Terms and Conditions

Food Delivery & Takeway by All Areas

1.           About the Website

(a)        Welcome to www.ozfoodhunter.com.au (the 'Website'). The Website Food Courier (Deliver) (the 'Services ').

(b)              The Website is operated by Oz Food Hunter Pty Ltd (ABN 97158260863). Access to and use of the Website, or any of its associated Products or Services, is provided by Oz Food Hunter Pty Ltd . Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c)              Oz Food Hunter Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Oz Food Hunter Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.           Acceptance of the Terms

(a)              You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Oz Food Hunter Pty Ltd in the user interface.

3.           Subscription to use the Services

(a)              In order to access the Services, you must first subscribe through the Website ('No Subscription fee') and pay the applicable fee for the selected Services only.

(b)              While Subscribe, you acknowledge and agree that it is your responsibility to ensure that the Subscription service you elect to give permission is suitable for your use.

(c)              Once you have Subscribed, you will then be required to register for an account through the Website before you can access the Services (the 'Account').

(d)              As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i)            Email address

(ii)           Preferred username

(iii)          Mailing address

(iv)         Telephone number

(v)           Password

(e)              You warrant that any information you give to Oz Food Hunter Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(f)               Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').

(g)              You may not use the Services and may not accept the Terms if:

(i)            you are not of legal age to form a binding contract with Oz Food Hunter Pty Ltd ; or

(ii)           you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4.           Your obligations as a Member

(a)              As a Member, you agree to comply with the following:

(i)            you will use the Services only for purposes that are permitted by:

(A)          the Terms; and

(B)          any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii)           you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii)          any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Oz Food Hunter Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv)          access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Oz Food Hunter Pty Ltd providing the Services

(v)           you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Oz Food Hunter Pty Ltd ;

(vi)         you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii)         you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Oz Food Hunter Pty Ltd for any illegal or unauthorised use of the Website; and

(viii)       you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.           Payment

(a)              Where the option is given to you, you may make payment of the Subscription Fee by way of:

(i)            Electronic funds transfer ('EFT ') into our nominated bank account

(ii)           Credit Card Payment ('Credit Card')

(iii)          PayPal ('PayPal')

(iv)         Cash ('Cash')

(v)           American Express (AMX)

(vi)         Google Pay and Apple pay

(a)              All payments made in the course of your use of the Services are made using Commonwealth Bank (CBA) Australia. In using the Website, the Services or when making any payment in relation to your use of                         the Services, you warrant that you have read, understood, and agree to be bound by the Commonwealth Bank (CBA) Australia terms and conditions which are available on their website.

(b)              You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason,

                    then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .

 

(c)              You agree and acknowledge that Oz Food Hunter Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing

                   Subscription Period.

(d)              You acknowledge and agree to pay processing fee 2.99% for all PayPal, American Express, Google Pay and Apple Pay payments, 1.99% for all type of visa, master card Payments.

(e)              you acknowledge and agree that we may use third party payment gateway as per the PGP.

(f)               You acknowledge and agree that by making payment via PGP, this will incur additional processing fee, which include but not include into i) 2.99% for all PayPal, American Express, Google Pay and Apple Pay                      payments, ii) 1.99% for all type of visa, master card Payments.

(g)              You agree and acknowledge that you familiarise yourself with agreed to be bound by the applicable terms and conditions, privacy policy and any other relevant document of the Payment Gateway Provider                     prior to you using the payment services.   

 

6.           Refund Policy

  1. Oz Food Hunter Pty Ltd will only provide you with a refund of the rejected or non-delivered orders in the event they are unable to continue to provide the Services or if the manager of Oz Food Hunter Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
  2. Should you elect to make a request to refund, you acknowledge and notify us by email info@ozfoodhunter.com.au outlining why you believe with the evidence why you entitle to a refund of any fee. Oz Food Hunter reserves the rights to determent whether a refund should occur at absolute discussion. All refunded once approved will be processed with 48 to 72 hrs. All other refund request will be processed based on the result of investigation and restaurant owners’ approvals. Oz Food Hunter reserves the rights to refund to customers in any circumstances. 

7.           Copyright and Intellectual Property

(a)              The Website, the Services and all of the related products of Oz Food Hunter Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Oz Food Hunter Pty Ltd or its contributors.

(b)              All trademarks, service marks and trade names are owned, registered and/or licensed by Oz Food Hunter Pty Ltd , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i)            use the Website pursuant to the Terms;

(ii)           copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii)          print pages from the Website for your own personal and non-commercial use.

Oz Food Hunter Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Oz Food Hunter Pty Ltd .

(c)              Oz Food Hunter Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i)            business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii)           a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii)          a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you

(d)              You may not, without the prior written permission of Oz Food Hunter Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8.           Privacy

(a)              Oz Food Hunter Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Oz Food Hunter Pty Ltd 's Privacy Policy, which is available on the Website.

9.           General Disclaimer

(a)              Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b)              Subject to this clause, and to the extent permitted by law:

(i)            all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii)           Oz Food Hunter Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c)              Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Oz Food Hunter Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Oz Food Hunter Pty Ltd ) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i)            failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records

(ii)           the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii)          costs incurred as a result of you using the Website, the Services or any of the products of Oz Food Hunter Pty Ltd ; and

(iv)         the Services or operation in respect to links which are provided for your convenience.

10.       Limitation of liability

(a)              Oz Food Hunter Pty Ltd 's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b)              You expressly understand and agree that Oz Food Hunter Pty Ltd , its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.       Termination of Contract

(a)              The Terms will continue to apply until terminated by either you or by Oz Food Hunter Pty Ltd as set out below.

(b)              If you want to terminate the Terms, you may do so by:

(i)            providing Oz Food Hunter Pty Ltd with 5 working days' notice of your intention to terminate; and

(ii)           closing your accounts for all of the services which you use, where Oz Food Hunter Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Oz Food Hunter Pty Ltd via the 'Contact Us' link on our homepage.

(c)         Oz Food Hunter Pty Ltd may at any time, terminate the Terms with you if:

(i)            you have breached any provision of the Terms or intend to breach any provision;

(ii)           Oz Food Hunter Pty Ltd is required to do so by law;

(iii)          the provision of the Services to you by Oz Food Hunter Pty Ltd is, in the opinion of Oz Food Hunter Pty Ltd , no longer commercially viable.

(d)              Subject to local applicable laws, Oz Food Hunter Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Oz Food Hunter Pty Ltd 's name or reputation or violates the rights of those of another party.

12.       Indemnity

(a)              You agree to indemnify Oz Food Hunter Pty Ltd , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i)            all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(ii)           any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(iii)          any breach of the Terms.

13.       Dispute Resolution

(a)              Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b)              Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c)              Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:

(i)            Within 3 working days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii)           If for any reason whatsoever, 10 working days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the 'Australian Mediation Association' or his or her nominee;

(iii)          The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv)         The mediation will be held in Brisbane, Australia.

(d)              Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e)              Termination of Mediation:

If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14.       Venue and Jurisdiction

(a)              The Services offered by Oz Food Hunter Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

15.       Governing Law

(a)              The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16.       Independent Legal Advice

(a)              Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17.       Severance

(a)              If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Statement and introduction

OZ Food Hunter is a website which provides Table booking and online food ordering service in Australia, the terms and conditions of use are as follows.

The OZ Food Hunter website is free to use for customers and they can order and book a table through the website and APP (IOS/Android) payment can be made through PayPal, visa, master, American express through online.

Use and access of this website is subject to users agreement of the website terms and conditions. Terms and conditions will apply in various circumstances which will not affect your legal rights as a user.

OZFOODHUNTER website content

The content of the website will be change without any notice which you agreed and from time to time changing rights will be reserved by the OZ Food Hunter.

Orders placing and processing

OZ Food Hunter reserves the rights to hire reliable third parties to place and process an order from local or overseas. However, OZ Food Hunter is accepting the quality of service and goods will be delivered on responsible time frame. And also the customers are responsible to check clearly the order before agreeing and placing the order. Once the order submitted by customer, the order confirmed and directed to the restaurant partners by OZ Food Hunter. After confirming the order, the restaurant will be fully responsible to food prepare and deliver it to you. If there are any disputes you need to resolve between you and restaurant.

It’s, customer responsibility to provide the correct and active contact details such as, email, Telephone numbers, and delivery address and post codes. If during the delivery the provided contact details are incorrect, OZ Food Hunter is not liable or responsible for undelivered or delayed in delivery. We are not liable if order is being rejected by restaurants.

As a customer please provide the correct and active contact details like email, Telephone numbers, delivery address and post codes. If during the delivery the provided contact details are incorrect, OZ Food Hunter is not responsible for undelivered or delayed in delivery. We are not liable if order is being rejected by restaurants.

Oz Food Hunter providing highly secure 3d secure payment gateway integration .This payment gateway integration Common wealth bank service provider integrated for VISA ,MASTERCARD and AMX only.All other non 3d secure registered cards will not be acceptable inclusive of diner card and JCB card.International cards only acceptable.If the service provider un-authorised or collaborated Australian Banking system.

 

Indemnity

You agree to indemnify the hold of OZ Food Hunter services, directors, employees and agencies, against any and all claims, losses, damages, debt and expenses (include but not limited legal fee) raising from; your breach of any in this terms and conditions, any violation of the third party rights, copyrights and privacy policy.

Order Reviews

The OZ Food Hunter review page is fully open for OZ Food Hunter customers and they can share their ordering experience through the OZ Food Hunter. OZ Food Hunter reserves the right to exclude the reviews and rating if the reviews are abusive, offensive and discriminative to restaurant or customers. OZ Food Hunter reserves the rights to check the content and URL of the reviews to exclude if it’s offensive or abusive.

Liability Limitations

Under no circumstances the OZ Food Hunter is liable for any damages, injuries, losses, illness and death by using website or by use of content, information opinion. OZ Food Hunter is disclaiming any liability from errors, third party misuses and advertisers. OZ Food Hunter is not liable and responsible of poor quality products and services from the restaurants and third party.

Registration and sign up for restaurant owner and users

Customers must sign up or register in the OZ Food Hunter before they order or use the website. After placing the orders customers can view their orders history however, cannot change and it can only be viewable. Before registering or sign up its customer’s responsibility to check and provide true information. Once the customers registered, there will be an auto generated login ID with their desired password sent to them via email. It’s your responsibility to keep your login information confidential as an individual. OZ Food Hunter serves the rights to disable the users any time.

The restaurant owners have full access to their register their business and upload the menu. OZ Food Hunter will take necessary actions if restaurant misuse site. Restaurant owners responsible to provide correct information and update menu, contact information and other updates from time to time. Restaurant owners can only view the order history and customers review. OZ Food Hunter reserves the rights to disable the business at any time.

OZ FOOD HUNTER reserves the rights to refund if the customers made payments online to OZ FOOD HUNTER, as long as restaurant owners approved. However, the refund will only apply if the goods not delivered or not delivered on time or not satisfied.

The special offers are subject to change, restaurant may change offers from time to time and loyalty discounts removing and changing is based on the terms and loyalty programs with OZ FOOD HUNTER.

The Restaurant grants permission to have its content displayed by The Company and purchased by customers on The Company website.

OZ FOOD HUNTER will take no responsibility for any loss or damage direct or otherwise arising out of this agreement. The Restaurant will identify. The Company against any third party lawsuit or proceeding brought against OZ FOOD HUNTER or its officers, as a consequence of any problems with the accuracy and/or validity of the menu displayed to the customer online and/or the quality of food or service provided by The Restaurant.

The Restaurant agrees to pay the Company 10% plus GST Commission on every confirmed order.

All QLD restaurants commission changed from April, 15th 2021. Flat 10% plus GST only. No Surcharges apply

The Restaurants agrees to pay 50 Cents plus GST per person commission on every confirmed online booking table.

Tax invoices are generated on the 1st and 15th of every month. If the Tax invoice totals a net amount owing to the restaurant, OZ FOOD HUNTER agrees to transfer funds via internet bank transfer in three working days from the invoice date. If the Tax Invoice reflects a net amount going by The Restaurant, The Restaurant agrees to pay The Company within 15 days.

All QLD restaurants invoices generated on weekly basis between Monday to Wednesday. 

The OZ FOOD HUNTER reserves the right to refuse to display The Restaurant details without prior consent or notification.

The Restaurant agrees to respect all special offers displayed by The OZ FOOD HUNTER which are supplied or agreed by the Restaurant.

The restaurant accept sole responsibility for the truth and validity of all information provided and displayed.

The OZ FOOD HUNTER and The Restaurant agree to terminate this agreement based on request from either party in writing any time.

The restaurant agree to treat all customer's personal information with the most privacy security and not to disclose them to any third party without the customer's consent.

The Restaurant agrees to notify The OZ FOOD HUNTER of any changes relating to the ownership of the business. Failure to notify the Company of such changes relating to the ownership of the business, which results in overpayment of commission by The Company, such commission must be reimbursed at the request of The Company.

The Restaurant agrees to work Effectively with the OZ FOOD HUNTER as The Supplier's Online Food Ordering provider until termination of this agreement.

The Restaurant agrees to display the same (or less expensive) prices as show in the venue, delivery charges and Credit Card fees (if appropriate) on The OZ FOOD HUNTER website as it shows for its own particular store.

Any charges will be mentioned on the tax invoice as per clause 4.

The Restaurant agrees to completely offer to The OZ FOOD HUNTER the 1st Customer Discount and/or Customer Loyalty Program agreement.

All charges and commissions are excluding GST. GST amount will be shown on The Company tax invoice.

Depending upon termination of this agreement, all outstanding fees owed to the OZ FOOD HUNTER Company and/or The Supplier will become immediately due and payable.

The OZ FOOD HUNTER will charge customer for the total order amount should they selected to pay by credit card.

From April, 15th 2021 these surcharges are not applied on all QLD restaurants. 

The Restaurant agrees, for Credit Card orders, to vision the Credit Card used for the order and get the card holder to sign a copy of the order. Signed order must be available on request. The Restaurant bears all charge back risk should have signed copies not be available.If cardholders is not present, recipient's name, signature and some form of photo ID number (i.e. driver's license number) must be recorded on the copy of the order.

Intellectual property rights

Under the Australian Intellectual Property rights, OZ Food Hunter owns and licensed all of the sites information such as, all text, logo, pictures, technical software, java script, PHP coding, Payment gateway, relevant files, designs of the page and contents except customer’s submissions. Customers and restaurant owners use is subject to Australian intellectual property rights and copyrights.

Customers and Restaurant owners agreeing to not to use or copy of site content, photos, other information except permitted one.

A portion of the photos demonstrated on the website are indicative of the style of food and may not be a real photograph of the dish from the recorded venue. Specials displayed on OZ FOOD HUNTER are liable to change. Restaurants might modify their specials whenever, including removing or changing the terms of their Loyalty Discount program. Loyalty credits earned from a restaurant are non-transferable and are not redeemable for money.

All orders placed via the website APP are prepared by the restaurants and delivered by the restaurant’s delivery drivers, drivers arranged by the restaurant or in some cases by a third party Delivery Company contracted directly by the restaurant. The delivery times indicated on the website and in order correspondence are estimate times only based on information supplied to us by the restaurant.

Change of Content and terms and conditions

OZ Food Hunter reserves the rights to change the terms or modifications from time to time. As a Customers and restaurant owner, it’s an individual’s responsibility to check carefully often the updated terms of use and privacy policy.

Payment and responsibility for orders

Once the order process is indicated as accepted by restaurant then there is an agreement between customer and restaurant. Then only restaurant is the responsible for that order. All prices including GST for customers and payable and acceptable only in AUD. After accepting the order disputes should resolve between restaurant and customer itself. However, after placing an order through OZ FOOD HUNTER we are the responsible for follow up for deliver and goods through the restaurants. In any case, the restaurants agreed and full fill the Australian standard of food preparation and deliver the goods as per mentioned time frame in site while accepting the order. 

Order Cancellation

Customers have rights to cancel the order only within a certain time frame. After order processed and prepared, the delivery is not on time due to incorrect contact details than it’s completely the responsibility of respective customers only. Restaurant partners reserves the rights to cancel the order before or after accepting and after you receive the order confirmations and OZ Food Hunter will be communicating with you immediately about cancellation.

 

 

 

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