Terms & Conditions - everup

Terms & Conditions

Last Updated: 31/01/2024

1. Who we are

We are everup Limited, a company registered in England under company number 12462608, with its registered address at Arquen House, 4-6 Spicer Street, St. Albans, England, AL3 4PQ (referred to in these terms of service as “everup,” “we,” “us,” and “our”). We operate thewebsite www.everup.uk along with associated mobile applications and online services, collectively referred to as the “Services”.

For those who have opened an everup cash account prior to the 7th of November 2023, these accounts have been operated in collaboration with Modulr FS Limited. As of the aforementioned date, we will no longer be initiating new cash accounts. Everup has functioned as a registered EMD agent of Modulr FS Limited, an electronic money institution authorised by the Financial Conduct Authority under the Electronic Money Regulation 2011 (FRN: 900573) to issue electronic money and payment instruments, identified as our “Partner Institution.” Everup Ltd’s reference on the Financial Services Register is no. 902939. However, post the 7th of January 2024, while we can assist in the withdrawal of funds, everup ceased to be a regulated agent of Modulr.

2. When these Terms of Service apply

2.1. These Terms of Service apply to all users of everup’s Services.

2.2 Please read these Terms of Service (and the documents that we refer to in them) carefully before you use any part of our Services. They contain important information about your legal rights and obligations. By accessing or using our Services, you confirm that you accept and agree to comply with all of the following:

  1. a) these Terms of Service;
  2. c) our Competition Rules, which you can read here;
  3. d) our Gift Card Terms and Conditions which you can read here;

2.3. Together, these documents are referred to as these “Terms” and they form the entire agreement between us and you. If there is any conflict, ambiguity or inconsistency between them, they will take precedence in the order in which they are listed in paragraph 2.2 above. You must not use our Services if you do not accept these Terms.

2.4 In order for you to access and use the Services, we will need to collect and process your personal information. We will do so in accordance with our privacy and cookie policy (the “Privacy Policy“, which you can read here). Please read this Privacy Policy carefully as it contains information about your privacy rights, including your right to object to our processing in certain circumstances.

2.5. If you have any questions about these Terms, you can contact us at support@everup.uk

3. Understanding these Terms

  • 3.1. When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters, even if they are not at the start of a sentence. Where a defined term is used, it has the meaning set out below or that is given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
    • Applicable Laws” means all applicable laws, regulations, codes of practice, guidelines, decisions, orders and decrees imposed by law or any competent national or international governmental or regulatory authority, including all advertising and gambling laws and regulations and data protection legislation.
    • Bonus Entry” means the chance to participate in a Competition without using any Coins.
    • Coin Balance” means the number of Coins available on your Profile.
    • Coins, or Virtual Coins” means Virtual Coins awarded to your Profile that can be used exclusively on our Services to enter into our free Competitions.
    • “Competition” means any competition or game which may be made available to users of the Service.
    • “Competition Rules” are defined in paragraph 2.2.
    • Electronic Money Account” or “everup Electronic Money Account” or “everup Cash Account”; means an electronic money account service opened in your name and which is provided by the Partner Institution,  which was available until the 7th of January 2024;
    • everup Voucher/Gift Card Account”: A pre-paid and authenticated everup Gift Card account, allowing instant purchases of Gift Cards within the app.
    • “Apple Pay and Google Pay”: Payment platforms developed by Apple and Google, respectively, designed to facilitate secure and authenticated transactions within applications.
    • everup Content” means any and all Intellectual Property Rights: (a) arising anywhere and anyhow which vest in, derive from or are connected to the Services (including the everup website, app and any and all related software, source code and technology); and (b) in the “everup” name and marks.
    • “Faster Payment” – A service allowing you to make and receive electronic payments in the UK which is received by the recipient bank within 2 hours provided that the receiving organisation or bank is part of Faster Payments Scheme.
    • Intellectual Property Rights” means any and all present and future patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and related goodwill.
    • “Partner Institution” is defined in paragraph 1.
    • Partner Institution Terms” is defined in paragraph 6.4.
    • “Payment Initiation Service Provider” – or “Open Banking” means a third party payment, authorization and authentication service provider authorised by or registered with the Financial Conduct Authority or another European regulator to provide an online service to initiate a Transaction at your request on your Account.
    • Profile” means your registered everup Account.
    • Terms” is defined in paragraph 2.2.
    • “Transaction” – any activity, be it a debit, credit, or other adjustment, that influences any balance of your everup Account. This encompasses everup Voucher transactions, or any other transaction associated with a payment method accessible via the App or website,
    • Privacy Policy” is defined in paragraph 2.3.
    • Services” is defined in paragraph 1;
    • Third party Content” is defined in paragraph 16.1.

4. Changes to these Terms or our Services

4.1. We may make changes to these Terms from time to time in order to: make them clearer or easier to understand; reflect changes to our Services or business priorities; comply with Applicable Laws; reflect industry best practice; or meet our obligations to Partner Institutions. If we make changes, we will alert you on the home page of the website or the app.

4.2. We will upload at least 14 days in advance any upcoming changes to these Terms and will notify you directly if any of the changes materially affect you unless:

  1. a)  we are subject to a legal or regulatory obligation which requires us to change these Terms more promptly;
  2. b)  we have, exceptionally, changed these Terms to address an unforeseen and imminent danger related to defending the Services or our users from fraud, malware, spam, data breaches or other cybersecurity risks.
  3. c) we are updating the Competition Rules to add new rules applicable to a new Competition format that we release and those new rules to not affect any existing Competitions; or
  4. d) the changes do not operate to your detriment in any material way.

4.3. If you do not agree with the proposed changes, you can stop using the Services and close down your Profile by following the steps described in paragraph 14.

5. Getting started

Eligibility

5.1. In order to use our Services and enter our Competition, you must:

a)  be 18 years of age or older;

b) be fully able and competent to enter into these Terms, and to abide by and comply with these Terms;

c)  only be using our Services on behalf of yourself, for personal and non-commercial purposes;

d)  not have previously been suspended or removed from using our Services by us for any reason;

e)  not be in breach of any other agreement to which you are a party by using our Services; and

f)  not be in breach of any other agreement to which you are a party by using our Services.

g) not be a resident of any country that is subject to sanctions as listed by, including but not limited to, the United Nations, European Council, or the United States Treasury’s Office of Foreign Assets Control (OFAC).

5.2. Additional eligibility requirements may apply to individual Competitions or products from time to time and will be communicated in the applicable Competition Rules, additional terms and conditions and/or the competition page or relevant product page on our Services.

Your Profile

5.3. In order to access the core features of our Services, including setting up an everup Voucher/Gift Card Account, earning Coins and participating in Competitions, you must register as an everup user and create a Profile via our app. You can do this by downloading the App and following the on-screen instructions.

5.4. By creating a Profile, you warrant and represent to us that:

a) you have provided accurate, current and complete registration information;

b) you will maintain and keep such information up-to-date at all times;

c) you will not share your password or Profile credentials with any third party;

d) you will keep your Profile secure, and accept all risks of unauthorized access to your Profile to the extent obtained through the use of credentials under your possession or control or through a computer or device that you use to access the Services; and

e) you will immediately notify us if you discover or otherwise suspect any unauthorized access or use related to the Services or your Profile.

6. Your Electronic Money Account

As of 8th January 2024, everup has ceased offering or operating regulated cash accounts. If you previously held a cash account with us and still have funds remaining, you may request a fund transfer by contacting our customer support team.

7. Disputes and Incorrect Transactions

7.1 If you have a reason to believe that (i) a Transaction on your Account was unauthorised or was made incorrectly; or (ii) someone else  knows the security credentials or otherwise has unauthorised access to your Profile, you must inform us immediately by contacting our customer services via email at support@everup.uk.

7.2 You will be liable for all Transactions made from your Account if you have acted fraudulently or with gross negligence.

7.2.1. It is your responsibility to ensure the security credentials for accessing and using your Profile, along with all associated accounts, are kept safe and secure. Failure to safeguard these credentials will be considered a breach of these Terms of Service. This includes maintaining the security of your everup Voucher/Gift Card Account and any content stored in your Profile, such as active branded Gift Cards.

8. Our Services

Virtual Coins, or Coins

8.1. One or more Virtual Coins may be required to participate in any Competitions on our Services (after you have used any Bonus Entry). The procedure for earning Coins is described in the Coin Rules section of the Competition Rules. We will credit your Profile with Coins in accordance with the eligibility criteria set out in the Coin Rules section of the Competition Rules. Coins should appear automatically in the Coins Balance section of your Profile. Coins can only be used to participate in Competitions via our Services. They have no real world monetary value and cannot be traded for money or money’s worth. Coins do not constitute electronic money for the purposes of the Electronic Money Regulations 2011 or the Electronic Money Directive 2009.

Participating in Competitions

8.2. As a registered user, you will be able to participate in Competitions via the Services. You must read the Competition Rules carefully before participating in any Competition. Each time that you participate in a Competition via the Services, you agree to be bound by and comply with the Competition Rules applicable to that Competition.

Cash Prizes and other rewards

8.3. Through our Competitions and promotions, you have the chance to win cash prizes and other rewards. Eligible cash prizes are credited to the “Winnings & Rewards” section of your Profile, unless the prize exceeds £1,500, at which point you should refer to paragraph 8.3 of the Competition Rules for further guidance.

8.4. Cash prizes and accumulated rewards are redeemable through our Gift Card shop. You have the flexibility to use these funds, either in full or as partial payment, for any of your purchases.

Please note, unless differently indicated, a minimum balance of £10.00 is required to use your cash prizes for Gift Card purchases. Be aware that all cash rewards expire 12 months after being credited to your account. As for non-cash prizes, such as Gift Cards, Home Appliances or other Gadgets, winners must claim their prize within 3 months of winning. Unclaimed non-cash prizes after this period will be forfeited.

Please note that we are not responsible or liable for the inability to redeem any cash or non-cash prizes due to their expiration as per the stipulated time frames. Furthermore, we cannot be held liable for any failure to redeem cash prizes owing to Profile closure or suspension, provision of inaccurate or outdated information by you, inability or ineligibility to open such an account, or discontinuation of the Electronic Money Account service.

Winning the £1,000,000 Jackpot

8.5 Without prejudice to paragraph 9.4, if you win the £1,000,000 40-Year Annuity jackpot, you will receive the total prize into an account of your choice, either in the UK or abroad. Please refer to provision 3.4 of the Competition Rules for details concerning the annuity value of the Lottery Competition Jackpot and the alternatives provided, e.g., lump sum or annuity purchase.

9. Variation

9.1 We may change the Terms from time to time in accordance with the paragraphs below. All changes will be posted on the everup website and emailed to you at the last email address you provided to us. You should check the everup website regularly. We will provide you with at least two months’ prior of any changes we propose to make to these Terms.

9.2 If you do not agree with the changes to the Terms, you may at any time within the two months’ notice period notify us and the Terms will be terminated and your Profile closed. If you do not notify us to the contrary during this period then you will be deemed to have accepted the change and it will apply to you when it comes into force.

9.3 If any part of the Terms at any time becomes inconsistent with any legal requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant legal requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

10.1 We may change the Terms from time to time in accordance with the paragraphs below. All changes will be posted on the everup website and emailed to you at the last email address you provided to us. You should check the everup website regularly. We will provide you with at least two months’ prior of any changes we propose to make to these Terms.

10.2 If you do not agree with the changes to the Terms, you may at any time within the two months’ notice period notify us and the Terms will be terminated and your Account closed. If you do not notify us to the contrary during this period then you will be deemed to have accepted the change and it will apply to you when it comes into force.

10.3 If any part of the Terms at any time becomes inconsistent with any legal requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant legal requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

10. Termination or Suspension

10.1 These Terms of Service and the Services will continue to be in force until terminated or suspended in one of the ways set out in this paragraph 11 below.

10.2 We can suspend or terminate your Profile and all associated Accounts at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:

10.2.1 we discover that any of the Information that we hold for you is false, misleading or materially incorrect; or

10.2.2 if you have engaged in any fraudulent activity, money laundering, terrorism financing or other illegal activity in connection with your Account or we have reasonable suspicion of the same; or

10.2.3 you have breached these Terms of Service or any of the everup Terms; or

10.2.4 we are required to do so under any Applicable Law or regulation or at the direction of any regulatory, law enforcement or other competent authority.

10.3 In the event that we do suspend or terminate your Profile (and to the extent permitted by law), we will inform you in advance of any such actions. Where this is not possible, we will inform you of any such actions immediately afterwards (to the extent we are permitted by law).

10.4 By accepting these Terms, you accept the application of the fees set out in the Fees Table on the App and on everup Website as a prerequisite for the provision of the Services. Everup may amend its pricing policy and/or introduce a subscription with regards to the provision of its services, in which case we shall notify you for any such amendment by providing you with one (1) months’ notice. If you do not accept the fees, you may choose to close your Profile with us, in which case the conditions set out in paragraphs 11.1 – 11.4 will apply.

11. Your licence to use everup Content

11.1. We are the owners or authorised licensees of the everup Content. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use the everup Content solely for your own personal, non-commercial use of the Services in accordance with these Terms.

11.2. Other than the licence granted to you in paragraph 12.1, nothing in these terms is intended to, or shall be deemed to, transfer any Intellectual Property Rights in the everup Content to you. You may not: (a) copy, reproduce (other than standard website page caching), create derivative works of, store, publicly perform, publicly display, distribute, sell, rent, lease or otherwise commercially exploit the everup Content in whole or in part; (b) attempt to reverse compile, disassemble, or otherwise reverse engineer any element of the everup Content; (c) attempt to, or assist others in attempting to, obtain access to the underlying source code of any element of the everup Content; or (d) use the everup Content in any way that breaches these Terms, any Applicable Law or any Intellectual Property Rights or other third party rights.

11.3. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Service in any jurisdiction in which such use is prohibited by law. We shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Service.

12. User Conduct

12.1. You must comply with all Applicable Laws in connection with your use of the Services, and you are solely responsible for your conduct while using the Services. You will not:

a)  use our Services for any purpose that is related to fraud, money laundering and/or any other form of illegal or suspicious activities;

b)  use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;

c)  attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the Services;

d)  introduce any virus, trojan or other malware to the Services;

e)  develop any third-party applications that interact with the Services without our prior written consent;

f)  use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;

g)  bypass or ignore instructions contained in our robots.txt file that controls automated access to the Services;

h)  use the Services to engage in or promote any other activity that violates these Terms or the Partner Institution Terms;

i) use abusive, threatening, or harassing language or conduct towards our employees, representatives, or other users of our Services; or create a hostile environment through persistent unwarranted communication or other disruptive behavior.

l) create multiple profiles or provide misleading or false personal information in a profile.

m) misuse the referral program in fraudulent ways, such as self-referring through fake accounts to gain rewards.

Please note that any attempt to manipulate the system, whether by opening multiple accounts to capitalize on account-opening rewards or self-referring, will result in account termination. All prizes will be awarded solely to the Profile holder with a verified real name, as confirmed through our compliance procedures.

13. Suspending and Closing your Profile

13.1. You can close your Profile at any time by going to the “Profile Settings” section of our website or app, selecting “close Profile” and follow the on screen instructions.

13.2. We may suspend or close your Profile immediately on written notice to you if:

a) we reasonably believe that you have breached these Terms, including any applicable section of the Competition Rules;

b) we reasonably believe that you have breached Applicable Laws; and/or

c) your everup Profile is suspended or closed for breaching these Terms.

13.3. We do not guarantee that our Services will always be available or be uninterrupted. We may suspend access to or close your Profile if the Services as a whole are being suspended, withdrawn or shut down. We will always try to give you as much notice as possible in the event that this happens, but this may not be possible if the Services are being withdrawn or shut down in order to:

(a) comply with Applicable Laws;

(b) as a result of any order or direction from any governmental or regulatory body or authority; or

c) as a result of any alleged or actual infringement of third party Intellectual Property Rights.

13.4. If your Profile is suspended for any reason:

a) we will notify you of the reasons for the suspension and any steps that you can take to enable us to lift the suspension;

b) we will notify you as soon as the suspension is lifted; and

c) your Coin Balance will remain on you Profile and will be available when the suspension is lifted.

d) you will not be able to play any game available on the App or purchase any products or link any payment methods.

13.5. If your Profile is closed:

a) you will lose permanently any remaining Coin Balance or Bonus Entries that you have on your Profile;

b) you will permanently lose any rights to any cash winnings and rewards not yet redeemed;

c) your participation in any ongoing games will be automatically cancelled

d) any rights and obligations accrued by you or us up to the date of closure of your Profile will be not be affected

14. No warranty

14.1. To the fullest extent permitted by applicable law:

(a) the Services are provided on an “as is” and “as available” basis without warranties of any kind, and we expressly disclaim all implied warranties as to the services, including, without limitation, implied warranties as to quality and fitness for a particular purpose or non-infringement of Intellectual Property Rights; and

(b) we do not represent or warrant that the Services are virus or bug-free or that they are accurate, complete, reliable, current or error-free, meet your requirements, or that defects in the services will be corrected.

15. Third Party Content

15.1. We may display third-party content, advertisements, links, promotions, logos and other materials on or through the Services (collectively, “Third-Party Content”). We do not control, endorse, sponsor or adopt any Third-Party Content or any third parties referenced on the Services, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and we are not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Services and enter a third-party site or service, these Terms no longer apply to your use of that third-party site or service. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such Third-Party Content or for any content or information presented via the Third-Party Content.

15.2. All trademarks not owned by everup are the property of their respective owners. Everup is not the issuer of any of the Gift Cards or other closed-loop products on offer and is not related to any merchant whose trademark and Gift Cards appear on everup for sale.

16. Limitation of Liability

16.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

16.2. If we fail to comply with these Terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you created your Profile or entered the relevant Competition.

16.3. We are not liable to you for any loss or damage experienced by you or any third party due to:

a) Loss of opportunity;

b) Damage to any computer system, phone, or other device resulting from the use of our Services;

c) Technical malfunctions, including computer system, phone line, hardware, software, delayed transmissions, or network connection issues;

d) Network disruptions, including inaccessible or unavailable networks, servers, satellites, Internet service providers, or websites; or any miscommunications, delays, or misdirected transmissions;

e) Inability to access or use our Services, including our App or website;

f) Technical difficulties or other errors of any kind;

g) Misinformation or incomplete data provided by you during your use of our Services;

h) Interactions with products, data, services, messages, or transactions on our App or website and any resultant reliance on the displayed content;

i) Delays or issues regarding user information, communications, or settings;

j) Offerings by third parties, partners, or retailers. We do not control their distinct terms;

k) Our liability is limited to the transaction amount between you and us which resulted in the claim;

l) Unanticipated delivery delays. We’ll inform and attempt to reduce these delays, but we don’t offer compensation. Significant delays may result in a refund;

m) Concerns about gift cards, including their expiry, a change of heart about their use, inability to purchase out-of-stock items, or purchasing from a company that later ceases operations;

n) Dissatisfaction with a retailer’s product. Direct any complaints or return requests to the respective retailer;

o) Unpredictable losses;

p) Preventable issues, such as damage from our digital content which could have been avoided by following our guidance or system requirements;

q) Any matter related to business use of a product.

For protection against potential risks, we advise using anti-virus software, firewalls, and other essential protective measures for your devices.

17. Data Protection

17.1. The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data.

18. Complaints Procedure

18.1 Complaints regarding any element of the service provided by us can be sent to customer cervices via our app chat system or via email at support@everup.uk.

18.2 All complaints will be subject to our complaints procedure and policy which you can read here. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted or emailed to you.

18.3 In most cases we will provide a full response by email to your complaint within fifteen (15) Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within thirty-five (35) Business Days of the date we received your complaint.

18.4 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone 0800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at http://www.financial-ombudsman.org.uk

19. General

19.1Governing Law and jurisdiction. These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to hear any disputes that arise out of or in connection with these Terms, except that if you are a resident of Scotland, you may also bring proceedings in Scotland.

19.2. Transferring these Terms. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Services, without our prior written consent. You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Services. You also agree that we may use third parties and sub-contract our obligations, provided that we remain responsible to you for the performance of these Terms.

19.3 The Financial Services Compensation Scheme is not applicable for this Account. No other compensation schemes exist to cover losses claimed in connection with your Account. We will ensure that once we have received your funds they are deposited in a safeguarded account, in accordance with our legal obligations under the Electronic Money Regulations 2011. In the event that we become insolvent, funds that are safeguarded by us are protected against the claims made by our creditors.

19.4. Third party rights. A person who is not a party to the Terms  has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

19.5. Availability outside United Kingdom. Our Services are directed to people residing in United Kingdom. We do not represent that content available on or through our Services is appropriate for use or available in other locations.

19.6. No waiver. Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.

19.7. Sending notifications to you. Unless otherwise specified in these Terms, we will provide notices, disclosures and other communications to you by emailing them to you at the email address associated with your Profile. You may update your email address by logging into your Profile. A communication will be considered to be received by you at the time of transmission.

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