PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
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The following demonstrates terms and conditions of use (here-in-after referred to
as an "Agreement"), applicable to your use of MetalBecho.com (hereinafter referred
to as "web site"), which promotes business between suppliers and buyers globally.
It is an agreement between you as the user(s) of the web site (the "User(s)") and
Mango Infotech. (hereinafter referred to as "MI").
Before you subscribe to and/or begin participating in or using web site, MI believes
that user(s) have fully read, understood and accept the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or
otherwise use the web site.
I. WEBSITE- MERELY A VENUE/PLATFORM
Web site acts as a mere venue/platform for our members to negotiate/interact for
buying, selling and other business services by way of locating companies to trade
with, through our on-line exchange.
We do not take part in the actual transaction that takes place between the buyers
and sellers and hence are not a party to any contract for sale negotiated between
buyers and sellers. All transactions will be the responsibility of the members only.
This agreement shall not be deemed to create any partnership, joint venture, or
other joint business relationship between MI and other party.
II. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates
in India or in other countries, uses and has the right to use the services provided
by MI. Our services are available only to those individuals or companies who can
form legally binding contracts under the applicable law. Therefore, user(s) must
not be a minor as per Indian Law, i.e. user(s) must be at least 18 years of age
to be eligible to use our services.
MI reserves the right to allow or disallow individuals or companies from using our
services.
MI advises its users that while accessing the web site, they must follow/abide by
the related laws. MI is not responsible for the possible consequences caused by
your behavior during use of web site. MI may, in its sole discretion, refuse the
service to anyone at any time. The service is not available to temporarily or indefinitely
suspended members of web site.
III. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or
paid user(s) who access the web site for any purpose. It also applies to any legal
entity which may be represented by you under actual or apparent authority. User(s)
may use this site solely for their own personal or internal purposes.
This agreement applies to all MI services offered on the web site, collectively
with any additional terms and condition that may be applicable to the specific service
used/accessed by user(s).In the event of a conflict or inconsistency between any
provision of the terms and conditions mentioned herein with those of the particular
service, the provisions of the terms and conditions applicable to such specific
services shall prevail.
IV. AMENDMENT TO USER(S) AGREEMENT
MI may change, modify, amend, or update this agreement from time to time without
any prior notification to user(s) and the amended and restated terms and conditions
of use shall be effective immediately on posting. If you do not adhere to the changes,
you must stop using the service. Your continuous use of the service will
signify your acceptance of the changed terms.
V. INTELLECTUAL PROPERTY RIGHTS
MI is the sole owner or lawful licensee of all the rights to the web site and its
content. Web site content means its design, layout, text, images, graphics, sound,
video etc. The web site content embodies trade secrets and intellectual property
rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the web site and its content shall remain with
MetalBecho.com, its affiliates or licensor's of MetalBecho.com content, as the case
may be.
All rights, not otherwise claimed under this agreement or by MetalBecho.com, are
hereby reserved. The information contained in this web site is intended, solely
to provide general information for the personal use of the reader, who accepts full
responsibility for its use. MI does not represent or endorse the accuracy or reliability
of any information, or advertisements (collectively, the "content") contained on,
distributed through, or linked, downloaded or accessed from any of the services
contained on this web site, or the quality of any products, information or other
materials displayed, or obtained by you as a result of an advertisement or any other
information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained
from the use of this information. All information in this web site is provided "as
is" with no guarantee of completeness, accuracy, timeliness or of the results obtained
from the use of this information, and without warranty of any kind, express or implied,
including, but not limited to warranties of performance, merchantability and fitness
for a particular purpose. Nothing herein shall to any extent substitute for the
independent investigations and the sound technical and business judgment of the
user(s). In no event shall MI be liable for any direct, indirect, incidental, punitive,
or consequential damages of any kind whatsoever with respect to the service, the
materials and the products. User(s) of this site must hereby acknowledge that any
reliance upon any content shall be at their sole risk.
The information presented here has been compiled from publicly aired and published
sources. MI respects these sources and is in no way trying to infringe on the respective
copyrights or businesses of these entities. MI reserves the right, in its sole discretion
and without any obligation, to make improvements to, or correct any error or omissions
in any portion of the service or the materials.
- Trademark
"MetalBecho", "MetalBecho.COM", "MetalBecho" and related icons and logos are registered
trademarks or trademarks or service marks of MI in various jurisdictions and are
protected under applicable copyright, trademark and other proprietary rights laws.
The unauthorized copying, modification, use or publication of these marks is strictly
prohibited.
- Copyright
All content on this web site is the copyright of MI except the third party content
and link to third party web site on our website.
MI is not an expert in your intellectual property rights, and we cannot verify that
the users of our online marketplace - who post literally tens of thousands of trade
leads for items on the website each day - have the right to sell the goods offered.
We will appreciate your assistance in identifying listings which may not appear
on their face to infringe your rights but which you believe are infringing. MI is
also not an arbiter or judge of disputes about intellectual property rights. By
taking down a listing, as a prudential matter, MI is not endorsing a claim of infringement.
Neither, in those instances in which MI declines to take down a listing, is MI determining
that the listing is not infringing, nor is MI endorsing the sale of goods in such
cases.
MI respects the intellectual property rights of others, and we expect our user(s)
to do the same. We believes that user(s) agree that they will not copy, download
& reproduce any information, text, images, video clips, directories, files, databases
or listings available on or through the web site (the "MI content") for the purpose
of re-selling or re-distributing, mass mailing (via email, wireless text messages,
physical mail or otherwise), operating a business competing with MI, or otherwise
commercially exploiting the MI content. Systematic retrieval of MI content to create
or compile, directly or indirectly, a collection, compilation, database or directory
(whether through robots, spiders, automatic devices or manual processes) without
written permission from MI is prohibited.
In addition, use of the content for any purpose not expressly permitted in this
Agreement is prohibited and may invite legal action. As a condition of your access
to and use of MI's services, you agree that you will not use the web site service
to infringe the intellectual property rights of others in any way. MI reserves the
right to terminate the account of a user(s) upon any infringement of the rights
of others in conjunction with use of the MI service, or if MI believes that user(s)
conduct is harmful to the interests of MI, its affiliates, or other users, or for
any other reason in MI's sole discretion, with or without cause.
- URL's/Sub-Domain
URL's/Sub-Domain Names assigned by MI to its users (which includes both paid and
free) is the exclusive property of MI and it cannot be assumed to be permanent in
any case. MI reserves the right, without prior notice, at any point of time, to
suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN
SUCH CASE, MI WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL
OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION OR OTHERWISE.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s)
and MI has not have any control over such sites i.e. content and resources provided
by them.
MI may allow user(s) access to content, products or services offered by third parties
through hyper links (in the form of word link, banners, channels or otherwise) to
such Third Party's web site. You are cautioned to read such sites' terms and conditions
and/or privacy policies before using such sites in order to be aware of the terms
and conditions of your use of such sites. MI believes that user(s) acknowledge that
MI has no control over such third party's site, does not monitor such sites, and
MI shall not be responsible or liable to anyone for such third party site, or any
content, products or services made available on such a site.
VII. TERMINATION
Most content and some of the features on the web site are made available to visitors
free of charge. However, MI reserves the right to terminate access to certain areas
or features of the web site (to paying or registered users) at any time for any
reason, with or without notice. MI also reserves the universal right to deny access
to particular users to any/all of its services/content without any prior notice/explanation
in order to protect the interests of MI and/or other visitors to the web site. MI
reserves the right to limit, deny or create different access to the web site and
its features with respect to different user(s), or to change any of the features
or introduce new features without prior notice.
MI withholds the right to temporary or permanent termination of membership of any
user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection
with the member account to MI, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement
and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish the same product
information.
(d) Post any material to members that is not related to international trade or business
cooperation.
(e) Impersonate or unlawfully use another companies name to post information or
conduct business of any form
(f) Any unauthorized access, use, modification, or control of the web site data
base, network or related services.
(g) Obtain by any means web site member's user name and/or password.
If MI terminates user(s) membership, user(s) will not have the right to re-enroll
or join MI under a new account or name unless formally invited to do so by MI. In
any case of termination, no membership charges will be refunded. User(s) acknowledge
that inability to use the web site wholly or partially for whatever reason may have
adverse effect on its business. User(s) hereby agree that in no event shall the
web site be liable to the user(s) or any third parties for any inability to use
the web site (whether due to disruption, limited access, changes to or termination
of any features on the web site or otherwise), any delays, errors or omissions with
respect to any communication or transmission, or any damage (direct, indirect, consequential
or otherwise) arising from the use of or inability to use the web site or any of
its features.
VIII. REGISTERED USER(S)
To become a Registered User(s) there is a proper procedure which is for the convenience
of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form
on the web site by giving desired information (name, contact information, details
of its business, etc.). MI will establish an account ("Account") for the user(s)
upon registration and assign a password ("Password") for log-in access to your Account.
Web site may or may not assign user(s) upon registration a web-based email/message
account with limited storage space to send or receive email/messages. Users will
be responsible for the content of all the messages communicated through the Email
Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity
and (a) you have the authority to bind the entity to terms and condition of use
and/or this Agreement; (b) the address you use when registering is the principal
place of business of such business entity; and (c) all other information submitted
to MI during the registration process is true, accurate, current and complete. For
purposes of this provision, a branch or representative office will not be considered
a separate entity and its principal place of business will be deemed to be that
of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data
in our on-line database and authorize MI to share such information with other user(s).
MI may refuse registration and deny the membership and associated Password to any
user for whatever reason. Web site may suspend or terminate a Registered membership
at any time without any prior notification in interest of MI or general interest
of its visitors/other members without giving any reason thereof. Registered Users
are not a part or affiliate of MI in any way.
IX. DATA PROTECTION
Personal information supplied by user(s) during the use of web site is governed
by our privacy policy. Please click here to know about our privacy policy.
X. POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the website is provided or posted by third parties.
User(s) can post their content on some of the sections/services of the web site
using the self-help submit and edit tools provided at the respective section. User(s)
may need to register and/or pay for some of these services.
MI in such case is not the author. The content here is contributed by anonymous,
registered or paid user(s). Neither MI nor any of its affiliates, directors, officers
or employees has entered into sale agency relationship with such third party by
virtue of our display of the Third Party Content on the website. Any Third Party
content is the sole responsibility of the party who has provided the content. MI
is not responsible for the accuracy, propriety, lawfulness or truthfulness of any
Third Party content, and shall not be liable to any user(s) in connection with his/her
reliance on such Third Party content. In addition, MI is not responsible for the
conduct of user(s) activities on the web site, and shall not be liable to any person
in connection with any damage suffered by any person as a result of any such user's
conduct.
User(s) solely represent, warrant and agree to:
(a) provide MI with true, accurate, current and complete information to be displayed
on the web site and
(b) maintain and promptly amend all information to keep it true, accurate, current
and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable
(through multiple tiers) license to MI to display and use all information provided
by them in accordance with the purposes set forth in agreement and to exercise the
copyright, publicity, and database rights you have in such material or information,
in any form of media, third party copyrights, trademarks, trade secret rights, patents
and other personal or proprietary rights affecting or relating to material or information
displayed on the web site, including but not limited to rights of personality and
rights of privacy, or affecting or relating to products that are offered or displayed
on the web site (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrants and agree that user(s) shall be solely responsible
for ensuring that any material or information you post on the web site or provide
to web site or authorize the web site to display, does not, and that the products
represented thereby do not, violate any Third Party Rights, or is posted with the
permission of the owner(s) of such rights. User(s) hereby represent, warrant and
agree that they have the right to manufacture, offer, sell, import and distribute
the products offered and displayed on the web site, and that such manufacture, offer,
sale, importation and/or distribution of those products violates no Third Party
Rights.
User(s) hereby represent, warrant and agree that information submitted to MI for
display on the web site will not:
- Contain fraudulent information or make fraudulent offers of items or involve the
sale or attempted sale of counterfeit or stolen items or items whose sales and/or
marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other User(s) of the web site or for any other unlawful
purpose;
- Relate to sale of products or services that infringe or otherwise abet or encourage
the infringement or violation of any third party's copyright, patent, trademarks,
trade secret or other proprietary right or rights of publicity or privacy, or any
other Third Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising);
- Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Be obscene or contain or infer any pornography or sex-related merchandising or any
other content or otherwise promotes sexually explicit materials or is otherwise
harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including
but not limited to spamming), invades anyone's privacy or encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that
competes with MI;
- Contain any computer viruses or other destructive devices and codes that have the
effect of damaging, interfering with, intercepting or expropriating any software
or hardware system, data or personal information;
- Link directly or indirectly to or include descriptions of goods or services that
are prohibited under the prevailing law; or
- Otherwise create any liability for MI or its affiliates.
MI reserves the right in its sole discretion to remove any material/content/photos/offers
displayed on the web site which it reasonably believes is unlawful, could subject
MI to liability, violates the terms and conditions and/or Agreement or is otherwise
found inappropriate in MI's opinion. Web site reserves the right to cooperate fully
with governmental authorities, private investigators and/or injured third parties
in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, web site may suspend or terminate the Account
of any User as web site deems appropriate in its sole discretion. User(s) agree
that web site shall have no liability to any User(s), including no liability for
consequential or any other damages, in the event web site takes any of the actions
mentioned in this Section, and that you agree to bear the risk that web site may
take such actions.
Web site acts as a content integrator and is not responsible for the information
provided by user(s) to be displayed on the web site. MI do not have any role in
developing the content.
XI. INTERACTION BETWEEN USERS
MI provides an on-line platform for exchanging information between buyers and suppliers
of products and services. Web site does not represent the seller or the buyer in
specific transactions and does not charge any commission for enabling any transaction.
Web site does not control and is not liable to or responsible for the quality, safety,
lawfulness or availability of the products or services offered for sale on the web
site or the ability of the suppliers to complete a sale or the ability of buyers
to complete a purchase. User(s) are cautioned that there may be risks of dealing
with foreign nationals or people acting under false pretenses. Web site uses several
techniques to verify the accuracy and authenticity of the information our user(s)
provide us. However, since it is not possible in all cases and is not 100% fool-proof,
MI cannot and does not confirm each user(s) purported identity. MI encourages user(s)
to use various tools available on the web site and otherwise, as well as common
sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions
when using the web site to conduct transactions, and that user(s) fully assume the
risks of liability or harm of any kind in connection with subsequent activity of
any kind relating to products or services that are the subject of transactions using
the web site.
Such risks shall include, but are not limited to, mis-representation of products
and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications,
defective or dangerous products, unlawful products, delay or default in delivery
or payment, cost mis-calculations, breach of warranty, breach of contract and transportation
accidents. Such risks also include the risks that the manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the web site may violate or may be asserted to violate Third
Party Rights, and the risk that you may incur costs of defense or other costs in
connection with third parties' assertion of Third Party Rights, or in connection
with any claims by any party that they are entitled to defense or indemnification
in relation to assertions of rights, demands or claims by Third Party Rights claimants.
Such risks also include the risks that consumers, other purchasers, end-users of
products or others claiming to have suffered injuries or harms relating to product
originally obtained by user(s) of the web site as a result of purchase and sale
transactions in connection with using the web site may suffer harms and/or assert
claims arising from their use of such products. All of the foregoing risks are hereafter
referred to as "Transaction Risks".
User(s) agree that MI shall not be liable or responsible for any damages, liabilities,
costs, harms, inconveniences, business disruptions or expenditures of any kind that
may occur/arise as a result of or in connection with any Transaction Risks. User(s)
are solely responsible for all of the terms and conditions of the transactions conducted
on, through or as a result of use of the web site, including, without limitation,
terms regarding payment, returns, warranties, shipping, insurance, fees, taxes,
title, licenses, fines, permits, handling, transportation and storage. In the event
of a dispute with any party to a transaction, user(s) agrees to release and indemnify
MI (and our agents, affiliates, directors, officers and employees) from all claims,
demands, actions, proceedings, costs, expenses and damages (including without limitation
any actual, special, incidental or consequential damages) arising out of or in connection
with such transaction. User(s) may use the content/features on web site solely for
their personal or internal purposes. User(s) agree that they will not use MI database
and/or services to send junk mail, chain letters or spamming or the transmission
of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. Further, as a Registered
User, user(s) will not use the Email Account to publish, distribute, transmit or
circulate any unsolicited advertising or promotional information or any content
that is obscene, indecent, seditious, offensive, defamatory, threatening, or which
incites or results in causing racial hatred, discrimination, menace or breach of
confidence.
XII. LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the web site are provided on an "as is" and "as available"
basis, and web site hereby expressly disclaims any and all warranties, express or
implied, including but not limited to any warranties of condition, quality, durability,
performance, accuracy, reliability, merchantability or fitness for a particular
purpose. All such warranties, representations, conditions, undertakings and terms
are hereby excluded. MI makes no representations or warranties about the validity,
accuracy, correctness, reliability, quality, stability, completeness of any information
provided on or through the web site. MI does not represent or warranty that the
manufacture, importation, distribution, offer, display, purchase, sale and/or use
of products or services offered or displayed on the web site does not violate any
third party rights; and MI makes no representations or warranties of any kind concerning
any product or service offered or displayed on the web site. Any material downloaded
or otherwise obtained through the web site is done at your sole discretion and risk
and you are solely responsible for any damage to your computer system or loss of
data that may result from the download of any such material. No advice or information,
whether oral or written, obtained by you from web site or through or from the web
site shall create any warranty not expressly stated herein.
Under no circumstances shall web site be held liable for an delay or failure or
disruption of the content or services delivered through the web site resulting directly
or indirectly from acts of nature, forces or causes beyond its reasonable control,
including without limitation, Internet failures, computer, telecommunications or
any other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, Acts of God, natural calamities, war, governmental actions,
orders of domestic or foreign courts or tribunals or non-performance of third parties.
User(s) hereby agree to indemnify and save web site, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from your use of the web
site (including but not limited to the display of your information on the web site)
or from your breach of any of the terms and conditions of this Agreement. User(s)
hereby further agree to indemnify and save web site, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from your breach of any representations
and warranties made by you to web site.
User(s) hereby further agree to indemnify and save web site, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise, directly or indirectly,
as a result of any claims asserted by Third Party Rights claimants or other third
parties relating to products offered or displayed on the web site. User(s) hereby
further agree that web site is not responsible and shall have no liability to it,
for any material posted by others, including defamatory, offensive or illicit material
and that the risk of damages from such material rests entirely with you. Web site
reserves the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you shall
cooperate with web site in asserting any available defenses.
Web site shall not be liable for any special, direct, indirect, punitive, incidental
or consequential damages or any damages whatsoever (including but not limited to
damages for loss of profits or savings, business interruption, loss of information),
whether in contract, negligence, tort, strict liability or otherwise or any other
damages resulting from any of the following:
- The use or the inability to use the web site;
- Any defect in goods, samples, data, information or services purchased or obtained
from a User(s) or a third-party service provider through the web site;
- Violation of Third Party Rights or claims or demands that User(s) manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the web site may violate or may be asserted to violate Third
Party Rights; or claims by any party that they are entitled to defense or indemnification
in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User(s);
- Statements or conduct of any User(s) of the web site; or
- Any matters relating to Premium Services however arising, including negligence.
XIII. NOTICES
All notices or demands to or upon web site shall be effective if in writing and
shall be duly made when sent to MI in the following manner: to Mango Infotech, 19-B,
2nd Floor, Maharaja Bldg. No. 3, Raja Ram Mohan Road, Girgaum, Mumbai – 400004,
Maharashtra, INDIA.
All notices or demands to or upon a User(s) shall be effective if either delivered
personally, sent by courier, certified mail, by facsimile or email to the last-known
correspondence, fax or email address provided by the User(s) to web site, or by
posting such notice or demand on an area of the web site that is publicly accessible
without a charge.
Notice to a User(s) shall be deemed to be received by such User(s) if and when web
site is able to demonstrate that communication, whether in physical or electronic
form, has been sent to such User(s), or immediately upon web site's posting such
notice on an area of the web site that is publicly accessible without charge.
XIV. GOVERNING LAW AND DISPUTE RESOLUTIONS
Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be
governed in all respect by the laws of Indian Territory. MI considers itself and
intended to be subject to the jurisdiction only of the Courts of Mumbai, Maharashtra,
India. The parties to this Agreement hereby submit to the exclusive jurisdiction
of the courts of Mumbai, Maharashtra, India.
XV. MISCELLANEOUS
- Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
- Web site's failure to enforce any right or failure to act with respect to any breach
by a User(s) under these terms and conditions will not waive that right nor waives
MI's right to act with respect with subsequent or similar breaches.
- Web site shall have the right to assign its obligations and duties in this Agreement
and in any agreement relating to any/all of its Services to any person or entity.
- If any provision of the terms and conditions of use and/or Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced.
The above mentioned terms and conditions of use and/or Agreement and the Privacy
Policy constitute the entire agreement between the User(s) and MI with respect to
access to and use of the web site, superseding any prior written or oral agreements
in relation to the same subject matter herein.
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