TERM & CONDITIONS

19 Dec 2022

Please read carefully the “Terms and Conditions for Customers” set forth below. By using the locker rental service (Service) performed on the SantaPocket mobile application (App), the Customer acknowledges that it has read, understood, confirmed, accepted and agreed to abide by the Terms and Administer this conversion each time you use the service.

This provision constitutes a reasonable agreement between the Client and Santa Joint Stock Company., a company incorporated and operating under the laws of Vietnam and having Business Registration Number No: 0318029353 issued by the Department of State. Plan and Investment issued date: October 08, 2023 (hereinafter referred to as SantaPocket).

SantaPocket reserves the right to modify, replace, amend and supplement the Terms or any policy in these Terms at any time as it deems appropriate. Modifications, replacements, amendments and/or supplements to the Terms and Conditions for Customer Trading will be effective immediately upon posting on the SantaPocket App. Customer agrees that it is Customer’s responsibility to regularly refer to the Terms and that any amendments, whether or not reviewed by Customer, will constitute Customer’s consent and acceptance. Row for these modifications.

Service provider information

SANTA JOINT STOCK COMPANY
🎯 Address: 161 Truong Van Bang Street, Thanh My Loi Ward, Thu Duc City, HCM City
☎  Hotline 0974 549 066
📧 Email: info.santapocket@santapocket.com

Customer and account information

By setting up an account on the Application, the customer has established a contractual relationship with Santa and implicitly agrees to the commitments, conditions and terms of these Terms of Use.

  • The Customer commits to being 18 years of age or older, with full civil capacity as prescribed by law. In case the Customer is under 18 years of age, the Customer’s direct Guardian knows and agrees and participates in the transaction.
  • Customers commit to comply with account registration by providing a phone number and receiving OTP code sent to register an account. The provided account is for using the features on the Application.
  • The Customer is legally responsible for all information that he/she declares on the SantaPocket Application. If the Customer provides information of any third party to Santa, Santa understands that the Customer has taken the necessary actions to obtain the consent of that third party to do so. This provision does not limit the right to verify the information provided by the Customer by Santa.
  • SantaPocket shall be exempted from all liability for complaints, lawsuits, and compensation related to the Customer’s incorrect declaration of information and/or the Customer’s unauthorized use of third party information. In the event that the Customer violates or SantaPocket finds that the Customer has signs of violating any commitments or obligations in the Terms of Use, SantaPocket has the right to immediately terminate the Customer’s Account without having to obtain the opinion or consent of the Customer or any other third party. At the same time, SantaPocket has the right to decide whether or not to allow the Customer to register a new Account after violating the above regulations.
  • Santa reserves the right to manage any user’s account without any obligation to refund or compensate any user who violates any of the terms and conditions of the rules/regulations published on the SantaPocket Application.

Service Information

  • SantaPocket Locker is a 4.0 smart locker using IoT technology that allows users to rent lockers to deliver goods. To use, users are required to install the SantaPocket application, connect the user’s device to the locker via the QR code integrated on the locker.
  • SantaEshop Locker is a smart locker that applies IoT technology to provide a solution that allows users to rent lockers and flexibly display, exchange and sell goods at SantaEshop locations without having to go to the store. To use, users are required to install the SantaPocket application, connect the user’s device to the locker via the QR code integrated on the locker.
  • SantaPocket application is an application installed on smartphones, synchronized with the SantaPocket Locker and SantaEshop Locker for users to use the Locker’s features.

I. ABOUT SANTAPOCKET LOCKER

1. Information on general trading conditions at SantaPocket Locker

1.1. Conditions or restrictions on the provision of services

  • Unlimited time to use SantaPocket lockers.
  • SantaPocket lockers are located in locations that meet the following requirements: Near the road surface so that vehicles can easily access, near the power source, covered.

1.2. Return policy, including return period, method of return or exchange purchased, method of refund, cost of this return

  • Service payments made are non-refundable.
  • Only in the event of a technical problem arising from the locker during the locker rental transaction will the money be refunded to the customer account on the SantaPocket app within 7 working days from the date of the incident.

1.3. Service standards, service delivery procedures, payment systems, loyalty points policies and other terms related to the provision of services, including conditions and limitations where applicable

1.3.1. Process of Downloading and Installing SantaPocket App

  • S1: Download and install SantaPocket applications distributed on Google Play (Android) or App Store (iOS) to your phone.
  • S2: Access the SantaPocket App.
  • S3: Enter your phone number, the system will send OTP login code via SMS/ZNS/Voice OTP.
  • S4: Enter the OTP code to log into the system.
  • S5: Provide personal information upon request.

1.3.2. Detailed process of using SantaPocket lockers

➤ For the Sender

  • S1: Scan the QR code displayed on the SantaPocket lockers.
  • S2: Enter recipient information: phone number and note (if any).
  • S3: Choose the right locker size for the package.
  • S4: Put the package in the locker and close the locker. Finish the process.

➤ For the Receiver

  • S1: When seeing a notification sent by the system, the recipient scans the QR code on the locker and begins to receive the goods.
  • S2: Pick up and check.
  • S3: Finish receiving goods.

1.3.3. Conditions for participating in transactions for Customers

  • The Customer undertakes that it is the Owner or the Owner’s Legal Representative of the Goods, and has the authority to enter into and accept these Terms and Conditions of Transfer as representative and on behalf of the Owner of the Goods.
  • Customers need to register an account by providing a phone number and receiving an OTP code to register an account. After completing the information, SantaPocket will provide the Customer with a personal account so that the Customer can access and manage their transaction process (Account).
  • Customers are legally responsible for all information they declare to create accounts on the SantaPocket Application. In all cases, SantaPocket has the right to verify the information provided by the Customer. SantaPocket will not resolve Customer complaints in case the Customer declares incorrect information required by SantaPocket when registering.

1.3.4. Regulations on goods and use of services

  • For the SantaPocket service lockers: Depending on the size of the goods, the customer chooses the appropriate locker size for their goods.
  • SantaPocket allows users to send items that are food (to distinguish “food orders”, senders must select “food classification” when creating a locker order).
  • For food items, SantaPocket can only be kept for 24 hours. Santa will remind customers to pick up goods every 3/6/12/24 hours by app notifications and/or direct calls. After 24 hours, if the recipient cannot be contacted or the food order has not been received, SantaPocket will proceed to collect the order out of the locker to ensure hygiene for the following user (This term only applies to fresh/ready-to-eat food and needs to be used within the same day. For dry food with a long expiry date, SantaPocket will send the goods back to the customers into the locker according to the information of the order).
  • If there is an issue involving the loss of a user’s package, SantaPocket will report the results to the person who requested the inspection within 72 hours after checking the camera. If the cause of the package loss originates from SantaPocket, the company will be responsible for the package.

Note: SantaPocket is only responsible for packages with a value of less than 2 million VND and the loss of the package can be verified as originating from SantaPocket.

SantaPocket lockers are not responsible for the contents of the package.

1.3.5. Regulations on prohibited goods to be sent / transported.

By accepting these Terms and Conditions, the Customer understands that it will not transport or store in SantaPocket and SantaEshop locker, including but not limited to these following types of goods:

  1. Military weapons, equipment, techniques, weapons, military means, police; military equipment (including badge, rank insignia and insignia of the army and police) used by the armed forces; special components, parts, spare parts, consulting and equipment, specialized technology to create them.
  2. Hunting guns, sports weapons, supporting tools.
  3. Narcotics and psychoactive substances.
  4. Prohibited chemical substances and precursors.
  5. Cultural products that are depraved, reactionary, superstitious or harmful to aesthetic and personality education; publications, destructive documents Tools against the State of the Socialist Republic of Vietnam.
  6. Canons of all kinds.
  7. Dangerous toys, toys harmful to children’s health and character education or to security, auto, social safety (including all video games).
  8. Veterinary drugs, banned from performing drug protection or not allowed to be used in Vietnam according to the provisions of the Ordinance, Ordinance on Protection and Inspection of Plants.
  9. Wild plants and animals (including living things and processed parts thereof) on the list of international treaties to which Vietnam is a contracting party and rare and precious plants and animals catalog mining and use.
  10. Exploited aquatic products, aquatic products with permitted residues of toxic substances, aquatic products with toxins that are dangerous to human life.
  11. The analysis is not on the list of permitted production, trading and use in Vietnam.
  12. Plant varieties not on the list of plants permitted for production and trading; Plant varieties that cause harm to production and human health, the environment and ecological systems.
  13. Special and toxic minerals.
  14. Import of Scrap for polluted environment.
  15. Medicines for human treatment, vaccines, biological products, cosmetics, chemicals and preparations, insecticidal and germicidal products in the household and medical fields are not allowed to be used in Vietnam.
  16. Medical devices are not allowed to be used in Vietnam.
  17. Food additives, modifiers, micronutrients, functional foods, high-risk foods, foods preserved by irradiation, foods with genes that have not been modified State agencies have the power to appraise.
  18. Products and materials containing amphiboles of the asbestos group.
  19. Explosive, flammable objects or substances and chemicals that are toxic or unsanitary, causing environmental pollution.
  20. Vietnamese currency, foreign currency and valuable papers such as currency.
  21. Precious metals (gold, silver, platinum…), stones or other products made from precious metals, precious stones.
  22. Cigarettes, cigars and other finished tobacco products smuggled.
  23. Goods containing radioactive substances, equipment radiation or radioactive sources.
  24. Wine of all kinds.
  25. Types of goods that the state prohibits/restricts information, business, export, and import.
  26. Other types of goods that are prohibited or restricted from business or circulation by the law.

1.3.6. Service Fees and Payments

  • When Customer uses the Service, Customer will pay the costs (Fees) provided by SantaPocket and published publicly on the SantaPocket Application. In addition, the Customer will be updated by SantaPocket with the relevant Fees table before completing the Request. Fees may be changed from time to time.
  • Customers accept the provisions of SantaPocket’s payment system:
  • All transactions that incur fees in the SantaPocket application will use Xu unit for payment (except for free use when receiving goods)
  • Customers own Xu in one of the following ways: Customers buy Xu through the recommended methods on the App: MoMo wallet, Payoo, VNPay, bank transfer. The cost of 1 Xu is 10 VND. During the conversion process from VND to Xu, if the number of Xu is a number with a decimal part, SantaPocket will round it according to the following rule: If the decimal part is equal to or greater than 0.5, the Xu will be rounded up. If the decimal part is less than 0.5, the Xu are rounded down.
  • Customers are given Xu by Santa according to the programs announced by Santa at each time.
  • Purchased Coins cannot be converted back into VND, even if the account is terminated. Customers can use Coins for other services on the SantaPocket app, if available.
  • RENTAL PRICE LIST FOR USING SANTAPOCKET (see HERE)

1.4. SantaPocket’s obligations and the Customer’s obligations in each transaction

1.4.1. SantaPocket’s Responsibilities and Obligations

➤ Confidentiality of Customer’s information

Customer’s personal information on SantaPocket‘s Application is committed to absolute confidentiality in accordance with SantaPocket‘s personal information protection policy. We ensure to only use customer information with the consent of the customer, unless otherwise provided by law. SantaPocket commits not to use, not transfer, provide or disclose to 3rd parties about Customer’s personal information without consent from Customer. At the same time, SantaPocket is not responsible for and does not resolve all complaints related to the interests of the Customer if it considers that the personal information of that Customer initially provided is incorrect.

➤ Responsibility to notify

In case the server storing information is hacked into the database, SantaPocket will be responsible for reporting the incident to the authorities to investigate in time and notify the Customer.

1.4.2. Responsibilities and obligations of the Customers

In addition to the conditions for participating in transactions for Customers stated in the above section, Customers must ensure the following obligations:

➤ Responsibility and liability for information used on the SantaPocket application

  • Customers will provide complete and accurate personal information at the request of SantaPocket when registering and during the use of SantapPocket’s Services through the Application.
  • Customer agrees to allow SantaPocket to use his or her personal data (including phone number) and transfer this data to SantaPocket servers for the purpose of providing services. Customer also grants SantaPocket the freedom to prepare, collect, store and update personal data to the extent and request of time during SantaPocket‘s provision of the Services.
  • The Customer shall be solely responsible for the use of his Account on the SantaPocket Application; and will not authorize, assign or otherwise transfer its Account to any third party.
  • The Client does not use an Account that is not his/her own to request the performance of services.
  • Customers will perform the correct operations to correctly fill in the name, address, contact phone number of the sender and recipient as well as order information in the correct fields. Customer undertakes and warrants that the Description and details of the Goods are true, complete, and accurate on any and all media. For any reason leading to doubt as to the accuracy of the Description of the Goods, SantaPocket reserves the right to unpack the Goods and check to confirm the Description of the Goods. For the avoidance of doubt, SantaPocket shall under no circumstances be obligated to inspect the Goods. Before delivery of the Goods is commenced, the Customer must notify the consignee of any particular precautions to be taken when delivering the Goods based on the nature of the Goods. SantaPocket is disclaimed from liability for damages resulting from improperly performed operations on the Application.

➤ About the goods sent in SantaPocket

  • Customers will be responsible before the law for all goods that they request from SantaPocket to perform services; and are obliged to provide full legal invoices and documents when requested by SantaPocket or the competent authorities.
  • The Customer undertakes that it will not use the Service for illegal purposes and will not require the transportation or storage of any goods prohibited by law as stated in section 3 of the Customer Terms and Conditions. row.
  • Customers will not use the Service or Application to annoy or disrupt the consignee or SantaPocket’s business; not knowingly defame, slander, or fabricate things that damage the honor and reputation of SantaPocket.
  • Customers shall not engage a third party in any manner whatsoever with conduct that is detrimental to the Application or the quality of SantaPocket‘s Services.
  • The Customer assumes all liability and responsibility for any loss or damage caused by any competent authority to the Goods or damage suffered by the shipper or any third party as a result of the breach. violate the Terms and Conditions of Participation for customers.
  • In the event of a breach by the Customer or SantaPocket that the Customer is found to be in scope, SantaPocket reserves the right to immediately close the Customer’s Account without consulting or consent of the Customer or a third party. any other. At the same time, SantaPocket has the right to decide whether or not to allow the Customer to register a new Account after violating the above provisions.
  • In case the Customer using SantaPocket’s Services that causes damage to SantaPocket, to any other SantaPocket Customer or to any other third party, must be responsible for compensation corresponding to the damage caused according to regulations of current law.

➤ Payment Responsibilities and Obligations

  • Customers will pay the Fees according to the Fees table and agreement of SantaPocket.
  • Comply with payment methods, make payments according to the agreed order and procedures and in accordance with the law.

➤ Responsibility to notify

  • In case the Customer loses the phone or changes the phone number registered for the Account, the Customer is obliged to notify SantaPocket at the hotline number 0974 549 066 or email info.santapocket@santapocket.com for SantaPocket to make changes or temporarily block relevant transactions to help Customer manage their use of the Service.
  • SantaPocket will not be responsible or settle claims in the event that Customer’s failure to notify SantaPocket results in a third party using such Customer’s Account to make a request to use the locker.

2. Information about payment methods

➤ Customers will pay directly to SantaPocket through a number of suggested methods on the App such as:

  • MoMo E-Wallet
  • VNPay E-Wallet
  • Payoo Wallet 
  • ATM and Bank account
  • International payment card
  • Bank transfer

➤  Payment via bank transfer, the payment amount will be converted to Xu and automatically updated to the balance on the SantaPocket application (According to article 2.3.5)

  • Account name: CONG TY CO PHAN SANTA
  • Account number: 482584
  • Bank: OCB (Orient Commercial Joint Stock Bank)
  • Branch: Ho Chi Minh
  • Transfer content: (Please copy the correct transfer contents in SantaPocket app)
  • Transfer amount: 20.000vnd | 50.000vnd | 100.000vnd | 150.000vnd | 200.000vnd | 500.000vnd

3. Customer loyalty policy

3.1. Accumulate Loyalty Points

Loyalty membership points accumulation system for customers who regularly use services at the SantaPocket application.

The Loyalty Points calculation unit is the Santa Cone and will be calculated as follows:

  • Completed applications with a duration of 1 hour and 30 minutes will receive 01 Santa Cone.
  • A completed locker rental application lasting from 1 hour 30 minutes will receive 01 Santa Cone.

3.2. Privileges for loyal customers

The point accumulation policy is designed to bring special incentives to loyal users of SantaPocket. SantaPocket will notify you in detail in the near future.

4. Other regulations

  • Regulations on order withdrawal and cancellation

Payments for the use of the service are non-refundable. Only in the event of a technical problem arising from the locker during the locker rental transaction will the money/Xu be refunded to the customer’s account on the SantaPocket application within 7 working days from the date of the incident.

  • SantaPocket’s orders recall and cancellation process is as follows:

Step 1: After 72 hours, the recipient will receive a notification informing that his/her delivery is about to be collected out of the locker. In the next 24 hours, the recipient must respond to SantaPocket’s CS team or pick up the delivery. After 24 hours, if there is still not any response, Santa will save the delivery information and the deliveries will be brought to the Santa office to keep in the next 30 days. 

Step 2: Within the next 30 days, Santa’s customer service team will contact the recipient at least 1 time (Call and/or message by phone number/Zalo).

  • Trường In case Santa cannot contact the recipient, on the 30th day, Santa will send an SMS to notify that in the next 24 hours, the order will be canceled if there’s no response from the owner.
  • In case the recipient is able to be contacted, but does not want to receive it and agrees to cancel: Require the customer to confirm “I agree to cancel the package” via text message or direct call to Santa.
  • In case the recipient wants to receive the delivery back, the recipient is required to pay the locker rental fee in 72 hours according to Santa’s rental price list & pay the shipping fee if they want to receive asap (Free delivery when combined with Santa’s scheduled maintenance or recall). In order to support, if the customer has more than 1 delivery, Santa only charges the rental fee and shipping fee as for 1 delivery.
  • Note: SantaPocket only keeps food orders for a period of 24 hours. Santa will remind the recipient to pick up their delivery after 3/6/12/24 hours via the app and directly call at least once. After 24 hours, if the recipient cannot be contacted or the food order has not been received, SantaPocket will take the package out of the locker to ensure hygiene for other users. This policy only applies to fresh/ready-to-eat items that need to be used on the same day. For dry foods, SantaPocket will send the goods back according to the information on the package to the customer..

 II. ABOUT SANTAESHOP

1. General principles

  • About using Santa’s SantaEshop Locker, Santa will be the intermediary consignor, helping the buying and selling of goods between Buyers and Sellers to be carried out directly at the location of the locker effectively and quickly. In which: Sellers are those who need to sell and display goods using the SantaEshop Locker; Buyers are those who need to buy products displayed in SantaEshop Locker.
  • Customers participating in transactions at the SantaPocket Application freely negotiate on the basis of respecting the rights and legitimate interests of the parties participating in the purchase and sale of products and services through contracts, not contrary to the provisions of law.
  • Products and services participating in transactions on the SantaPocket Application must fully comply with relevant legal regulations and not fall into cases of prohibited business or advertising as prescribed by law.
  • The purchase and sale of goods and provision of services through the SantaPocket Application must be carried out publicly and transparently, ensuring the rights of consumers.
  • When participating in the SantaPocket Application, Customers must understand their legal responsibilities under current Vietnamese law and commit to properly implementing the contents of Santa’s Regulations..
  • Santa reserves the right to manage any Customer’s account without any obligation to refund or compensate the Customer for violating any terms and conditions of the regulations/rules published on the SantaPocket Application.

2. Roles and responsibilities of the parties

2.1. Seller’s Responsibilities

  • Rent lockers at SantaEshop in accordance with Santa’s rental policy.
  • Ensure the legality and quality of the consigned goods. The goods are not on the list of prohibited goods for trading according to the provisions of law.
  • Provide complete and accurate information about the goods (description, price, warranty policy, return policy) when renting a consignment locker and agree to let Santa post this information about the goods on the SantaPocket App.
  • Comply with the regulations on cabinet operation and product storage conditions set forth by Santa.
  • Be responsible for paying taxes arising from sales according to state regulations after successfully selling products at Santa cabinets.. 

2.2. Buyer’s Responsibilities

  • Read the product information carefully before purchasing, including description, price, and warranty/return policy (if any).
  • Be responsible for checking the product at the time of receipt and be responsible for accepting the condition of the goods if there are no complaints or problems at that time. Any problems arising after receiving the goods are not within the scope of responsibility of Santa except in case of system errors or incorrect product information posted.
  • Pay in full and on time for the goods confirmed for purchase.
  • Comply with the regulations on operating the Locker to receive goods from the Seller.
  • Contact Santa immediately upon discovering errors or disputes related to the product or transaction.

2.3. Santa’s Responsibilities

  • Rent smart lockers according to the terms and conditions listed on the SantaPocket Application. Any changes will be notified to the User before applying. Ensure the SantaEshop Locker system operates safely, securely and protects goods during the rental period.
  • Allows Sellers to post (list) product information on the SantaPocket Application. Provides a platform for Buyers to view, select and purchase products from the application and then purchase directly at the SantaEshop Locker (in the initial phase, Buyers can only purchase and receive products directly from the SantaEshop Locker).
  • Support customers with cases related to goods, including participating in supporting the handling of complaints related to goods quality or transactions.
  • Ensure the rights of the Buyer in case of system errors or products not as described. 
  • Exempt from all responsibilities related to goods and quality of goods, transactions between Buyer and Seller.

3. Regulations on transactions and shipping at SantaEshop Locker:

3.1. Rent and operate lockers

  • Seller has the right to rent a pocket at SantaEshop to display products for the agreed period. 
  • Santa commits to preserve the products under standard conditions, but is not responsible for products that are easily damaged or not preserved properly due to the Seller’s fault.

3.2. Buying and selling transactions

  • Transactions are made directly at the SantaEshop Locker or via the SantaPocket Application
  • Buyer must check the product upon receipt. Any problems arising after receipt are not within the scope of Santa’s responsibility except in case of system errors or incorrect product information posted.
  • Santa is not responsible for the content of the items if they are products posted for sale by Customers/Brands.

4. Warranty policy

  • Products sold by Sellers on the SantaPocket App are guaranteed to be of the same quality as public in each product by the Seller.
  • The warranty policy depends on each Seller and is public in the information section of the booth and the products sold. Santa recommends that each Seller should detail and be transparent about the product/service warranty policy so that customers are aware.
  • For the Seller’s products, Santa is not the direct supplier but only the solution provider (specifically the Santa application platform for posting products and the physical Santa cabinet for displaying, selling and purchasing products). Therefore, Santa recommends that Buyers check each type of product and the warranty policy for that product before placing an order.
  • Santa will only provide information within our capacity in the event that the Seller fails to properly perform its product warranty obligations to the Buyer’s customers and/or a related dispute arises when requested by either party for support.

5. Return policy

Currently, Santa does not support returns for products purchased directly at SantaEshop. In case customers intend to resell the product after purchase, customers can refer to the method of consignment/renting a cabinet and reselling the product at SantaEshop.

6. Dispute resolution and complaints process

  • Santa and the Seller are responsible for receiving and handling Buyer complaints related to transactions on the SantaPocket App. Santa will support relevant information and participate in the complaint and dispute handling process to ensure the legitimate rights of the Parties.
  • Customers have the right to send complaints about product quality, services not matching the description, payment information being disclosed causing damage to them to SantaPocket Management Board. After receiving these feedbacks, we will verify the information, if it is true as reported, we will propose a solution for both parties including Buyer and Seller.

7. About the charging fee mechanism

  • Locker rental fee: The Seller shall pay a compartment rental fee of VND 10,000 per compartment rented per rental day. The number of rental days is up to the Seller to decide.
  • Service Fee: Santa will charge an additional 5% fee on the selling price of a Seller’s product.
  • How to calculate total net value received: The total value actually received by the Seller is calculated according to the following formula:

Net value received* = Selling price –  (Selling price* 5%) – (10.000 * n *N)

In which:

  • The selling price is the price that the Seller lists for the product for sale.
  • n is the number of days to rent a pocket.
  • N is the number of rented pockets.

*Note: The total actual value received will be rounded to the nearest integer.

  • If the odd number is equal to or greater than 5, round up
  • If the odd number is less than 5, round down

For example: If the total actual value received is 42.4 Xu, the system will automatically round down to 42 Xu.

If the total actual value received is 42.5 Xu, the system will automatically round up to 43 Xu.

8. Process of receiving cost of goods sold

After receiving the revenue from the sale into the Santa account, if the Seller wants to withdraw money, please follow these steps:

  1. Contact for withdrawal request:
  1. Provide necessary information, including:
  • Personal information
  • Phone number matches the registered phone number of Santa account
  • Bank account information to receive money
  • Amount to withdraw
  1. Processing time:
  • The Customer Service Department will receive and process your request information. 
  • The money will be transferred to the beneficiary’s bank account within 3-5 working days, excluding Saturdays, Sundays and holidays.

For any support, please contact:
☏ Hotline 0974 549 066

Thanks for following!

SantaPocket

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