdraw a Listing, after a Diner has booked a plate. If you are unable to host your Restaurant, you must advise all Diners, and Dine At Mine at admin@dine-at-mine.com, of the same immediately. Dine At Mine will refund the Diners in full, and you will be required to pay an administration fee of $50. Dine At Mine reserves the right to prohibit you from being a Chef if you withdraw a Listing (once Diners have booked a plate) without good cause (which Dine At Mine may determine in its complete discretion).

 

7.5 Unless expressly allowed by Dine At Mine, you may not list more than one menu per Listing.

 

8. Terms specific for diners

 

8.1 Subject to meeting any requirements (such as completing any registration or verification processes) set by Dine At Mine, you can book a Listing available on the Dine At Mine Platform by following the respective booking process. All applicable fees including applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Dine At Mine Account.

 

8.2 Upon receipt of a booking confirmation from Dine At Mine, a legally binding agreement is formed between you and your Chef. If are unable to attend a booking you can arrange with the Chef to take the meal away by taking a container to the Chef at the “Serve/Pick Up Time” specified in the Listing, or you can forgo the plate. The Total Fees are non-refundable, as Chefs have to pre-purchase ingredients.

 

8.3 If you book a Chef Service on behalf of additional Diners, you are required to ensure that every additional Diner is made aware of and agrees to these Terms. If you are booking for an additional Diner who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only participate if accompanied by an adult who is responsible for them.

 

8.4 You agree to leave the Chef’s premises no later than the closing time that the Chef specifies in the Listing or such other time as mutually agreed upon between you and the Chef. If you stay past this time the Chef is entitled to make you leave in a manner consistent with applicable law.

 

8.5 You should carefully review the description of Listings you intend to book to ensure you are comfortable with the description provided. Once you book, you are not entitled to a refund if you change your mind about going to the Chef’s Restaurant. You will receive a refund if the Chef withdraws a Listing which you have booked.

 

8.6 You may not bring any additional individuals to a booking unless such an individual was added by you as an additional Diner during the booking process on the Dine At Mine Platform.

 

8.7 You must not bring alcohol to a Chef’s Restaurant unless you have contacted the Chef, and you have their prior permission in writing to do so.

 

9. Booking modifications

 

9.1 Chefs and Diners are responsible for any modifications to a booking that they make via the Dine At Mine Platform. Once a booking has been made the Chef will receive the Diner’s email address and mobile number (and vice versa), so that Chefs and Diners can contact each other. Any modification can be made to a booking if both the Chef and Diner agree.

 

10. Disputes between members

 

10.1 Dine At Mine will not be involved in any disputes between Members. Disputes between Members will be for Members to resolve.

 

10.2 If as a Diner you are unhappy with a meal, as long as the meal was as described in the Listing you are unlikely to have a dispute. If you did not like the meal, you may choose not to book with that Chef again.

 

11. Taxes

 

11.1 As a Chef you are solely responsible for determining your obligations to report, collect, remit or include in your price per plate any applicable taxes, including GST and income tax ("Taxes").

 

12. Prohibited activities

 

12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Dine At Mine Platform. In connection with your use of the Dine At Mine Platform, you will not and will not assist or enable others to:

(a) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or these Terms;

(b) use the Dine At Mine Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Dine At Mine endorsement, partnership or otherwise misleads others as to your affiliation with Dine At Mine;

(c) copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Dine At Mine Platform in any way that is inconsistent with Dine At Mine’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

(d) contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Dine At Mine Platform;

(e) in respect of a Listing on the Dine At Mine Platform, request, make or accept a booking independent of the Dine At Mine Platform, to circumvent any fees or for any other reason;

(f) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;

(g) use, display, mirror or frame the Dine At Mine Platform, or any individual element within the Dine At Mine Platform, Dine At Mine's name, any Dine At Mine trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Dine At Mine Platform, without Dine At Mine's express written consent;

(h) dilute, tarnish or otherwise harm the Dine At Mine brand in any way, including through unauthorised use of Collective Content, registering and/or using Dine At Mine or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Dine At Mine domains, trademarks, taglines, promotional campaigns or Collective Content;

(i) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Dine At Mine Platform for any purpose;

(j) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Dine At Mine or any of Dine At Mine's providers or any other third party to protect the Dine At Mine Platform;

(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Dine At Mine Platform;

(l) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Dine At Mine Platform; or

(m) violate or infringe anyone else’s rights or otherwise cause harm to anyone.

 

12.2 You acknowledge that Dine At Mine has no obligation to monitor the access to or use of the Dine At Mine Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to: (i) operate, secure and improve the Dine At Mine Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set out in these Terms. Members agree to cooperate with and assist Dine At Mine in good faith, and to provide Dine At Mine with such information and take such actions as may be reasonably requested by Dine At Mine with respect to any investigation undertaken by Dine At Mine or a representative of Dine At Mine regarding the use or abuse of the Dine At Mine Platform.

 

12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, you should immediately report such person to the appropriate authorities and then to Dine At Mine by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

13. Termination, suspension and other measures

 

13.1 You may terminate your Dine At Mine Account at any time by sending us an email. If you cancel your Dine At Mine Account as a Chef, any booking(s) will be automatically cancelled and your Diners will receive a full refund. If you cancel your Dine At Mine Account as a Diner, any booking(s) will be automatically cancelled and no refunds will be made.

 

13.2 Dine At Mine may terminate its services for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

 

13.3 Dine At Mine may immediately, without notice, terminate your Dine At Mine Account and/or stop providing access to the Dine At Mine Platform if: (i) you have breached your obligations under these Terms; (ii) you have violated applicable laws, regulations or third party rights, or (iii) Dine At Mine believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dine At Mine, its Members, or third parties.

 

13.4 Dine At Mine may take any of the following measures if: (i) you fail to comply with applicable law, or these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Dine At Mine Account registration, Listing process or thereafter, (iii) Dine At Mine becomes aware of or has received complaints about your performance or conduct, (iv) you have repeatedly cancelled Listings without a valid reason, or (v) Dine At Mine believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dine At Mine, its Members, or third parties, or to prevent fraud or other illegal activity:

(a) delete any Listings, or other Member Content;

(b) cancel any bookings;

(c) limit your access to or use of the Dine At Mine Platform; and

(d) temporarily or permanently suspend your Dine At Mine Account and stop providing access to the Dine At Mine Platform.

 

13.5 If we take any of the measures described above: (i) we may refund your Diners in full for any and all bookings that have been cancelled; and (ii) you will not be entitled to any compensation for bookings that were cancelled.

 

13.6 If your access to or use of the Dine At Mine Platform has been limited or your Dine At Mine Account has been suspended, you may not register a new Dine At Mine Account or access and use the Dine At Mine Platform through a Dine At Mine Account of another Member.

 

13.7 If you or we terminate this you Dine At Mine Account, the clauses of these Terms that reasonably should survive termination will remain in effect.

 

14. Disclaimers

 

14.1 If you choose to use the Dine At Mine Platform or Collective Content, you do so voluntarily and at your sole risk. The Dine At Mine Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

 

15. Liability

 

15.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Dine At Mine Platform and Collective Content, your publishing or booking of any Listing via the Dine At Mine Platform, your use of the Chef Service, or any other interaction you have with other Members whether in person or online remains with you. Dine At Mine will not be liable for any direct or indirect damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with: (i) these Terms; (ii) from the use of or inability to use the Dine At Mine Platform or Collective Content; (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Dine At Mine Platform; or (iv) from your publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Dine At Mine has been informed of the possibility of such damage.

 

15.2 Except for Dine At Mine’s obligation to pay funds available to Chefs under Clause 6 Payment, Service Fees and Withdrawals, in no event will Dine At Mine’s aggregate liability arising out of or in connection with these Terms and your use of the Dine At Mine Platform, exceed the amounts you have paid or owe for bookings via the Dine At Mine Platform as a Diner in the six (6) month period prior to the event giving rise to the liability, or if you are a Chef, the amounts paid by Dine At Mine to you in the six (6) month period prior to the event giving rise to the liability, or one hundred NZD dollars (NZD$100), if no such payments have been made, as applicable.

 

16. Indemnification

 

16.1 You agree to indemnify and hold Dine At Mine, our officers, owners, agents, employees and affiliates harmless (including for all reasonable legal representation fees) from any claim or demand made by you or any third party due to or arising out of your use of the Dine At Mine Platform. If you fail to vigorously defend any such claim or demand, we may take over the exclusive defence and control of the claim or demand at your expense.

 

17. General provisions

 

17.1 We reserve the right to change, suspend or terminate any of our services, by providing notice to Members. We will not be liable to you or any third party for such action.

 

17.2 We may establish practices and limits concerning the use of our services, including, but not limited to the maximum time period that postings or other uploaded content will be displayed or stored, the size of any content that you can upload or store on the Dine At Mine Platform and the maximum number of times and duration for which you may access our services in a given time period. You agree that we have no responsibility or liability for the deletion or failure to store any content, postings and other communications. You agree that we may change these practices and limits at any time.

 

17.3 You acknowledge that our services and the Dine At Mine Platform may include security measures, and use of these may be subject to usage rules set by us. You may not reproduce, publish, distribute or attempt to override or circumvent any of the security measures or usage rules embedded into this Dine At Mine Platform or any of our services.

 

17.4 Any provision of these Terms that is invalid or unenforceable, will be deemed deleted and this invalidity will not affect the other provisions of these terms, all of which remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

 

17.5 These Terms contain everything agreed by you and us in respect of the matters covered by them and supersede all previous understandings in respect of those matters.

 

17.6 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

17.7 You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Dine At Mine Platform and our services must be filed within six months after such claim or cause of action arose or be forever barred.

 

17.8 These Terms are governed by, and will be construed in accordance with, the laws of New Zealand.

 

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