General conditions of sale

1.    Preamble

1.1.    Definitions
The following defined terms, they are worn in the singular or the plural, will in the present General Conditions of sale, the following meanings:
Beneficiary: the person recipient of the Services.
Client: any person physical or legal person having acquired telephone credit refills available for sale via the https://www.izikall.com/ platform. The customer may or may not be the beneficiary of the Service, depending on whether he will make a personal use or he will offer it to a third party beneficiary.
Username: is an identifier that refers to the Client.
Password: pin used by the Client to authenticate and access the customer's user account.
User account: personal account of the Client from which it performs telephone credit orders, pays its purchases, consult information related to the treatment of its operations.
Telephone credit: communications time reloading code enabled by the operator to the beneficiary.
Data: the information provided in the account of the customer, under his full and total responsibility and appearing on servers administered by KRYPTSYS.
Partner: means the partner of KRYPTSYS operator or through mobile phone which is part of the process of acquisition and shipping of refills of telephone credits addressed to the beneficiary.
Service (s): all of the services provided by the company KRYPTSYS to customers and in particular the sale of recharge of phone credit destined for mobile phones or through the telephone service of KRYPTSYS.
Site: the website located at the URL https://www.izikall.com/
User: person or entity, including Clients, but also anyone who comes to visit.

2.    GENERAL PRINCIPLES AND PREREQUISITES INFORMATION

2.1.    Acceptance
By registering on the site or by using the izikall service, the Client accepts the present general terms of sale that are enforceable under the use and delivery of Services offered for sale by KRYPTSYS.
Therefore the customer shall accept the application of the entire rules stipulated herein, as well as those that would be present in any document available on the Site, https://www.izikall.com/, integrated to the present general conditions by reference and which govern its relationship with third parties, telephone operators and KRYPTSYS and, for the duration of the subscription to services marketed by KRYPTSYS.
These general terms are binding for the duration of use of the Services and until the new general sales conditions replace the present.
The customer acknowledges having consulted the legal notice on the platform https://www.izikall.com prior to registering on the Site.
2.2.    Developments
KRYPTSYS reserves the right to change the General Conditions of sale herein, according to the technical evolution of the https://www.izikall.com platform or its offerings of Services, or due to changes in legislation, in its sole discretion. As key issues affecting delivery services were to be changed, will be asked to the customer, on the occasion of his connection to his account, read and approve such new terms.
Generally, the use of the Site and the provision of services to the customer are still subject to the latest version of general terms of sale online on the Site and accessible to the customer at the time of such use. It is up to the Client to consult as often as necessary the General Conditions of sale available both on the public part of the site in the area reserved for each customer.
When using the Site and the provision of Services, the customer may be subject to any conditions specific, posted on the Site and applicable to the delivery of the products or Services that may contain terms and conditions which Add or replace these Conditions of sale.
2.3.    Violation
Any violation of these Conditions of sale allows KRYPTSYS to refuse to allow for the future to the author of the violation considered customer benefit services delivered from the Site or any site affiliated under the responsibility of KRYPTSYS or close all has access to one of its sites, without prejudice to compensation which may be claimed to the author of said violation by KRYPTSYS.
2.4.    Agreement on evidence
The customer acknowledges that the records and backups made on the Site will have full probative value between the customer and KRYPTSYS. Thus, timestamped electronic records will be faith between the parties to any dispute.
Customer therefore acknowledges in its contractual relations with KRYPTSYS, the validity and the probative force of the e-mails. Similarly, counts orders, amounts paid, coupons, good for purchases and other maps of loyalty by the customer, as well as their reproductions on microfiche, optical or magnetic disks, kept by KRYPTSYS, are opposable to the customer in as evidence.
2.5.    Personal data
In accordance with the law of January 6, 1978, the collection of personal data and computer treatment they may be investigated by the Site previously reported to the National Commission of computing and Freedoms under the number: 1761208. Anyone can access it by writing to the CNIL, 21 rue Saint Guillaume, 75340 Paris cedex 07 or by e-mail to decweb@@cnil.fr.
The operation of the Site requires the collection of personal data from users (visitors, customers). This collection is main goal the right view of the Site on the screen of the user and the establishment of General statistics. The collection of some personal data may be made by the use of "cookies" files by the server hosting the Site on the visitor's hard drive to facilitate its navigation on the Site or to establish general static data of visitors to the Site.
Although they do not allow direct identification of the user they are classed by the CNIL as personal data. Collected information are disclosed or sold to any third party except for the legal assumptions organizing compulsory communication to the judicial authorities. Thus, no data is kept by KRYPTSYS with the exception of those necessary for billing and payment.
Especially KRYPTSYS is no transfer of the personal data eventually collected on his Site, to countries not members of the European Union which do not present a level of protection equivalent to that in force in the Union. In the unlikely event where such a transfer would be needed and proposed, KRYPTSYS commits to sign an agreement prior to the entity of data reception, under which the latter would engage to provide data one protection in accordance with the directive 95/46/EC of 24 October 1995, transposed in french law by the law of 15 July 2004 and communicate this convention to the CNIL.
In accordance with article 39 of the law n ° 78-17 of January 6, 1978, relating to computing, files and freedom, amended by law No. 2004-801 of 6 August 2004 (art. 5), any visitor or customer has a right of access, modification, rectification and deletion of the data concerning him. These rights can be exercised, if necessary, with KRYPTSYS by post to KRYPTSYS, 15 Street for tamarisks 91160 Longjumeau. by phone to + 33 9 53 62 80 10 or via e-mail by writing to customer.care@@izikall.com.

3.    APPLICATION OF THE GENERAL CONDITIONS OF SALE

3.1.    Object - General Description of Services
These General Conditions of sale are intended to determine the modalities according to which:
KRYPTSYS makes available to its customers, including the interface offered by the Site, international service of reloading phone "IZIKALL" for the purpose of enabling the transmission of a telephone operator credit of mobile phone mentioned in the Special Conditions, for reloading of mobile numbers issued by this operator, these instructions being transmitted through channels at a distance determined: internet, SMS, USSD, WAP;
KRYPTSYS puts at the disposal of its customers, as part of the service "KRYPTOOW", a credit service to call internationally at rates affordable, available at the following address https://www.kryptoow.com. The customer can recharge his account to have phone credit that he can spend in communications at reduced rates, by dialing a telephone number of connection provided by KRYPTSYS, then the number of sound correspondent.
The use of the Service implies for the customer to have an Internet connection and adequate hardware whose costs are independent of the Service offered by KRYPTSYS.
Through the use of the Service, KRYPTSYS will be asked to send to the customer a number of information (newsletters, emails, etc.). This information as an integral part of joining the Service, they will not be refused except in the case of later opt-out of the customer.
The customer agrees not to attempt to access the Service by means other than the interfaces provided by KRYPTSYS.
The Service is based on a set of hosted applications online, KRYPTSYS can occasionally send important announcements concerning its operation to all the customers of the Service (that they have served their refusal).
3.2.    Quality of KRYPTSYS in respect of the provision of Services
3.2.1.    IZIKALL
Under the "IZIKALL" Service, the company KRYPTSYS delivers only the Services of networking from its platform https://www.izikall.com/, between Clients and its partner operators is the intermediary agent .
Therefore, as part of the subscription to the IZIKALL Service, the Client, as the client, says for the duration of the subscription to services, KRYPTSYS, that accepts the quality of agent, the mission, through its website, to conclude for the account and on behalf of the Client, the various operations related to the issuance of the IZIKALL Service and especially send a phone credit on the mobile number of the recipient, the customer will be entered for this purpose.
3.2.2.    KRYPTOOW
As part of the Service "KRYPTOOW", the company KRYPTSYS, delivers as a telephone operator, services of telephony destinations presented to customers on its site.
3.3.    Territories
This Site is open to all countries of the world.
In the event that this Site, the services it offers or the way in which they are proposed would, in all or part, illegal under national law of residence of the customer, it is up to the latter to renounce access from this territory or y access from other territories where they are deemed legal. The customer who chooses to access the platform https://www.izikall.com from a territory where it is deemed illegal part or all the fact on its own initiative, at its own risk and is responsible of the consequences of the application of rules of public order in his country of residence, without blame for it at KRYPTSYS.

4.    REGISTRATION AND OPERATION SERVICES

4.1.    Registration - Subscription Services
Customers are only subscribers of Services under the terms of this agreement.
Registration to the platform IZIKALL, in order to subscribe to one of the services provided by KRYPTSYS, is online on the site https://www.izikall.com at the end of the process of identification of the customer, the good faith of the information intelligence personal in the customer account registration forms.
The customer undertakes at in good faith all the required entry fields in registration forms including its:
Name, first name (s), e-mail address, password, phone number, country of residence, copy both sides of a piece of valid identification.
Each validation control phone credit, KRYPTSYS addressed to the customer an e-mail of confirmation of the order in question summarizing all the elements referring. This e-mail in electronic or printed version attests to the procurement of the order and his payment.
KRYPTSYS reserves the right to refuse an application for registration to the platform from a natural or legal person not agreeing to comply with the General Conditions of sale or not providing full information or good faith forms registration or not providing all of the pieces that would eventually requested.
On the occasion of its registration, the customer certifies:
For physical persons, being major (e) and dispose freely of his consent
For the representatives of legal entities, be legally empowered to engage the legal person and not subject to a procedure of reorganization or liquidation.
4.2.    Customer account
4.2.1.    Provision
Guests have access to a personal account by the activation of the connection settings (user name and password chosen by them at the time of check-in services), which are activated from the validation by KRYPTSYS of their registration on the Site. The of identification allowing access to their account data reminder to customers by e-mail. It is up to the customers to check the validity of the e-mail address provided in the registration form insofar as this email is a piece of identification of the customer account. In case of wrong email address, customer may not access his account without the responsibility of KRYPTSYS.
It is up to each customer to regularly change the PIN that he himself chose when registering for services and to ensure that its code is composed of letters and numbers of sufficient length.
4.2.2.    Responsibility of the connection settings
Every customer has the obligation to maintain the confidentiality of its parameters of connection (login and password).
He is responsible for all of their uses, that it them whether or not actually or expressly authorized. It is forbidden for the customer to assign, lend, or transfer its settings to connect to any third party or allow any third party to access his account.
The customer also agrees to notify KRYPTSYS immediately in the case of abusive use of its account or login settings, or in the case of any other breach of security and ensure good leaving his account at the end of each session use the link "Logout" provided for this purpose.
4.2.3.    Content of user account
KRYPTSYS shall have no right of ownership of the data or information that the customer submits to the Service on the occasion of the use of celui‐ci ("customer data"). The customer is solely responsible for the accuracy, quality, legality and reliability of all customer data. KRYPTSYS cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any customer data resulting not his fault directly, and would not result in enforcement of a decision of justice or violation of this agreement by the customer. Upon termination of this agreement, KRYPTSYS is committed to clear data from the customer within a period of 15 days following termination.
4.3.    The elements of the Site license
KRYPTSYS concedes to the customer, who accepts it, a license non exclusive, assignable and non-transferable use the Services granted by KRYPTSYS within the strict limits of the object of the present General Conditions of sale, namely the provision of Services .
As such, customers are expressly forbidden:
Sell, assign, post, present, disclose or make available to third one any services made available to them by KRYPTSYS as part of the present;
Practice or try to do reverse engineering, to decompile or disassemble parts of the Site;
To remove references of identification and property of KRYPTSYS;
Published, unless prior written KRYPTSYS, any test or analysis of performance or relating to KRYPTSYS or its Site evaluation;
Access codes the software sources making up the Site KRYPTSYS;
To use or copy the solution IZIKALL in any manner not expressly authorized by this agreement.
4.4.    Operation Services
4.4.1.    KRYPTOOW Service
The "KRYPTOOW" service allows customers to call low cost from a landline or mobile registered by the Client in its space. Billing of communication through the Service "KRYPTOOW" is at the minute, without connection fee.
The customer using the Service KRYPTOOW can be given the price of a local call to access one of the numbers made available by KRYPTOOW, depending on the conditions practised by its operator of collection, then it is charged the preferential rate communications to the destination of the correspondent of his choice, such as negotiated by KRYPTSYS and posted on the Site.
Furthermore, the customer may, at any time, consult the counting of past communications by calling the number of collection and then by dialing the key combinations listed, and thus follow the communication of his credit.
The customer may use the Service KRYPTOOW be:
By calling one of the phone numbers stored on his personal account, KRYPTOOW access number that it is made available, then, by dialing the telephone number by following the voice instructions. It is imperative, for the purposes of the use of the Service, that the customer does not mask his calls. Recognition of the number of the caller is indispensable to the good delivery of the service;
Using the app Easydialer set up for this purpose on a connection to an internet network, supplied by KRYPTSYS, such as described on http://kryptoow.com/softphone/.
4.4.2.    IZIKALL Service
The "IZIKALL" Service allows to send airtime to a recipient located in one of the countries served by KRYPTSYS and with a mobile phone.
The customer using the Service "IZIKALL" must follow the process described and detailed in the specific conditions of Service can be consulted at the following address https://www.izikall.com
Thus, the customer must first indicate the country of residence of the beneficiary of the phone, enter the mobile number of the recipient without the code.
Then, the customer is prompted to choose the value of credit charge then proceeds to payment, by using the means of payment available.
Upon confirmation of the order of charging process, the beneficiary will receive a message that its mobile comes to be credited with the amount that the customer has chosen.
4.5.    Tariff terms
4.5.1.    Rates
In effect, for different Services, as the case may be, or by KRYPTSYS in quality from operator or through KRYPTSYS, rates are in euros. They are available for consultation on the website, provided that the applicable rates are those in effect on the day of placing the order.
KRYPTSYS reserves the right to pass, without delay, any new rate increase of an operator partner of KRYPTSYS whether intermediate and/or the operator of one of the recipient countries, as well as any tax or any increase in rates of existing taxes.
The services provided by KRYPTSYS are payable directly to the end of the order process of phone credit, whether as part of the subscription to the service "IZIKALL" or "KRYPTOOW".
Any disagreement concerning the billing and/or delivery of services must be expressed, either by phone by contacting customer service at 33 9 53 62 80 10 or by e-mail to the address customer.care@izikall.com within a period of a month After confirmation of payment of the invoice in question.
4.5.2.    Payments
4.5.2.1.    Payments by charging or acquisition of phone credit
According to the choice of the customer, the payment of the order phone credit or recharging can be done by credit card as follows:
by credit card with an input method secured by SSL encryption (credit card, Visa card, Eurocard/Mastercard...), directly in the box provided for this purpose, indicating the card number, its expiration date, and security code of security located at the back of the card. The full amount of the order will be charged on the day of the order. KRYPTSYS reserves the right to suspend any order processing in the event of refusal of authorization of payment from the customer's Bank.
by PayPal: it is enough in this case to the Client to connect to his Paypal account, via the links provided for this purpose in the process of payment of the order, or to create a Paypal account by following the steps that are indicated on the Site.
4.5.2.2.    Pre-authorized payments,
The customer who wishes to subscribe to the debit option is invited to determine the amount of his monthly charge will be debited to his bank account and print, date, sign, then to communicate to its bank approval of the levy which it will be transmitted by KRYPTSYS on the occasion of the subscription to the service of automatic payment.
4.6.    Right of withdrawal
The customer acknowledges and accepts that no right of withdrawal under the terms of article L.121 - 20 of the consumer Code can only be exercised as part of the subscription services provided by/and/or through KRYPTSYS.
Indeed, the customer acknowledges that, in accordance with Article L121-20-2 of the Code of consumption, the service contract begins the validation of any order and/or subscription. The right of withdrawal under article L.121 - 20 of the same code is inapplicable to the consumption of the services offered by the Site https://www.izikall.com, where the execution of the provision of the services provided on it starts the customer record on the said platform, from the command of any service, necessarily before the end of the period of withdrawal of seven days referred to in article L.121 - 20 of the consumer Code.
In fact, the Article L121-20-2 of the consumer code stipulates "the right of withdrawal cannot be exercised unless the parties have agreed otherwise, for contracts: 1º of provision of services if performance has begun, with the agreement of the" consumer before the end of the period of seven days".

5.    OBLIGATIONS OF USERS AND CLIENTS IN INTELLECTUAL PROPERTY

Any user is strictly held to compliance with the rules set out below, that the violation will result in the automatic termination of its subscription services. KRYPTSYS reserves the right to sue any user who would be the author of that society considers particularly serious offence.
5.1.    Respect of copyright - Copyright ©
This Site respect the copyright and related rights such as the rights of producers of databases, as well as copyrights on the software the site following 'copyright '. All copyrights of the protected works reproduced and communicated on this Site, are reserved for the whole world. Unless authorized, any use of the works other than reproduction, and individual and private consultation are forbidden.
5.1.1.    Reproduction on paper
The reproduction of the pages of this Site on paper is allowed for strictly private use and non-commercial.
5.1.2.    Reproduction in electronic form
The reproduction of all or part of this Site on an electronic medium is prohibited.
Linking to https://www.izikall.com
The KRYPTSYS Site allows establishing a hyperlink pointing to its content, provided that the pages of the Site appear by opening a window and that the author of the hypertext link mentions the source that directly on the targeted content.
The information used must be for personal, associative or professional; any use for commercial or advertising purposes is excluded unless express consent of KRYPTSYS. Are excluded from this authorization internet Sites providing information to polemical, pornographic nature, inciting to racial hatred or any form of discrimination or that can, to a greater extent adversely affect the sensitivity of the most large number.
Links inserted on https://www.izikall.com pointing to other sites
This Site may contain links to third-party Web sites that are not controlled by KRYPTSYS. KRYPTSYS is in no way responsible for the content of other Web sites to which the user may access from the Site. When the user accesses another website that KRYPTSYS, it does so at its own risk and KRYPTSYS shall not be liable for the accuracy or reliability of the information, data, opinions, advice or statements presented on this another site, nor the quality of the products or services offered there. KRYPTSYS provides these links only as a convenience, and the existence of these links imply in any way that KRYPTSYS door or accepts responsibility for the content or uses of such Web sites.
5.2.    Limitations of rights
KRYPTSYS is the owner or dealer of intellectual property rights both of the general structure of the Site and its content.
As such, KRYPTSYS holds particular brand "IZIKALL" and "KRYPTOOW,"
The user acknowledges and agrees that access to the Web Site and the Services made available by KRYPTSYS cannot take one any assignment or grant of rights of intellectual property (trademark rights or copyrights including ) and other rights for the benefit of the user.
Access to Services is limited to the use of the user in the conditions and limits set out in these terms and conditions.
Thus, in addition to this resale which is stipulated in paragraph 4.1., the user acknowledges and agrees that the use to which it is granted by KRYPTSYS, in respect of access to its Services and their content, including excludes access to Services for a reproduction, Exchange, rental, modification, adaptation, correction, and both that expensive charge, of any part of the website, Services, and their content protected by the trademark law, or any other intellectual property right whether.

6.    RESPONSIBILITY OF THE CUSTOMER

The customer agrees to have the power, authority and capacity to the conclusion and execution of the obligations herein.
The customer is committed to compliance with the present general terms of sale
The customer acknowledges furthermore be responsible for all the activities or practices it realizes from its account or through the services rendered by KRYPTSYS and agrees to comply with all the laws, regulations and treaties, State, local, and foreign nationals apply including those concerning the protection of personal data, international communications and the transmission of technical or personal, files, liberties and property data intellectual property, as well as the rights of third parties.

7.    GUARANTEES AND EXCLUSIONS OF GUARANTEES OF KRYPTSYS

7.1.    Main:
KRYPTSYS cannot be held responsible, both civilly than criminally, in case of false declaration of the customer.
KRYPTSYS in no way guarantees that (i) the https://www.izikall.com/ platform will meet all the requirements of the customer, (ii) that the https://www.izikall.com/ platform will be available without interruption, or error.
To the extent permitted by the applicable regulations, KRYPTSYS cannot be held responsible for direct damage, which would be the result of a fault, in the delivery of Services, directly attributable to KRYPTSYS.
However, KRYPTSYS will be responsible for any indirect and/or incidental damage (including the loss of income, interruption of activity, prescription of a delay, loss of chance or of any other nature) resulting from the use or inability to use the platform of https://www.izikall.com/ by the customer.
In the event that the https://www.izikall.com/ Site would be recognized in all or part as illegal according to local law, it is up to the customer to access and deliver its services from other territories where it is deemed to be legal and where its status staff allows it. The customer who choose to access the https://www.izikall.com/ in order to deliver its services from other places would do it on his own initiative, in all informed, at its own risk and it would be up to the application local public rules.
In particular, in the context of the issuance of the Services IZIKALL, KRYPTSYS ensures that the role of intermediary between the operators partners and customers. This KRYPTSYS is certainly not likely to guarantee, in place of the operator partner, the perfect performance and quality of services.
7.2.     In the alternative:
Some countries and jurisdictions do not allow the exclusion of implied warranty or limitation of the duration of implied warranties, limitations that before could not apply in whole or in part in cases when such limitations are prohibited by rules of public order. In these cases only, the total liability of KRYPTSYS will be limited to the amount that the customer has actually paid in respect of orders at the origin of the damage invoked and judicially recognized as established, in respect of the application of these rules of public order.

8.    TERMINATION

8.1.    Termination without fault
Each party is free to proceed with the termination of the Services subject to the payment by the customer of the Services performed by KRYPTSYS.
8.2.    Wrongful termination.
In the event of breach of the General Conditions of sale, KRYPTSYS reserves the right to terminate the Service and close the customer's account, at any time, unilaterally, without notice and without compensation.

9.    INFORMATION - CLAIM - COMPENSATION

Any request for information and precision about the ordering or relative to reimbursement of the sums paid in respect of the Services, should be addressed to KRYPTSYS through the IZIKALL website by referring to the "CONTACT" section, by phone by dialing 33 9 53 62 80 10 or by postal mail at the following address:
KRYPTSYS - 15 Street of tamarisk - 91160 - LONGJUMEAU - FRANCE
In all correspondence, electronic or postal, addressed to KRYPTSYS, the customer undertakes to mention his name and surname, name, his e-mail address, his telephone credit or charging order and its identifier in order to allow its identification and its applications. Any incomplete application will not be processed by KRYPTSYS.

10.    FORCE MAJEURE

10.1.    Principle and definition
Neither of the Parties will be held responsible towards other non-performance or delay in the performance of an obligation of this agreement which would be due to the fact of the other party as a result of the occurrence of a force majeure event to the meaning of article 1148 of the civil Code.
Expressly, are particularly considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the french courts, the blocking of telecommunications, including telecommunications networks, the total or partial strike, lockout, riot, civil disturbance, insurrection, civil war or foreign, likely nuclear, embargo, confiscation, capture or destruction by any public authority, weather, epidemic, blockage of means of transport or of supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, restrictions, governmental or legal, legal or regulatory forms of marketing changes, failure computer, any consequence of a technological evolution, not predictable by KRYPTSYS, questioning the standards and standards of his profession and any unforeseeable, irresistible and independent of the will of the Parties preventing execution normal reciprocal obligations.
10.2.    Implementation
In the case of the occurrence of such an event of force majeure, the obligations of this agreement are suspended. If the force majeure continues for longer than a month, these terms may be terminated with a relative effect, by either of the Parties upon receipt by the other of a registered letter.

11.    GENERAL PROVISIONS

11.1.    Tolerance
Given the fact that KRYPTSYS must not prevail at any time any of these terms or tolerate a breach by the other party to any any of the obligations contained in the present general conditions shall not be interpreted as a waiver by KRYPTSYS later one any of the said conditions.
11.2.    Divisibility
Not the nullity of the other provisions will result in the nullity of one of the clauses of the present general terms of sale, under such a law, a regulation or a decision of a competent court in force of res judicata which will keep their full effect and scope.
11.3.    Labels
The titles of the articles of the General Conditions of sale are only intended to facilitate reference and did not by themselves, a contractual value or significance.

12.    APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

12.1.    Applicable law
The present General Conditions of sale are exclusively subject to the french law excluding any other legislation, even in the presence of customers or nationals of foreign countries.
12.2.    Language
The french is the official language of the present General Conditions of sale. The use of any other language has only an indicative value. In case of difficulty of interpretation, the Parties will report only to the french text.
12.3.    Competent court
Any dispute relating to the validity, interpretation, execution, non-performance of these General Conditions of sale governing the relationship between the Parties will be submitted to the materially competent court located in the jurisdiction the siege of KRYPTSYS.
This clause applies, unless provided by contrary public order and, without that it cannot undermine the rights of KRYPTSYS to any person having infringed his rights to a court that would prosecute jurisdiction in the absence of the above clause.

 

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