1. TERMS OF WEBSITE USE
2. OTHER APPLICABLE TERMS
3. INFORMATION ABOUT US
http://www.kafoodle.com is a site operated by Kafoodle Limited (“we”). We are registered in England and Wales under company number 08849729 and have our registered office at 2a The Quadrant, Epsom, England, KT17 4RH. Our VAT number is 200 4876 38.
5.1 The monthly/annual subscription fee (as applicable) is calculated by reference to the number of outlets operated by you or your organisation. It is your responsibility to ensure that you declare the actual number of retail outlets operated by you or your organisation.
5.2 For each outlet you may permit authorised users up to the total number of users defined in your subscription to access our site.
6.1 The subscription fees are as detailed on our site (“Fees”) and are subject to change as set out below. In consideration of payment of the Fees by you, you will be granted a password enabling you to access functionality of our site.
6.2 Fees are payable in advance either monthly or annually.
6.3 On becoming a subscriber, you shall provide to us valid, up-to-date and complete account or credit/debit card details and authorise us to:
6.3.1 collect the Fee for the first month or year of your subscription (as applicable); and
6.3.2 thereafter to collect the Fees, subject to clause 8 below, on each monthly or yearly (as applicable) anniversary of the subscription start date.
6.4 Your subscription unless cancelled or terminated earlier in accordance with clause 8 below, shall automatically renew for successive monthly or yearly periods (as applicable).
6.8 The Fees are exclusive of value added tax.
7. SUSPENSION OF SUBSCRIPTION FOR NON-PAYMENT
7.1 We may temporarily suspend your subscription if you are in arrears with any payment due to us for more than 7 days.
7.2 Where your subscription is suspended under this provision, you shall continue to pay the Fees until the subscription has been terminated by either you or us in accordance with the cancellation provisions contained in clause 8.
7.3 Your data may be deleted from our site if your subscription has been suspended and is not recommenced within 14 days.
8.2 Notices to us under this clause 8 should be sent to the following e-mail address: firstname.lastname@example.org
8.4.3 you are the subject of a bankruptcy order, or becomes insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors, or go into voluntary (otherwise for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over your assets, or if the equivalent of any of these events under the laws of any of the relevant jurisdictions occurs to you.
8.4.4 you are subject to a change of control within the meaning of section 1124 of the Corporation Tax Act 2010.
9. ACCESS TO OUR SITE
9.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
9.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
9.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others in your organisation to content posted on our site. You may utilise the information that you obtain from our site in order to provide allergen information on menus, leaflets and marketing materials used solely within your organisation. You are not permitted to use, sell or distribute information obtained by you by using our site to any third party or any other organisation.
10.3 Save that you may print off menus and datasheets and customise those for your business, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged, unless specific written authorisation to do otherwise has been obtained and is current from Kafoodle Ltd.
11. CHANGES TO OUR SITE AND TERMS
11.1 We aim to update our site regularly, and we may change the content at any time. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
12. NO RELIANCE ON INFORMATION
12.1 The content on our site is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
13. OUR LIABILITY
13.1 We warrant that the information supplied via our site will accord with the following guidelines:
13.1.1 We research our information regarding allergens with due care and diligence. However we obtain our information from several sources and are therefore unable to give any warranty as to allergen information obtained from third parties. We cannot accept liability for any inaccuracies or incorrect information regarding such allergen information provided on our site;
13.1.2 Where you have requested that we enter your data on to our site, unless you have provided specific allergen information, we will endeavour to link the appropriate generic data for products in their raw, uncooked state. We will take reasonable care to ensure this information is correct, however food products are constantly being reformulated and this information may be subject to change. We are unable to accept liability for any incorrect allergen information associated with a supplied ingredient or for inaccuracies in the pre-loaded data that is associated with our site; and
13.1.3 Where you have requested we enter your supplied ingredient data without providing us with actual allergen information, you will be responsible for checking that the assumptions we have made when linking allergen information to the supplied ingredients are appropriate. You must also amend such assumptions where inappropriate or incorrect before publishing this information on your menus or any other marketing or display materials.
13.2 To the extent permitted by law, we expressly exclude:
13.2.1 all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
13.2.2 if you are a business user, any liability for any indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
126.96.36.199 loss of income or revenue;
188.8.131.52 loss of business;
184.108.40.206 loss of profits or contracts;
220.127.116.11 loss of anticipated savings;
18.104.22.168 loss of data;
22.214.171.124 loss of goodwill; or
126.96.36.199 wasted management or office time.
14. UPLOADING CONTENT TO OUR SITE
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute it and make it available to third parties. We will not be responsible or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any content you upload to our site in our sole discretion.
15. VIRUSES, HACKING AND OTHER OFFENCES
15.1 We do not guarantee that our site will be secure or free from bugs or viruses.
15.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
15.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
15.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
16. LINKING TO OUR SITE
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.2 You must not establish a link from any website that is not owned by you.
16.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
16.4 If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
17. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
19. CONTACT US
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
This Agreement (“Agreement”) is made on the date set out in the Order Form and made between:
1. Kafoodle Limited registered in England and Wales (company number 08849729), registered office is at 2a The Quadrant, Epsom, KT17 4RH (“Kafoodle” or “Our” “We” or “Us”); and
2. User whose details are set out in the Order Form attached hereto (“User” or “You” or “Your”).
TERMS INCORPORATED BY REFERENCE:
This Agreement incorporates the terms and conditions of this Agreement and the Order Form. By signing the Order Form You acknowledge that You have read and accepted these terms and conditions herein.
You wish to use Kafoodle’s Service and Kafoodle has agreed to provide its Services to You subject to the terms and conditions of this Agreement.
1.1 The definitions and rules of interpretation in this clause apply in this Agreement:
Confidential Information: The terms of this Agreement, any commercial, technical, financial and other information, intellectual property or materials disclosed directly or indirectly by either party to the other (whether before or after the date of this Agreement) in connection with this Agreement or is received in circumstances in which the receiving party knows or should know that the information is confidential.
Order Form: The order form You entered into on Our website for the Services.
User Data: the data inputted by User for the purpose of using the Services.
Data Protection Legislation refers to the UK GDPR, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other European Union legislation (such as the General Data Protection Regulation 2016/679) relating to personal data and all other legislation and regulatory requirements in force from time to time.
Documentation: the documents, menu items, ingredient lists or any related information made available to User by Kafoodle as part of the Service.
Effective Date: the start date for the Services set out in the Order Form.
Fees: the fees payable by User to Kafoodle as set out in the Online Order Form.
Intellectual Property Rights: intellectual property rights and industrial property rights of any nature whatsoever including without limitation concepts, ideas, methods, methodologies, procedures, processes, patents, patent applications, copyright, know-how, technical and commercial information (including, without limitation, function, process, system and data models); templates, generalized features of the structure, sequence and organization of software; user interfaces and screen designs; general purpose consulting and software tools, utilities and routines; and logic, coherence and methods of operation of systems, working papers, design (whether registered or unregistered), design rights, internet domain names, database rights, trademarks, service marks or business names, applications to register any of the aforementioned rights, trade secrets and rights of confidence, in each case in any part of the world and whether or not registered or registrable.
Support Services Policy: this is Kafoodle’s policy for providing support in relation to the Services as made available at https://Kafoodle.zendesk.com or such other website address as may be notified to User from time to time.
Services: the services provided by Kafoodle to User as set out in the Order Form.
Term: has the meaning set out in clause 14.
2.1 You are free to cancel the Services and this Agreement by giving us notice at any time before We begin providing them. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 days of Our acceptance of Your cancellation.
2.2 Once We have begun providing the Services, You are free to cancel the Services and this Agreement at any time by giving Us thirty (30) written notice. If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation. If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment.
3. USE OF THE SERVICES
3.1 In consideration of You paying the Fees, Kafoodle hereby grants You a non-exclusive, non-transferable right to use the Services during the Term solely for Your personal operations.
3.2 You shall not access, store, distribute or transmit any viruses, or any material during the course of Your use of the Services and Kafoodle reserves the right, without liability or prejudice to its other rights to you, to disable Your access to any material that breaches the provisions of this clause.
3.3 You shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Agreement:
a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Services (as applicable) in any form or media or by any means; or
b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software/Services; or
c) copy or reproduce the Services (as applicable) in whole or in part; or
d) use any part of the Services (as applicable) except as set out in this Agreement; or
e) access all or any part of the Services in order to build a product or service which competes with the Software or Services; or
f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services without express prior written consent of Kafoodle; or
g) permit any unauthorised access to, or use of, the Services.
4.1 Kafoodle shall, during the Term, provide the Services to User on and subject to the terms of this Agreement.
4.2 Kafoodle shall use its reasonable endeavours to make the Services available 24 hours a day, 7 days a week, except for planned maintenance.
4.3 Kafoodle will provide User with Kafoodle standard customer support services in accordance with Kafoodle Support Services Policy.
5. PERSONAL DATA
6. THIRD PARTY PROVIDERS
6.1 You acknowledge that the Services may enable or assist you to access third-party websites and that You do so solely at Your own risk. Kafoodle makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by You, with any such third party.
7. OBLIGATIONS OF KAFOODLE
7.1 Kafoodle shall perform the Services with reasonable skill and care.
7.2 Kafoodle shall have no liability to User to the extent of any non-conformance which is caused by use of the Services contrary to Kafoodle instructions, or modification or alteration of the Services by any party other than Kafoodle or its duly authorised contractors or agents.
a) Is not liable for any of the data, information or content provided as part of its Services, which are each publicly available to User.
b) does not warrant that User’s use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by User through the Services will meet User’s requirements; and
c) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and User acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8. YOUR OBLIGATIONS
1. You shall:
a) comply with all applicable laws and regulations with respect to its activities under this Agreement;
b) carry out all Your responsibilities set out in this Agreement in a timely and efficient manner;
c) maintain a copy your own Data;
d) ensure that its network and systems comply with the relevant specifications provided by Kafoodle from time to time; and
e) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Kafoodle.
9. CHARGES AND PAYMENT
9.1 You shall pay the Fees to Kafoodle as set out in the Order Form.
9.2 If Kafoodle has not received payment within 7 days after the due date, and without prejudice to any other rights and remedies of Kafoodle, Kafoodle may, without liability to User, disable User’s password, account and access to all or part of the Services and Kafoodle shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid.
9.3 All amounts and fees stated or referred to in this Agreement unless explicitly stated otherwise, are exclusive of value added tax.
10. PROPRIETARY RIGHTS
10.1 You acknowledge and agree that Kafoodle and/or its licensors own all Intellectual Property Rights in the Services and the Documentation. This Agreement does not grant You any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
11.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party’s Confidential Information shall not be deemed to include information that:
a) is or becomes publicly known other than through any act or omission of the receiving party;
b) was in the other party’s lawful possession before the disclosure;
c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
d) is independently developed by the receiving party, which independent development can be shown by written evidence; or
e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
11.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third-party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
11.3 Kafoodle shall not be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
11.4 User acknowledges that details of the Services, and the results of any performance tests of the Services, constitute Confidential Information of Kafoodle.
11.5 This clause 11 shall survive termination of this Agreement, however arising.
11.6 Kafoodle may use the nutrition and content information provided for individual ingredients and share ingredient contents on our database without reference to you. These ingredients will constitute public use information and may be shared by Kafoodle with other customers and users.
12. THIRD-PARTY CLAIMS
12.1 Except where arising in relation to a breach of this Agreement by Kafoodle, You shall defend, indemnify and hold harmless Kafoodle against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any claims in connection with Your use of the Services.
12.2 Subject to clause 12.3, Kafoodle shall indemnify you from and against any claim or action that the supply of the Services infringes the Intellectual Property Rights of any third party (a “IPR Claim”).
12.3 Kafoodle takes no responsibility and is not liable in any manner for Your use of the Services and in particular in no event shall Kafoodle, its employees, agents and sub-contractors be liable to User to the extent that the alleged infringement is based on:
12.4 a modification of the Services by anyone other than Kafoodle; or
12.5 the Your use of the Services in a manner contrary to the instructions given to You by Kafoodle; or
12.6 Your use of the Services after notice of the alleged or actual infringement from Kafoodle or any appropriate authority.
13. LIMITATION OF LIABILITY
13.1 This clause 13 sets out the entire financial liability You under or in connection with this Agreement
13.2 Other than for Kafoodle’s breach of this Agreement User assumes sole responsibility for result, menu information, and other information stored, created, obtained or used through the use of Kafoodle Services and the Documentation by User, and for conclusions drawn from such use. Kafoodle shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Kafoodle by User in connection with the Services, or any actions taken by Kafoodle at User’s direction;
13.3 Kafoodle shall have no liability for any damages caused by errors, omissions or inaccuracies caused by ingredients contained in the Kafoodle database whether provided by you, other users or customers, or Kafoodle. Kafoodle cannot ensure the accuracy of any nutrition or allergen information in ingredients within its database which is derived from publicly available sources;
13.4 Kafoodle shall have no liability for any damages caused by provision of allergen, dietary or health information provided to customers;
13.5 Other than as expressly stated in this Agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and
13.6 the Services and Documentation are provided to User on an “as is” basis.
13.7 Nothing in this Agreement excludes the liability of Kafoodle:
a) for death or personal injury caused by its negligence; or
b) for fraud or fraudulent misrepresentation.
13.8 Subject to clauses 13.2 and 13.3:
a) Kafoodle shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
b) Kafoodle’s total aggregate liability under this Agreement including tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total Fees You have paid to Kafoodle during the 12 months immediately preceding the date on which the claim arose.
14. TERM AND TERMINATION
14.1 This Agreement shall, unless otherwise terminated as provided in this clause 14, commence on the Effective Date and shall continue for the Initial Term and annually thereafter subject to:
a) Kafoodle providing User with a renewal notice on each anniversary after the Initial Term which notice may include revised terms and which User accepts; and
b) the Agreement being otherwise terminated in accordance with the provisions of this Agreement.
14.2 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
a) the other party fails to pay any undisputed amount on the due date for payment and remains in default after 7 days after being notified in writing to make such payment;
b) the other party commits a material breach of any other term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
c) the other party suffers an insolvency or a similar analogous event.
14.3 On termination of this Agreement for any reason the rights to use the Services shall immediately cease.
14.4 Kafoodle may destroy or otherwise dispose of any of User Data in its possession unless Kafoodle receives, within 10 days of the termination of this Agreement, a written request for the delivery to User of the then most recent back-up of User Data. Kafoodle shall use reasonable endeavours to deliver the back-up to You within 30 days of its receipt of such a written request, provided that You have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by Kafoodle in returning User Data.
14.5 Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
15.1 Force Majeure: Kafoodle shall have no liability to User under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Kafoodle or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Kafoodle or sub- contractors.
15.2 Conflict: If there is an inconsistency between any of the provisions in the main body of this Agreement and the Order Form, the Order Form shall prevail to the extent of such conflict.
15.3 Variation: No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
15.4 Waiver: No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
15.5 Severability: If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
15.6 Entire Agreement: This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
15.7 Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
15.8 Assignment: User shall not, without the prior written consent of Kafoodle, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
15.9 No Partnership: Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
15.10 Rights of third parties: This Agreement does not confer any rights on any person or party pursuant to the Contracts (Rights of Third Parties) Act 1999.
15.11 Notices: Any notice required to be given under this Agreement shall be in writing and may (1) be sent by email to an email address as notified to the other party or (2) where there is no acknowledgement of the email within 2 business days of sending, then by pre-paid first-class post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes.
15.12 A notice delivered by email shall be deemed to have been received when the other party confirms receipt of the email or when delivered by mail the next business day (or if delivery is not in business hours, at 9 am on the first business day following delivery).
15.13 Governing Law: This Agreement and any dispute arising out of it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably submits to the exclusive jurisdiction of the English Courts.
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