T&C's

  • For Customers/Users
  • For Vendors/Merchant

Introduction

Welcome to the PrimeOja.com website (the “Site”). These terms & conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.This website is owned and operated by PrimeOja. For the purposes of this website, “seller”, “we”, “us” and “our” all refer to PrimeOja.comThe Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

Terms and Conditions of Use

Use of the Site

You confirm that you are at least 16 years of age or are accessing the Site under the supervision of a parent or legal guardian.

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

User Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review PrimeOja and your purchase and c) promotional emails, SMS and push notifications from PrimeOja. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service email address by country.

Information Available on Website

You accept that the information contained in this website is provided as is, where is, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

Accessibility of Website

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

Links and Thirds Party Websites

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.

In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.

Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

Intellectual Property

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain at all times vested in us or our licensors. The use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site. PrimeOja stores the address and might use it for commercial purposes.

Indemnity

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of The United State. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of The United State and to waive any objections based upon venue.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices  of PrimeOja in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Severability

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

Miscellaneous Provisions

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

Terms and Conditions of Sales

General

You confirm that you are at least 16 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.

These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

Formation of Contract

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.

Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

Acceptance of Electronic Documents

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Payment and Pricing

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

Use of Voucher Codes

Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site.

Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.

Liability of Parties on the PrimeOja Marketplace

We also operate a marketplace that is open for third-parties to sell their products on our website. None of the products listed on the PrimeOja Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the PrimeOja Marketplace.

The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the PrimeOja Marketplace.

Delivery

This Site is only for delivery of products to customers within the United State. We make every effort to deliver goods within the estimated timescales set out on our Site; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.

You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

Indemnity

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of The United State. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of The United State and to waive any objections based upon venue.

Severability

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

Miscellaneous Provisions

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sales to any third party.

Notice of Copyright Infringement

If you have any complaints with respect to the infringement of your copyright, kindly write to the following address:  [email protected]

Who? Where?

Where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints). We expeditiously respond to all concerns regarding copyright infringements.

We request that you provide the following information along with your complaint:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.

A proper description of the copyrighted work claimed to have been infringed.

A description of the location of the infringing material on our Website.

The address, telephone number or e-mail address of the complaining party.

A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.

A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying PrimeOja that your copyrighted material has been infringed.

Introduction

As a demonstration of our commitment to the African Communities and The Unites State entrepreneurs, PrimeOja (“PrimeOja”, “us”), online African Marketplace in United State opened up its online platform (“Shop”) to African businesses in the U.S, to enable interested vendors sell their products, giving instant nationwide access to their products. Vendors can also enjoy all the benefits that come with having an online store by being able to sell their products and offer services to customers all over the Unites State. Businesses that sign up to PrimeOja’s Platform will have a free microsite provided for them, and PrimeOja will provide additional value-added services including but not limited to marketing, customer service and logistics partnerships to cater to customers in all 54 states in The Unites State. Vendors can greatly increase sales and revenue by partnering with us, while we worry about showcasing their products to customers all over the United State. We also provide convenient payment terms for the proceeds of vendors’ sales. PrimeOja offers its customers only prepaid (online payment)options for goods purchased. All vendors have to do to enjoy all these benefits is to review and accept the terms and conditions of the PrimeOja Platform Service Agreement below. PrimeOja reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the PrimeOja website.

Terms and Conditions of Use

Agreement

In consideration of the mutual covenants set forth in this Agreement, Seller and PrimeOja (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:

 Services Rendered

The Seller agrees to compensate PrimeOja for the services rendered.

 Delivery of Services

PrimeOja will use reasonable diligence in rendering the Services offered to the Seller, which include the following:

- Online storefront tailored to the Seller with payment gateway and escrow service at PrimeOja.com;

- Access to SellerHQ and other account management systems;

- Access to a dedicated account officer and other account management services;

- Access to logistics advice;

- Provision of analytics;

- Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00)

- E-marketing, and other marketing services as available and appropriate.

PrimeOja may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before the provision of the said services.

PrimeOja reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.

The Seller agrees to use reasonable diligence in providing PrimeOja with genuine products, up-to-date product quantity information, and accurate product information.

Entire Agreement

This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. PrimeOja reserves the right to alter these terms and conditions at any point without notice, by updating the content on the PrimeOja website.

Compensation

For all of the Services provided by PrimeOja under this Agreement, the Seller shall compensate PrimeOja, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers; or agreed in advance between both parties, or detailed elsewhere on the PrimeOja website.

Every Vendor shall have an minimum balance of $100 (One hundred Dollars) only in his/her PrimeOja Wallet upon registration with PrimeOja. PrimeOja shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Vendor’s PrimeOja Wallet or from his/her designated Bank Account in the event his/her wallet is empty.

T&C Review

PrimeOja will from time to time review the category commission structure and will notify the Seller of any changes by communicating directly to sellers or publishing the same on the Seller Announcement Section, or on PrimeOja’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. PrimeOja will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.

Confidentiality

The Seller and PrimeOja acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of PrimeOja. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without PrimeOja’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.

Independent Contractor

PrimeOja shall be deemed as an independent contractor. PrimeOja will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on PrimeOja’s behalf. PrimeOja is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. PrimeOja understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.

Indemnification

Seller warrants that everything it gives PrimeOja to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold PrimeOja, its employees and associates harmless from any and all claims brought in the performance of the Services.

Seller shall indemnify and hold PRIMEOJA harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Seller (“Third Party Claim”).

Limitation of Liabilty
  1. A) Vendor agrees to indemnify, defend and hold harmless PrimeOja against and from any third party claims (including reasonable legal or arbitration costs) arising from:
  • Any breach or default on the part of the vendor of any obligations
  • Negligent act or omission of the vendor; or
  • Wilful violation of the law, wrong description, and price of products advertised; or
  • An offense committed by a vendor.
  • Provision of fake, inferior or substandard products that have been sold as genuine;
  • Listing and selling products that have not been authorized for sale by the appropriate regulatory body
  • Engages in any activity which would be considered illegal under the Unites Staten law, or engages in any activity that could be considered as fraudulent or misleading.
Set Off

The Seller hereby authorizes PrimeOja to set-off by whatever means the whole or any part of Seller’s liabilities to PrimeOja or its customers under this Agreement (or any other contract with us) against any funds or goods credited to or owing to the Seller under this Agreement (or any other contract with us). PrimeOja may exercise this right of set-off at any time, without notice to the Seller, whether either liability is present or future, cash or assets, and whether or not either liability arises under this Agreement. If the liabilities to be set off are expressed in different currencies or forms, PrimeOja may convert either liability at a market rate of exchange for the purpose of set-off. In the event such set-off does not fully reimburse PrimeOja for the amount owed, the Seller shall immediately pay PrimeOja such an outstanding amount. The Seller shall hold harmless any financial institution that follows our request pursuant to this clause. Any exercise of PrimeOja’s right under this provision is without prejudice and in addition to any rights or remedies available to PrimeOja under this Agreement or otherwise.

Term & Termination

Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.

PrimeOja has the right to evict the Seller from PrimeOja if any, or a combination, of the following breaches, are committed:

  • Fails to make a product that has been sold on PrimeOja Platform available for delivery within three (3) business days after it was supposed to be available for delivery;
  • Provides fake, inferior or substandard products that have been sold as genuine;
  • Provides used, refurbished or damaged products that have been sold as new or unused;
  • Lists and sells products that have not been authorized for sale by the appropriate regulatory body
  • Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ rating system (details on request);
  • Engages in any activity which would be considered illegal under the Unites Staten law, or engages in any activity that could be considered as fraudulent or misleading;
  • Engages in any activity that brings PrimeOja, or any of PrimeOja’s partners or other Platform vendors into disrepute.
  • PrimeOja reserves the right to alter these QOS rules at any time, and in the event of any changes, PrimeOja will inform the Seller by publishing the same on PrimeOja’s website. PrimeOja will send a formal warning to the Seller after each incident.
Force Majeure

The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.

Copyright and Infringement Trademark

PrimeOja respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. PrimeOja will immediately terminate or suspend a seller who infringes another’s trademark or copyright.

Independent Contractors

The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.

Restrictions and Prohibitions
  • All product descriptions must be true, accurate and non-misleading.
  • Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
  • Sellers must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; PrimeOja will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
  • Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
  • Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
  • No display of images containing pornography is permitted.
  • You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
  • Sellers must not incur liability for PrimeOja and its subcontractors or expose them to undue risk or otherwise engage in activities that PrimeOja, in its sole discretion, determines to be harmful to PrimeOja's affiliates, operations, reputation, or goodwill.
  • Sellers must not post or display any materials that exploits or otherwise exploits children under age of 16 years.
  • Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.
  • PrimeOja is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.

POLICIES

  • Shipping
  • International Shipping
  • Returns/Exchange

We appreciate your business with us and thank you for trusting us. Once your payment is cleared, please allow 1-2 business days to process your order, you will receive your purchase in 3-5 business days, and the pre-order purchases will take 4 weeks. Purchases made on Saturday and Sunday will not be processed until Monday.

Purchases $100 and over are free with standard shipping. Purchases $0-99 have a flat-rate fee of $5.99 from each vendor, to ship within the United States.

We are an online multivendor African store based in the United States. If you find something that you like and you live outside the country, Do not worry, just email support, our team will be ready to help you, We do not offer international shipping, but we can mail your purchase to your friends, or family here in the United States.

Satisfying our customers is one of our goals, if for any reason you are not satisfied with your order, you may return/exchange it within 7 days only. Worn, washed and any altered garment will not qualify for return/exchange. Refunds take up to 7 business days to be processed. Please note that you are responsible for your return cost. Some items like wigs, and underwear, cannot be returned.

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