Terms and Conditions

Esso Smiles Driver Rewards™ Programme terms and conditions

Membership

  1. The Esso Smiles Driver Rewards™ Programme ("Programme") is proprietary to ExxonMobil Hong Kong Limited ("EMHK"). Acceptance of any person(s) to the Programme shall be subject to the approval of EMHK and once accepted by EMHK, participation by any such person ("Cardmember") in the Programme shall be subject to the following terms and conditions which may be amended from time to time by EMHK. The Programme shall only be valid within Hong Kong Special Administrative Region of the People's Republic of China ("Territory") and at Esso branded service stations situated within the Territory ("Service Stations").
  2. Two types of Esso Smiles cards are operated under the Programme, these are:
    Esso Smiles Classic Card: Applicants for the Card shall be aged 18 or over and each Cardmember is entitled to one (1) Esso Smiles Classic Card only; and
    Esso Smiles Affinity Card – Piped LPG Estates: Only residents of units under a valid consumer contract for the supply of piped LPG with the operator(s) of designated piped LPG estate(s) may apply for an Esso Smiles Affinity Card – Piped LPG Estates under the Programme .Applicants for the Card shall be aged 18 or over. In respect of each eligible residential unit of a designated estate, only a maximum of one (1) resident may register for an Esso Smiles Affinity Card under this Programme. EMHK reserves the right to cancel or terminate any duplicate Esso Smiles Affinity Card issued to resident(s) from the same residential unit or to refuse to accept any application for registration for membership without assigning any reason whatsoever.
    The Esso Smiles Classic Card and the Esso Smiles Affinity Card – Piped LPG Estates are collectively referred to as "Cards" and "Card" shall mean either of them.
  3. The Programme and these terms and conditions, as amended from time to time, shall be governed by the laws of the Territory. Cardmember and EMHK agree to submit to the exclusive jurisdiction of the courts of the Territory.
  4. Any person desiring to become a Cardmember shall complete and submit a registration in the form prescribed by EMHK and if accepted by EMHK, will be able to enjoy privileges under the Programme. The use of Cards shall at all times be subject to these terms and conditions.
  5. The Card is not a credit card or charge card and is non-transferable. The use of the Card is solely restricted to the person to whom the Card is issued and for use in connection with the Programme only. The Card shall not be used for paying for purchases at the Service Stations or the convenience stores located therein and all such purchases shall be paid separately by cash or such other modes of payment which EMHK or the operators of the Service Stations may allow at its absolute discretion from time to time at the Service Stations.
  6. The Cardmember warrants and represents that the details and particulars contained in the registration form referred to in Clause 4 above shall be true, accurate and complete. Upon receipt of the Card, the Cardmember may commence using the Card for accumulation of Esso Smiles points ("Points") through purchases of fuel or such other items as EMHK may designate from time to time in its absolute discretion ("Qualifying Purchases") subject to the terms and conditions herein.
  7. The Cardmember shall notify EMHK promptly in writing of any changes to his/her details and/or particulars submitted to EMHK or stated in his/her registration form. EMHK shall not be liable for any claims, demands, liabilities or actions arising out of or in connection with the Programme or the use of the Card where such claims, demands, liabilities or actions would not have arisen but for the Cardmember's failure to notify EMHK of such changes.
  8. All Cards shall at all times remain the property of EMHK and shall be surrendered to EMHK immediately upon request. EMHK may, at its sole discretion, terminate the membership of the Cardmember, the Programme or the Card at any time upon notice and without assigning any reason therefor.
  9. Lost, damaged or defective Cards shall be reported immediately to the Esso Smiles Customer Service Centre on 3197-8188. If a Card is lost, EMHK may at its discretion issue a replacement Card at a cost of 1,000 Points and any delivery charges incurred shall be charged to the Cardmember. Where a Card is damaged or is defective, a replacement Card may be issued, at EMHK's discretion, to the Cardmember. Any Points accumulated and are valid in the lost, damaged or defective Card may, at EMHK's absolute discretion, be credited to the replacement Card. EMHK shall not be held liable for the loss of any such Points due to card loss, damage or defect. Points cannot be exchanged or redeemed for cash.
  10. A Cardmember may at any time terminate his/her membership by informing the Esso Smiles Customer Service Centre. In such an event, EMHK shall not be responsible or liable for any unredeemed Points which shall be forfeited upon such termination by Cardmember without notice to the Cardmember.
  11. Use of the Card by the Cardmember shall constitute acceptance of these terms and conditions.

Accumulation of Points

  1. Points will be awarded to a Cardmember having possession of a valid Card and presenting it to the pump attendants or cashier of the Service Stations for Qualifying Purchases. Any purchases other than the Qualifying Purchases shall not be awarded any Points, unless otherwise notified by EMHK.
  2. The Card shall be presented to the pump attendant or cashier at the Service Station before making the Qualifying Purchase, failing which, Points may only be awarded at the discretion of EMHK upon presentation of satisfactory proof of purchase including without limitation receipts for such valid Qualifying Purchases.
  3. Once the Card is credited with the Points corresponding to any Qualifying Purchase, a transaction receipt prepared by the cashier at the Service Station will be issued to the Cardmember. Unless otherwise stated or specified by EMHK, such transaction receipt shall be conclusive record of the Qualifying Purchase made and the Points accumulated thereon. The receipt shall contain details of the Qualifying Purchases and the Points earned and balance. No monthly statement will be sent to the Cardmember.
  4. As permitted by EMHK at its sole discretion, the Points awarded and credited to a Card may be combined with Points or points of such other Card or card issued by or on behalf of EMHK and registered with such Cardmember's details.
  5. EMHK reserves the right to determine, vary or change from time to time the type or quantum of Qualifying Purchases and the corresponding number of Points to be awarded upon notice and without assigning any reasons whatsoever. EMHK also reserves the right to impose restrictions, from time to time, in respect of the frequency and/or quantum, on the use of the Card and/or the number of Points that can be accumulated on such Card in a single calendar day, week or month or such periods as EMHK deems fit, notwithstanding the type or quantum of the Qualifying Purchases made.

Rewards Redemption

  1. A Cardmember who has accumulated sufficient Points in his/her Card and has submitted his/her personal details as defined in the Card registration form to EMHK, (failing which his/her Card will not be activated for redemption), is eligible, subject to meeting any conditions that EMHK may impose, to redeem the same for such items as EMHK may designate from time to time at its absolute discretion ("Rewards"). The Rewards shall be listed in the then current catalogue for such Rewards ("Rewards Guide") and redemption of the Rewards shall be subject to the terms and conditions therein.
  2. The Cardmember may refer to the Rewards Guide for items available for redemption, which shall be for the purpose of information only and shall not be construed as constituting any representation or warranty as to their availability. Further, EMHK gives no representation or warranty with respect to any products and/or services featured in the Rewards Guide, including warranty with respect to the quality of the Rewards or their merchantability, fitness or suitability for any particular purpose. Where the Rewards are covered under any manufacturers' warranty, any disputes or claims shall be forwarded directly to the manufacturers concerned.
  3. If the Reward is available for instant redemption at the Service Stations, the Cardmember has to present his/her Card to be swiped prior to processing for payment.
  4. EMHK does not accept, and expressly disclaims, any liability whatsoever with respect to all and any Rewards supplied or in connection with any refusal by any supplier of the Rewards to accept certificates/vouchers issued for the purpose of redeeming such Rewards. Any dispute arising out of or in connection with the use of such certificates/vouchers shall be solely between the Cardmember and the suppliers concerned.
  5. Issuance of Rewards in the form of dining or hotel/resort vouchers does not constitute a reservation with the service establishments concerned. The Cardmember is responsible for making all reservations and notifying the participating service establishment of the vouchers that they intend to use.
  6. Rewards in the form of vouchers/certificates are valid for use subject to the expiry date specified on the vouchers/certificates. All unused certificates/vouchers shall after the expiry date be deemed null and void and shall not be replaced by EMHK. The use of the vouchers/certificates are subject to the terms and conditions contained therein and are valid for use only at such participating establishments as are stated thereon.
  7. Certificates/vouchers of specified value cannot be exchanged for cash, whether in whole or in part. Where the value of goods and services which the Cardmember wishes to redeem with such certificates/vouchers exceeds the specified value of such certificates/vouchers, the Cardmember shall pay the difference to the participating establishment concerned.
  8. When applicable, delivery of Rewards shall be made to an address as stated in the Cardmember's registration form or as notified to EMHK in writing from time to time. Delivery charges may be applicable at EMHK's absolute discretion. All deliveries shall only be made to an address within the Territory and shall be deemed delivered when sent by post or registered mail or courier to such address, as EMHK deems fit.
  9. All Rewards are on an as-is basis and do not include installation, batteries, etc.
  10. Upon redemption of a Reward, the Cardmember's Points recorded in his/her account will be debited by the corresponding number of Points in accordance with the then current Rewards Guide where the Points accumulated earliest shall be debited first. In the event that additional redemption price is required for redemption of any Rewards, payment shall be made instantly by cash or such other modes of payment which EMHK may allow at its absolute discretion from time to time at the time of redemption.
  11. All registration for redemption of Rewards shall be made to EMHK on or before the relevant Point's expiry date. Any accumulated Points, which are not redeemed by their corresponding expiry dates, shall automatically expire from the Cardmember's account without further notice to the Cardmember.
  12. Rewards featured in the Rewards Guide are subject to availability and are available on a first-come-first-served basis. In the event of a selected Reward not being available for whatever reason, EMHK reserves the right to reject the redemption or to offer alternative Rewards of equivalent value at the same corresponding Points for redemption. For Rewards that are to be redeemed directly with suppliers which may be appointed by EMHK from time to time ("Instant Rewards Redemption"), the Cardmember shall present his/her Card for the Instant Rewards Redemption and shall comply with any terms and conditions imposed by such supplier. Rewards, once redeemed, cannot be revoked, exchanged, returned, refunded or used in conjunction with other discounts, coupons or promotions. In any and all circumstances, any deduction of Points from the Cardmember's account for redemption of Rewards (including Instant Rewards Redemption) shall not be reversed.
  13. The Cardmember shall be responsible for the examination of any Rewards immediately upon receipt for defects or damage, whether in its packaging or otherwise, and to verify the contents of the Rewards redeemed. Where the Reward or its packaging is found to be damaged or defective or that the contents therein is incomplete, the Rewards should be returned, on the spot, to the cashier at the Service Stations or the supplier concerned or the person delivering the Rewards on behalf of the supplier for its return to the supplier (as the case may be). No exchange or return of Rewards is allowed after the Cardmember acknowledges the receipt of the Rewards.
  14. EMHK reserves the right to reject any request for the replacement of defective or damaged Rewards should the Cardmember fail to return the same as set out in Clause 29 above.
  15. Notwithstanding any provision to the contrary, EMHK reserves the right not to provide any replacement Rewards if in EMHK's opinion the item is found to be damaged or rendered faulty due to the negligence, acts or omissions of the Cardmember.
  16. To the maximum extent permitted by law, EMHK and its directors, officers, employees, agents, contractors and representatives shall not be held liable for any death or injury or loss or damage of any nature (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) howsoever arising out of or in connection with the redemption, supply or use of the Rewards, or the loss, theft or destruction of the Rewards. All such claims shall be directed or forwarded to the manufacturers, suppliers or such appropriate parties concerned with the supply of the Rewards.
  17. Notwithstanding any other provisions and without prejudice to any other rights and remedies stated herein, EMHK reserves the right to deduct accumulated Points from the Cardmember's account, refuse the Cardmember's redemption of any Rewards, or recall any redeemed Rewards under the following circumstances:
    1. if any Points in the Cardmember's account are suspected to have been fraudulently recorded or obtained;
    2. if any Points in the Cardmember's account were erroneously awarded due to system glitches or any other reasons;
    3. if any Points in the Cardmember's account were awarded pursuant to a transaction, which has been cancelled, voided, refunded or reversed; and/or
    4. if any Points in the Cardmember's account were awarded pursuant to purchases of inventory and stocks by a Cardmember who is a dealer appointed to operate and manage a Service Station.
  18. EMHK has the right, upon notice and without assigning any reasons whatsoever, to determine and change, at its absolute discretion, from time to time:
    1. the Rewards which may be redeemed using Points awarded under the Programme, whether featured in the Rewards Guide or in any other documents or materials; and
    2. the number of Points required for redemption of any Reward.

Cardmember Discount

  1. EMHK may, from time to time, extend to the Cardmember discounts ("Discount") for his/her Qualifying Purchases upon presentation by the Cardmember of a valid Card to the pump attendants or cashier of the participating Service Stations. The Card shall be presented to the pump attendant or cashier before payment of the Qualifying Purchases, failing which, no discount will be extended.
  2. EMHK has the right to determine, vary or change, or remove from time to time, the type or quantum of Qualifying Purchases eligible for the Discount, and the Discount rate, without prior notice and assigning any reasons whatsoever. EMHK also reserves the right to impose restrictions, from time to time, in respect of the frequency and/or quantum on the use of the Card and/or the maximum purchase amount eligible for the Discount that can be accumulated on such Card in a single calendar day, week or month or such periods as EMHK deems fit, notwithstanding the type or quantum of the Qualifying Purchases made.

Points Expiry

  1. Points awarded and credited to the Card shall expire and be forfeited if the Cardmember does not make any Qualifying Purchase or is not awarded any Points by EMHK within 12 months from the date on which the last Point was awarded. Points transferred from another Esso Smiles account or converted from loyalty points of an external partner with which EMHK has points conversion programmes or arrangements are considered as Points awarded by EMHK for the purposes of determining Point expiry date under the Programme.
  2. EMHK reserves the right to cancel or terminate any Card in the event the Cardmember does not make any Qualifying Purchase or is not awarded any Points by EMHK within 12 months from the date on which the last Point was awarded, and any Points accumulated thereunder shall be forfeited.

Variation

  1. Esso Smiles Classic Card: The Cardmember agrees that EMHK may from time to time vary, add or amend the terms and conditions herein set out by giving notice to the Cardmember by way of display at the Service Stations or in any other manner EMHK considers appropriate. In the event the Cardmember is not agreeable to such variation, addition and/or amendment, the Cardmember shall surrender the Card and return the same to EMHK within seven (7) working days from the date of such variation, addition or amendment, failing which the Cardmember shall be deemed to have accepted the variation, addition and/or amendments of the terms and conditions herein.
    Esso Smiles Affinity Card – Piped LPG Estates: The Cardmember agrees that EMHK may from time to time vary, add or amend the terms and conditions herein set out by giving notice to the Cardmember by way of display at the shop(s) of EMHK's designated authorized operator(s) of piped LPG or in any other manner EMHK considers appropriate. In the event the Cardmember is not agreeable to such variation, addition and/or amendment, the Cardmember shall surrender the Card and return the same to EMHK within seven (7) working days from the date of such variation, addition or amendment, failing which the Cardmember shall be deemed to have accepted the variation, addition and/or amendments of the terms and conditions herein. EMHK may from time to time terminate or suspend any offers, promotions or discounts under or in relation to the Programme or vary, amend or amend the terms and conditions of such offers, promotions or discounts by giving notice to the Cardmember by way of display at the shop(s) of EMHK's designated authorized operator(s) of piped LPG or in any other manner EMHK considers appropriate.

Participating Companies

  1. EMHK reserves the right to invite or allow any other companies to participate in the Programme and in such event to modify the Programme and any of the terms and conditions provided herein or other agreements or documents relating to the Programme, including the terms and conditions of redeeming Rewards.

Data Privacy

  1. EMHK may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in the prevailing General Personal Information Collection Statement for Esso Smiles Members, and the prevailing Specific Personal Information Collection Statement for Conversion Services (if the Cardmember also signs up for any conversion services under the Programme), both of which shall be deemed incorporated into these terms and conditions.
  2. If the Cardmember signs up for any other specific services related to the Programme, EMHK may collect, use and disclose the Cardmember's personal data in the manner and for the purposes set out in any other specific notification issued in connection with such services, and such notification shall be deemed incorporated into these terms and conditions upon its issuance.
  3. The statements and/or notifications mentioned in Clauses 41 and 42 above may be revised by EMHK from time to time and the updated versions will be available on https://www.essosmiles.com.hk/en/about-smiles/personal-information-collection-statement .
  4. The Cardmember agrees that EMHK shall be entitled to obtain information relating to the Cardmember from any third parties at any time, including without limitation conducting checks with any third party for the purpose of ascertaining whether the Cardmember is a member, resident, participant, employee or otherwise of any association, estate, organization, company or otherwise and his/her eligibility for membership registration under the Programme.
  5. The Cardmember's participation in the Programme is conditional upon his/her acceptance of EMHK's collection, use and disclosure of his/her personal data in accordance with Clauses 41 to 45. By submitting a registration form under in the Programme and/or using the Card, the Cardmember shall consent, and shall be deemed to have consented, to EMHK's collection, use and disclosure of his/her personal data in accordance with Clauses 41 to 45.

Security of Card

  1. The Cardmember shall take all necessary precautions and security measures to ensure proper and valid use of the Card and to prevent loss of the same.
  2. EMHK shall not be liable, in the absence of wilful misconduct or negligence on the part of EMHK and its employees, for any loss or damage suffered by the Cardmember arising out of or in connection with the use of Card.

Exclusion of Liability

  1. The Cardmember assumes all risk and liability for loss, damage, or injury to the person or property of the Cardmember or others arising out of the Cardmember's participation in the Programme and/or use or possession of the Card. To the furthest extent permitted by law, EMHK shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) including but not limited to personal injury, death or loss of or damage to property suffered by the Cardmember arising out of or in connection with the Cardmember's participation in the Programme and/or use or possession of the Card.
  2. EMHK shall not be liable for any loss of accumulated Points or loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) suffered as a result of any defect or error in any hardware or software or inability to retrieve any information or data from any systems used in relation to the Programme (whether for the recording of Points accumulated or otherwise).
  3. EMHK shall not be liable for any loss or damage (whether direct, indirect, consequential, special, incidental, penal, punitive, exemplary or otherwise) caused to the Cardmember arising from any act or omission of any operators of any Service Stations, EMHK's designated authorized operators of piped LPG and/or EMHK's appointed agents, contractors or suppliers including without limitation, any refusal to honour or accept the Card or any statement or other communication made in connection with the Programme or any defective or deficient goods or services supplied. Any dispute or claim the Cardmember may have with or against any operators of any Service Stations, EMHK's designated authorized operators of piped LPG and/or EMHK's appointed agents, contractors or suppliers shall not affect the obligations of the Cardmember under these terms and conditions.
  4. All representations and warranties, whether express or implied and whether arising under any law or regulation or otherwise, as to the condition, suitability, quality, fitness or safety of any goods and/or services supplied in relation to the Card are expressly excluded to the furthest extent permitted by law.
  5. Without prejudice to any other terms and conditions set out herein, any liability EMHK may have to Cardmembers arising out of or in connection with the use of the Card or the redemption of Rewards which cannot be excluded or which is not already provided for herein is hereby limited, to the furthest extent permitted by law, to the reinstatement of such Points or cost of such Rewards as EMHK shall at its discretion determine.
  6. EMHK shall not be liable howsoever for any error, delay, default, loss or damage, which may be directly or indirectly resulting from causes outside the reasonable control of EMHK, including but not limited to, technical breakdowns, failures or errors, industry disputes, wars, terrorist activities, acts of God or the public enemy, floods, fires, hostilities, labour disturbances, strikes, riots, insurrections, civil commotions, epidemics, and storms.
  7. Without limiting the other provisions of these terms and conditions, EMHK shall not be liable for any loss or damage suffered by the Cardmember due to any of the following reasons:
    1. any delay or failure in Card replacements;
    2. any loss, theft or damage to any Reward in the course of delivery or post;
    3. any failure by any supplier of the Rewards to abide by the terms and conditions on which it has agreed to provide the Reward;
    4. any statement, communication or implication arising from any revocation, suspension or restriction of the use of the Card; and
    5. any failure or omission to notify the Cardmember of any changes of these terms and conditions, Rewards Guide, participating companies, Qualifying Purchases and Points awarded for Qualifying Purchases.

Dispute Resolution

  1. Any claim or disputes arising out of or in connection with the Programme or the use of the Card shall be referred directly to EMHK for decision, whose decision shall be final and binding on the Cardmember and EMHK's records of all matters relating to the Programme shall be conclusive and binding on the Cardmember.

Termination

  1. EMHK reserves the right to, at its sole discretion, withdraw or terminate the Programme at any time upon notice and without assigning any reasons therefor.
  2. Esso Smiles Classic Card: Upon EMHK's notification of the Programme withdrawal or termination, the Cardmember shall have one (1) month from the date of the notification or such other period as EMHK may state in such notification, to redeem accumulated Points for available Rewards. Upon expiry of the aforesaid period, all Points remaining in the Cardmember's account shall be nullified and invalidated automatically and EMHK shall have no obligations or liabilities in respect of such Points, by way of compensation or otherwise, to the Cardmember and the Cardmember shall have no claim whatsoever against EMHK.
    Esso Smiles Affinity Card – Piped LPG Estates: The membership of the Cardmember shall be terminated upon the expiry or termination of the piped LPG supply agreement between EMHK and the designated estate of which the Cardmember's residential unit forms part. Without prejudice to the foregoing, EMHK reserves the right to terminate the membership of the Cardmember upon the expiry or termination of the consumer contract for the supply of piped LPG in respect of the designated estate's residential unit that the Cardmember resides in. In the event the Cardmember's membership is terminated by EMHK or the Programme is withdrawn or terminated by EMHK, all Points remaining in the Cardmember's account shall be nullified and invalidated at EMHK's absolute discretion and EMHK shall have no obligation or liability in respect of such Points, by way of compensation or otherwise, to the Cardmember and the Cardmember shall have no claim whatsoever against EMHK.

Miscellaneous

  1. Esso Smiles Classic Card: Without prejudice to any other terms and conditions set out herein, anotice shall be deemed to be given by EMHK to a Cardmember if it is posted to the latest address of the Cardmember appearing in the Cardmember's records maintained by EMHK or the registration form submitted by the Cardmember, or by way of a notice displayed at the Service Stations or posted on the Esso Smiles website - www.essosmiles.com.hk.
    Esso Smiles Affinity Card – Piped LPG Estates: Without prejudice to any other terms and conditions set out herein, a notice shall be deemed to be given by EMHK to a Cardmember if it is posted to the latest address of the Cardmember appearing in the Cardmember's records maintained by EMHK or the registration form submitted by the Cardmember, or by way of a notice displayed at the shop(s) of EMHK's designated authorized operator(s) of piped LPG or posted on the Esso Smiles website - www.essosmiles.com.hk.
  2. Notwithstanding anything in these terms and conditions, EMHK's rights and entitlement under these terms and conditions which by their nature shall continue to remain in full force and effect and survive any cancellation, withdrawal, termination, revocation or suspension of the Programme, the use of the Card or the Cardmember's participation in the Programme, shall so survive.
  3. If any of these terms or conditions is found to be invalid or unenforceable, whether by law or regulations or otherwise, such invalid or unenforceable provision shall be severed from these terms and conditions and the invalidity or unenforceability of such terms or conditions shall not affect the validity or enforceability of the other terms or provisions herein contained which shall remain in full force and effect.
  4. These terms and conditions shall be in addition to and not in derogation of any specific agreement or arrangement with regard to the Programme now or hereafter, and from time to time, subsisting between EMHK and the Cardmember or any terms and conditions that may be specified in any written communication notified by EMHK to the Cardmember from time to time.
  5. Any abuse or fraud with respect to the award of Points under the Programme or redemption of Rewards shall result in the termination of the Cardmember's participation in the Programme, cancellation of the Card, forfeiture and revocation of Points and where applicable, the Cardmember shall forthwith return any redeemed Rewards (or pay its reasonable compensation thereto) to EMHK.
  6. EMHK shall have the right to assign and/or transfer, at any time, to any third party, its rights, obligations or liabilities under the Programme (including without limitation, these terms and conditions, the ownership of the Cards and/or the Cardmember's accounts), without the prior consent of, or notice to, the Cardmember.
  7. No person or entity other than EMHK and the Cardmember shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong) to enforce any of these terms and conditions.
  8. These terms and conditions have been translated into Chinese. If there is any inconsistency between the English version and the Chinese version, the English version shall prevail.

Cards in the Esso Smiles Family

  1. These terms and conditions shall apply to all other cards deemed by EMHK as affiliated to this Programme, unless otherwise stated.
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