Terms and Conditions

This document – the Terms & Conditions – (or "T&C", “Agreement”) is an agreement between you (the “User”, “Doctor”, “Health Care Provider”, “Patient”, “End-User”) and Wayu Health Pvt. Ltd. ("Wayu Health", “Company”). It contains conditions you agree to follow when using our mobile and web applications as well as our websites, including when you ask questions and when you view or input content on or into the Apps. The Wayu Health Privacy Policy Statement is officially part of these T&C, and can be accessed here.

When you register on Wayu Health’s Apps you verify that you have read and agree with the Terms & Conditions as well as the Privacy Policy.

These T&C and the Privacy Policy together constitute a legal agreement (“Agreement”) between you – the “user” – and Wayu Health in connection with your visit to the Website and your use of the Wayu Health’s Apps including WayuMD, WayuMD For Doctors, and FirstStep.

We May Update this Agreement

These Terms & Conditions may change. Because your use of Wayu Health Apps and Website means you agree to these T&C’s, if we revise and update these T&C’s, your continued use of Wayu Health Apps and Website will mean that you accept those changes. You choose whether or not you use Wayu Health Apps and Website. If you do not agree to all of these Terms & Conditions, please do not use Wayu Health Apps and Website.

Applicability of Terms

The Terms and Conditions Agreement applies to you if you are:

1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to avail the services provided by Wayu Health Apps and website, authorised associates of such practitioners or institutions (“Health Care Provider”, “HCP”, “you” or “User”); or

2. A patient, their guardian, representatives or affiliates, consulting with Health Care Provider(s) (HCP) through the Website or App (“Patient”, “End-User”, “you” or “User”); or

3. Otherwise a user of the Website or Apps (“you” or “User”).

This Agreement applies to all services made available by Wayu Health on their Website, and their mobile and web Apps.

Your Health, Your Choices:

We are dedicated to enabling and empowering you to make smart choices for your health and well-being. Our mission is to provide you with a platform that empowers you to seek personalised and pertinent health advice, and support your doctor-patient relationship by making it more accessible, affordable and intelligent.

Wayu Health Products and Services:

WayuMD For Doctors: WayuMD offers Health Care Providers (“HCP”) a platform to set up and operate their online/virtual ‘clinics’ and offer their services to their patients. The platform includes features that allow doctors to maintain an online presence on the App, made available and accessible to other Users, answer patient queries, look up their patients medical profile and history during a consultation, and conduct paid consultations with their patients.

WayuMD: WayuMD (for Patients, “Users”) allows Users to create and maintain an online account with up-to-date medical profiles, create and maintain a Care Team of their doctors and/or HCPs, seek health advice and request consultations with their doctors and/or HCPs for a fee.

FirstStep: FirstStep is a paediatric app for parents to record, maintain and track the health and well-being of their child using features like personalised immunisation schedules, growth charts and developmental milestones covering a baby’s development in four major areas – cognitive, social & emotional, communication, and physical development. Our services may change from time to time, at the sole discretion of Wayu Health. The T&C will apply to your visit to and your use of the Website, and any & all Wayu Health Apps, to avail the services provided, and to all information provided by you on these platforms.

Use of FirstStep

FirstStep is a paediatric app for parents to record, maintain and track the health and well-being of their child using features like personalised immunisation schedules, growth charts and developmental milestones covering a baby’s development in four major areas – cognitive, social & emotional, communication, and physical development.

The vaccination plan recommended in the FirstStep App is adopted from the online contents of the Indian Academy of Pediatrics and other such sources like the World Health Organisation (WHO) as well as the government recommended immunisation programs in respective countries.

This app is purely a reminder service, and is meant to serve as an enabler for timely immunisations and capturing other relevant information regarding the child. The App does not take responsibility for the actual implementation of the plan by the user, or the accuracy and validity of the data entered/captured by the user.

Use of WayuMD App

WayuMD allows you to conduct an online consultation with your Doctor or HCP. As such, on the WayuMD platform, an HCP may provide virtual consults, diagnosis and prescriptions, as appropriate. You, the user, consent to Wayu Health transferring your consult queries to the HCP(s) selected and determined by you for the respective consult. You understand and agree that the information during these interactions is subject to our Privacy Policy.

WayuMD, however, is not a substitute for a primary care doctor, or in-person health care interactions. You agree not to use WayuMD as a substitute for a primary care doctor or in- person doctor visits. Diagnosis and prescriptions provided via the WayuMD apps are at the sole discretion of the HCPs using the platform. You understand and agree that any issues, questions or concerns relating to these consults must be taken up directly with your HCPs.

WayuMD is a platform for you to connect with your doctor and discuss topics related to your health and well-being. These Apps, and Wayu Health, do not take responsibility for the any advice given during the interactions on the Apps, and the agreement with and implementation of that advice is solely at the discretion of the Users.

Never use WayuMD (including Apps or website) in a potential or actual medical emergency.


Doctor-Patient Relationship

While our platform supports Doctor-Patient relationships, we do not create nor are responsible for doctor-patient relationships.

During your use of our Apps and website services, you may come across and/or receive content - text, data, graphics, images, information, suggestions, guidance, and other material – including information provided in response to your particular query by the your HCP(s). However, the provision or exchange of such information does not create a licensed doctor-patient relationship, between Wayu Health and you.

Health Care Providers on WayuMD

While Wayu Health takes steps to verify the medical registration of doctors and HCPs using our platform to provide their services, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided by the HCPs on their profiles. Wayu Health does not recommend or endorse any specific individual and/or HCP(s) that may be mentioned on the website or Apps. In no event will Wayu Health be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the website and/or Apps. No medical, legal or any other decision shall be based solely upon the information provided through the website or Apps.

Consult Fees on WayuMD and other Paid Services

WayuMD is a platform that allows you to connect with and consult with your doctor(s) and/or HCPs. Your HCP may have a fees associated with the consultations they provide you on WayuMD. The Apps provide a payment service to collect the consult fees from you on behalf of the HCP. Your payment is processed through secure third-party payment gateway services.

When you use WayuMD or other paid services provided via our Apps or website, you understand that Wayu Health will collect payment from such services from you on behalf of the HCPs providing you the respective services. You acknowledge that Wayu Health is not liable for the treatment or advice given during the consult (or other paid service) and cannot be held liable.

Cancellations and Refunds

Under certain circumstances, you may be able to cancel a transaction on WayuMD and be eligible for a full refund of your payment, including when:

1. You submitted a consult to an HCP, and they have not yet opened the message or responded to your query.
2. The HCP declined your consult request for any reason.
3. A technical glitch on the Apps or website caused your consult to not be submitted to the HCP.
However, we cannot address disputes or concerns you may have during or after a consult with your HCPs. Any requests for or expectations of refunds in this case must be taken up directly with your HCPs

Medical Advice

The site or app and any related communication does not guarantee the accuracy or authenticity of the information. Use of any information appearing on the website or Apps is solely at the user's own risk.

The information and communication through the website or Apps is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified Health Care Provider with any questions the user may have regarding a medical condition. Wayu Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website or Apps. The website or Apps may contain health- or medical-related materials which the user may find offensive, then they may not want to use our website or Apps.

In no event will Wayu Health be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the website and/or Apps. No medical, legal or any other decision shall be based solely upon the information provided through this wesite or Apps.

Drugs and Medicines Policy

The information about drugs, including generic drugs and vaccines, contained in the Apps and website is general in nature and is intended for use as an informational aid. It does not cover all possible uses, actions, precautions, side effects, or interactions of these medicines, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks & benefits of taking a particular drug. All such actions should be taken only under the advice of a qualified medical professional.

Payments & Purchases

You may decide to buy plans, products and services through our website and/or Apps. Payment for such purchases is your responsibility and can be executed through different means - including (but not limited to) credit and debit cards, gift coupons, third-party payment services and gateways (incl. CCAvenue, Payeezy, Paypal) and in some cases cash.

You are responsible for providing valid payment information (for any of the payment means including but not limited to those mentioned above) at the time you purchase any plans, products and services. You represent and warrant that you are an authorized user of such payment means, and you agree to pay all charges resulting from your transaction at the prices then in effect. You agree that Wayu Health may pass your payment information (e.g credit card) and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized. The ultimate responsibility of payment lies with the purchaser of the plans, products and/or services.

The charges for any plans, products or services may attract taxes, cess or any other charges as levied by competent authorities in a given region. These additional charges will be borne by the purchaser and will be paid at the time of purchase.
Wayu Health reserves the right to modify or terminate membership plans, change prices, or institute new charges for any product or service at any time, with at least thirty (30) days' notice where applicable to existing customers.

Communications to The User

When you register on Wayu Health website and/or Apps, we may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account profile. These communications will not contain Personal Health Information.

When the user signs up for our email newsletters they will receive additional promotional emails from Wayu Health or our Sponsors, Partners and Associates. In order to subscribe to Wayu Health newsletters via email, we need the user’s contact information, like name and email address. You can opt out of promotional communications and control your communications preferences through your Account settings.

If you experience difficulties with our automated unsubscribe service, please contact us. Wayu Health will manually unsubscribe you from that newsletter. In some cases, when you click on a link or an advertisement on our website or Apps, in an e-mail or newsletter, your browser may be momentarily directed to the website of a third party which, acting on behalf of Wayu Health notes or "counts" your response to the e-mail or newsletter before re-directing your browser to your selected destination; this re-direction process may not be apparent to you.

Your Account Security and Privacy

Accurate and complete registration information is required to use Wayu Health Apps and website. You, the user, are responsible for maintaining the confidentiality of the your account access information and password. You are responsible for the security of your passwords and for any use of your account. You must immediately notify us of any unauthorized use of your password or account.

You are not permitted to allow any other person or entity to use your identity for using any of Wayu Health’s Apps and/or Websites.

You may add dependants to your account on Wayu Health Apps and website. If you seek consults and/or access your dependants’ records through your Wayu account, you are responsible for the records of your dependants and all obligations that your dependants would have had had they maintained their own individual Wayu Health account.
To send us an email, use the "Contact Us"/Support/feedback links located on our website and Apps. You grant Wayu Health and all other persons or entities involved in the operation of the website and Apps the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website and Apps. Wayu Health cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Wayu Health tools and services.

International Users Consent to Terms and Policies

We make no representation that all products, Content or Services described on or available through the Apps, are appropriate or available for use in locations outside India. Registered Users and Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside of India. Personal information ("Information") that is submitted to Wayu Health Apps and website will be collected, processed, stored, disclosed and disposed of in accordance with applicable law and our Privacy Policy. If you are a non-Indian member, you acknowledge and agree that Wayu Health may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. Indian law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these T&C and Privacy Policy. If you do not consent to such transfer, you may not use our Apps or website. The product information provided on Wayu Health is presently intended only for residents of India, and may have different product labeling and disclosure requirements in different countries.

Terms specific to Health Care Providers

WayuMD for Doctors provides Health Care Providers (HCP) a platform to set up an online presence and use the Apps to connect with their patients, and help those in need of health and well-being advice.

You, the HCP, hereby represent and warrant that you will use the Wayu Health Apps and services in accordance with applicable laws. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Wayu Health accepts no liability for the same.

HCP Online Profile

The HCP is solely responsible for the authenticity and validity of the information they provide on their respective online profiles on Wayu Health Apps and websites. HCPs agree to provide Wayu Health with the required information during the verification checks at the time of registration or any other verification check done at a later date.

The HCP understands that the information provided by them via the WayuMD for Doctors App (in particular the profile contents), or through the Company, may be made available to the general public, Wayu Health App users and that they have no objection to the same.

The HCP warrants that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using any of Wayu Health Apps and website. You confirm that no such content breaches any third party rights, including intellectual property rights. Should we be made aware of a breach of the foregoing representation, Wayu Health may modify or delete parts of your posted information at its sole discretion with or without any notifications to you, the HCP.

If Wayu Health determines that the HCP has provided inaccurate information or enabled fraudulent activity, Wayu Health reserves the right to immediately suspend any accounts on any of Wayu Health Apps and/or website. We may also make such declaration on the Apps and/or website against your Name, profile and/or listing for the protection of our business and in the interests of Users. The HCP shall be liable to indemnify Wayu Health for any losses incurred as a result of their misrepresentations or fraudulent activity that has adversely affected Wayu Health and/or its Users.

HCP Search Listing

In order for patients to find a HCP, WayuMD offers a search function. All HCPs on the Wayu platform who satisfy the search criteria are listed on the search results. The search results listing do not represent any fixed objective ranking or endorsement by Wayu Health. The rankings are based on automated computations that include but are not limited to the relevance with search criteria, HCPs’ availability and use of the Apps. We cannot be held responsible for the accuracy and the relevancy of the listing of the HCPs on the Apps or websites. Wayu Health is not liable and responsible for the ranking of the HCPs on external websites and search engines.

HCP Online Consults

HCP is solely responsible for the interactions with users via the Wayu Health Apps and website. As a Health Care Provider, you agree to perform your services and fulfill your obligations towards your patient (user) to the best of your skills and ability.

When any User contacts the HCP via the WayuMD App, only the HCP shall be allowed to perform the services for the User, and the HCP may under no circumstances transfer the performance of their Services to any other person, whether under their supervision or not. The HCP accepts all responsibility and liability for the use of WayuMD Apps and website, including the performance of its services by any other party claiming to be the HCP and agrees to indemnify Wayu Health against any claim or loss that may be faced by Wayu Health as a consequence of such use.

Any content, message or communication sent by a User to the HCP via Wayu Health Apps or website is based solely on information uploaded by the Users. Wayu Health is not responsible for any incompleteness or inaccuracy of such information, including if, as a result of the inaccuracy, a communication is sent to an unintended recipient.

HCP Consult Fees collection and transfer

HCPs may charge a consultation fee for consults or interactions conducted with patients via Wayu Health Apps and website. The HCPs agree to allow Wayu Health to collect such payments on behalf of the HCP. Wayu Health will remit the amount to the HCP and deduct a certain portion of the amount paid as its fees for providing the services.

Wayu Health shall remit the fees to the HCP in accordance with the terms agreed between the HCPs and Wayu Health.

Wayu Health reserves the right to revise the fee terms at any time, at their discretion. The HCPs continued use of the services and WayuMD for Doctors App shall constitute their consent to such revision.

HCP Responsible Use of the WayuMD App

HCPs hereby agrees that they shall use the WayuMD for Doctors App for the purpose specified in these Terms & Conditions and shall not use the WayuMD for Doctors App for any unauthorized and unlawful purpose, including impersonating another person.

HCPs shall promptly renew their licenses required to provide medical services and notify Wayu Health of any updates or changes to their medical registration numbers and/or licenses.

The HCP confirms and warrants that they:

1. are qualified to provide medical services within the territory of India
2. have obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal
3. have provided on Wayu Health’s Apps and Website true, accurate, complete and up to date details about their qualification and credentials The HCP agrees that they shall abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws, at all times.

HCP Confidentiality of Patient Information

The HCP agrees to hold all information provided by a User to them in strictest confidence , under all circumstances. HCP agrees that they shall not disclose any information or documentation provided by a User to any other person, nor shall they allow, by act or omission, such information or documentation to be acquired by any other person.

HCP Termination of Account

Wayu Health reserves the right to terminate any account of HCP on any Apps and website including when:

1. The HCP breaches any terms as listed in the Terms & Conditions, the Agreement between Wayu Health & HCP, and/or privacy policy or applicable laws.
2. Wayu Health is unable to verify or authenticate any information provided to it by the HCP.
3. Wayu Health in its sole and absolute discretion believes that actions of the HCP may cause legal liability for Wayu Health and/or other Users, and/or may adversely affect the services rendered by Wayu Health.

Acknowledgements

We have attempted to provide acknowledgement of sources as references for text, but there is likelihood that several acknowledgements are not mentioned. The Company is certainly willing to correct omissions of citations & encourage our readers to email us with further information regarding the sources.

If the user believes any materials accessible on or from the website/Apps infringe their copyright, they may request removal of those materials (or access thereto) from the website/Apps by contacting Wayu Health and providing the following information:

  • Identification of the copyrighted work that the user believes to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that the user believes to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • User’s name, address, telephone number and (if available) e-mail address.
  • A statement that the user has a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that the user has supplied is accurate, and indicating that "under penalty of perjury," the user is the copyright owner or is authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.


In an effort to protect the rights of copyright owners, Wayu Health maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the website/Apps who are repeat infringers.

Copyrights

Information on the Wayu Health website and Apps is for personal use & may not be sold or redistributed. To reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from Wayu Health.

The Content is protected by copyright under both Indian and foreign laws. Title to the Content remains with Wayu Health or its licensors. Any use of the Content not expressly permitted by these Terms & Conditions is a breach of these T&C and may violate copyright, trademark, and other laws. Content and features are subject to change or terminate without notice in the editorial discretion of Wayu Health. All rights not expressly granted herein are reserved to Wayu Health and its licensors.

All content on the Wayu Health website and Apps including designs, text, graphics, pictures, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the sole proprietary property of Wayu Health unless otherwise indicated. You do not have the right to modify, copy, perform, distribute, frame, reproduce, republish, upload, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, without Wayu Health's prior written consent as they are protected under applicable copyright laws and treaty provisions (including but not limited to applicable intellectual property laws).

Trademarks

We also own the names we use for our products and services on Wayu Health, and these names are protected by trademark laws in India. and internationally. Any use of our trademarks require our prior written approval.

User Profile and Privacy Policy

Our website's and Apps' registration and query requires users to give us personal information such as their name, email and demographic information such as their address and telephone number. The user's personal information is used to contact the visitor as and when necessary. This personal information also allows us to inform the users about updates to the service and further additions on Wayu Health website and Apps. We collect personal information from user when they register on Wayu Health’s website or Apps, or when they submit a query to us. We maintain this information as private to the best of our ability.

User Conduct

User shall use the website and Apps for lawful purposes only. User shall not post or transmit through Wayu Health website or Apps, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. User shall not use Wayu Health website or Apps to advertise or perform any commercial solicitation.

The user also understands that the company cannot & does not guarantee or warrant that files available for downloading through the service will be free of infection or viruses, worms or other code that manifest contaminating or destructive properties.

You may not access the website or Apps for any benchmarking or competitive purposes such as monitoring its availability, performance or functionality. You may not resell, redistribute, or put to any commercial use, any content or information from this app or site.

User License

Provided that you are eligible for use of the website and/or Apps, Wayu Health hereby grants you a limited license to access and use the website and/or Apps and the Site Content solely for your personal, non-commercial use. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Unauthorized use may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated here, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

Linking to Us

Usually, we don't mind if you have a simple link from your website to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that is not clear to our users. You are not allowed to link to us if you engage in illegal, obscene, or offensive content, or if the link in any way has a negative impact on our reputation.

Liability

The use of the Wayu Health website and Apps and the Content is at your own risk. The providers of this website and Apps disclaim any & all liabilities arising directly or indirectly to anybody as a result of use of this website and/or Apps.

Indemnity

You agree to defend, indemnify, and hold Wayu Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

In no event shall Wayu Health and its parent organizations, subsidiaries and affiliates, and each of their directors, officers, agents, consultants, contractors, partners, employees, suppliers and sponsors be liable to you or any third person for any indirect, consequential, punitive, special, incidental or exemplary damages of any type or kind, including loss of data, revenue, profits, or other economic advantage, arising out of or in any way connected with the website and/or apps, including for any content obtained through the service, any error, omission, interruption, deletion, inaccuracy, defect, delay in operation or transmission, communications line failure, technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure or email or players on account of technical problems or traffic congestion on the internet or at the app or website or combination thereof, even if Wayu Health has been previously advised of such damages or has been previously advised of the possibility of such damages. Under no circumstances will Wayu Health be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Apps, website or any user content posted on or through the Apps or website or transmitted to users, or any interaction between users of the app or website, whether online or offline even if Wayu Health has been previously advised of such damages or has been previously advised of the possibility of such damages.

Wayu Health does not represent or warrant that software, content or materials on the Apps or website are accurate, complete, reliable, current or error-free or that the Apps, website or its servers, or any platform applications are free of viruses or other harmful components. The Apps, website and all content are provided to you strictly on an "as is" basis. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Apps or website at your own discretion and risk and that you will be solely responsible for your use thereof and any injury or damage to your or to any person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the app or website, theft or destruction or unauthorized access to, or alteration of the app or website, loss of data or other harm of any kind that may result. The app or website may be temporarily unavailable from time to time for maintenance or other reasons.

Force Majeure

Wayu Health shall not be liable for any failure or unavailability of the app or site as a result of the loss or destruction of data, the deletion or corruption of storage media, power failures, unavailability of suppliers or any other event beyond its control.

Invalidity

If any one or more of the provisions contained in the T&C Agreement should be determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby.

Governing Law

This Agreement shall in all respects be governed by and be construed in accordance with the laws of the Gurgaon, Haryana and applicable laws of India therein.




Last Updated: 21 September 2015
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