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Terms And Conditions Discenslearning

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  • Terms And Conditions Discenslearning

TERMS AND CONDITIONS – DISCENSLEARNING

This text constitutes the CONTRACT that will govern the relationship between ALICIA MONTERO SCHIEMANN (hereinafter, ALICIA MONTERO SCHIEMANN), with NIF 05435667P, address C/. Tord 15, casa 6, 2o, A, – 07609 Llucmajor (Illes Balears), and You (the CLIENT / STUDENT) when browsing the website owned by ALICIA MONTERO SCHIEMANN and making a payment through its platform.

Read this document carefully. Here you will find the Terms and Conditions that regulate the contracting and purchasing through our website, the rights and obligations of both parties and the information of the procedures of the purchase process, among other matters.

We inform you that these Terms and Conditions comply with the provisions of Spanish Law 34/2002, of July 11, “Law of Services of the Information Society and Electronic Commerce” (“Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico” hereinafter, "LSSICE"), Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the “General Law for the Defense of Consumers and Users and other complementary laws” (“Ley General para la Defensa de los Consumidores y Usuario y leyes complementarias”, hereinafter, "Ley de Consumidores y Usuarios") and the rest of current national Spanish legislation in the matter.

At the same time, we warn that it is mandatory that the CLIENT / STUDENT is of legal age so that they can acquire a product through https://discenslearning.com/.

Object Of The Contract

The purpose of this contract is to regulate the contractual relationship of sale between ALICIA MONTERO SCHIEMANN and the Client. This relationship is established when the Client accepts the corresponding checkbox during the online contracting process.

This contractual relationship of sale involves the delivery of a specific service in exchange for a price that is publicly displayed on the website.

These Terms and Conditions are mandatory for both parties. The CLIENT / STUDENT will be bound to every one of these Terms and Conditions without any reservation when contracting products/services through ALICIA MONTERO SCHIEMANN, being their obligation and responsibility to read them previously.

During the course of your order, prior to authorizing the payment, the CLIENT / STUDENT must accept the Terms and Conditions. If you are not satisfied with them, do not go ahead with the purchase process, since such conditions will apply to you in any case.

To purchase a product in ALICIA MONTERO SCHIEMANN you must follow the process detailed below:

1.- Access the products or services that are described in the different sections of the website of ALICIA MONTERO SCHIEMANN.

2.- Select the products you want to purchase by clicking on the "Add to cart" button.

3.- The shopping cart will appear on your screen so that you can choose to continue selecting products or to finish the purchase.

4.- Personal Data. To continue with your purchase order for self-study courses you will be asked for the following information: Name, Surname, Email Address and Country of Residence, for tax reasons. It will be necessary to create a (free) User Account that will be associated with your email requesting a password to generate that account in ALICIA MONTERO SCHIEMANN, Account with which you can monitor the entire processing of your order. If the CLIENT / STUDENT already has an Account on this website, they will be able to log in right away.

5.- Payment. Select the option you want to choose and follow the corresponding instructions to make the payment. You must enter the discount coupon code when the system indicates it.

6.- Acceptance of the Terms and Conditions. In order for the CLIENT / STUDENT to continue with the process, they must read our Terms and Conditions and the Privacy Policy, and accept them by checking the corresponding box if they agree.  We remind the CLIENT / STUDENT that pressing this button will imply the acceptance of our Terms and Conditions, being bound and obliged to them.

7.- If you have made mistakes in the introduction of the data, the system itself will prevent you from moving forward and the corresponding warning will appear on the form indicating the errors to be corrected.

8.- Confirmation of the completion of the purchase process. Once the payment process is finished, you will automatically receive a confirmation from ALICIA MONTERO SCHIEMANN in your email inbox with all the details of your purchase and the information to access the course. If you have not received this confirmation, you need to email us at info@discenslearning.com.   

If you have any difficulty accessing the course platform or if you need an invoice for this payment (apart from the payment receipt that will be sent to you by email), please contact us by email (info@discenslearning.com). For the issuance of the invoice, you must inform your Name and Surname, your Spanish DNI / DNE (or equivalent ID Number for other countries) and your Address.

All prices of the services offered on the website  https://discenslearning.com/ are expressed in the Euro (€) currency, although payment electronically can be made in the currency of the country of residence of the CLIENT / STUDENT. The service is exempt from Spanish IVA (equivalent to VAT) under the following regulations:

  • “Artículo 132.1,i) de la Directiva 2006/112/CE del Consejo, de 28 de noviembre de 2006, relativa al sistema común del Impuesto sobre el Valor Añadido.”
  • “Artículo 20. Uno, 9º de la Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido.”

The price corresponding to each product will be the one specified at all times on the website. The corresponding discounts will be applied in the price depending on the discount coupons that the CLIENT / STUDENT uses for the purchase.

ALICIA MONTERO SCHIEMANN reserves the right to modify prices and conditions of purchase depending on the fluctuation of market price. However, the price and conditions that were established at the time you place your order will always be respected and applied.

 

All prices of the services offered on the website  https://discenslearning.com/ are expressed in the Euro (€) currency, although payment electronically can be made in the currency of the country of residence of the CLIENT / STUDENT. The service is exempt from Spanish IVA (equivalent to VAT) under the following regulations:

  • “Artículo 132.1,i) de la Directiva 2006/112/CE del Consejo, de 28 de noviembre de 2006, relativa al sistema común del Impuesto sobre el Valor Añadido.”
  • “Artículo 20. Uno, 9º de la Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido.”

The price corresponding to each product will be the one specified at all times on the website. The corresponding discounts will be applied in the price depending on the discount coupons that the CLIENT / STUDENT uses for the purchase.

ALICIA MONTERO SCHIEMANN reserves the right to modify prices and conditions of purchase depending on the fluctuation of market price. However, the price and conditions that were established at the time you place your order will always be respected and applied.

 

ALICIA MONTERO SCHIEMANN makes available to the CLIENT / STUDENT the following types of services / products:

Free web browsing

It is not necessary for Users to provide their personal data through forms. Users are only affected by the use of cookies on the website.

Users have the option to comment on the Blog or to request contact by completing the necessary form.

They may also leave a testimonial/review of the course taken, that will be published after the User grants their publishing authorization.

Free (online) self-study mini-courses

These are self-study lessons for beginners offered to potential CLIENTS / STUDENTS, who do not have to pay any type of fee to sign up and to participate, but it is necessary to log in to the course platform through a (free) User Account on the website of ALICIA MONTERO SCHIEMANN.

Users can log in to this website with a (free) User Account to:

  • Learn a new language from scratch with the free mini-courses.
  • Subscribe to the free newsletter.
  • Download free learning material (PDF files or audio files) available on the Blog.

To access these free courses, it is necessary to provide an Email Address and a Username, that is freely chosen by the CLIENT / STUDENT. You will receive information from WordPress (emails with instructions to tak the course and emails confirming that your account was successfully created, that you signed up for the course, and that you finished it) and from Mailerlite (recommendation of free content and a discount to purchase the paid course).

By selecting the free mini-course you will not be able to participate in live classes. The comprehensive learning material of the free course, available on the course platform, is 100% digital. The CLIENT / STUDENT accesses the platform from "intranet", to which they are given access when completing the creation of the User Account. Through "intranet" the CLIENT / STUDENT downloads their certificate of completion of the mini-course once they have passed all the tests (multiple-choice quizzes in digital format) that are included in the course. There is no fee to obtain and to download the certificate of completion.

There is no deadline to finish the course. The CLIENT / STUDENT has permanent, lifetime access to the course, unless the CLIENT / STUDENT requests the deletion of their data from the list of students.

Once the mini-course is finished, you get a 25% discount on the purchase of the paid course, but it is not  necessary or mandatory to take said course after the free course.

The CLIENT / STUDENT who signs up for the free course will automatically receive the newsletter provided by ALICIA MONTERO SCHIEMANN. If you want to stop receiving  the newsletter, at the bottom of each email there is a link where you can request to unsubscribe.

If the CLIENT / STUDENT wants to request the elimination their User Account, thus unsubscribing from the course (and, consequently, losing their access to its content), they must write an email to info@discenslearning.com requesting their User Account to be deleted.

Self-study (online) paid courses

By selecting this type of self-study courses for beginners, the CLIENT / STUDENT will have access to written material in digital format, audiovisual content, and live webinars. All content is available on the course platform, to which the CLIENT / STUDENT will have access through "intranet" (by logging in to their User Account).

These paid courses have a free trial lesson. To have access to the free trial, it is not necessary to sign up and to create a User Account.

To access the entire content of the course, the CLIENT / STUDENT needs to finish the signup process, providing a Username, an Email Address, and their Country of Residence.

The payment can be made through PayPal (through a single payment) or by Stripe (that gives the possibility of making a single payment or paying in three installments over three months, without any interest).

Once the payment option has been selected, the CLIENT / STUDENT will receive a receipt by email.

If the CLIENT / STUDENT needs an invoice, they must expressly request it by email.

Once the signup process is completed, the CLIENT / STUDENT will have access to all the self-study digital content of the course through  "intranet", where they can also book a spot to participate in the webinars and where they can download their certificate of completion.

There is no deadline to finish these lessons. They can be accessed permanently, unless the CLIENT / STUDENT requests the deletion of their data from the list of students, which implies that they will lose their access to all the content of the course.

To (voluntarily) request that their User Account be deleted or to request to be eliminated from the list of students of the course, the CLIENT / STUDENT must write an email to info@discenslearning.com, also confirming through this means their elimination.

To access the live webinars, the CLIENT / STUDENT has the possibility to book a spot during the first six months after signing up for the paid course. Please send an email (to info@discenslearning.com) prior to the live session raising questions, so that they can be addressed with maximum effectiveness during the webinar.

Participation in webinars during these first six months of the course is completely voluntary and is not a requirement for obtaining the certificate of completion. The certificate will be obtained once the CLIENT / STUDENT has passed all the tests (multiple-choice quizzes in digital format) that are included in the course. Spots in webinars are limited.

To participate in the webinars, the CLIENT / STUDENT  does not need to provide their real name, but only a nickname (pseudonym). Students participating in the event will only see the nicknames of other participants and will not have access to their personal information. The CLIENT / STUDENT also does not need to use the microphone and/or webcam of their device during the webinars. You can participate in these live sessions only as a listener. You can also write questions in the chat and ask for your turn to speak if you want to participate more proactively. The intensity of the participation of the students in the webinars varies depending on the desire of the participants to intervene, the number of participants, and the development of the sessions.

The CLIENT / STUDENT, at any time of the course, will also have access to the most recent webinars to watch them on demand, since the live sessions are recorded and then uploaded to "intranet" so that all the students of the course can watch them in streaming. The "intranet" is also used by the CLIENT / STUDENT to download, at no additional cost, their certificate of completion of the course.

The didactic content included in the online self-study courses strictly follows the guidelines of the Council of Europe through the Common European Framework of Reference for Languages (hereinafter, "CEFR"). The content of the paid courses corresponds to the parameters of level A1 of the CEFR. The completion of the paid course, accredited by the certificate of completion, is the evidence that the CLIENT / STUDENT passed all the lessons of the course and the final questionnaire.

However, certain academic institutions and work environments may require the CLIENT / STUDENT to provide additional documentation proving their language skills, such as the official language certificates TELC, DELE, SIELE, or CELPE-Bras, for example. These official certificates may also be required by national authorities for issuing residence permits in the respective countries, among other procedures. The certificate of completion that the CLIENT / STUDENT obtains in their online self-study course in ALICIA MONTERO SCHIEMANN does not officially replace those certificates. Neither ALICIA MONTERO SCHIEMANN nor any other (physical or online, public or private) language teaching institution offers certificates of course completion that replace these official certificates.

Private lessons (tutoring)

ALICIA MONTERO SCHIEMANN also offers real-time, 60-minute customized Spanish and Brazilian Portuguese online lessons with a private tutor. Private lessons can be hired individually or through blocks of lessons and have no expiration date.

The service covers all levels of the CEFR and provides tailor-made materials according to the interest of the CLIENT/STUDENT. A trial lesson is offered free of charge and without any commitment.

There are two levels for private lessons:

  • First level. This is the trial lesson of approximately 40 minutes. The free lesson is requested and scheduled on the website.

Private lessons are conducted through the Zoom platform (or through WhatsApp when facing technical difficulties). To schedule the lesson, the CLIENT / STUDENT uses Calendly, a platform integrated with Zoom to send confirmation and reminding emails.

In this case, the future CLIENT / STUDENT must provide ALICIA MONTERO SCHIEMANN with their Name, Surname and Email Address. In case of using WhatsApp, you must also provide your Mobile Phone Number (please indicate it in the comments box).

  • Second level. The student purchases individual lessons or blocks of lessons, for which ALICIA MONTERO SCHIEMANN generates an invoice. For this, billing information is required (Name, Surname, Spanish DNI or Equivalent National ID Number and Address).

You can pay via PayPal or bank transfer. It is a one-time payment.

Private lessons will be conducted through the Zoom platform (or through WhatsApp in case of encountering technical difficulties).

The CLIENT/STUDENT can provide their Phone Number to Calendly to receive SMS to remind them of the scheduled lessons, but it is not mandatory.

The CLIENT/STUDENT will use the Calendly link that will be provided to schedule their private lessons (and, if necessary, to reschedule them).

The CLIENT/STUDENT may record the lesson if they request prior authorization.

ALICIA MONTERO SCHIEMANN makes available to the CLIENT / STUDENT two payment options for online self-study paid courses:

  1. Payment by credit/debit card:

The CLIENT/STUDENT can pay with Visa, MasterCard or any other card that is correctly validated. It is a secure method that is done through a payment gateway that  does not give ALICIA MONTERO SCHIEMANN access to the bank details of the CLIENT / STUDENT.

  1. Payment by PayPal:

PayPal is a secure payment system that allows you to pay directly without entering your bank details (for example, your bank account and your credit or debit card number). If you want more information about this payment system, you can find it on www.paypal.com.

Your bank details are managed with total confidentiality, as they are collected directly by the PayPal payment platform, without access from anyone else, not even ALICIA MONTERO SCHIEMANN.

 

SENDING THE PURCHASE RECEIPT

ALICIA MONTERO SCHIEMANN will not send any proof of purchasing until the system has verified that the payment has been made.

As the order does not entail the delivery of any physical product (the educational services are used or downloaded directly from the website), ALICIA MONTERO SCHIEMANN will previously inform the CLIENT / STUDENT by email how to use or download the course material.

PRODUCT WARRANTIES

  • RIGHT OF WITHDRAWAL

In accordance with Article 103 of the “Ley de Consumidores y Usuarios”, it is not applicable to request the right of withdrawal for the following products / services:

  1. c) The supply of goods made according to the specifications of the consumer and user or clearly custom-made.

(m)The supply of digital content which is not provided on a tangible medium once its use has started and, if the contract imposes a payment obligation on the consumer or user, when the following conditions are met:

  1. The consumer or user has given their prior consent to start the use during the period of the right of withdrawal
  2. The consumer or user has expressed his knowledge that, consequently, they lose their right of withdrawal; and
  3. The entrepreneur has provided a confirmation in accordance with Article 98.7 or Article 99.2.

Unless there is agreement between ALICIA MONTERO SCHIEMANN and the CLIENT / STUDENT otherwise, the CLIENT / STUDENT may not exercise the right of withdrawal referred to in this paragraph once the training purchased by them has begun.

ALICIA MONTERO SCHIEMANN recalls that this right does not apply to the legal person.

  • CLAIMS

Any claim that the CLIENT / STUDENT deems appropriate will be attended as soon as possible, and can be made at the following contact options:

Postal address: ALICIA MONTERO SCHIEMANN, C/. Tord 15, casa 6, 2o, A, – 07609 Llucmajor (Illes Balears) Phone: +34 644 917 505.

Email address: info@discenslearning.com.

In case of claim or dispute of any nature, ALICIA MONTERO SCHIEMANN and the CLIENT / STUDENT undertake to try to resolve the complaint or conflict amicably.

7.1 CONTINUITY AND CONSISTENCY OF SERVICE

ALICIA MONTERO SCHIEMANN expressly agrees to provide all the resources in the delivery, availability, and provision of services in general and, in this document, undertakes to fulfill these obligations as a service provider to the extent of her possibilities.

ALICIA MONTERO SCHIEMANN undertakes to act with the greatest diligence and attention as possible and proceeds to provide a quality service in accordance with generally recognized practices in this industry - except in the hypothetical case that the service is suspended under special instructions required.

Consequently, ALICIA MONTERO SCHIEMANN will be contractually obliged to offer daily (24/24) and weekly (7/7) access to the services provided. She is also conditional on being able to guarantee the services given the supply conditions (succeeding network performance).

ALICIA MONTERO SCHIEMANN reserves the right to interrupt the service through her server to carry out essential maintenance to improve network performance or for any other operational reason related to maintenance.

ALICIA MONTERO SCHIEMANN, without affecting any of her rights and responsibilities, promises to inform the CLIENT / STUDENT, within a reasonable period, of the date on which she intends to carry out the maintenance so that the CLIENT / STUDENT can make other arrangements.

The CLIENT / STUDENT acknowledges that the training may not be available in case they cannot access the Internet or this website. ALICIA MONTERO SCHIEMANN will not be responsible for the inability of the CLIENT / STUDENT to access the training under these circumstances.

In particular, it is the CLIENT/STUDENT who must maintain their own protection against viruses, as well as the updated version of their browser. ALICIA MONTERO SCHIEMANN will not be responsible for any viruses transmitted through her website.

Similarly, ALICIA MONTERO SCHIEMANN disclaims any responsibility for unauthorized access to computer systems, or for the looting of any data as a result thereof. However, ALICIA MONTERO SCHIEMANN applies the appropriate means to prevent illegal intrusions. ALICIA MONTERO SCHIEMANN will not be responsible in any case for damages related to it, such as operating loss, loss of profit, loss of value, damages, or expenses.

7.2. QUALITY OF SERVICE

ALICIA MONTERO SCHIEMANN undertakes to exercise with due diligence and care her offer, providing a quality service, in accordance with the normal practices of the industry, subject to the interruption of the services explicitly requested by the Administrative Authorities.

If the training established by the CLIENT / STUDENT is suspended following a decision of a Competent Authority, ALICIA MONTERO SCHIEMANN will reimburse the CLIENT / STUDENT or offer them a credit valid for one year, equal to the amount of said training offer.

The Parties agree that ALICIA MONTERO SCHIEMANN has the right to modify the services without prior notice.

7.3. AFTER-SALES SERVICES

ALICIA MONTERO SCHIEMANN undertakes to provide the CLIENT / STUDENT with the necessary technical assistance (problems accessing the course, navigation through the platform, etc.) regarding the online training acquired. The CLIENT / STUDENT can get in touch with ALICIA MONTERO SCHIEMANN for any request related to training (except for those requests that, by their nature, require tutoring) by contacting: info@discenslearning.com.

It should be borne in mind that info@discenslearning.com email address  is  not a teacher-student means of communication to clarify doubts related to the didactic content of online self-study courses. On the contrary, this email address will be used to request the aforementioned assistance, in addition to other services mentioned in these Terms and Conditions, such as sending inquiries prior to the completion of self-study lessons.

INTRODUCTION

The CLIENT / STUDENT expressly accepts to have verified the compatibility between their demand and the offer of services and fully acknowledges having obtained of all the information and advice necessary from ALICIA MONTERO SCHIEMANN, so that this agreement can enter into force with the knowledge and binding certainty.

The CLIENT undertakes to verify the identity of the STUDENT before their assignation in ALICIA MONTERO SCHIEMANN.

The CLIENT guarantees to act within their sole responsibility if, as a result of access to the service, it is not carried out in accordance with what can be considered reasonable acts of use made by the STUDENT, that they are in possession of their access to the course platform and their password and that they do not respect the general guide of instructions for the correct use initially provided by ALICIA MONTERO SCHIEMANN.

The CLIENT, if the conditions are met, must inform the STUDENT about these terms and will be responsible with respect to this matter.

The relevant parties to the contract also acknowledge that ALICIA MONTERO SCHIEMANN can modify with total transparency the provision of the service without the need to carry out any prior communication procedure other than to inform the CLIENT / STUDENT that the level of provision of services already provided will be adjusted.

The CLIENT/STUDENT acknowledges being informed of the provisions of the regulations relating to security (protection or physical security) and operational safety. The CLIENT / STUDENT will be solely responsible for the consequences of non-compliance with these rules and these Terms and Conditions.

 

TRAINING DEVELOPMENT

The CLIENT / STUDENT undertakes to check beforehand that they have the necessary conditions to carry out the training. Access to the course platform is done directly from a computer, smartphone or tablet connected to the Internet. ALICIA MONTERO SCHIEMANN is not responsible in case of absence or deficiency of such connection.

The CLIENT / STUDENT will access the services offered from ALICIA MONTERO SCHIEMANN by creating a User Account that includes a Username and Password designated and created by the CLIENT. Access to online training, granted by ALICIA MONTERO SCHIEMANN, is strictly private. The transmission of access data (Username/Password) to a third party is strictly prohibited. The CLIENT/STUDENT agrees not to give, under any circumstances, either free of charge or for a fee, access to third parties in any form. If the CLIENT is a company and if the STUDENT leaves the company, the CLIENT undertakes to deactivate this User Account or contact ALICIA MONTERO SCHIEMANN to delete obsolete accounts.

 

Responsibility of the CLIENT towards the CLIENT / STUDENT

The CLIENT, when creating a CLIENT/STUDENT account on the Website, expressly undertakes to pay for any order initiated by the designated CLIENT/STUDENT.

The CLIENT, when creating a CLIENT/STUDENT account on the Website, expressly undertakes to pay for any order initiated by the designated CLIENT/STUDENT.

ALICIA MONTERO SCHIEMANN may, without prior notice, suspend or terminate the access of CLIENTS / STUDENTS to its services and training, in whole or in part, for any valid reason, including, without limitation:

  • If the CLIENT / STUDENT does not comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or policies of use.
  • If, for any reason, ALICIA MONTERO SCHIEMANN suspends or discontinues the service or is unable to provide a service (or any part thereof) to the CLIENT / STUDENT.

When ALICIA MONTERO SCHIEMANN exercises any of her rights or faculties under this Clause, such exercise will not hinder or affect the exercise of any other right, faculty or resource that may be available to ALICIA MONTERO SCHIEMANN.

If the CLIENT / STUDENT opts for payment in three installments and only pays the first installment corresponding to the first month, their access to the course will be canceled the second month and successive months.

ALICIA MONTERO SCHIEMANN may, under certain circumstances, use, for advertising purposes, printed commercial documentation resulting from specialized publications or trade fairs. ALICIA MONTERO SCHIEMANN could use the name of the CLIENT / STUDENT and / or their opinion, for advertising purposes, but this could only be validated with the express authorization of the CLIENT / STUDENT.

The CLIENT / STUDENT expressly acknowledges and consents that all copyright, trademark and other intellectual or industrial property rights on the products and services offered through the website of ALICIA MONTERO SCHIEMANN or on the content provided as part of the website correspond at all times to ALICIA MONTERO SCHIEMANN or to those who granted ALICIA MONTERO SCHIEMANN license for its use. The CLIENT / STUDENT may make educational use of the content of courses and the Blog. The CLIENT/STUDENT may not modify the content or use it in its entirety, nor give it commercial use for the benefit of the CLIENT / STUDENT. The educational material of the website and the courses are licensed under Creative Commons ("Attribution-NonCommercial-NoDerivs CC BY-NC-ND"). The PDFs of the courses are also registered in the Intellectual Property Registry of Spain (Registration Number: 00/2021/749, 0/2021 /3719, 00/2021/750 and 00/2021/3717).

In accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an out-of-court resolution of consumer disputes accessible through the Internet address https://ec.europa.eu/consumers/odr/.

For any question, conflict or controversy that may arise in relation to the validity, interpretation, compliance and / or execution of these Terms and Conditions or any other matter arising from the relationship between the parties, they expressly submit to Spanish legislation and the competence of the Courts and Tribunals of Llucmajor,  expressly waiving any other legislation or jurisdiction that is their own, unless by law other different ones are imperatively determined.

ALICIA MONTERO SCHIEMANN reserves the right to modify these Terms and Conditions at any time. In that case, it will be made known to the CLIENT/STUDENTS.

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