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Falcon Ridge Website Terms of Use

Falcon Ridge Estate Limited 4458779 (Falcon Ridge) is committed to doing business with you in a fair, honest and transparent way. As a company incorporated and operating in New Zealand, we are governed by the Fair Trading Act 1986 (New Zealand), Consumer Guarantees Act 1993 (New Zealand) and the Weights and Measures Act 1987 (New Zealand), as amended or replaced from time to time. Further information can be obtained from the Ministry of Business, Innovation & Employment at consumeraffairs.govt.nz or the Commerce Commission New Zealand at comcom.govt.nz.

These Terms of Use (together with our Privacy Policy (Link)) set out the terms and conditions on which we will do business with you and supply to you, whether that be goods, services or digital content. Please read the following carefully before you visit falconridgeestate.co.nz (our Website), create a user account, submit an order to us, or do business with us by any other means. By doing any of these acts, you are accepting and consenting to these Terms of Use as forming a contract between you and us. If you do not agree to be bound by our Terns of Use and Privacy Policy, you must immediately stop using the Website and do not engage in business with us.

By visiting falconridgeestate.co.nz (our Website), or doing business with us by any other means, you are accepting and consenting to the practices described in these Terms of Use.

Important Notice

Legal Age to Purchase Alcohol

To use our Website, or do business with us, you must be of an age where it is legal for you to purchase and consume alcohol in your country of residence and in the country from which you are accessing the Website. For New Zealand residents, this means you must be at least 18 years of age. You must not fraudulently misstate your age to us to gain access to our Website, products or services.

If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should leave the Website immediately.

If you do accept these Terms of Use please leave the Website now.

This Website is made available by Falcon Ridge Estate Limited and its subsidiaries, affiliates, parent companies and any of their related businesses and are referred to in these Terms of Use as “Falcon Ridge”, “our”, "we" and "us".

SECTION A: TERMS of WEBSITE USE

Use of our Website includes accessing, browsing, or registering as a user. By using our Website, you confirm that you accept the terms in this section and you agree to comply with them. If you do not agree, you must not use our Website.

The content on our Website is generic general information only, and does not take into account the specific objectives, needs or circumstances of any particular person, so is not intended to amount to advice on which you should rely. We may update our Website from time to time and may change the content at any time. We may also suspend, withdraw or discontinue all or any part of our Website at any time. Please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We make no representations, warrantees or guarantees (whether express or implied) that our Website, or any content on it, will be accurate, complete, up-to-date, fit for purpose, or free from errors or omissions, nor do we guarantee that it will always be available or uninterrupted. We are not under any obligation to provide notice of any of these things, and we will not be liable to you for any reason connected to these issues. We do not indemnify or compensate users of our Website.

Falcon Ridge allows free access to the Website and declines all responsibility and may not be held liable in any case:

  • for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Website; or
  • for any damage resulting from any unauthorised use or fraudulent intrusion by a third party.

Falcon Ridge will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with the use of the Website, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these Terms of Use restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights available to you under any applicable law.

Use of Falcon Ridge Website

In using this Website you are deemed to have read and agreed to the Terms of Use as defined herein and as updated from time to time.

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this Website. Redistribution or republication of any part of this Website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Falcon Ridge. Falcon Ridge does not warrant that the service from this Website will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Falcon Ridge, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection or user account are aware of these Terms of Use and comply with them.

Access to Falcon Ridge Website

You must not attempt to modify the Website (or any associated content, software or any element of it) or to obtain unauthorised access to the Website.

Information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via the Website. Information and emails sent to or from the Website may undergo email filtering and virus scanning, including by third party contractors. Falcon Ridge does not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Information We Collect

Falcon Ridge or its related entities may collect the following information when you access our Website for marketing purposes to identify the most useful and popular sections of this Website and to generally improve this Website:

  • your server address;
  • your domain name;
  • the date and time of your visit to our site;
  • the pages viewed and information downloaded;
  • the previous site visited; and
  • the type of browser used.

User Responsible Behaviour

Each user warrants:

  • to be of minimum age legally required to consume and or purchase alcohol in accordance with the laws and regulations of user’s country of residence;
  • to use the Website for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of Falcon Ridge; and
  • that any information it provides to Falcon Ridge via the Website will be true, up-to-date and accurate;

When using the Website, users must behave responsibly, lawfully, with courtesy and respect towards other users, Falcon Ridge, its subsidiaries, affiliates and third parties.

It is the user’s responsibility to acquire and maintain appropriate and up to date virus scanning software and to carry out a virus check on any file, download or attachment for viruses prior to downloading. We do not warrant that any file, download, link, feed or attachment on this Website is free from viruses or other errors or defects and by using this Website you are taken to accept these risks.

A user must not under any circumstances:

  • upload, display, send by email or by any other means any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit any functionality of the Website or any software, hardware or telecommunications services;
  • disrupt or interrupt the Website, its servers or networks connected to the Website;
  • prevent (or attempt to prevent) the Website from functioning, including by exposing the Website to viruses, creating an overload of communication to the Website or its servers, sending “spam” or overloading the Website messaging system;
  • download or access privileged or confidential information or access a server or account to which the user is not expressly granted access;
  • try to assess or test the vulnerability of the Website, or attempt to breach the Website security or authentication measures of the Website, without the prior written consent of Falcon Ridge;
  • conduct any illegal activity in connection with or via the Website or engage in any other activity likely to adversely affect Falcon Ridge, its subsidiaries, parent, affiliates, providers (including technical providers and contractors), customers and third parties, and must not encourage, facilitate or permit any third parties to do any of those things;
  • upload, display, post, send by email or by any other means any unsolicited or unauthorised commercial electronic messages or promotional content, junk mail or spam on or via the Website or to any other user, Falcon Ridge, its subsidiaries, parent, affiliates, providers (including technical providers and contractors), customers and third parties;
  • upload, display, send by email or by any other means any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, or indecent materials, or materials which infringe the rights (including intellectual property rights) of any person, on or via the Website or to any other user, Falcon Ridge, its subsidiaries, parent, affiliates, providers (including technical providers and contractors), customers and third parties; and
  • send or forward by email or by any other means any content of the Website to people under the legal alcohol drinking and or purchasing age in their country of residence.

Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data.

Falcon Ridge reserves the right in its absolute discretion for any reason to terminate or withdraw any user’s access to the Website without notice, including if the user is in breach of the user’s obligations under these Terms of Use, and any such termination of the user’s access is without prejudice to any claim Falcon Ridge may have against the user for damages or other relief for any breach of these Terms of Use.

User Generated Content (When Applicable)

Users are solely liable for any content they may post or upload onto the Website and the consequences of disclosing or broadcasting such content. Falcon Ridge does not approve any content, opinion, suggestion or notice generated by users and Falcon Ridge declines any and all responsibility and liability in respect of any such content.

However, Falcon Ridge reserves the right, but not the obligation, to monitor use of the Website and to remove any content which, in its sole discretion, would breach these Terms of Use, may be offensive, illegal or otherwise objectionable in any way.

The user warrants that any content they upload or otherwise make available on the Website (“User Content”) is either their own original work, or they have all necessary rights and consents from the owners of the User Content, to post, upload and make available that User Content to the Website.

The user permits Falcon Ridge to use, copy, modify, reproduce, communicate, adapt, publish and perform in public the User Content (and may licence third parties to do any of those things) in any manner (including in part) for any purpose anywhere in the world, without cost and without further reference to the user (and the user consents to any use or act done by Falcon Ridge and its licensees which would but for this clause infringe the user’s moral rights in the User Content).

Unless specifically requested, we do not wish to receive any confidential or proprietary information from you, either through this Website, via email or by any other means. You acknowledge that any information that we receive from you is not confidential or proprietary and, subject to our Privacy Policy, may be reproduced and or disclosed by us without payment or restriction. You also warrant that you have the right to reproduce this material and that any “moral rights” in any material supplied to us by you have been irrevocably waived by the relevant author.

Definitions

The following definitions apply to these Terms of Use:

"Customer", “You” and “Your” means you, the person accessing this Website and accepting Falcon Ridge’s Terms of Use

"Falcon Ridge", “Our”, “We” and "Us" means Falcon Ridge Estate Limited 44589779 and its related entities

“Party”, “Parties” or “Us” means both the Customer and Falcon Ridge

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of Falcon Ridge’s stated goods and services, in accordance with and subject to, New Zealand laws.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Disclaimer Exclusions and Limitations

The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, Falcon Ridge:

Excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third Party, including in relation to any inaccuracies or omissions in this Website and or Falcon Ridge’s literature; and

Excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Falcon Ridge of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Falcon Ridge Estate Limited does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Cookies

Cookies are data files that many websites store on your computer when and after you access them. Cookies allow website operators to distinguish you from other users of their website, optimise your experience on their site (including access and navigation), and improve the website and quality of services being offered. This is done by recording and compiling user data and tracking usage patterns, which may include personal information. We utilise cookies for users of our Website because we believe it enhances our customer service and your overall experience.

You can disable cookies in your web browser, however this may affect your browsing experience on our Website and other websites (which may not function properly or optimally, or navigation may become difficult) and may result in certain settings or information being lost.

Links

Our Website may include links to other websites or other internet sources. As Falcon Ridge cannot control these websites and external sources, we cannot be held responsible for the provision or display of these websites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these websites or external sources. Furthermore, Falcon Ridge is not liable to the user or any other person for any demonstrated or alleged damage, harm or loss resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these third party websites or external sources.

We do not endorse, approve or recommend the contents, services, products owners or operators of any website to which this Website may be linked or feeds to. Links and feeds are provided solely for your convenience and you use them and the linked websites entirely at your own risk.

User Accounts and Passwords

Where you have a username and or password for access to certain parts of our Website, you are responsible for not sharing these and keeping them confidential. You must not disclose these details to any third party. We have the right to disable any username or password at any time if, in our reasonable opinion, you have failed to comply with any of these Terms of Use. If you know or suspect that anyone other than you knows your username and or password, you must promptly notify us at info@falconridgeestate.co.nz

Intellectual Property

This Website and each of its elements (including all text, images, web pages, sounds, videos, designs, trademarks, logos and other material on or accessible via the Website) as well as any software required to be used in relation to the former, data bases and newsletters (the “Content”), may contain confidential information and information that is protected by intellectual property rights. Unless otherwise expressly stated on the Website, Falcon Ridge exclusively owns all intellectual property rights related to the Content and we do not grant any user any license or other right other than a right to view the Content via the Website.

The user may access and view the Content (in whole or in part) of the Website for personal and private use only. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.

Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any Content or other elements of the Website or any material (including software) related to the Website without our prior written consent.

Copyright

The contents of this Website are subject to copyright under New Zealand and overseas law. Unless other attribution is given, all such copyright and any other intellectual property is owned by us. We authorise you to view and store, without modification, digital or print copies of our copyright material contained within this Website, subject to the following conditions:

  • The documents and images may be used solely for information purposes;
  • The documents and images may be used solely for individual purposes and may not be used for any commercial purpose whatsoever;
  • Any copy or printout of any document or image or portion thereof must include this copyright notice and ALL of the text contained on this Website under the heading "Copyright"; and
  • Any use of our text or images must be accompanied with the following: "image information courtesy of Falcon Ridge Estate Limited".

No other use is permitted without our prior written consent.

If you consider that material has been posted on this Website which contravenes your copyright or other intellectual property rights please contact us at falconridgeestate.co.nz

Trade Marks

All registered and unregistered trade marks which appear on this Website are the property of their respective owners. In allowing you access to this Website, we do not grant to you any right whatsoever to use any such trade mark. You acknowledge that you have no such rights and that none will arise by your accessing or using this Website.

This Website may also contain a number of trademarks (registered and unregistered) owned or used under license by our associates. In addition, we and or our associates own all intellectual property rights in the logos and other creative materials displayed on this Website. Any use or reproduction of any of our trade marks, logos or other creative material appearing on this Website without our written permission is prohibited.

Liability

Nothing in these Terms of Use shall, nor is intended to, exclude, restrict or modify your consumer rights as provided for by law. Some liability cannot be excluded by us under the law. However, in relation to any unauthorised access, disclosure, misuse, modification or loss of your personal information, and any consequences which follow, we exclude all liability to the extent permitted by law, including liability for negligence.

Our Website may, from time to time, contain links to and from other websites. These are operated by third parties and not affiliated with us nor within our control. These websites will have their own terms of use, privacy policies and the like. Where you use such links or access such websites, you do so at your own risk and we do not make any guarantee about, nor accept any responsibility or liability for your use of these links or websites.

Force Majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms of Use of any agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

These Terms of Use form part of the agreement between the Customer and Falcon Ridge. Your accessing of this Website and or undertaking of an order for goods and services or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Use contained herein. Your statutory Consumer Rights are unaffected.

SECTION B: TERMS of BUSINESS FOR SALES

Cash or all major Credit/Debit Cards, Bankers Draft Transfer are all acceptable methods of payment. All goods remain the property of Falcon Ridge until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $2,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Cancellation Policy

Minimum 24 hours notice of cancellation required. Notification of cancellation of an order in person, via telephone, mobile phone ‘text message’ or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 charge to cover any subsequent administrative expenses.

Termination of Orders and Refunds Policy

Both the Customer and Falcon Ridge have the right to terminate any order for any reason, including the ending of order(s) for goods and services in accordance with the Falcon Ridge Cancellation Policy. No refunds shall be offered, where an order for goods and services is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused or cancelled goods and services in accordance with our Cancellation Policy, shall be refunded.

Goods and Services Availability

Unless otherwise stated, the goods and services featured on this Website are only available within New Zealand, or, by agreement, in relation to the despatch of orders for goods and services to Australia, United Kingdom and United States of America. All advertising is intended solely for the New Zealand market.

SECTION C: FALCON RIDGE ESTATE CELLAR DOOR CLUB

Falcon Ridge Cellar Door Club Member Benefits

Falcon Ridge Cellar Door Club membership is free and includes the following benefits:

  • guarantees you delivery of Falcon Ridge Estate fine wines of your choice on first release;
  • you will have first access to limited release wines, past vintages and special offers;
  • a carefully selected case of 12 award winning wines of your choice will be delivered to your door three times per year (“Regular Delivery”);
  • a 20% discount off cellar door prices for the Regular Delivery wines and all additional wines purchased;
  • free, door to door, delivery anywhere within New Zealand; and
  • competitive international freight costs and delivery times for cases of Falcon Ridge Estate wines to Australia, United Kingdom and United States of America.

Important Notice

Falcon Ridge Estate Limited’s (Falcon Ridge) Privacy Policy and Terms of Use for our Website and doing business with us are available on our Website falconridgeestate.co.nz Our Privacy Policy and Terms of Use forms part of, and should be read in conjunction with, these Falcon Ridge Estate Cellar Door Club membership terms and conditions.

Legal Age to Purchase Alcohol

Cellar Door Club membership is for use by you only if you are of legal age to purchase and consume alcohol in your country of residence and in the country from which you are accessing the Website.

To use our Website or do business with us, for New Zealand residents, this means you must be at least 18 years of age. You must not fraudulently misstate your age to us to gain access to our Website, join our Wine Club or access our products or services.

Falcon Ridge Cellar Door Club Membership Terms and Conditions

The following terms and conditions apply to membership of the Falcon Ridge Cellar Door Club:

  • you must be over 18 years old and ensure no underage person will take delivery of your wines;
  • membership is activated with the purchase of your first dozen Falcon Ridge Estate wines;
  • minimum membership of the Cellar Door Club is for 12 months to receive Cellar Door discount price wine deliveries;
  • should you cancel your Cellar Door Club membership within first 12 months your credit card will be charged for the Cellar Door discount you received on on each case of wine purchased;
  • this first purchase will form one dozen of your minimum three dozen annual commitment and will be at Cellar Door discount prices;
  • Cellar Door discount price includes a 20% discount per dozen wines off cellar door prices;
  • you are required to purchase a minimum three dozen wines over a minimum 12 month period;
  • Falcon Ridge will dispatch, three times a year (approximately every four months), your Regular Delivery wine selection to you;
  • your member credit card will be automatically charged for the cost of the Regular Delivery dozen selected wines and, where applicable, freight at time of despatch;
  • you are required to provide current Visa or Mastercard credit card details to Falcon Ridge to transact up to three dozen wines per annum;
  • the credit card must be that of a Cellar Door Club member;
  • you are required to provide and maintain personal contact details for communication including a daytime telephone contact, address for despatch and courier delivery of the wines; and
  • should you move or change your delivery address without informing Falcon Ridge, you are aware and accept that additional freight charges may be incurred; and
  • delivery is by transport couriers. No responsibility is taken for the goods once despatched by Falcon Ridge Estate.

To Activate Your Cellar Door Club Membership and Receive Member Benefits:

Membership can be done online on our Website through our Cellar Door Club Member Login, or by contacting the office by email, phone, post or in person at the vineyard and completing the Cellar Door Club application form.

Your Wine Selection

As a Cellar Door Club member, you are required to select one, or more, of the following options (“Wine Selection”):

“Falcon Ridge Selection”  6 bottles Sauvignon Blanc and 6 bottles Pinot Noir
“Falcon Ridge Sauvignon”  12 bottles Sauvignon Blanc
“Falcon Ridge Pinot”  12 bottles Pinot Noir
“Falcon Ridge Syrah”  12 bottles Syrah

You can change your Wine Selection at any time by contacting Falcon Ridge by telephone, email, post or in person at the vineyard.

Continual Membership

The minimum Cellar Door Club membership commitment is a period of 12 months and a minimum purchase of three dozen wines; this will be automatically be renewed at the end of each 12 months period for a further term of 12 months.

Cancellation of Cellar Door Club Membership

Cellar Door Club membership cancellation must be in writing, be legible, be signed by you as the member and be forwarded to Falcon Ridge by email or post and will be accepted after the initial 12 month period. If membership is cancelled before the first 12 month period, a $50 administration fee may apply.

As a company incorporated and operating in New Zealand, we are governed by the Privacy Act 1993 (New Zealand), as amended or replaced from time to time. Further information can be obtained from the Office of the Privacy Commissioner at privacy.org.nz

In line with the Privacy Act 1993 (New Zealand) on cancellation of your Falcon Ridge Cellar Door Club membership your details and past member information, including your credit card details, will be deleted from our files.

Falcon Ridge Cellar Door Contact Details

Questions, comments and requests regarding our Cellar Door Club, our wines, deliveries, updating your contact details and delivery instructions and or your wine selection should be addressed to:

Vineyard:
Falcon Ridge Estate Limited
5 Higgins Road
Spring Grove
Nelson 7072
New Zealand

Telephone: (03) 542 3190
International: +64 3 542 3190

Email: info@falconridgeestate.co.nz

SECTION D: CHANGES, LAWS and CONTACTS

Changes to these Terms of Use

We reserve the right to make changes to these Terms of Use and the Privacy Policy at any time, without notice for any reason. The current version of these Terms of Use is available via our Website. It is your responsibility to check this page from time to time to take notice of any changes we make, as they are binding on you. We may notify our customers of changes to these Terms of Use, but are not under any obligation to do so. Your use, or continued use, of our Website, constitutes your acceptance and consent to the latest version of these Terms of Use.

Continued use of the Website after publication of any amendments indicates your agreement to the new Terms of Use and Privacy Policy (and any of the amendments). If you do not agree to any amendments, you must immediately stop using the Website.

Applicable Law and Interpretation

These Terms of Use (and our Privacy Policy) are governed by and are to be construed in accordance with the laws applicable in New Zealand.

The user irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts exercising jurisdiction in New Zealand and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

Any failure by Falcon Ridge to enforce strict performance of any of the Terms of Use will not be construed as a waiver of any right or remedy of Falcon Ridge in respect of any existing or subsequent breach of the Terms of Use.

If any provision of these Terms of Use are found to be invalid or unenforceable, the provision will be deemed severed from the Terms of Use and the remainder of the terms will continue in full force and effect.

Contact Details

Questions, comments and requests regarding these Terms of Use should be addressed to:

Place of Business:
Falcon Ridge Estate Limited
5 Higgins Road
Spring Grove
Nelson 7072
New Zealand

Registered Office:
Falcon Ridge Estate Limited
Claymore Law
63 Fort Street
Auckland 1010
New Zealand

Or email: info@falconridgeestate.co.nz

We hope to offer you a first class customer service experience in all of your dealings with Falcon Ridge Estate Limited.

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