Membership Terms & Conditions

AGREED TERMS

  1. THESE TERMS
    1. These are the terms and conditions governing your annual membership of the EBII Group Limited’s African Compliance Hub: https://africacompliancehub.com (ACH), which you agree to join as a member (Member, and the term Membership shall be construed accordingly) in order to receive the membership benefits, set out in these terms.
    2. Please read these terms and conditions carefully before you submit your membership application. These terms tell you how EBII Group Limited will provide the membership benefits to you, how you and we may change or end the membership contract, what to do if there is a problem or you have a complaint and other important information. Your attention is particularly drawn to the provisions of clause 11 (limitation of liability). We recommend that you print a copy of these terms for future reference.
    3. We will review these terms on a regular basis and may amend or change them from time to time. Any changes will be notified on the ACH – https://africacompliancehub.com.
    4. These terms were most recently updated on 20 April 2021.
    5. Disclaimer. By joining the ACH as a Member you may, from time to time, meet and/or be introduced to other members or affiliates (Third Party, and the term Third Parties shall be construed accordingly) who offer products and/or services which may be of use to you. We do not act as agent to introduce: (a) members to Third Parties; and/or (b) products and/or services, and we do not accept any liability for products or services sold and/or advice or assistance given by a Third Party to another member or affiliate on any matter whatsoever. If you decide to purchase any product and/or service or take any advice and/or assistance from a Third Party of ACH, this will be an arrangement solely and directly between yourself and the Third Party.
  2. WHO WE ARE AND HOW TO CONTACT US
    1. EBII GROUP LIMITED (company number 11739216) (collectively referred to as EBII, we, us and our) is a company registered in England and Wales and our registered office is at Buxton Court, 3 West Way, Oxford, England, OX2 0JB. Our VAT number is 323 1271 47.
    2. We operate the African Compliance Hub: https://africacompliancehub.comhttps://www.ebiigroup.com/events/africa-compliance-hub-membership-portal/.
    3. To contact us, telephone +44 (0) 207 101 0772 or email us at [email protected]. How to give us formal notice of any matter under the Membership Contract is set out under clause 14.5 below.
    4. When we use the words “writing” or “written” in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU

These terms and conditions (Terms) apply to the membership application by you and the supply of Membership Benefits by us to you (Membership Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

  1. APPLYING FOR MEMBERSHIP AND ITS ACCEPTANCE
    1. Membership Categories. There are three categories of membership:
      1. Individual Membership – please submit your membership application in accordance with clause 4.3;
      2. Corporate Membership – please enquire and submit your membership application in accordance with clause 4.3.2; and
      3. Free Membership – please submit your membership application in accordance with clause 4.3.
    2. Business Membership. For the avoidance of doubt, we deem that any membership application that you submit to us for membership under this agreement is for your commercial or business use. By submitting your membership application, you confirm that you are making a membership application for the purposes of your business, trade or profession.  
    3. Submitting your membership application. Please either:
      1. submit your application online by following the onscreen prompts at https://africacompliancehub.com; or
      2. email us at [email protected] to obtain a membership application form and return the completed membership application form to [email protected],

to submit your membership application (Membership Application). You may only submit a membership application using the method set out at clauses 4.3.1 and 4.3.2. Each Membership Application is an offer by you to buy and access our ACH membership programme, subject to these Terms.

  1. Correcting input errors. Our Membership Application process allows you to check and amend any errors before submitting your Membership Application to us. Please check the Membership Application carefully before submitting it. You are responsible for ensuring that the information in the Membership Application is complete and accurate.
  2. Acknowledging receipt of your membership application. After you place your Membership Application, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your Membership Application has been accepted. Our acceptance of your Membership Application will take place as described in clause 4.6.
  3. Accepting your membership. Our acceptance of your Membership Application is at our sole discretion and takes place when we send an email to you to accept it (Membership Confirmation), at which point and on which date (Commencement Date) the Membership Contract between you and us will come into existence.
  4. If we cannot accept your membership application. If we are unable to accept your Membership Application and supply you with the Membership Benefits for any reason, we will inform you of this by email and we will not process your Membership Application or charge you the Joining Fee.
  5. Term. The Membership Contract shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with clause 12, for a period of twelve (12) months (Initial Term) when it shall, subject to clause 4.9, automatically terminate without further notice. 
  6. Term Extension. The Initial Term (or Extended Term) shall be extended for a further period of twelve (12) months from the date immediately following the end of the Initial Term (or Extended Term) if your Membership is renewed under the Membership Contract in accordance with clause 4.10 (Extended Term).
  7. Membership Renewal. We may, from time to time, before the Initial Term (or Extended Term) terminates issue you with a renewal notice and an electronic invoice. Any quotation for the Joining Fee for the Extended Term given by us in the renewal notice and the electronic invoice shall not constitute an offer and, unless withdrawn by us in our absolute discretion or the Initial Term (or Extended Term) has expired or the Membership Contract has been terminated for any reason, the quotation is only valid for a period of 14 days from its date of issue, after which time our quotation is subject to revision in our absolute discretion and we shall notify you of any changes in writing. If you wish to extend this Membership Contract beyond the expiry of the Initial Term (or Extended Term) then successful payment of the Joining Fee for the Membership Benefits for the Extended Term is required to be made in accordance with clause 7. Should you not renew your Membership under the Membership Contract before the end of the Initial Term (or Extended Term) then the Membership Contract shall automatically terminate without further notice.  
  1. MEMBERSHIP BENEFITS
    1. Membership of the ACH will provide you with a wide range of benefits, including those benefits, which may be updated from time to time in accordance with clause 5.2, that are annexed to these Terms at Annexure 1 (Membership Benefits).
    2. We reserve the right to add, change, amend or withdraw any or any right or part of the Membership Benefits that apply to your Membership at any time and such amendment shall not give rise to any liability for refund of the Joining Fee paid or require any additional fee to be paid. We will notify you in advance of any such amendment to the Membership Benefits.
    3. Any descriptions or illustrations on the ACH are published for the sole purpose of giving an approximate idea of the Membership Benefits described in them. They will not form part of the Membership Contract or have any contractual force.
    4. We warrant to you that the Membership Benefits will be provided to you using reasonable care and skill.
    5. We will use all reasonable endeavours to meet any performance dates as may be specified from time to time in connection with your Membership Benefits, but any such dates are estimates only and failure to perform any or any part of the Membership Benefits by such dates will not give you the right to terminate the Membership Contract.
  2. YOUR OBLIGATIONS
    1. At all times when exercising your rights and obligations under the Membership Contract and these Terms, you must:
      1. ensure that the terms of your Membership Application are complete and accurate. Please keep us informed if any terms in your Membership Application changes during your relationship with us (for more information on how we may process your personal information please see clause 10);
      2. ensure that you cooperate with us in all matters relating to the Membership Benefits;
      3. ensure that you provide us with such information and materials we may reasonably require in order to supply the Membership Benefits, and ensure that such information is complete and accurate in all material respects;
      4. ensure that you comply with all applicable laws, statutes, regulations and codes from time to time in force (Applicable Laws), including all Applicable Laws relating health and safety, anti-bribery and anti-corruption including but not limited to the Bribery Act 2010, and the prevention of fraud, money laundering and terrorist financing;
      5. not use the ACH in a manner which does not comply with ACH’s Website Terms of Use and Acceptable Use Policy in force from time to time;
      6. not use the ACH to advertise or promote your business or any goods or services or web links to other sites;
      7. not use the ACH in any manner which:
        1. we reasonably consider to be immoral, unethical or against our values;
        2. discriminates against another person based on race, sex, religion, nationality, disability, sexual orientation or age; or
        3. infringes (or encourages or assists any third party to infringe) the copyright, trade mark or any other intellectual property rights of any third party.
    2. If our ability to perform the Membership Benefits is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
      1. we will be entitled to suspend performance of the Membership Benefits until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Membership Benefits, in each case to the extent Your Default prevents or delays performance of the Membership Benefits. In certain circumstances Your Default may entitle us to terminate the Membership Contract under clause 12;
      2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Membership Benefits; and
      3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  3. PRICE AND PAYMENT
    1. Details about the annual membership fees are set out on https://africacompliancehub.com/ under the tab Membership – Become a member, in respect of the selected membership type, subject to any increases pursuant to clause 7.2 (Joining Fee). 
    2. Our Joining Fee may change from time to time, but changes will not affect any Membership Application that you have already placed for the Initial Term. We reserve the right to change the Joining Fee for an Extended Term as set in these Terms. 
    3. You shall pay, and shall be liable for payment of, the Joining Fee in advance as follows:
      1. in relation to the Initial Term, after we have acknowledged receipt of your Membership Application in accordance with clause 4.5, had a reasonable opportunity to consider your Membership Application, and subject to us not providing notice under clause 4.7 that we cannot accept your Membership Application, we will send you an electronic invoice. We will take your Joining Fee upon acceptance of your Membership Application; or
      2. in relation to the Extended Term, if you opt to renew your Membership in accordance with clause 4.10, we will send you an electronic invoice before the Initial Term (or Extended Term) terminates. We will take your Joining Fee seven (7) days prior to the expiry of the Initial Term (or Extended Term). 
    4. The Joining Fee shall be paid in sterling either:
      1. by using a debit card or credit card. Online payments are processed through the third-party provider Stripe. The following cards are accepted: Visa, Mastercard, American Express and Discover; or
      2. by bank transfer to the credit of a bank account to be designated in writing by us, details of which will be included on the electronic invoice.
    5. Our Joining Fee is exclusive of VAT. Where VAT is payable in respect of our Joining Fee you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Joining Fee.
    6. You shall pay all amounts due under the Membership Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    7. No discounts or refunds of the Joining Fee shall be made if you fail to exercise or receive any of the rights or services to which you are entitled during the term of your Membership.
    8. For details on how we may process your personal information please see clause 10.
  4. CANCELLING YOUR MEMBERSHIP APPLICATION AND OBTAINING A REFUND
    1. You may cancel the Membership Contract and receive a refund, if you notify us as set out in clause 8.2 within fourteen (14) days of your receipt of the Membership Confirmation (Cancellation Period). Subject to clause 8.5, we will not refund any or any part of the Joining Fee after this time. 
    2. To end your Membership and to cancel the Membership Contract, please let us know by doing one of the following:
      1. Online. Complete the form on our website https://africacompliancehub.com. A link to the website cancellation form will be included in our Membership Confirmation. We will email you to confirm we have received your cancellation; or
      2. Email. email us at [email protected]. Please include details of your Membership Application to help us to identify it,

if you send us your cancellation notice by email, then your cancellation notice will be deemed received in accordance with clause 14.5 below.

  1. If you cancel the Membership Contract in accordance with clause 8.1, we will refund you in full for the price you paid for the Membership Benefits, by the method you used for payment. We may deduct from any refund an amount for the supply of the Membership Benefits provided for the period up to the time when you gave notice of cancellation in accordance with clause 8.2. The amount we deduct will reflect the amount that has been supplied as a proportion of the entirety of the Membership Contract.
  2. We will make any refunds due to you as soon as possible, and in any event within fourteen (14) days of your telling us that you have changed your mind.
  3. If you cancel the Membership Contract in accordance with clause 8.2 at any time after the Cancellation Period due to a genuine dispute of the Membership Contract in good faith, we shall negotiate in good faith and endeavour to resolve all matters in dispute as soon as practicable, and in our absolute reasonable opinion we may notify you in writing of our agreement to refund a fair and reasonable apportionment of the Joining Fee for the respective Initial Term (or Extended Term) by the method you used for payment. We will make any refund under this clause 8.5 as soon as possible, and in any event within fourteen (14) days of our notice to issue a refund under this clause 8.5. 
  4. Subject to clause 8.3, you will not be entitled to a refund of any sums paid under this Membership Contract in the event of termination. 
  1. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property rights in or arising out of or in connection with the Membership Benefits will be owned by us and/or our licensors.
  2. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. We will use any personal information you provide to us to:
      1. provide the Membership Benefits;
      2. process your Joining Fee payment for the Membership Benefits; and
      3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
    2. We will process your personal information in accordance with our Privacy and Cookies Policy, the terms of which are incorporated into this Membership Contract.
  3. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
    1. We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
    2. Nothing in the Membership Contract limits any liability which cannot legally be limited, including liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    3. Subject to clause 11.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Membership Contract for:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. any indirect or consequential loss.
    4. Subject to clause 11.2, our total liability to you arising under or in connection with the Membership Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 50% of the total Joining Fee paid under the Membership Contract in the respective Initial Term (or Extended Term).
    5. Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire one (1) month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    6. Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Terms of Use.
    7. This clause 11 will survive termination of the Membership Contract.
  4. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL
    1. Termination. Without limiting any of our other rights, we may suspend the performance of the Membership Benefits, or terminate the Membership Contract with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Membership Contract and (if such a breach is remediable) fail to remedy that breach within thirty (30) days of you being notified in writing to do so;
      2. you fail to pay any amount due under the Membership Contract on the due date for payment;
      3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
      5. there is a change of control of the Member; or
      6. your Membership with us is, in our reasonable opinion, likely to damage our reputation and goodwill and/ or the reputation and goodwill associated with us or the ACH.
    2. For the purposes of clause 12.1.1 material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which we would otherwise derive from:
      1. a substantial portion of this agreement; or
      2. any of the obligations set out in clauses 6.1.1, 6.1.4, 6.1.5 and 6.1.7,

over the term of this agreement. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.

  1. CONSEQUENCES OF TERMINATION.
    1. On termination of the Membership Contract between you and us all of your rights under this Membership Contract will terminate and cease with immediate effect including all rights and licences granted pursuant to this agreement shall cease, your rights and access to the Membership Benefits and the ACH including the membership portal.
    2. Termination of the Membership Contract will not affect your or our rights and remedies that have accrued as at termination.
    3. Survival. Any provision of the Membership Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  2. GENERAL
    1. Queries and Complaints. If you have any questions or complaints about your Membership or the rights, services or Membership Benefits being provided, please contact us. You can telephone us +44 (0) 207 101 0772 or email us at [email protected].
    2. Confidentiality
      1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 14.2.2.
      2. Each party may disclose the other party’s confidential information:
        1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Membership Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 14.2; and
        2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
      3. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Membership Contract.
    3. Announcements. No party shall make, or permit any person to make, any public announcement concerning the existence, subject matter or terms of this Membership Contract, the wider transactions contemplated by it, or the relationship between the parties, without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
    4. Events outside our control
      1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Membership Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
      2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Membership Contract:
        1. we will contact you as soon as reasonably possible to notify you; and
        2. our obligations under the Membership Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of any or any part of the Membership Benefits with you after the Event Outside Our Control is over.
      3. You may cancel the Membership Contract affected by an Event Outside Our Control which has continued for more than sixty (60) days. To cancel please contact us. You can telephone us +44 (0) 207 101 0772 or email us at [email protected]. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing any or any part of the Membership Benefits up to the date of the occurrence of the Event Outside Our Control.
    5. Communications between us
      1. Where we need to communicate with you or give you notice under or in connection with this Membership Contract we will do so by writing to you at the postal address or email address you provided to us in your Membership Application.
      2. Any notice or other communication given under or in connection with the Membership Contract must be in writing and in English and shall be: 
        1. delivered personally; 
        2. sent by UK pre-paid first class post or other UK next working day delivery service at our registered office;  
        3. sent by pre-paid airmail; or
        4. sent by email to [email protected].
      3. A notice or other communication is deemed to have been received:
        1. if delivered personally, on signature of a delivery receipt;
        2. if sent by UK pre-paid first class post or other UK next working day delivery service, at 9.00 am (GMT) on the second working day after posting; 
        3. if sent by pre-paid airmail providing proof of delivery, at 9.00am (GMT) on the fifth working day after posting; or
        4. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 14.5.3.4 business hours means 9.00am to 5.00pm (GMT) Monday to Friday on a day that is not a public holiday in the place of receipt.
      4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
      5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
      6. In this clause 14.5 working day means  a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
    6. Entire agreement. The Membership Contract constitutes the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty (whether made innocently or negligently) that is not set out in the Membership Contract and you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
    7. Assignment and transfer
      1. We may assign or transfer our rights and obligations under the Membership Contract to another entity but will always notify you in writing or by posting on the ACH if this happens.
      2. You may only assign or transfer your rights or your obligations under the Membership Contract to another person if we agree in writing.
    8. Waiver. If we do not insist that you perform any of your obligations under the Membership Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    9. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    10. Third party rights. The Membership Contract is between you and us. No other person has any rights to enforce any of its terms.
    11. Governing law and jurisdiction. This Membership Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law and we each irrevocably agree to submit all disputes or claims (including non-contractual disputes or claims) arising out of or in connection with the Membership Contract to the exclusive jurisdiction of the English courts.

Annexure 1

  1. THE AFRICAN COMPLIANCE HUB MEMBERSHIP BENEFITS

The African Compliance hub: The Africa Compliance Hub (ACH) is the latest innovation from the EBII Group. The ACH provides the following benefits:

  1. Webinars: Discussion/Q&A sessions with foreign investors, regulators, and experts on investing in Africa and meeting due diligence requirements.
  1. Expert Advice: Working with local and international legal, strategic partners to answer your questions.
  1. Provide key insight:
  • Investment trends per industry in Africa
  • Information on Investment hotspots (Countries)
  • Banking and trade repository
  • Regulatory updates
  • News on relevant high profile cases
  • Expert content and best practices papers
  • Quarterly compliance magazine

The platform will help African firms better understand, manage and mitigate the risk and compliance expectations of ‘western’ companies and investors, making them attractive to foreign investors. Foreign investors will understand the African market better, enabling them to make better investment decisions. Our current ACH strategic partners include Oxford Africa Business Alliance and Gambia investment and export promotion agency.

Added Value to your Organisation

  • Understand and stay up to date with requirements under the relevant compliance regimes, regulatory updates, news on relevant high profile cases, expert content and best practices papers across industries and jurisdictions: this will include financial crime compliance; environmental, social and governance (ESG) risk; regulatory compliance; and much more whilst considering COVID19 implications.
  • The hub provides several opportunities for staff training and awareness.
  • Benchmark firm’s compliance programme and identify critical gaps and solutions. Compare existing compliance processes with industry best practices. 
  • Gain access to industry experts.

Free membership benefits

View 10min teaser videos, promotional contents and access to bi-weekly newsletters.

Paid membership benefits

Banking Compliance Regulatory RepositoryA gateway to repositories of relevant regulators, compliance regulations and standards across all 54 African countries.
Tailored Publications and ProductsBi-weekly Newsletter: Regulatory developments, high profile cases, expert insight.
Content opportunities: expert content by EBII Group and its strategic partners. Posts by ACH members are subject to approval. Members can access new and interesting opportunities and read the latest thought leadership.
Quarterly Compliance Magazine which illuminates on thematic issues within the compliance industry.
Member DiscountsExclusive discounts on EBII’s Annual Africa Investment Risk and Compliance Summit (AIRC).
Discounts on advertising opportunities.
Discounts on all EBII’s training programs.
Monthly forumBe part of a community that meets regularly to discuss relevant compliance topics.
Networking OpportunitiesOpportunity to network with other experts and like minded people.
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