Term & Conditions

This agreement or terms of service (the “Agreement” or “Terms of Service”) was originally written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version will prevail.

General Terms
1. The various FilmDoo websites (“Websites”) and mobile applications and related services, including the FilmDoo Online Edutainment Tool (together with the Websites, the “Service”) and the use of the Service are subject to the following terms and conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. FilmDoo may amend, update or change these Terms and Conditions without notice being provided and your subsequent use of the Service indicates your accepted of these changes. If you do not agree to abide by these Terms and Conditions, you are not authorised to use, access or participate in the Service.
2. Educational institutions utilising the Service are responsible for monitoring the rights and interests of their students and must therefore take special care in the review of this agreement. Educational institutions shall be responsible for obtaining, where applicable, pertinent consent from parents, legal guardians or eligible students prior to utilising the service. FilmDoo shall not be responsible for any negligence of the educational institution in the review of this agreement or the obtainment, where applicable, of the necessary parental consent.
3. The Service allows users to access and use a variety of educational services, including learning or practicing a language, or a subject. FilmDoo may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Certification and Accreditation
1. The Service is not accredited or connected in any way to the United Kingdom Department of Education or any other educational governing body, and therefore does not count towards any governing course or exam material.
2. There is no certification in association with the Service, its services or any course material or completion of any work associated with the service.
Registration; Submission of Content
1. Registration - In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organisation as requested by FilmDoo; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to FilmDoo, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
2. Course Contributor Submissions - If you are or become a Course Contributor, you may offer to contribute new courses to the Service, as agreed between you and FilmDoo on a case-by-case basis. Subject to any guidelines posted on the Service, you may perform any such translations or create any such courses in accordance with your own schedule and using your own facilities and resources. You are not required to become a Course Contributor and you may cease your activities as a Course Contributor at any time. You acknowledge that you do not desire and will not receive compensation for your activities as a Course Contributor or for our use of any Course Contributor Materials (as defined below) you submit. Any translation of an existing FilmDoo course you submit or have submitted and any new course you submit or have submitted as a Course Contributor (collectively, “Course Contributor Materials”), whether for languages or other subjects, are recognised as being made by you (subject of course to us retaining ownership of the existing FilmDoo course you translated). By submitting any Course Contributor Material, you grant us a fully paid up, royalty-free, perpetual, sub-licensable license to reproduce, display, perform, modify, create derivative works of, distribute and otherwise use such Course Contributor Material in any manner. In addition, Course Contributors have the opportunity to benefit from additional monetization opportunities through the sale of their course to third parties by FilmDoo on a revenue-share basis, if this is of interest. FilmDoo reserves the right to use all Course Contributor Materials, whether the course in its entirety or parts of the course, created on the Websites for non-commercial purposes, such as marketing, publicity and promotion.
3. General Content - As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations or other materials on the Services (“Content”), you hereby grant to FilmDoo a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub-licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to FilmDoo. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, FilmDoo, and others as described and otherwise contemplated in these Terms of Service. You understand that other users will have access to the Content and that neither they nor FilmDoo have any obligation to you or anyone else to maintain the confidentiality of the Content.
4. FilmDoo reserves the right for content that is used for any course to be removed at any time without explanation. Content may be lost or not be available through no fault of FilmDoo.
Representations and Warranties
1. You represent and warrant to FilmDoo that your access and use of the Service will be in accordance with these Terms of Service and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United Kingdom and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Course Contributor Materials, Activity Materials, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. When you register with the Service, you further represent and warrant that the identification materials you submit to FilmDoo are true and accurate representations of legal identification documents, issued to you by a government entity in accordance with local laws, and that you are registering for the Service to be used as an educational tool. You further represent and warrant that you will safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your Service account for any purposes.
2. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
3. The Services and content are provided 'as is', 'as available' and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
Customer Data
1. Definition - "Customer Data" means any and all electronic data, Content, and information uploaded or submitted to the Services by you or by a third party on your behalf. You retain all of your rights to your Customer Data.
2. License to Customer Data - You hereby grant FilmDoo a non-exclusive, worldwide, royalty-free, fully paid-up right and license to use, copy, access, process, reproduce, perform, display, modify, distribute, and transmit your Customer Data in connection with the Services and with our Privacy Policy. You acknowledge and agree that (i) the quality of the Services and the Platform depend on the uploading or other provisioning of the Customer Data into the Platform or the Services, as applicable and (ii) FilmDoo will not assume any responsibility for, or undertake to verify, the accuracy or completeness of the Customer Data entered by you. Furthermore, you also hereby do and shall grant each user of the FilmDoo Website and/or the Services a non-exclusive right and license to access your Customer Data posted on portions of the Services that are viewable to other users, and to use, edit, modify, reproduce, distribute, and display such Customer Data in accordance with the terms, features, and settings of the Services made available by FilmDoo and any additional rights and restrictions granted by you to such users.
3. Aggregate Data - Notwithstanding anything to the contrary set forth herein, FilmDoo may collect and use data regarding the use and performance of the Service in anonymized and aggregated form, to analyze and improve the Service and for distribution in general benchmarking data and industry reports, provided that any reported user data is aggregated and anonymized such that no personally identifying information of Customer or its users is revealed.
4. Representations and Warranties - You represent, warrant, and covenant that (i) all Customer Data is accurate and compliant with all applicable laws, rules, and regulations; (ii) you own all rights, title, and interest in and to the Customer Data, or have otherwise secured all necessary rights in the Customer Data as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms; (iii) you shall only use the Services in accordance with all applicable laws, rules, and regulations, these Terms and any relevant documentation provided by FilmDoo and (iv) you will not, and will not permit any third party to upload, download, post, submit, provide, transmit, distribute, or otherwise make available to or through the Services any Customer Data that (A) is unlawful, infringing, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or that otherwise violates any other right of any third party, including any intellectual property, proprietary, or privacy rights, or that is otherwise inappropriate, as determined by us in our sole discretion; (B) contains any viruses, code, files, or programs designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or that is or can be otherwise malicious or disruptive; (C) constitutes unauthorized or unsolicited advertising, junk, or bulk email ("spamming") or otherwise violates federal CAN-SPAM regulation. You will not provide FilmDoo with any personally identifying information except for User information as necessary to allow Users to access the Services as set forth in these Terms. You are responsible for complying with CAN-SPAM, including without limitation for supplying an "Unsubscribe" link in any emails required to include such link.
Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in FilmDoo’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose FilmDoo or its users to any harm or liability of any kind. You will not use the Service to collect information about our process or to develop outside of the FilmDoo platform, or other copy any material from our service.
Indemnification of FilmDoo
Payments and Billing
1. Services - Some of our Services may be subject to payments now or in the future (the "Premium Services"). Please note that any payment terms presented to you in the process of using or signing up for a Services are deemed part of these Terms of Service. All amounts are stated in, and shall be paid in the currency stipulated in the payment gateway during purchase. If you have any questions, please click contact us at info@filmdoo.com.
2. Billing - All Services must be paid for in advance. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if the Payment Processor has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. You may pay for our Services via our online payment transaction system, whereby this can be for Services paid for on a Transactional one-time basis or as part of a Monthly Subscription or Annual Subscription Fee. We reserve the right to change the fees applicable to any of our Services, or the method of payment for the Services, at any time by posting such information on the Website. Except as required by law, you will not be entitled to any credit or refund for any Video Content purchased/rented from us.
3. Current Information Required - You must provide current complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate. Please contact us as info@filmdoo.com if you need any assistance. If you fail to provide any of the foregoing information, you agree that we may continue.
4. Cancelling or Changing Services - To stop using the Services at any time, go to Account settings. Please contact us at info@filmdoo.com if you need any assistance. Any request for cancellation must be sent at least five (5) business days prior to the end of a subscription term if FilmDoo offers one in order to allow for adequate processing time.
5. Chargeback Policy; Disputes - If you have a question about charges made to your Account, please contact us immediately. If the charges were made in error, we will credit your billing account or payment method for the appropriate amount. Please note that FilmDoo has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of FilmDoo. Before commencing any court action, you will first submit a ticket through FilmDoo’s help desk. FilmDoo shall not be deemed in breach of the Terms of Service unless you have given FilmDoo notice of the breach and FilmDoo has failed to cure such breach within thirty (30) days after receipt of such notice. In no event shall any breach entitle you to rescind the rights granted hereunder.
6. Feedback - At all times FilmDoo will have the unrestricted right to use and act upon any suggestions, ideas, enhancement requests, feedback and recommendations you provide specifically relating to the features, functionality and performance of the Services. To provide us with feedback, please drop us an email at info@filmdoo.com
7. Responsibility for third party actions - In no event will FilmDoo be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
8. Pricing changes - FilmDoo reserves the right to modify and change pricing models at any time as deemed necessary to the business. A minimum notification period of thirty (30) days will be sent to existing subscription members with full changes and details of new charges that will apply.
Copyright Policy
1. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
2. Procedure for Reporting Copyright Infringement:
  If you believe that material or content residing on or accessible through our Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
  - A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  - Identification of works or materials being infringed;
  - Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  - Contact information about the notifier including address, telephone number and, if available, email address;
  - A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  - A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Refund Policy
1. Data Security. FilmDoo shall maintain appropriate administrative, physical, and technical safeguards designed to protect the security of the Services and Customer Data. If Customer's use of the Services involves processing personal data pursuant to Regulation 2016/679 (the "GDPR") and/or transferring personal data outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the data processing addendum shall apply to such personal data and be incorporated into the Terms of Service upon the Effective Date
Refund Policy
1. In the event that FilmDoo suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including, any Content or data associated with your use of the Service, or for anything else.
Third-Party Links, Sites, and Services
1. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by FilmDoo. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from FilmDoo, you understand that these Terms and Conditions do not apply to your use of such sites. You expressly acknowledge and agree that FilmDoo shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
2. The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by FilmDoo on the Service are subject to change. In consideration for FilmDoo granting you access to and use of the Service, you agree that FilmDoo and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
Termination
1. FilmDoo may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your FilmDoo account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of FilmDoo’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
2. Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including Customer Data, associated with your Account. Termination, cancellation or expiration of your Account will result in a loss of your Customer Data; we may delete or destroy all copies of your Customer Data in our systems or otherwise in our possession or control, unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information, including without limitation Customer Data, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.
Proprietary Rights in Service Content and Activity Materials
1. All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of FilmDoo or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions or on a signed agreement. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and FilmDoo, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by FilmDoo, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to FilmDoo any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of FilmDoo or its licensors that are not expressly granted in these Terms and Conditions are reserved to FilmDoo and its licensors.
Intellectual Property Rights
1. All intellectual property rights relating to the Service (including without limitation the content, data, layout and design, video, graphics, text, images, software, database, applications and underlying source code) are protected by copyright, and are owned by us or our licensors and/or Content Providers, unless otherwise specified.
2. We grant you a non-exclusive, royalty-free, nationwide, revocable licence to use and access the Website solely in accordance with these Terms.
3. Upon payment of the relevant fees (as specified in the Service), we grant you a non-exclusive, royalty-free, revocable licence to use and access the relevant Video Content in accordance with the Usage Rules and any applicable Additional Conditions. Such licence is subject to your compliance with these Terms, the Usage Rules, Additional Conditions and any applicable laws. Where Free Content is made available to you, we grant you a non-exclusive, royalty-free, revocable licence to use and access the relevant Free Content in accordance with the Usage Rules and any applicable Additional Conditions.
4. FilmDoo is a registered trade mark of FilmDoo Ltd. All other trade-marks that appear as part of the Service are owned by us or our licensors, unless otherwise specified.
5. You may not reproduce, transmit, copy, distribute, modify, link, display, use, transfer or sell any content of this Service (including without limitation videos, text, graphics, software, names, trade-marks and logos), or use any such content for commercial purposes, except as set out in these Terms, without our prior written consent.
Privacy Policy
Please refer to our specific documentation titled Privacy Policy.
Governing Law
These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims)..
Miscellaneous
1. The Site and Services may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Service. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site and Services:
  1. Disable, hack, circumvent or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any FilmDoo content or materials;
  2. Use any metadata, meta tags or other hidden text utilizing a FilmDoo name, trademark, URL or product name;
  3. Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
  4. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Services to send altered, deceptive or false source-identifying information;
  5. Upload, submit, post, email, or otherwise transmit, via the Services, any Content or other materials that are, in the sole opinion of FilmDoo, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain pornography, erotica, child pornography or child erotica, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, or constitute hate speech or are otherwise objectionable;
  6. Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available, servers or networks connected to the Site or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Site;
  7. Attempt to scan, probe or test the vulnerability of any FilmDoo system or network or breach, impair or circumvent any security or authentication measures protecting and providing security for the Services;
  8. Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Services;
  9. Attempt to search, meta-search or access the Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by FilmDoo or other generally available third-party web browsers (e.g., Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks;
  10. Collect or store personal data about other users of the Services without their express and explicit permission;
  11. Misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;
  12. Use the Services in any manner not permitted by the Terms of Service; or
  13. Instruct or encourage any other individual to do any of the foregoing or to breach and/or violate any of the Terms of Service.
2. Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of FilmDoo to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
3. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
4. Subcontractors. We use subcontractors to provide certain aspects of the Services and in some cases permit them to access Customer Data subject to appropriate obligations of security, confidentiality and compliance with applicable laws. We remain responsible for our subcontractors' compliance with these Terms with respect to their services provided hereunder.
5. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or sublicense any of our rights and obligations hereunder without consent.
6. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
7. Notices. Unless otherwise specified in these Term, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@filmdoo.com. You acknowledge and agree that FilmDoo may occasionally send you communications regarding your account or the Services via email or by posting on the Services. You acknowledge and agree that FilmDoo may occasionally send notices to you regarding your Account or the Services via email or via the Services.
8. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
9. Open Source. The Service may contain or be distributed with open source software or other third-party software which may be covered by a different license. Notwithstanding anything to the contrary, the obligations of FilmDoo set forth in these Terms do not extend to any open source software or such other third-party software which may be made available by FilmDoo, or otherwise obtained or used by you. You agree that all open source software or such other third-party software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms. To the fullest extent possible, FilmDoo disclaims all warranties and liability regarding such open source and third-party software in accordance with the terms of these Terms.
10. Third Party Links. The Website may contain links to third party websites or advertising or other material submitted by third parties. It is the responsibility of these third parties to ensure that such content and such websites and materials comply with all relevant laws and regulations. We make no representation or warranty in respect of such third-party websites or materials and disclaim any and all liability in connection with such third party material and websites.
11. Social Media. The Website may contain a function enabling you to connect your account to various social media websites. You should be aware that in doing so, people may be able to see that you are a FilmDoo member and may be able to view information about the Video Content you have watched and other information relating to your use of the Services. By using the site and/or consenting via your social media Website (for example your Facebook account), you are expressly consenting to the disclosure by FilmDoo of this information in accordance with the terms of our Privacy Policy. You should refer to the privacy settings and terms and conditions of the relevant social media website(s) for information about how your information may be shared on such website(s).
12. Headings; Interpretation. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these Terms shall be read as being followed by "without limitation" where appropriate.

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Term & Conditions