Company: means GEM Hat Company Pty Ltd ACN 169 584 258, a company registered in Australia.
Content: includes Our Content and User Content..
Course Materials: means lessons, tutorials, collections of lessons or tutorials (“Courses”) and other educational or informational materials available for viewing and/or streaming from Our Website.
Intellectual property: means intellectual property owned by us or licensed to us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today and including, without limitation, patents, trade marks, unregistered marks, designs, copyright, software, domain names, discoveries, know-how, creations and inventions, together with all rights which are derived from those rights in relation to the use and purpose of Our Website.
Our Content: means the textual, visual or aural content that is encountered as part of your experience on Our Website and which is Posted by us including, without limitation, Course Materials, text, images, sounds, videos and animations.
Our Website: means www.hatacademy.com and any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable our website/s to function.
Post: means place on or into Our Website any Content or material of any sort by any means.
Purpose: means our purpose as set out in section B. of the Background at the start of these Terms.
Services: means all of the services available from Our Website including, without limitation, the provision of online video tutorials for streaming, whether free or charged.
Terms: means these terms and conditions, as amended from time to time.
User Content: means the textual, visual or aural content that is encountered as part of your experience on Our Website and which is Posted by you or by another user of Our Website including, without limitation, text, images, sounds, videos and animations.
In these Terms unless the context otherwise requires:
2.1 the headings to the paragraphs and schedules (if any) to these Terms are inserted for convenience only and do not affect the interpretation.
2.2 any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3 these Terms apply as they appear on Our Website in the English language. If there is any conflict in meaning between the English language version of these Terms and any non-English version or translation of these Terms in any other language, the English language version shall prevail.
2.4 the singular includes the plural, and vice versa; and
2.5 if a word or phrase is defined, its other grammatical forms have a corresponding meaning.
3 BASIS OF CONTRACT
3.1 In agreeing to these Terms you have not relied on any representation or information from any source except the definition of the Services included in these Terms and any explanation of the Services provided on Our Website.
3.2 Subject to these Terms, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time as advertised on Our Website.
3.3 You acknowledge that you understand the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
3.4 So far as we allow you to use any of our Intellectual Property, such use is pursuant to a licence we grant to you as set out in these Terms.
3.5 Our licence to you commences from the time you commence using Our Website and allows your continued access and use of the Services (although the extent of your access to the Services may depend on whether you have created a Hat Academy member account, and the type of that account). Please ensure you have signed in and have an active Hat Academy member account before purchasing any Course Materials and communicate the name of your account accurately in ‘check out’ upon purchase. Peruse all written detail and Youtube clips on each lesson prior to purchase. Once the Course Materials are opened to view they are not able to be closed down from your viewing, and are considered sold with no refund or exchange being available.
3.6 The Course Materials may take up to 48hrs to be activated, once payment is processed.
3.7 Course Materials are available in the English Language only.
3.8 Tutors will reply to lesson specific questions only and will respond at their convenience.
3.9 Playback of Course Materials requires a high speed internet connection. Customers are responsible for supplying their own adequate internet service, software and hardware to access our Services.
3.10 We may change these Terms and/or the way we provide the Services, at any time. If we do:
3.10.1 the change will take effect from the date notified to you when we Post the updated Terms to Our Website;
3.10.2 if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time; and
3.10.3 if any change to the Terms adversely affects your ability to access any Content you have already purchased, you may cancel your membership within 14 days of receiving notice from us that the Terms have been updated, after which time you will be deemed to have read and accepted the updated Terms. If you cancel your membership in accordance with this clause, then you will be entitled to a refund in respect of any Course Materials you have paid for but have not yet accessed.
4 YOUR ACCOUNT AND PERSONAL INFORMATION
4.1 When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2 You agree that, when registering for a Hat Academy member account, you must provide us with accurate, up to date, and complete information about yourself (as far as is reasonable and possible). We are not responsible for any error made as a result of such information being inaccurate. Please do not provide us with any information which is not specifically required by us at account creation, or which may endanger your personal or financial safety or the personal or financial safety of others.
4.3 You agree to notify us of any change to the information you provide to us as soon as possible after you become aware of the change. If you do not do so, or if you otherwise do not comply with these Terms and/or any ‘acceptable use’ policy we may adopt from time to time, we may suspend your Hat Academy member account.
4.4 Unless specifically stated otherwise (e.g. on the ‘sign-up’ page when you register for your member account), all Hat Academy member accounts are single-user, single-viewer, accounts and must not be shared. We may, in our discretion, set categories of accounts and may set ranges of pricing from time to time, including for multi-user or multi-viewer accounts, or for accounts intended for use in educational institutions.
4.5 We use Janrain Engage that provides sign-in and registration services. https://hatacademy.networkauth.com/
5 THE PRICE
5.1 The prices payable for Services are clearly set out on Our Website. Customers are responsible for their own internet data usage to view Our Website and the Course Materials.
5.2 The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country. Sales are in $AUD. Printing your PayPal invoice suffices as confirmation of your purchase but Invoices are available on request
5.3 Prices on Course Materials and cart pages of Our Website that are displayed in other than $AUD currency are a calculation at time of purchase. If you choose to pay in a currency other than $AUD, the final amount you will be charged at checkout will depend on the currency conversion (to $AUD) conducted by your bank or the third party payment portal you choose to use and their applicable exchange rates, and therefore may not exactly reflect the price/s stated on Our Website. You are responsible to approve the final amount before completing purchase at checkout. Australian Goods and Services Tax (GST) is included in Australian orders. Prices displayed on Our Website are inclusive of any other applicable sales tax.
5.4 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.5 You must pay all sums due to us in accordance with these Terms by the means specified without any set-off, deduction or counterclaim.
5.6 All monies paid by you to us are non-refundable (save in the event of default or non-performance by us) and cancellation and/or termination of these Terms or of your Hat Academy member account by you or us at any time for any reason (save in the event of default or non-performance by us) will not entitle you to a refund of monies paid.
5.7 You are responsible for assessing what tools and/or items are required in order to complete any of the Course Materials (see information regarding any such items on the relevant Course Materials page) and you must make your own arrangements to purchase any tools and/or items which you do not already have (at your own cost).
5.8 Gift Cards are only valid for purchase of Courses.
5.9 In the event of a special discount promotion with an advertised limited time frame, no recompense ie.either in extra lessons or courses or monetary value, will be remunerated or made to customers on lessons within this course/courses which were purchased prior to the advertising date of the said promotion.
6 SECURITY OF YOUR CREDIT CARD
6.1 We take care to make Our Website safe for you to use.
6.2 Card payments are not processed directly by us on Our Website. We use one or more online payment service providers to process payments for Services, who will encrypt your card or bank account details in a secure environment.
6.3 PayPal is the primary payment system used by us, however we may also use other payment portals or services, such as Stripe or Shopify. An alternative payment can be arranged via ITT (International Telegraphic Transfer from your bank). Be aware of the fee charged by your local bank. You are responsible for any fees, charges, taxes, exchange rates calculations or adjustments or similar expenses associated with the use of any payment method or payment portal which you choose to use in order to pay for the Services.
7 HOW WE HANDLE YOUR CONTENT
7.1 If you Post User Content to any public area of Our Website, then it becomes available in for public viewing. We have no control over who sees it or what viewers may do with it.
7.2 Even if access to User Content is behind a user registration, it remains effectively available for public viewing, because someone has only to register and log in (without any requirement for payment) to access it. You should therefore avoid Posting unnecessary private or confidential information, or information which may otherwise personally identify you and/or any other user (such as addresses and places of work or education). We want you to remain safe when providing information over the internet, so please do not Post any information which may endanger your personal or financial safety or the personal or financial safety of others.
7.3 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any User Content that you Post on Our Website in public domains (e.g. social media and in any medium). You represent and warrant that you are authorised to grant all such rights. Photographs and other content posted by a member may be used on social networks and in Hat Academy Newsletters
7.4 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
7.5 By agreeing to these Terms, you consent to any act or omission by us which would otherwise constitute an infringement of your moral rights..
7.6 Posting User Content of any sort does not change your ownership of the copyright in it. We have no claim to ownership of it or any other rights in it, other than in accordance with the licence granted to us by these Terms, and we will not protect your rights for you.
7.7 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, copyright, defamation, or any law, which may occur as a result of any User Content having been Posted by you;
7.8 We encourage originality in millinery creativity. Please be aware that replicating other milliner’s designs can be an infringement of another milliner’s intellectual property and that may lead to reputational damage or to criticism of you, or to legal action.
7.9 You accept all risk and responsibility for determining whether any User Content Posted by you is something which you are entitled to post (for example, whether it is in the public domain) and not confidential.
7.10 Please notify us of any security breach or unauthorised use of your account. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 7.3 above.
8 RESTRICTIONS ON WHAT YOU MAY POST TO OUR WEBSITE
8.1 We invite you to contribute User Content to Our Website; however your use of our Website and any User Content you Post must always be in accordance with these Terms and consistent with our Purpose. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
8.2 We do not undertake to moderate or check every item Posted, however we reserve the right to do so. If we believe User Content Posted breaches any law, we shall co-operate fully with law enforcement authorities in whatever ways we can.
8.3 You must only use Our Website and/or Post User Content in a manner consistent with these Terms and our Purpose. You must not, and you must not allow anyone else to:
8.3.1 use Our Website or Post User Content in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.3.2 engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines;
8.3.3 use Our Website or Post User Content in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
8.3.4 use Our Website or Post User Content in a manner that is defamatory, or in a way that is otherwise obscene, offensive. threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
8.3.5 use Our Website or Post User Content in a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
8.3.6 impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to Our Website without authorisation;
8.3.7 interfere or attempt to interfere with the proper working of Our Website or prevent others from using Our Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to Our Website, or that otherwise negatively affects other persons' ability to use Our Website;
8.3.8 use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy any part of Our Website or the content contained therein;
8.3.9 use Our Website or Post User Content in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through Our Website or to users of Our Website;
8.3.10 use Our Website or Post User Content in a manner designed to repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Our Website;
8.3.11 attempt to gain unauthorised access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Our Website;
8.3.12 use Our Website or Post User Content which is or may be unlawful, or tend to incite another person to commit a crime;
8.3.13 use Our Website or Post User Content which is or may be sexually explicit or pornographic;
8.3.14 solicit responses unconnected with the purpose of Our Website or these Terms;
8.3.15 request or collect passwords or other personal information from another user without their permission, nor Post any unnecessary personal information about yourself. Please do not Post any information which may pose a risk to your, or another person’s, financial or physical security;
8.3.16 sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person (e.g. sending private messages to other users of Our Website with a commercial purpose or collecting information with the intention of passing it to a third party for their commercial use);
8.3.17 Post any User Content in which you do not own, or have a licence to use, the Intellectual Property;
8.3.18 infringe, violate or misappropriate any person’s intellectual, proprietary or other rights ; or
8.3.19 link to any of the material specified in this clause.
9 YOUR POSTING: RESTRICTED CONTENT
9.1 We may refuse, edit or remove a Posting which:
9.1.1 does not comply with this clause or clause 8;
9.1.2 we consider doesn’t contribute positively to our Purpose; or
9.1.3 which we otherwise consider is unsuitable or inappropriate (in our discretion, acting reasonably) having regard to these Terms and to our Purpose.
9.2 In addition to the restrictions set out in clause 8, a Posting must not contain:
9.2.1 hyperlinks, other than those specifically authorised by us;
9.2.2 keywords or words repeated, which are irrelevant to the Content Posted;
9.2.3 the name, logo or trademark of any organisation other than your own; or
9.2.4 inaccurate, false, or misleading information.
10 REMOVAL OF OFFENSIVE CONTENT
10.1 We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police user activity on Our Website. However we may do so, at our discretion, on any reasonable basis.
10.2 We may monitor and moderate any User Content on Our Website and may edit or remove any User Content which, in our discretion, we consider to be contrary to these Terms or to our Purpose.
10.3 We will notify you if we remove or edit any of your User Content. If we do so you may ask us for our reasons for doing so and, where possible without creating any other risk and without compromising the safety or security of any person, we will provide them to you.
10.4 If you are offended by any Content on Our Website (whether Posted by us or another user), the following procedure applies:
10.4.1 your complaint regarding the Content which you consider to be offensive or contrary to these Terms should be submitted to us at email@example.com;
10.4.2 upon receipt of your complaint, we may investigate it to determine whether the Content you have complained about is contrary to these Terms or to our Purpose, or is otherwise offensive; and
10.4.3 after investigating your complaint, we may remove the Content from Our Website for various reasons including, without limitation, if we deem the Content to be offensive or to be contrary to these Terms or to our Purpose;in relation to any Content removed in accordance with this clause, we may also, in our discretion, re-instate the Content or we may not.
10.5 In respect of any complaint made by you or any person on your behalf you irrevocably grant to us the right to notify the person who Posted the Content which you complained about of the existence of the complaint (but not of your identity or personal information) and, to the extent permitted or required by law, a licence to publish the complaint and all associated correspondence and communication to the extent we deem necessary or appropriate..
10.6 If you make a complaint which is frivolous or vexatious in nature, you will be liable for any fees, costs or expenses incurred by us in investigating your complaint including, without limitation, legal fees, which amount will be recoverable from you as a liquidated debt.
11 SECURITY OF OUR WEBSITE
11.1 If you breach these Terms or ‘hack’ into or otherwise cause any damage or interruption to Our Website we may take legal action against you.
11.2 You must not, and must not allow any other person to:
11.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
11.2.2 view Content of Our Website publicly, as lessons are not available to be screened in public, nor use any Content of Our Website in any educational department or facility to teach millinery skills in a school, college or university or other similar context (unless your Hat Academy member account is specifically described (for example, on the ‘sign-up’ page of Our Website) as a multi-user or multi-viewer account which specifically permits those things).
11.2.3 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL of Our Website into a standard internet browser;
11.2.4 download any part of Our Website without our express written consent;
11.2.5 share access to your Hat Academy member account with any other person (unless that is specifically permitted by reference to your Hat Academy member account type). ;
11.2.6 collect or use any product listings, descriptions, or prices;
11.2.7 collect or use any information obtained from or about Our Website or the Content except as intended by these Terms;
11.2.8 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by these Terms or as is reasonably necessary for your use of the Services;
11.3 Notwithstanding, and without limiting, clause 11.2 above, we grant a licence to you to:
11.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us without first obtaining our express consent. This licence is conditional upon you not portraying us or any product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Intellectual Property as part of the link without our prior, express, written consent.
11.3.2 copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
11.4 We reserve the right to suspend or delete (in our discretion) the Hat Academy member account of any user found to have breached this clause 11.
12 INTERRUPTION TO SERVICES
12.1 If it is necessary for us to interrupt the Services for any reason (for example, to carry out website maintenance), and we consider the extent of the interruption is significant enough to justify notifying you, we will give you reasonable notice of when and for how long Our Website is likely to be unavailable (where possible) .
12.2 You acknowledge that Our Website and/or the Services may also be interrupted for reasons beyond our control and, as such, Our Website may not operate on a continuous basis and may be unavailable from time to time.
12.3 You agree that we are not liable to you for any indirect, special or consequential loss, foreseeable or not, arising from any interruption to the Services.
12.4 For clarity, Hat Academy Course Materials are provided on an ‘as is’ and ‘as available’ basis.
13 INTELLECTUAL PROPERTY
You acknowledge and agree that:
13.1 the licence granted to you in accordance with clause 3 of these Terms does not affect the ownership of the Intellectual Property in Course Materials accessed or viewed via Our Website (which remains the property of individual tutors and/or Hat Academy (as applicable).
13.2 you must not do, cause or permit anything to be done which may damage or endanger our title or the title of any tutor to any Intellectual Property;
13.3 you must not use any suspected infringement of the Intellectual Property;
13.4 you will indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
13.5 you must not use any name or mark similar to, or capable of being confused with, any name or mark of ours;
13.6 you must not, in relation to any software provided to you or made accessible to you by us:
13.6.1 copy, or make any change to any part of its code;
13.6.2 use it in any way not anticipated by these Terms;
13.6.3 give access to it to any other person (unless your Hat Academy member account is specifically described (for example, on the ‘sign-up’ page of Our Website) as a multi-user or multi-viewer account, and then only on the basis of the particular terms and conditions which apply to that type of account, which may be detailed on the ‘sign-up’ page of Our Website, or in these Terms;or
13.6.4 provide any information about it to any other person or generally, except with our prior, express, written consent.
13.7 not use the Intellectual Property in any way not expressly permitted by these Terms.
14 DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 To the maximum extent permitted by law, all implied conditions, warranties and terms are excluded from these Terms. If an implied condition, warranty or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
14.2 Our Website and our Services are provided “as is”. To the maximum extent permitted by law, we make no representation or warranty that our Services will be:
14.2.1 useful to you;
14.2.2 fit for a particular purpose; or
14.2.3 available or accessible, without interruption, and without error.
14.3 To the maximum extent permitted by law, we make no representation or warranty and accept no responsibility in law for:
14.3.1 the accuracy of any Content or the impression or effect given by any Content;
14.3.2 the delivery of Content;
14.3.3 the privacy of any transmission between you and us;
14.3.4 third party advertisements which are Posted on Our Website or accessible through the Services;
14.3.5 the conduct, whether online or offline, of any user of Our Website or the Services;
14.3.6 the failure or malfunction of computer hardware or software or technical equipment or systems connected directly or indirectly to your use of the Services;
14.3.7 any act or omission of any person who introduces himself to you through Our Website;
14.3.8 any aspect or characteristic of any goods or services advertised on Our Website.
14.4 You agree that in any circumstances when we may become liable to you for any reason, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
14.5 We shall not be liable to you for any loss or expense which is
14.5.1 indirect or consequential loss; or for any loss or damage of any sort incurred as the result or dealings with suppliers or third party sites recommended by us; or
14.5.2 incurred as a result of, or which relates in any way to, your use of Our Website or the Services in any manner contrary to these Terms or our Purpose (noting that the Services are provided for personal, domestic and/or hobby use and are not intended to enable professional millinery practice).
14.6 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to the Company.
14.7 If you become aware of any breach of any of these Terms by any person, please tell us by sending an email to firstname.lastname@example.org. We welcome your input but do not guarantee to agree with your judgement.
14.8 In no will we or any of our tutors be liable for any damages or injuries arising out of the use of materials and Services provided to students through the Lessons. Students and users of Our Website and the Services are responsible for reading and following all occupational health and safety guidelines and data provided by tutors and product suppliers. In any millinery studio it is important to give safety a high priority. Many Lessons include the use of glue, stiffeners, dyes and spray colour. Please observe all occupational health and safety guidelines provided by the suppliers of the products you choose to use. Be very careful of fumes and use in ventilated space or use a ventilated mask and wear protective clothing. Heat and steam may burn so wear protective gloves when handling heated materials.
15 YOU INDEMNIFY US
You agree to indemnify us against all costs, claims and expenses arising directly or indirectly from:
15.1 your failure to comply with the law of any country;
15.2 your breach of these Terms; or
15.3 a breach of the intellectual property rights of any person;
and for the purpose of this clause you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $100AUD per hour without further proof.
16 MISCELLANEOUS MATTERS
16.1 If the whole or any part of a provision of these Terms is or becomes void, invalid or unenforceable it must, if possible, be read down so as to be valid and enforceable. If however, the whole or any part of a provision of these Terms is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms.
16.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
16.3 If you are in breach of any of these Terms, we may:
16.3.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;
16.3.2 suspend your account and refuse access to Our Website until any breach is remedied;
16.3.3 remove or edit Content, or cancel any order (in which case we will refund any money paid by you to us which relates to any pending order), at our discretion; or
16.3.4 issue a claim in any court.
16.4 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.5 You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority which makes a written request that appears to us (acting reasonably) to be legitimate, without further consent from or notification to you.
16.6 Any communication to be served on either party by the other must be delivered by e-mail to:
16.6.1 in the case of you; your email address as nominated on your Hat Academy member account; or
16.6.2 in the case of us; email@example.com;
and will be deemed to have been delivered within 24 hours if no notice of non-receipt has been received by the sender.
16.7 The validity, construction and performance of these Terms shall be governed by the laws of the State of Queensland. Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
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