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Please read these terms of use carefully by accessing or using this

online platform, you agree to be bound by the terms described herein

and all terms incorporated by reference. If you do not agree to all of

these terms, do not use this online platform.

About Healkit Website

1. The domain name www.healkit.in/uk , an online portal, is owned and

operated by Ambitross Private Limited, a company duly incorporated

under the provisions of the Companies Act, 2013 (hereinafter referred

to as “Healkit” or “We” or “Our” or “Us”). The domain name and the

mobile applications are collectively referred to as the “Website”.

2. Your access or use of the Website, transactions on the Website and

use of Services (as defined hereinbelow) hosted or managed remotely

through the Website, are governed by the following terms and

conditions (hereinafter referred to as the Terms of Use”), including the

applicable policies which are incorporated herein by way of reference.

These Terms of Use constitute a legal and binding contract between

you (hereinafter referred to as “You” or “Your” or the “User”) on one

part and Ambitross Private Limited on the other Part.

3. By accessing, browsing or in any way transacting on the Website,

or availing any Services, You signify your agreement to bound by

these Terms of Use. Further, by impliedly or expressly accepting

these Terms of Use, you also accept and agree to be bound by Our

policies, including the Privacy Policy (as set out in Part B

hereinbelow), and such other rules, guidelines, policies, terms and

conditions as are relevant under the applicable law(s) in India and

other jurisdictions for the purposes of accessing, browsing or

transacting on the Website, or availing any of the Services, and such

rules, guidelines, policies, terms, and conditions shall be deemed to

be incorporated into, and considered as part and parcel of these

Terms of Use. However, if You navigate away from the Website to a

third party website, You may be subject to alternative terms and

conditions of use and privacy policy, as may be specified on such a

website. In such an event, the terms and conditions of use and privacy

policy applicable to that website will govern Your use of that website.

 

4. This Website is a platform that facilitates (i) online purchase of

pharmaceutical products sold by various third party vendors and

manufactures (“Third Party Vendors”); (ii) online advertisements of

various sponsors advertising and marketing their own good and

services (“Third Party Advertisers”). The Third-Party Vendors and the

Third-Party Advertisers are collectively referred to as the “Third Party

Service Providers”. Further this Website also serves as an information

platform providing health and wellness related information to the

Users accessing the Website (The services of Third Party Services

Provider and the information services is collectively referred to as the

“Services”).

5. The arrangement between the Third Party Service Providers, You

and Us shall be governed in accordance with these Terms of Use. The

Services would be made available to such natural persons who have

agreed to use the Website after obtaining due registration, in

accordance with the procedure as determined by Us, from time to

time, (referred to as “You” or “Your” or “Yourself” or “User”, which

terms shall also include natural persons who are accessing the

Website merely as visitors). The Services are offered to You through

various modes which shall include the issue of discount coupons and

vouchers that can be redeemed for various goods/ services offered for

sale by relevant Third Party Service Providers. To facilitate the relation

between You and the Third Party Service Providers through the

Website, Healkit website shall send to You (promotional content

including but not limited to emailers, notifications and messages).

6. You agree and acknowledge that the Website is an online platform

that You and Third Party Service Providers utilize to meet and interact

with another for their transactions. Healkit website is not and cannot

be a party to or save as except as may be provided in these Terms of

Use, control in any manner, any transaction between You and the

Third Party Service Providers.

7.Ambitross Pvt Ltd. reserves the right to change or modify these

Terms of Use or any policy or guideline of the Website including the

Privacy Policy, at any time and in its sole discretion. Any changes or

modifications will be effective immediately upon posting the revisions

on the Website and You waive any right You may have to receive

 

specific notice of such changes or modifications. Your continued use

of this Website will confirm your acceptance of such changes or

modifications; therefore, You should frequently review these Terms of

Use and applicable policies to understand the terms and conditions

that apply to Your for use of this Website.

8. As a condition to Your use of this Website, You must be 18

(eighteen) years of age or older to use or visit the Website in any

manner. By visiting this Website or accepting these Terms of Use,

You represent and warrant to Ambitross private limited that You are

18 (eighteen) years of age or older and that You have the right,

authority and capacity to use the Website and agree to and abide by

these Terms of Use.

9. These Terms of Use is published in compliance of, and is governed

by the provisions of Indian laws, including but limited to:

the Indian Contract Act, 1872 (“Contract Act”);

the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules,

regulations, guidelines, and clarifications framed thereunder, including

the (Indian) Information Technology (Reasonable Security Practices

and Procedures and Sensitive Personal Information) Rules, 2011, and

the (Indian) Information Technology (Intermediaries Guidelines) Rules,

2011 (“IG Guidelines”);

the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs

and Cosmetics Rules, 1945 (“Drugs Rules”);

the Drugs and Magic Remedies (Objectionable Advertisements) Act,

1954 (“Drugs and Magic Act”);

The Indian Medical Council Act, 1956 read with the Indian Medical

Council Rules, 1957;

Pharmacy Act, 1948 (“Pharmacy Act”) and

the Consumer Protection Act, 1986.

 

10.Ambitross private limited authorize You to view and access the

content available on the www.healkit.in/uk Website solely for the

purposes of availing the Services, such as visiting, using, ordering,

receiving, delivering and communicating only as per these Terms of

Use. The contents on this Website including information, text,

graphics, images, logos, button icons, software code, design, and the

collection, arrangement, and assembly of content, contains Third

Party Service Providers’ content (“Third Party Content”) as well as in-

house content provided by Ambitross private limited including without

limitation, text, copy, audio, video, photographs, illustrations, graphics

and other visuals (“Healkit Content”) (collectively, “Content”). The

Healkit website & Content is the property of Ambitross Pvt Ltd and is

protected under copyright, trademark and other applicable law(s). You

shall not modify the Healkit website Content or reproduce, display,

publicly perform, distribute, or otherwise use the Healkit Content in

any way for any public or commercial purpose or for personal gain.

11. Compliance with these Terms of Use would entitle You to a

personal, non-exclusive, non-transferable, limited privilege to access

and transact on the Website.

12. These Terms of Use constitute an electronic record in terms of the

IT Act and rules framed thereunder, as applicable and amended from

time to time. This electronic record is generated by a computer system

and does not require any physical or digital signatures.

2. USER’S ELIGIBILITY

2.1Ambitross Pvt Ltd. Company`s website www.healkit.in/uk  , use is

restricted to persons who can make legally binding contracts under

the Contract Act. Persons who are “incompetent to contract” within the

meaning of the Contract Act including minors, un-discharged

insolvents, etc. are not eligible to use the Website. The medicines

shall also not available to any Users suspended or removed from the

Company’s system for any reason whatsoever. If You do not confirm

to the above qualification, You will not be permitted to put a requisition

for the medicines through the Website. By accessing and using this

Website, You represent that You are of legal age to make a binding

contract and are not a person barred from receiving services under

the laws as applicable in India. If You are below the age of 18

(eighteen) years, You may avail the services provided by the Website,

through Your legal guardian in accordance with the applicable laws.

The Company reserves the right to terminate Your membership and /

or refuse to provide You with access to the Website if it is brought to

Company’s notice or if it is discovered that You are under the age of

18 years.

2.2Ambitross private limited reserves the right of the heal kit website

to refuse access to use the services offered at the Website or to

terminate access granted to its Users at any time without according

any reasons for doing so and You shall have no right to object to the

same.

 

3. ACCOUNT CREATION

3.1. To use Healkit website for e.g., ordering medicines, posting

rating/reviews, etc, You must register with www.healkit.in/uk and provide

certain information about Yourself as prompted by the customer

information form, including, Your name, gender, email address, an

account password, mobile phone number, and billing/shipping

address. All of Your registration information is protected by our

Privacy Policy.

3.2. You declare that submitted information during registration is

truthful and accurate and that You will maintain the accuracy of such

information in the future also.

3.3. Your Healkit website Account username and password are

personal to You. You may not transfer Your account and You will be

solely responsible for the activities associated with Your Healkit

website Account.

3.4. www.healkit.in/uk  will not be liable for any loss or damages as a

result of Your failure to maintain the confidentiality of Your account

credentials. If You suspect any unauthorized use of Your Healkit

website Account, You shall immediately notify Ambitross Private Ltd.

3.5. It is Your responsibility to keep your email address up-to-date on

Your account setup at www.healkit.in/uk  so that we can communicate

with You electronically.

 

4. PERSONAL CONSUMPTION

4.1. You commit that purchase of any medicines is for your personal

consumption and use for the personal consumption and use for Your

 

family members only and shall not be used for resale or for

commercial purpose, shall not be used for any unauthorized or illegal

purpose.

4.2. A parent or legal guardian of a person’s‘ incompetent to contract’

such as minors or persons with unsound mind, would be permitted to

access and use the Website for the purposes of purchasing Products

on behalf of such persons.

5. PRICE AND PAYMENT

5.1. All our product(s) prices are inclusive of all taxes applicable.

5.2. We are not responsible for any typographical errors and we

reserve the right to cancel the sale. We reserve the right to correct any

inaccuracies or omissions related to pricing and medicine

availability/descriptions, even after You have submitted Your order,

and to change or update any other information at any time without

prior notice.

5.4. Delivery times may vary depending on the delivery location as

well as the type of product You order.

5.5 You can make the payment via any one of the following modes of

payment: Credit/Debit Card, Net Banking.

6. PLACING AN ORDER

6.1. The placement of an order by You shall be an offer by You to

enter into an agreement with Ambitross private limited or the relevant

Third Party Vendor. Post the order, the Website shall send an

email/SMS to You confirming Your order. However, such an email

shall not be considered as an acceptance of the Offer by the

Company. The acceptance of the Offer shall take place, in case of

prescription drugs, after the validation/ verification of the prescription

by the registered pharmacist of the Company and the ascertainment

of the available stock, subject, however, to the physical verification of

the original prescription by the Company’s registered pharmacist. If

the Company is unable to accept the Offer for any reason whatsoever

including discontinuance of the medicines ordered, non-availability of

stock, invalid prescription, etc. then the Company shall be entitled to

cancel the Offer within a maximum period of 7 working days from the

date of receipt of the Offer. Payment shall be refunded as soon as the

order is canceled in case payment was received along with the Offer.

 

6.2. By placing an order through the Website, You represent and

declare that:

6.2.1. You have no known allergies or sensitivities to any medicines

ordered.

6.2.2. You are not taking any parallel medications with which the

medicines ordered are likely to relate or react.

6.2.3. For prescription items: You are taking the medication after

consulting Your doctor/ registered medical practitioner. The copy of

the prescription shown to the registered medical practitioner/doctor is

genuine.

6.3. You have full knowledge of the implications, actions, interactions

and side effects of any medications that have been prescribed,

including the adverse effects of skipping the medication.

6.4. Please note that all prescription medicines are dispensed or sent

only against a valid prescription issued by a registered medical

practitioner/doctor which has been approved by our registered

pharmacist subject to physical verification of the original prescription.

6.5. Valid photo identification proof and address proof (driving license,

Election Card or Aadhar Card, etc) is required at the time of placing

and taking delivery of an order for pharmacy products.

6.6. Payment for the pharmaceutical products ordered is accepted at

the time of physical delivery of the product either via credit card, debit

card, online banking.

6.7. You hereby consent to the Ambitross Private Ltd. right to contact

the relevant doctor to verify the authenticity of the prescription.

7. RETURN AND REFUND POLICY

7.1. We offer the return and refund on the product ordered by You

which are subject to further terms and conditions as detailed in the

return and refund policy (“Return and Refund Policy”). The Return and

Refund Policy forms an integral part of these Terms and Conditions

and the Users are requested to carefully read the same.

8. OUR LIABILITY

8.1. The Ambitross private limited shall not be responsible or liable in

any manner to the Users or any Pharmacies (collectively referred to

as the “Third Party Vendors”) for any losses, damage, injuries or

expenses incurred by Third Party Vendors as a result of any

disclosures made by the Ambitross private limited, where Third-Party

Vendors have consented to the making of such disclosures by the

Ambitross  private limited. If the Third-Party Vendors had revoked such

consent under the terms of the Privacy Policy, then the Healkit shall

not be responsible or liable in any manner to the Third Party Vendor

for any losses, damage, injuries or expenses incurred by the Third

Party Vendor as a result of any disclosures made by the Ambitross

private limited prior to its actual receipt of such revocation.

8.2. The services provided on www.healkitin website are provided ‘as

is’, as available, and without any warranties or conditions (express or

implied, including the implied warranties of merchantability, accuracy,

fitness for a particular purpose, title and non-infringement, arising by

statute or otherwise in law or from a course of dealing or usage or

trade). The Healkit does not provide or make any representations,

warranties or guarantees, express or implied about the Website or the

services  Ambitross  private limited does not verify any content or

information provided by the Third Party Vendor on the Website and to

the fullest extent permitted by applicable law(s), disclaims all liability

arising out of the Third Party Vendor’ use or reliance upon the

Website, the services, third party contents, representations and

warranties made by the Third Party Vendor on the Website or any loss

arising out of the manner in which the services have been rendered.

8.3. Ambitross private limited shall not be responsible for the

mishaps/missed services due to no service/no show from the Third

Party Vendor Ambitross private limited shall not be responsible for any

error in any of the services being provided by the Pharmacies.

8.4. The Third-Party Vendor further accept and acknowledge that the

healkit website does not verify any content or information provided by

either the Users or the Pharmacies or obtained from the Users or the

Pharmacies, and to fullest extent permitted by applicable law(s),

disclaims all liability arising out of the Third Party Vendor’ use or

reliance upon the Website, the Services, the content on healkit

website, third party content, representations and warranties made by

the Third Party Vendor on the Website or any opinion or suggestion

given or expressed by the Healkit or any Pharmacies in relation to any

Services provided by the Healkit.

8.5. Ambitross private limited assumes no responsibility, and shall not

be liable for, any damages to, or viruses that may infect Third Party

 

Vendor’ equipment on account of the Third Party Vendor’ access to,

use of, or browsing the Website or the downloading of any material,

data, text, images, video content, or audio content from the Website. If

any of the Third Party is dissatisfied with the Website, the sole remedy

of such Third Party(s) is to discontinue using the Website.

8.6. To the maximum extent permitted by applicable law(s), the

Ambitross private limited it affiliates, independent contractors, service

providers, consultants, licensors, agents, and representatives, and

each of their respective directors, officers or employees (“Protected

Entities”), shall not be liable for any direct, indirect, special, incidental,

punitive, exemplary or consequential damages, or any other damages

of any kind, arising from, or directly or indirectly related to, (i) the use

of, or the inability to use, the Website or the content, materials, and

functions related thereto; (ii) User’s provision of information via the

Website; even if such Protected Entity has been advised of the

possibility of such damages.

8.7. In no event shall the Protected Entities be liable for failure on the

part of the Users or Pharmacies to provide agreed Services or to

make himself/herself available at the appointed time, cancellation or

rescheduling of appointments. In no event shall the Protected Entities

be liable for any comments or feedback given by any of the Users in

relation to the Services provided by a Pharmacies.

9. COMMUNICATIONS

9.1. By using the Website, it is deemed that You have consented to

receive calls, auto-dialed and/or pre-recorded message calls,

SMS/notification, e-mails, from the Ambitross private limited and/or

their representatives at any time with the use of the telephone number

and e-mail address that has been provided by You for the use of the

Website. This consent to be contacted is for purposes that include and

are not limited to clarification calls, marketing and promotional

calls/electronic messages. In case You wish the communications to

cease, kindly set your preferences via email addressed to the Healkit

website.

10. PRESCRIBED DRUG TERMS

Ambitross private limited, a fully licensed and regulated pharmacy,

takes all precautions to strictly commensurate with the laws and

regulations set forth in the dispensing of prescription medications. By

placing the order for Your prescription medicines, You acknowledge

and accept the following terms regarding the purchase of any

prescription medicines.

10.1. Ambitross private limited will not dispense any prescription

medication without a valid prescription from a licensed physician.

10.2. If You are ordering prescription medication(s), You hereby

confirm that You will send us a scanned copy of your valid

prescription(s) via email, fax, Whatsapp, or by post, and this

prescription shall then be subject to the scrutiny of and approval by

our qualified pharmacists.

10.3. The information provided in the   www.healkit.in/uk   is for informative

purposes only and this Website is not intended to provide diagnosis,

treatment or medical advice. We are not liable for any adverse effects

or harm to You as a result of Your reliance on the information on the

Website.

10.4. The Ambitross private limited requires either the User or

customer to confirm he/she is completely aware of the indications,

side effects, drug interactions, effects of missed dose or overdose of

the medicines he/she orders from us. It is imperative to seek

professional advice from your physician before purchasing or

consuming any medicine from Healkit.in.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. All content on the Website including images, illustrations, text,

graphics, logos, design, audio or video clips (if any), artwork and

computer code (together “Content”) is owned and controlled by the

Ambitross private limited and the design, structure, selection,

coordination, expression, look and feel and arrangement of such

Content is protected by copyright, patent and trademark laws, and

various other intellectual property rights.

11.2. Unless otherwise indicated or anything contained to the contrary

or any proprietary material owned by a third party and so expressly

mentioned, Ambitross private limited owns all intellectual property

rights to and into the trademark Ambitross private limited, and the

Website, including, without limitation, any and all rights, title and

interest in and to copyright, related rights, patents, utility models,

designs, know-how, trade secrets, inventions, goodwill, source code,

meta tags, databases, text, content, graphics, icons, and hyperlinks.

 

11.3. Except as expressly provided herein, You acknowledge and

agree that You shall not copy, republish, post, display, translate,

transmit, reproduce or distribute any Content through any medium

without obtaining the necessary authorization from Ambitross private

limited or third party owner of such Content.

12. PRIVACY POLICY

12.1. Subject to the Privacy Policy, Ambitross private limited shall

make reasonable commercial efforts to keep the information provided

by You (while placing an order for the purchase of medicine or

otherwise in the course of Your use of the Website) secure and

confidential.

13. USER LIMITATION

13.1. You are not permitted to host, display, upload, modify, publish,

transmit, update or share any information that:

13.1.1. belongs to another person and to which You do not have any

right;

13.1.2. is grossly harmful, harassing, blasphemous, defamatory,

obscene, pornographic, paedophilic, libelous, invasive of another’s

privacy, hateful, or racially, ethnically objectionable, disparaging,

relating or encouraging money laundering or gambling, or otherwise

unlawful in any manner whatever;

13.1.3. harm minors in any way;

13.1.4. infringes any patent, trademark, copyright or other proprietary

rights;

13.1.5. violates any law for the time being in force;

13.1.6. deceives or misleads the addressee about the origin of such

messages or communicates any information which is grossly offensive

or menacing in nature;

13.1.7. impersonate another person;

13.1.8. contains software viruses or any other computer code, files or

programs designed to interrupt, destroy or limit the functionality of any

computer resource; and

13.1.9. threatens the unity, integrity, defense, security or sovereignty

of India, friendly relations with foreign states, or public order or causes

incitement to the commission of any cognizable offense or prevents

investigation of any offense or is insulting any other nation.

13.2. You are also prohibited from:

 

13.2.1. violating or attempting to violate the integrity or security of the

Website.

13.2.2. transmitting any information (including job posts, messages,

and hyperlinks) on or through the disruptive Website or

competitive to the business of the Healkit website;

13.2.3. making any unsolicited communications to other users of the

Website

13.2.4. using any engine, software, tool, agent or other device or

mechanism (such as spiders, robots, avatars or intelligent agents) to

navigate or search the Website; or

13.2.5. attempting to decipher, decompile, disassemble or reverse

engineer any part of the Website.

13.3. Ambitross private limited shall be entitled to disable or remove

the aforesaid information upon becoming aware of the same, either by

itself or through any person affected by such information. Further, in

case of non-compliance with any applicable laws, rules or regulations,

or the Terms and Conditions (including the Privacy Policy) by You, the

Healkit has the right to immediately terminate and/or prevent Your

access to the Website and to remove any non-compliant information.

14. TERMINATION of ACCOUNT

14.1. You agree that www.healkit.in/uk  , in its sole discretion and for any

or no reason, including without limitation if You breach these Terms

and Conditions, may terminate Your access to and use of the

Website, at any time. You agree that any termination of Your access

to the Website may be effected without prior notice, and You agree

that www.healkit.in/uk  shall not be liable to You for any such termination.

Your right to use www.healkit’s Website/Service immediately

ceases upon termination of Your access/use of the Website.

15. INDEMNITY by USER

15.1. You agree to indemnify, defend and hold harmless each of the

Healkit website, its officers, directors, employees, associates, partners

or agents (each an “Indemnified Party”) from and against any and all

losses, liabilities, claims, damages, demands, costs and expenses

(including legal fees and disbursements in connection therewith and

interest chargeable thereon) asserted against or incurred by such

Indemnified Party in connection with, arising out of or resulting from (i)

any misrepresentation or inaccuracy in any representation or warranty

provided by You in these Terms and Conditions, (ii) breach or non-

performance of any covenant or obligation to be performed by You

pursuant to these Terms and Conditions or (iii) non-compliance of

applicable laws by You. Further, You agree to hold us harmless

against any claims made by any third party due to, or arising out of, or

in connection with, Your use of the Website.

15.2. Notwithstanding anything to contrary Ambitross private limited

entire liability to You under this Terms and Conditions or otherwise

shall be the refund of the money charged to You for any specific

voucher or Service, under which the unlikely liability arises.

15.3. In no event shall Ambitross private limited, its officers,

directors, employees, associates, partners or agents be liable to You

for any special, incidental, indirect, consequential or punitive damages

whatsoever arising out of or in connection with Your use of or access

to the Website. The limitations and exclusions in this section shall

apply to the maximum extent permitted by applicable law.

OTHER TERMS AND CONDITIONS

16.1. If any provision of these Terms and Conditions is deemed

invalid, unlawful, void or for any other reason unenforceable, then that

provision shall be deemed severable from these Terms and

Conditions and shall not affect the validity and enforceability of any of

the remaining provisions.

17.1. The Healkit website provides no representation or assurance

that access to the Website will be uninterrupted or error-free.

17.2. The Ambitross private limited assumes no responsibility, and

shall not be liable for, any damages caused by viruses, trojans or

other forms of malware, adware and other malicious programs that

may infect your computer system, mobile phone or any hardware or

software used by You to access or use the Website, or Your account

on the Website and which may have an adverse impact on Your

experience of browsing the Website. If You are dissatisfied with the

Website, Your sole remedy is to discontinue using the Website. You

are expected to use adequate anti-virus software and firewalls in Your

device to guard against possible attacks by malicious software.

18.1. No failure on the part of www.healkit.in/uk to enforce any part of

these Terms and Conditions shall constitute a waiver of any of the

Ambitross private limited rights under these Terms and Conditions,

whether for past or future actions on the part of any person. Neither

the receipt of any funds by Ambitross private limited nor the reliance of

any person on the Ambitross private limited actions shall be deemed

to constitute a waiver of any part of these Terms and Conditions. Only

a specific, written waiver signed by an authorized representative of the

Ambitross private limited shall have any legal effect whatsoever.

19.1. In case of any inconsistency between the terms contained herein

and any other communications or documents issued by the Ambitross

private limited, these Terms and Conditions shall prevail.

20. ASSIGNMENT

20.1. You shall not assign Your rights or obligations under these

Terms and Conditions to any person or entity without the prior written

consent of the Ambitross private limited. Ambitross private limited

shall have the right to assign any of its rights and/or obligations to any

person or entity without Your prior consent.

21.1. The User accepts and acknowledges that the Ambitross private

limited shall not be liable for any loss or damage caused to the User

as a result of delay or default or deficiency or failure in the Services as

a result of any natural disasters, fire, riots, civil disturbances, actions

or decrees of governmental bodies, communication line failures (which

are not caused due to the fault of the Ambitross private limited or the

other party), or any other delay or default or deficiency or failure which

arises from causes beyond the Ambitross private limited reasonable

control.

22.1. These Terms and Conditions shall be governed by the laws of

India. All disputes pertaining to, arising out of or in connection with the

use of the Website by You shall be referred to arbitration by a sole

arbitrator to be appointed by the mutual consent of Ambitross private

limited and Yourself. The arbitration proceedings shall be conducted in

accordance with the Arbitration and Conciliation Act, 1996, as

amended or restated from time to time. Any legal action or proceeding

related to Other Party Vendor(s) access to, or use of, the Website or

these Terms and Conditions shall be subject to the exclusive

jurisdiction of the courts at New Delhi. The seat and venue of

arbitration shall be New Delhi and the language of the arbitration shall

be English.

 

Do not accept the parcel from the courier company if the parcel

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