Remsea

Singapore

Terms and Conditions for Remsea Money Transfer Services

IT IS IMPORTANT FOR YOU TO READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS AND EXEMPTIONS FROM OUR LIABILITY TO YOU FOR DAMAGE THAT YOU MAY SUFFER AS THE RESULT OF A REMSEA MONEY TRANSFER. THE RESPECTIVE PROVISIONS ARE HIGHLIGHTED IN BOLD. IN USING THE REMSEA SERVICE YOU AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS AS WELL AS ANY APPLICABLE LAWS.

CAUTIONARY STATEMENT

Remsea Pte Ltd (“REMSEA”) is licensed under the Payment Services Singapore to carry on cross-border money transfer business. Please note that such licensing does NOT guarantee the performance of the money transfer licensee and customers take the risk of any losses suffered from the money transfer.

Our Terms and Conditions use the following definitions:

a.    “Payment Method” refers to the options available to the Sender to fund a money transfer through the Remsea Service, which may vary from country to country and may include bank card, bank account and other payment methods.

b.   “Prohibited Purpose” refers to any unlawful purpose; including but not limited to, making or receiving payments for gambling services, gambling chips or gambling credits; or sending a payment to yourself as the Receiver in order to evidence financial soundness (RISK OF FRAUD); or sending or receiving money on behalf of someone else.

c.   “Receiver” refers to the person named as the beneficiary of the money transfer (regardless as to whether this transfer was initiated by a Sender via the Remsea Service or by a person through another Remsea Money Transfer service);

d.    “Sender” refers to the person who initiated a money transfer through the Remsea Service;

e.   “Transaction” refers to every money transfer that You initiate through the Remsea Service;

f.   “Remsea”, “We”, “Our” or “Us” refers to Remsea Pte. Ltd. (“REMSEA”) and in regard to Clause 9 of the provisions to the agreement and in references made to “Negligence or Fraud on Our behalf” also includes Remsea affiliates or agents insofar as these assume operations which otherwise would have to be performed by Remsea in order to provide the Remsea Service. For the avoidance of doubt, all money transfer services in Singapore are provided by REMSEA;

g.     “Remsea Service” refers to money transfer services which We provide through the Remsea outlet, Remsea Website, Remsea automated kiosk or the Remsea Mobile Application;

h.     “Remsea Website” or “Website” refers to the Website which We operate in order to provide money transfer services and to the Remsea Mobile Application; and

i.   “You”, “Yours” or “Your” refers to every and any person using the Remsea Website as a Sender.

1.          ABOUT US

1.1.      The Remsea® Online Service is offered by Remsea Pte. Ltd. (“REMSEA”). REMSEA is a Singapore private limited company (Company registration number: 201725880E), with its registered office at 230 Victoria Street, Bugis Junction #15-00, Singapore 188024.

1.2.      Customers may obtain information about the addresses and hours of operation of the agents and local representatives by sending WhatsApp messages to this telephone number: +65 8399 6693. REMSEA can also be contacted by email sent to info@remsea.com.

1.3.      REMSEA is licensed by the Monetary Authority of Singapore under the Payment Services Act of Singapore, under Major Payment Institution license, to carry out cross border money transfer business in Singapore.

2.          OUR SERVICES

2.1.  Remsea Service offers money transfer services nationally and internationally. You must be at least 18 years old and resident in Singapore to use the Remsea Service. Each money transfer is given an individual transaction number, or Money Transfer Transaction Number (“MTTN”).

2.2.      By completing and consenting to the information required to make a money transfer and by accepting these Terms and Conditions, the Sender instructs REMSEA to execute a specific money transfer. Every individual money order constitutes a separate agreement between REMSEA and the Sender, which is limited to the execution of a specific money transfer. At no moment in time is a framework agreement concluded between Yourself and Us, which obliges Us to execute individual and subsequent money transfers. The Sender shall inform the Receiver of the money transfer accordingly.

2.3.      Subject to statutory or regulatory requirements, We undertake to make funds available for collection by the Receiver at the latest at the end of such day following the day on which the funds were received (“Day of Receipt”). The moment of receipt is such moment when We receive the funds to be transferred and the fees associated with said transfer. Account-based transfers generally take up to 5 business days, though mobile wallets are often available within minutes. For regular money transfers the funds are normally available for collection within minutes, subject to the business hours of the respective agent location. For some countries, the service may be delayed or other restrictions may apply. If You require further information, please contact the telephone number stated in Item 1.2 of these Terms and Conditions.

2.4.   The Remsea Service provides various options to receive funds including cash at an agent location, direct to a bank account or to a mobile phone, where available. Where  funds are to be paid out in cash the Receiver must provide adequate proof of his or her identity in addition to all transaction details required by Remsea, in particular the name of the Sender, the country from which the money was sent, the name of the Receiver, the approximate amount of money transferred and any and all other conditions and requirements that are mandatory for the funds to be paid out, such as the MTTN (Money Transfer Transaction Number). The payment of funds to be collected will be made to the Receiver that Remsea or its agent deems entitled to receiving the money following verification of the identification documents. Payments may even be effected if the transaction information provided by the Receiver contains minor mistakes. Neither Remsea nor its agents compare the address details of the Receiver. The Receiver may also be asked to answer a test question or both in order to receive the funds. Test questions do not constitute an additional security feature and cannot be used to time or delay the payment of a money transfer and are prohibited in certain countries. For transactions to a bank account or to a mobile phone Remsea will transfer the funds to the account information provided by the Sender. In the event of an inconsistency between the holder of the account number (including mobile phone numbers for mobile phone accounts) and the name of the intended Receiver, the transfer will be credited to the account number provided by the Sender.

2.5.      Applicable law prohibits money transmitters from doing business with certain individuals or countries; Remsea is required to screen all Transactions against lists of names provided by the governments of the countries and territories in which We do business, including the US Treasury Department’s Office of Foreign Assets Control (OFAC), the European Union and the Monetary Authority of Singapore. If a potential match is identified, Remsea researches the Transaction to determine if the name matched is indeed the individual on the relevant list. For this purpose, Remsea is entitled to request from the Sender or the designated Receiver additional details and proof of identification which may cause the Transaction to be delayed. This is a legal requirement for all Transactions processed by Remsea (including transfers that originate and terminate outside of the US). Remsea may, in certain circumstances also be required to freeze the amount of moneys received, where any refund of moneys received would constitute a violation of any applicable law (including regulations aimed at preventing fraud, money laundering or financing terrorism).

2.6.      Transfer Fees: Information explaining how Remsea charges the Sender for making a money transfer is available on the Remsea Website and is shown to the Sender prior to completion of the payment order. The specific transfer fees for a money transaction are indicated in the “Send Money Online” field at www.remsea.com. Simply select Your destination country, enter the amount to be transferred and click on “Calculate”. The Sender shall bear all fees due to complete the money transfer unless applicable law in the destination country requires otherwise. In certain cases money transfer payments may be subject to local taxes and service charges. The Receiver may incur additional fees for receiving the Sender’s funds through an account-based money transfer, a mobile telephone or to a bank account. Money transfers should be sent to a local (Receiver’s) currency account, otherwise the receiving institution (where the Receiver has his or her account) may convert the funds at its own exchange rate or may even reject the money transfer. The Receiver’s agreement with his or her mobile phone service provider, mobile wallet account provider or other account provider governs the account and determines their rights, obligations, applicable fees, funds availability and account limitations. In the event of an inconsistency between the holder of the account number (including mobile phone numbers for mobile phone accounts) and the name of the intended Receiver, the transfer will be credited to the account number provided by the Sender. Remsea may charge additional fees associated with the use of an account for sending or receiving a money transfer. Remsea does not assume any liability pertaining to costs which the Sender or any account holder incur in conjunction with the exchange rate used for the conversion into non-local currencies or for actions or omissions on behalf of the destination or interim financial services provider.

2.7.      Foreign exchange

a.         Money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in an alternative currency). All currency is converted at Remsea’s then current rate of exchange. Remsea calculates its rate of exchange based on commercially available interbank rates plus a margin. Most exchange rates are adjusted several times daily in line with the relevant closing rates of global financial markets. The exchange rate for a money transfer is indicated to You at www.remsea.com after selecting the destination country in the “Send Money Online” field, entering the amount that You intend to transfer and clicking on “Calculate”.

b.         The currency will be converted at the time of the transfer and the Receiver will receive the foreign currency amount shown during the transfer process. However, in some countries local regulations require money transfers to be converted only when they are paid out. If the Sender is sending the funds to one of these countries, the exchange rate noted above is only an estimate, and the actual exchange rate will be determined at the time of payment. Remsea agents may offer Receivers the choice to receive funds in a currency different from the one the Sender selected. In such instances, Remsea (or its agents, the mobile phone provider, or account provider) may collect additional money when they convert the Sender’s funds into the currency selected by the Receiver. If the Sender chooses a payment currency different from the national currency of the destination country, the payment currency chosen may not be available at all payment locations in that country, or may not be available in small enough denominations to pay all of the money transfer. In such cases, the paying agent may pay all or part of the Sender’s money transfer in national currency. Remsea’s exchange rate may be less favourable than some publicly reported commercial exchange rates used in transactions between banks or other financial institutions. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Remsea will be kept by Remsea (and, in some instances, its agents, mobile phone provider, or account provider) in addition to the transfer fees. Additional information about exchange rates for specific destination countries can be obtained by calling the toll-free telephone number listed below or from Our Website.

2.8.      SMS – Remsea may offer free SMS notification in some countries to indicate (to the Sender) that the transferred funds have been collected by the Receiver or that funds are available for collection (to the Receiver). Charges applied by the telephone service provider are the exclusive responsibility of the Sender or Receiver. Remsea is not responsible for any charges associated with SMS messages. If permitted by applicable law, the SMS will be sent to the Sender’s and/or the Receiver’s mobile number provided at the time of transaction. Remsea will send SMS messages to a gateway for forwarding, however forwarding is the responsibility of third parties, and cannot be guaranteed. Remsea is not responsible for technical malfunctions that occur outside of its proprietary systems.

3.          OUR RESPONSIBILITY TO YOU

3.1.      We declare Our willingness to provide to You the money transfer services and the respective information in accordance with these Terms and Conditions in the form of individual payments and to exercise reasonable care.

3.2.      We do not assume any liability for:

a.    goods or services which You pay for using the Remsea Service, and here in particular their delivery;
b.    malfunctions in communication facilities over which We have no control;
c.    the loss of data or the delay in transmissions caused by using an Internet service provider or a browser or other software over which We have no control;
d.    viruses originating from third parties;
e.     errors on the Remsea Site or with the Remsea Service that are the result of incomplete or wrong information that You or a third party provided;
f.    the unauthorised use or interception of information prior to reaching the Website; or
g.    the unauthorised use of or unauthorised access to data in conjunction with Yourself or Your Transactions which We process unless such use or such access is the result of negligence on Our behalf.

3.3.      We are under no obligation towards You to initiate or execute a money transfer if:

a.    We are unable to obtain sufficient evidence of Your identity;
b.    We have reason to believe that the Transaction information is incorrect, unauthorised or forged;
c.    You have provided Us with wrong or incomplete information or We do not receive Your Transaction information in a timely manner in order to guarantee the timely execution of the requested money transfer.

We do not assume any liability for loss or damages caused to You or any third party from the non-payment or late payment of a money transfer to a Receiver or if the Remsea Service fails or declines to execute a Transaction by reason of any of these matters.

3.4.      We have the right, in our sole discretion, to refuse to provide the Remsea Service to You either partially or in full or to cancel or suspend a Transaction if such use constitutes a violation against Remsea regulations (including regulations aimed at preventing fraud, money laundering or financing terrorism), these Terms and Conditions and/or against applicable law, a court order or requirements of a regulatory or government authority or any other body having jurisdiction over us or, if We consider such a step necessary to protect Our own interests. If We refused to provide the Remsea Service (partially or in full) to You for any of the above reasons, We will notify You accordingly if possible and give reasons for Our refusal unless We are prevented from doing so for legal reasons. It is a breach of these Terms and Conditions to use the Remsea Service for any Prohibited Purpose.

3.5.      We may, in our absolute discretion, impose limits on the Transaction amount, either on a per Transaction basis or on an aggregated basis.

3.6.      We are entitled to either partially or fully cease operating the Remsea Website or the Remsea Service if circumstances that are beyond Our control compel Us to take such action and which We therefore consider appropriate (“Force Majeure”). If the services provided on the Remsea Website or by the Remsea Service should be interrupted for whatever reason (whether by Us, a third-party provider or in any other manner), We shall take adequate measures to keep the duration of this interruption as short as possible.

3.7.      Our communication with You is normally conducted via the Internet and by e-mail. However, this has no effect on Your right to contact Us in any other form (see clause 1.2 above) if circumstances require this.

4.          YOUR RESPONSIBILITY TOWARDS US

4.1.      You agree and declare that You will pay to Us Our fees (see also Item 2.6 above) for every money transfer which You initiate via the Remsea Service.

4.2.      You must settle the basic amount of a money transfer plus Our fees with a Bank Card or from Your bank account (insofar as Remsea permits an account-based money transfer). You consent to the basic amount of the money transfer plus Our fees for the respective Transaction being cleared by Your Card Issuer, or that this amount is transferred from Your bank account, to Us, prior to Us executing the transfer or any other Transaction. Prior to the final authorisation of the Transaction You will be notified of the precise amount which We will clear with Your Card Issuer or which We will debit from Your bank account.

4.3.      You consent to and acknowledge the following:

a.    The information provided in order to effect an online money transfer is true, accurate, current and complete;

b.    You will provide Us with any identity, verification or further information or documents as may be requested by Us;

c.    You must share the transaction data (amount of money, Your name, Your country, name of Receiver and MTTN) with the Receiver only. You are obligated to ensure that no third party can gain unauthorised access to this information. We recommend that You transfer money only to beneficiaries that You know personally;

d.    You shall not provide false, inaccurate or misleading information;

e.    You shall not use any anonymizing tool that attempts to make your activities untraceable;

f.     You shall not use the Remsea Service for Prohibited Purposes;

g.    Within the framework of the Remsea Service You will not request money transfers which violate these Terms and Conditions or any other restrictions of use or terms of use as set forth on the Remsea Website; and

h.    You are personally responsible for keeping Your password and Your username safe, pursuant to Clause 6 below.

4.4.      In the event of loss, theft, copy or the misuse of the transaction data (see above Item 4.3.b) You must immediately call +65 8399 6693 and notify Us. Until the moment when Remsea has been notified You will be liable to Us for damages resulting from the improper use of the transaction data if You have passed such information to any person other than the Receiver of the money payment or if You have facilitated the improper use of the payment instrument with fraudulent intent or violated Your duty of care intentionally or with gross negligence. Upon receipt of the notification by Remsea You are released of any further liability unless You contributed towards the misuse with the intent to defraud. You shall equally notify Us immediately upon learning of a money transfer which You did not authorise or which was executed erroneously.

4.5.      You consent to and acknowledge that We may forward any particulars about You and the Receiver and about the services that We provided to You if necessary to regulatory or government authorities or their bodies if:

a.       we are obligated by law to do so; or

b.       we are of the opinion that such a disclosure may assist in the prevention of fraud, money laundering or other crimes.

4.6.      It is your responsibility to ensure all details are accurate before you submit a Transaction request. Once a Transaction request has been submitted, it is not normally possible to amend details of that request. You will have the opportunity to review and confirm all Transaction details before submission.

5.          CUSTOMER SERVICE

If You detect errors or encounter problems on the Remsea Website or with the Remsea Service, please contact Us by e-mail or by telephone (for contact information see Item 1.2) or by using the Contact Us section of the Website

6.          PASSWORD AND SECURITY

Prior to the first money transfer order You will be asked to provide a password and a valid e-mail address as Your username. The password and the username must not be used by any other person than Yourself. It is Your responsibility to keep Your password and Your username safe as well as all Transactions carried out using Your password or Your username. NEVER SHARE YOUR PASSWORD WITH ANYBODY AND DO NOT WRITE IT DOWN ANYWHERE! You consent to notifying Us immediately of any unauthorised use of Your password or of Your username or of any other breach of security, by telephone at +65 8399 6693. Once You have informed Us of the unauthorised use of Your password or Your username We will immediate take all the necessary steps to prevent any further use of this information. Prompting these steps does not make Us liable for any loss or damage that are the result of Your failure to comply with Your duty in accordance with this paragraph. However, You might be entitled to the reimbursement or credit of a certain amount from Your Card Issuer if Your Bank Card or Your bank account were used in a fraudulent manner.

DISCLOSING INFORMATION TO THIRD PARTIES

7.1.      Remsea will use and process your personal information as described in Our Privacy Statement and you explicitly consent thereto. Click here for Our Privacy Statement. We are entitled to amend Our Privacy Statement at any time.

8.          LIABILITY

8.1.      We are liable to You for the proper execution of the money transfer order in accordance with these Terms and Conditions. This means that we will refund the amount to be transferred and the service fees plus default interest as stipulated by law to You if a money transfer failed or was faulty. Insofar as You did not authorise a money transfer order We shall equally refund the amount that You were charged. The requirement for Our refund liability is, however, that You did not disclose the transaction details pursuant to Item 4.3.c of these Terms and Conditions to third parties and immediately informed Us pursuant to Item 4.4 of these Terms and Conditions as soon as You learned of the loss, theft, copying or misuse of the transaction data in respect of the unauthorised or failed execution of a money transfer order.

8.2.      We assume liability for the execution of a money transfer order in the event of the fault of an employee or vicarious agent acting on Our behalf, pursuant to the provisions set forth under Singapore law. The liability of Remsea, Remsea affiliates and foreign agents is excluded for cases of negligence. This exclusion does not apply in the case of death, bodily injury or impairment of health, nor in the case of violating major contractual obligations. In the case of violating ancillary contractual obligations through negligence Our liability is limited to replacing the typical and reasonably foreseeable damage up to the maximum amount of SGD 500 (in addition to the transferred amount and the fees charged).

8.3.      Every claim for damages which You assert must be substantiated with the full available and relevant documentation.

8.4.      Subject to applicable law, in any event We do not assume liability for damage that is due to any unusual and unforeseeable events over which Remsea has no control and whose consequences, in spite of exercising due care, Remsea could not have avoided (caused, for example by Force Majeure, failure of telecommunication lines, civil unrest, war or other events such as industrial action or lockouts over which We have no control). This applies equally to cases in which Remsea is bound by any applicable Singapore legislation, national, court, administrative or regulatory orders stating otherwise.

8.5.      Except in cases of wilful misconduct, gross negligence, death or personal injury You consent to no Remsea affiliate owing You any duty of care when such an affiliate assumes tasks which otherwise would have to be executed by Remsea in accordance with their contractual relationship with You.

8.6.      Neither are You liable to Us, nor is Remsea liable to You for damage caused by the proper exercise of Your or Our rights pursuant to these Terms and Conditions.

8.7.      Remsea does not guarantee the delivery or suitability of any goods or services paid for by means of a Remsea money transfer. The Sender’s transaction data is confidential to him and should not be shared with any other person other than the Receiver. The Sender is cautioned against sending money to any person he does not know. In no event shall Remsea be liable if the Sender communicates transactional data to any person other than the Receiver. Subject to applicable law, in any event Remsea shall not be liable for any indirect, special, incidental, or consequential damages. The foregoing disclaimer shall not limit Remsea’s liability for damages resulting from Remsea’s gross negligence or intentional misconduct in those jurisdictions where such a limitation of liability is void.

9.          INTELLECTUAL PROPERTY

The Remsea Website and the Remsea Service, their content and all intellectual property pertaining thereto and contained therein (including copyrights, patents, database rights, trademarks and service marks) are the property of Remsea, of Remsea affiliates or of third parties. All rights to the Remsea Website and the Remsea Service remain Our property and/or the property of the third party. The Remsea Website and the Remsea Service must be used only for the purposes permitted by these Terms and Conditions or as described on the Website. You are exclusively entitled to display and save a copy of the pages of the Remsea Website for Your personal use. Without Our express written approval You are not entitled to duplicate, publish or modify the Remsea Website, the Remsea Service or parts thereof, or to create derivative works from the same, to participate in their assignment or sale, to publish them in the World Wide Web or use them in any other form for any public or commercial purpose. You are not entitled: (a) to use a robot, spider, scraper or any other automated programme to access the Remsea Website or the Remsea Service, and/or (b) remove or modify information related to copyrights and trademarks or proprietary information published on the Remsea Website (or printed pages of the Website). The name Remsea and all other names as well as proprietary designations of Remsea products and/or services named on the Remsea Website are exclusive brands of Remsea or of other third parties. Other product, service or company designations appearing on the Website may be the trademarks of their respective owners.

10.       LINKS TO OTHER WEBSITES

The Remsea Website may contain links and pointers to other World Wide Web Internet sites and resources (the “Linked Sites”). Links to any Linked Site do not constitute an endorsement by Us or Our association with any third party resources or their contents. Links do not imply that Remsea is affiliated or associated with third parties or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a link, or that any Linked Sites are authorised to use any trademark, trade name, logo or copyright symbol of Remsea. You should direct any concerns regarding any Linked Site to such Linked Site’s site administrator or webmaster. Remsea does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You hereby acknowledge that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at Your sole risk.

11.     RIGHT TO RESCIND OR CANCEL A MONEY TRANSFER

11.1.   You have the right to rescind a money transfer order issued through the Remsea Website within 14 days. The rescission must be declared to Us expressly and in writing by e-mail or by mail. However, this right of rescission does not apply if We have already paid out the funds to the Receiver before We received Your notice of rescission. When exercising Your right of rescission prior to Our having paid out the funds to the Receiver, We will refund the amount of the transfer to You and do not charge any fees.

11.2.   You may rescind a money transfer order in writing by e-mail or mail sent to Us provided that We have not as yet paid out the funds to the Receiver prior to receiving Your notice of rescission. In this case We will refund to You the amount of the money transfer at the Remsea exchange rate valid at the moment of the refund, however at least at the nominal value of the transfer amount insofar as the funds have not been paid out to the Receiver within 45 days. In this case the transfer fees will not be refunded. If We do not make the funds available for collection by the Receiver within three business days, We will refund in the event of Your justified notice of rescission the amount of the money transfer plus all transfer fees paid (subject to statutory or regulatory restrictions).

12.       ENTIRE AGREEMENT

These Terms and Conditions, jointly with all other contractual items referred to in these Terms and Conditions, constitute the entire agreement between You and Us and supersede any prior agreements which may exist between You and Us.

13.       SEVERABILITY CLAUSE
If one or several of the provisions to these Terms and Conditions are invalid, unlawful or unenforceable, then this does not affect the validity of the remaining provisions.

14.       NO WAIVER
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

15.       MODIFICATION
We may modify these Terms and Conditions from time to time without notice to You, except as may be required by law. You can review the most current version of the Terms and Conditions at any time by reviewing Our Website. You may terminate your use of the Remsea Service if you do not agree with any modification or amendment. If you use the Remsea Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification.

16.       THIRD PARTY RIGHTS
A person who is not a party to any agreement governed by these Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore.

17.       ASSIGNMENT
We shall have the right to assign and transfer these Terms and Conditions (including all of Our rights, titles, benefits, interests, and obligations and duties in these Terms and Conditions) to any of Our affiliates and to and to any successor in interest. We may delegate any of Our rights and responsibilities under these Terms and Conditions to our affiliates, independent contractors or third parties. You may not assign, in whole or in part, these Terms and Conditions to any person or entity.

18.       COMPLAINTS, APPLICABLE LAW, JURISDICTION

18.1.   If you wish to make a complaint about the Remsea Service, please send your complaint by email to info@remsea.com.

18.2.   These Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of Singapore and the parties submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

Last Revised June 2022

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