SURP Platform Terms of Service

Version: 23.0

Last Updated: 7 February 2026

Jurisdiction: Australia and New Zealand.

1. Nature of the Service & Legal Status

1.0 Age Requirement: You must be at least 18 years of age to create an account, list items, make bookings, or otherwise use SURP. By using SURP, you represent and warrant that you are 18 years of age or older. SURP reserves the right to request proof of age and to suspend or terminate accounts that do not meet this requirement.

1.1 Technology Facilitator: SURP is a technology facilitator providing: (a) a Rental Marketplace; and (b) SURP Classifieds. SURP is not a rental agent, agent, auctioneer, insurer, or insurance broker. Items in "Classifieds" are sold "as-is" without SURP-facilitated warranties.

1.2 No Agency: SURP is not a party to any contract between Users. No "Trust Account" relationship exists.

1.3 PPSA & Title: Per the Personal Property Securities Act 2009 (Cth), Hosts are solely responsible for registering security interests on the PPSR for rentals exceeding two (2) years. Hosts acknowledge that "Indefinite Term" rentals may constitute a PPS Lease under the Act if possession exceeds 2 years; failure to register may result in loss of title.

1.6 User Generated Content (UGC) License: You grant SURP a perpetual, irrevocable, non-exclusive, royalty-free license to use, display, and retain any content you post (e.g., Reviews, Listing Photos, Descriptions), even after you terminate your account.

2. Financial Logic, Tax & Pricing

2.1 Success Fee & Booking Fee: SURP charges a 20% Success Fee on rental bookings. This fee is earned and non-refundable once a booking is confirmed and payment is processed, as it covers: (a) payment processing costs; (b) platform infrastructure and hosting for the reservation period; (c) fraud prevention and verification services; and (d) administrative costs of managing the booking lifecycle. This is a genuine pre-estimate of SURP's costs and loss of opportunity, not a penalty.

2.2 Two-Track Payment Capture:

2.2.1 Security Bond (Pre-Authorisation Hold): SURP may place a temporary pre-authorisation hold (a "Security Bond") on the Renter's payment method via Stripe and the card networks. A Security Bond is not a cash deposit and is typically shown as "pending". When a booking completes without amounts owing, SURP will instruct Stripe to release the hold; however, release timing is controlled by the Renter's bank/card issuer and may take several business days to disappear from the Renter's statement. If amounts become payable under these Terms (e.g., approved damage, cleaning/refuel fees, or late fees), the Security Bond may be partially or fully captured, or SURP may charge the payment method if the hold cannot be captured. If a Security Bond authorisation fails, SURP may require the Renter to provide a different payment method or may cancel/refuse the booking.

2.2.2 Payment Disputes & Chargebacks: If a User initiates a payment dispute or chargeback, SURP may provide booking information (including messages, photos, timestamps, and dispute outcomes) to Stripe, banks, and payment networks to respond. Chargebacks may result in account restriction or suspension. To the extent permitted by law, Users remain responsible for amounts legitimately owed under these Terms (including platform fees and late fees), and for any third-party chargeback fees charged to SURP by payment processors due to the User's actions.

2.2.3 Payment Failures & Auto-Cancellation: SURP may automatically cancel or refuse a booking if required payments or authorisations cannot be completed. This includes (a) failures to capture rental charges (including scheduled charges) where the Renter does not update their payment method within a reasonable timeframe (typically up to 6 hours after notice); and (b) failures to place a Security Bond hold close to the booking start time, where the Renter does not update their payment method within a shorter timeframe (typically up to 1 hour after notice). Where a booking is cancelled for payment failure, SURP may release reserved dates and may not be able to guarantee availability or pricing if you attempt to re-book.

2.2.4 Renter Cancellation Policy (Tiered Refunds): If a Renter cancels a confirmed booking, refunds are calculated as follows. These graduated thresholds represent genuine pre-estimates of the Host's lost rental income and SURP's administrative costs based on the reduced ability to relist items on short notice:

2.2.5 Mitigation & Re-Booking: If cancelled dates are successfully re-booked by the Host at an equal or higher rate within the originally reserved period, SURP may, at its reasonable discretion, offer a partial refund to the original Renter to reflect that the Host's loss was mitigated. This does not create an automatic entitlement and is assessed case-by-case. Users may request such review by contacting SURP Support with evidence of the re-booking.

2.2.6 Host Cancellation Policy: If a Host cancels a confirmed booking, the Renter receives a full refund of all amounts paid (Rental Fee, Success Fee, and Shield Fee). Repeated Host cancellations may result in account restrictions, penalties, or suspension. SURP is not liable for consequential losses arising from Host cancellations (e.g., alternative arrangements, travel costs). To the extent permitted by law, SURP's liability is limited to the amount paid for the affected booking.

2.2.7 Processing Refunds: Refunds are processed to the original payment method within 5-10 business days, subject to the policies of your bank or card issuer. SURP uses reasonable efforts to process eligible refunds promptly but does not control the timing of when refunded amounts appear in your account.

2.2.8 Extraordinary Circumstances: SURP may, at its discretion, offer refunds or credits outside this policy for documented emergencies (e.g., medical events, natural disasters, government-mandated restrictions). Such refunds are assessed case-by-case and are not guaranteed.

2.3 Anti-Drip Pricing: To comply with ACCC/NZ Commerce Commission standards, the Total Price displayed at checkout includes the Rental Fee, the 20% Success Fee, and the mandatory SURP Shield Fee. No hidden surcharges will be added post-selection.

2.4 SERR Tax Reporting: Per the Sharing Economy Reporting Regime (SERR), SURP reports all earnings to the ATO (AU) and IRD (NZ) twice annually. Users explicitly consent to the disclosure of their income and identity data to relevant tax authorities.

2.5 Host Tax & ABN Obligations: You acknowledge that SURP is a facilitator only and does not act as your employer or tax agent.

2.6 Classifieds (Buy/Sell): SURP does not process payments for Classifieds. Sellers warrant they have clear and unencumbered title to the goods (not stolen or under finance) and indemnify SURP against any claims of handling stolen goods.

2.6.1 Vehicle Transfer Taxes: For the sale of registered vehicles (cars, trailers, caravans), the Buyer is solely responsible for all government transfer fees, Stamp Duty, and Luxury Car Tax (LCT) where applicable. SURP does not facilitate the transfer of registration.

2.6.2 Vehicle Listings (Classifieds): Where you list a motor vehicle in Classifieds, you must provide accurate and non-misleading information including, where applicable:

Buyers are responsible for performing their own due diligence before purchase (including PPSR/PPSA and stolen-vehicle checks, inspection, mechanical checks, and confirming registration/roadworthy/WOF requirements). SURP does not verify vehicle details, does not guarantee the accuracy of listings, and does not provide escrow, transfer services, or dealer-like warranties for Classifieds vehicle sales.

2.7 Late Returns: Rentals are calculated in 24-hour blocks. Returns more than 2 hours late without Host consent will incur a Late Fee equivalent to 200% of the daily rental rate for every 24-hour period (or part thereof) until returned. This compensates the Host for lost opportunity.

2.8 Host Payouts, Stripe Connect & Reversals: Hosts receive rental proceeds via Stripe Connect. Hosts must complete Stripe onboarding to receive payouts/withdrawals. Payout timing, availability of funds, and any holds/reserves are subject to Stripe's rules, verification requirements, and processing timelines (which may vary by bank and jurisdiction). Refunds, chargebacks, disputes, late fees, or other adjustments may result in reversals or deductions from a Host's Stripe balance (including negative balances). Hosts authorise SURP and Stripe to process such reversals/offsets and agree to promptly reimburse any negative balances or amounts owed to SURP that cannot be recovered through Stripe.

2.9 Search Analytics & Platform Logs: SURP may log certain usage events (for example: search terms, filters, result interactions/clicks, and bookings created) to improve the Platform and detect fraud/abuse. These logs may be associated with your account/device and may include approximate location context (e.g., suburb/city) where you have provided it. SURP does not warrant that analytics data is complete or error-free.

2.10 Electronic Transactions: By using SURP, you consent to transact electronically and agree that electronic records, communications, and signatures have the same legal effect as paper-based equivalents, in accordance with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2002 (NZ). You agree that bookings, agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

3. The "SURP Shield" & Anti-Fraud Protocol

3.1 Contractual Damage Waiver (Not Insurance): The SURP Shield is not an insurance policy, is not underwritten by an insurer, and SURP does not act as an insurer or insurance broker. The SURP Shield is a mandatory platform service fee. In exchange for this fee, and subject to these Terms, SURP agrees to contractually limit a Renter's liability for certain accidental damage (a contractual damage waiver).

3.2 Tiered Pricing (Per Booking): Essentials ($5 / booking for items up to $150), Standard ($15 / booking for items up to $750), Premium ($35 / booking for items above $750).

3.3 Liability Cap (Bond Cap): Where the SURP Shield applies, the Renter's liability to the Host for eligible accidental damage to the rented item is capped to the amount of the Security Bond disclosed at checkout for that booking (the "Bond Cap"). The Security Bond is the maximum amount that the Renter may be required to pay for eligible accidental damage under this waiver. The Renter's liability cap (the Bond Cap) is determined at the time of booking and is displayed at checkout. SURP reserves the right to limit the maximum available Bond Cap for certain categories or regions based on current platform liquidity. This does not create any insurance "coverage" for third-party losses.

3.4 Exclusions (When the Shield Does Not Apply): The SURP Shield does not apply, and the Renter may be liable up to the full replacement value, where damage or loss arises from (a) intentional damage; (b) reckless conduct, gross negligence, or misuse; (c) using the item contrary to the Host's instructions, safety warnings, or any applicable law; (d) prohibited conduct (including sub-hire/handing the item to a third party); (e) ordinary wear and tear, cosmetic damage that does not affect function, consumables, or maintenance; or (f) any amounts otherwise payable under these Terms that are not accidental damage (including rental charges, late fees, cleaning/refuel fees, fines, or government charges).

3.5 Claims Process, Evidence & Platform Discretion: The SURP Shield is a contractual limitation on liability, not a guarantee of outcomes. In assessing whether the SURP Shield applies and what amount (if any) is payable by the Renter up to the Bond Cap, SURP may act in its reasonable discretion based on available evidence. Users agree to promptly provide information reasonably requested by SURP (e.g., photos/video, timestamps, communications, item condition at handover and return). If adequate evidence is not provided, SURP may reject or limit a claim.

3.6 Theft & Local Authorities: Any theft/non-return claim requires a Police Reference Number (PRN) from local law enforcement as soon as reasonably possible and, where feasible, within 12 hours of the scheduled return. Failure to promptly report may void the SURP Shield.

3.7 Anti-Collusion: The SURP Shield is void if SURP identifies evidence of collusion or fraud between Users.

4. AI & Automated Decision-Making (ADM)

4.1 AI Support & Triage: SURP may use automated tools, including AI, to assist with support and dispute triage (for example: summarising issues, extracting timelines, proposing potential outcomes, or flagging policy breaches). These tools may be provided by third parties. AI outputs are not legal advice and may be inaccurate.

4.2 Human-in-the-Loop: Any AI-suggested outcome is a "Proposed Decision." Users have a 48-hour right to request Human Administrator Review.

4.3 Accuracy: Hosts warrant they have reviewed AI-generated listings for "hallucinations."

5. Product Safety & WHS

5.1 WHS/Plant Duties: Hosts renting "Plant" (machinery/tools) warrant the item is safe and must provide operating instructions/PPE requirements.

5.2 Mandatory Recalls: SURP delists items flagged by ACCC or NZ Product Safety immediately.

5.4 Prohibition on Sub-Hire: The Renter agrees that they are the sole authorized user. The Renter must not sub-hire, lend, or transfer possession of the Asset to any third party. Doing so voids the SURP Shield and may result in the Renter being personally liable for the full replacement cost under PPSA "extinguishment" rules.

6. Liability & Consumer Guarantees

6.1 Non-Excludable Rights: Nothing excludes guarantees under the Australian Consumer Law or the NZ Consumer Guarantees Act 1993.

6.2 Limitation (Section 64A): Where permitted, SURP limits liability for breach of a guarantee to the resupply of services or payment of the cost of resupply.

6.3 Personal Injury: To the maximum extent permitted by law, the User assumes all risk and releases SURP from liability for injury or death.

6.4 Accessibility: SURP is committed to making our platform accessible to users with disabilities in accordance with the Disability Discrimination Act 1992 (Cth) and the Human Rights Act 1993 (NZ). If you encounter accessibility barriers or require reasonable accommodations, please contact support@surp.com.au and we will work with you to provide assistance.

7. Dispute Logic & Account Management

7.1 The 6-Hour Rule: Hosts have 6 hours post-return to lodge a dispute. Failure results in SURP instructing Stripe to release the Security Bond hold (release timing depends on the bank/card issuer).

7.2 Reasonable Cause: SURP may accept a late dispute for documented medical/emergency events, provided the Bond hasn't been processed.

7.3 Consumables & Cleaning: Renters must return equipment in the same state of cleanliness as received (e.g., tents dry/swept, tools wiped down). Hosts are responsible for providing equipment with sufficient consumables (fuel/battery charge) for testing. SURP reserves the right to deduct a $30 Cleaning/Refuel Fee from the Bond if items are returned unhygienic or empty.

7.4 Pickup, Return, QR Codes & Handover Times: The Platform may use handover scheduling, confirmations, and/or QR codes to record key events such as (a) pickup; (b) rental start; and (c) return completion. Users must not falsify or attempt to bypass these mechanisms. Where the Platform requires both parties to confirm return before releasing the Security Bond, failure by either party to confirm may delay bond release and may require support review. Recorded timestamps and in-app communications may be used as evidence in disputes.

7.5 Identity Verification (Stripe Identity): SURP may require identity verification to book, list, withdraw funds, or access certain features. Where offered, verification may be completed through Stripe Identity (which may collect government ID images and a selfie/liveness check). You authorise SURP and Stripe (and their service providers) to process your verification information for the purpose of identity verification, fraud prevention, and compliance. SURP generally receives verification status/metadata rather than your full ID documents. If verification fails, is incomplete, or is later revoked/invalidated, SURP may refuse bookings, restrict listings/withdrawals, or suspend the account.

7.6 Platform Records, Messages & Evidence: To operate the Platform, SURP may retain records associated with bookings, disputes, and support (including messages, images/videos, system logs, notifications, and timestamps). Users agree that such records may be used to (a) administer bookings; (b) investigate fraud or prohibited conduct; (c) assess disputes and SURP Shield eligibility; and (d) respond to chargebacks/payment disputes and lawful requests.

8. Privacy

8.1 User Misuse of Personal Information: Users must not misuse, publish, or disclose another User's personal information except as necessary to complete a booking and return of an item. Users indemnify SURP against costs arising from a User's unlawful or wrongful handling of personal information.

8.2 Data Breaches: We comply with applicable Australian and New Zealand privacy laws regarding security and data breach notification.

8.3 Location & Address Disclosure: Listing locations displayed on the Platform may be approximate (e.g., suburb-level) for privacy. Exact pickup/return details (including addresses or precise locations) may only be shared after a booking is confirmed/paid, and must be used only for completing that booking. Users must not share another user's location details publicly or use them for harassment, marketing, or unrelated purposes.

8.4 Push Notifications: The Platform may send push notifications and in-app notifications for operational messages (e.g., booking updates, reminders, disputes, admin notices). Delivery is best-effort and depends on third-party services and device settings. You are responsible for checking the Platform for time-sensitive notices even if notifications are not received.

8.5 Consumer Data Right (CDR): As the Consumer Data Right framework evolves in Australia, SURP may provide data portability options where required by law. If CDR obligations apply to SURP in the future, we will notify users of their rights and the processes available to exercise those rights. Currently, CDR obligations do not apply to SURP's operations.

9. Governing Law & Dispute Forum

9.1 Governing Law: These terms are governed by the laws of Queensland, Australia, except to the extent that mandatory consumer protections apply under the laws of Australia or New Zealand (including the Australian Consumer Law and the NZ Consumer Guarantees Act 1993).

9.2 Dispute Forum: Where permitted by law, disputes must be brought in the courts and tribunals of Queensland, Australia (including QCAT). If you are a New Zealand consumer, you may also bring claims in the New Zealand Disputes Tribunal or other courts/tribunals with mandatory jurisdiction.

10. Prohibited Conduct

10.1 Circumvention / Off-Platform Transactions: You must not circumvent the Platform by arranging payments, deposits, rental extensions, refunds, or other booking changes outside SURP for any transaction that originated on SURP. Doing so may void the SURP Shield and may result in restriction or suspension.

10.2 Sharing Contact Details to Bypass SURP: You must not attempt to share contact details or arrange meet-ups outside the Platform in order to bypass SURP's payment flow or support processes. Pickup/return details may be provided in-app after a booking is confirmed/paid. SURP may monitor messages for circumvention indicators and may take enforcement action where necessary.

10.3 Referral Integrity: Referral credits and "Founder Bonuses" are discretionary incentives. SURP reserves the right to revoke credits, void coupons, or suspend accounts if we detect "gaming" of the system (e.g., self-referrals, duplicate accounts, or bot activity). All promotional credits have zero cash redemption value.

11. Promotional Credits & Referrals

11.1 Nature of Credits (Not Legal Tender): SURP Credits ("Credits") are promotional value only. They are not a financial instrument, have no cash value, and cannot be exchanged for cash, withdrawn to a bank account, or transferred to other users. Credits are issued solely at SURP's discretion for marketing purposes.

11.2 Strict Redemption Limits (The "Fee-Only" Rule): Credits may ONLY be applied to offset the following specific fees:

Credits CANNOT be applied to:

11.3 Automatic Application & "Use it or Lose it": The system will automatically apply available Credits to the maximum allowable extent per transaction. If a transaction is cancelled by the User, Credits applied to that transaction are forfeited (non-refundable). If cancelled by the Host, Credits are returned to the User's balance.

11.4 Expiration Policy: Unless otherwise specified in a specific campaign, all Credits expire six (6) months from the date of issue. Expired Credits are removed permanently and cannot be reinstated.

11.5 Anti-Fraud & "Gaming" (Referral Integrity): The Referral Program is designed for genuine invites to new users. SURP reserves the right to void Credits, suspend accounts, and ban users if we detect:

11.6 Right to Modify: SURP reserves the right to modify the value of the referral bounty, the redemption limits, or terminate the credit program entirely at any time without prior notice. Existing Credits will remain valid until their expiration date, subject to the Terms at the time of use.

12. Competitions & Promotional Events

12.1 Competition Eligibility: SURP may run promotional competitions from time to time. Entry requirements, prize details, and terms specific to each competition will be provided at the time of entry. By entering a competition, you agree to the specific terms for that competition in addition to these general Terms.

12.2 Auto-Entry: Some competitions may automatically enter eligible users who meet specific criteria (e.g., completing a rental, verifying identity, or maintaining an active listing). SURP will clearly disclose which competitions use auto-entry. You may opt out of auto-entry competitions by contacting support.

12.3 Winner Selection: Winners may be selected randomly, by judging panel, or based on platform activity metrics. Winner selection methods will be disclosed for each competition. Decisions are final and binding.

12.4 Prize Fulfillment: Prizes may include SURP Credits, physical items, or other rewards. Credit prizes are subject to all Credit terms in Section 11. Physical prizes will be delivered to the address provided by winners. SURP is not responsible for non-delivery due to incorrect addresses provided by winners.

12.5 No Purchase Necessary: Where legally required, competitions will offer no-purchase alternative entry methods. See individual competition terms for details.

12.6 Publicity: By winning a competition, you consent to SURP using your name and likeness for promotional purposes, unless prohibited by law.

13. Handover Media & Evidence Collection

13.1 Mandatory Photos/Videos: For safety and dispute prevention, SURP may require both parties to capture and upload photos or videos at key handover moments (pickup and return). These requirements may include:

13.2 Evidence Preservation: Handover media is permanently stored in SURP's systems and may be used for:

13.3 Metadata & Integrity: SURP may record and preserve technical metadata associated with handover media (including file hashes, upload timestamps, device information, and EXIF data where available) to verify authenticity and prevent tampering. Users must not manipulate or falsify handover media.

13.4 User Content License: By uploading handover media, you grant SURP a perpetual, irrevocable, worldwide license to store, process, and use the media for the purposes described above, even after account deletion.

14. Biometric Authentication (Optional Feature)

14.1 Local Processing Only: If you enable biometric authentication (Face ID, Touch ID, fingerprint, or other device biometrics), all biometric data is processed locally on your device using the device manufacturer's secure enclave. SURP does not transmit, store, or have access to your biometric data.

14.2 What SURP Stores: We store only: (a) a flag indicating that biometric authentication is enabled for your account; and (b) encrypted credentials required to facilitate quick login. These encrypted credentials are stored using platform-standard secure storage mechanisms.

14.3 Opt-Out: Biometric authentication is entirely optional. You may enable or disable it at any time in your account settings. Disabling biometric authentication will require you to sign in using your email and password.

14.4 Security Disclaimer: While biometric authentication provides convenience, you remain responsible for the security of your device. SURP is not liable for unauthorized access resulting from compromised device biometrics.

15. Analytics, Tracking & Service Improvement

15.1 Search Analytics: SURP collects anonymous and pseudonymous search analytics to improve listing discovery, including:

This data helps SURP identify gaps in inventory, improve search relevance, and detect suspicious patterns (e.g., automated bot activity).

15.2 Firebase Analytics: SURP uses Firebase Analytics to track app usage, screen views, user engagement, and feature adoption. Analytics data is pseudonymous and may be aggregated with data from other users. You cannot opt out of analytics while using the app, but analytics data is not used to make decisions about your individual account.

15.3 Performance Monitoring: SURP may collect crash reports, app performance metrics, and error logs via Firebase to improve stability and fix bugs. These reports may include device information, app version, and technical diagnostic data.

16. Third-Party Services & Data Processing

16.1 Core Service Providers: SURP relies on the following third-party services to operate. By using SURP, you acknowledge that your data will be processed by these providers in accordance with their own terms and policies:

16.2 International Data Transfers: Some service providers store or process data outside Australia and New Zealand (e.g., in the United States or Europe). SURP takes reasonable steps to ensure overseas recipients comply with privacy protections equivalent to Australian Privacy Principles (APP 8). By using SURP, you consent to international data transfers necessary to provide the service.

16.3 AI Content Moderation: SURP uses AI tools (including Google Gemini) to automatically flag potentially inappropriate content, scams, or policy violations in listings and messages. AI moderation is not perfect and may produce false positives or miss violations. Human admin review is available for disputed moderation decisions.

17. Badges, Gamification & User Achievements

17.1 Verification Badges: SURP may award digital badges to users based on verification status, platform milestones, or achievements. Badges include:

17.2 Badge Assignment: Badges are assigned automatically based on server-side verification and cannot be manually requested or purchased. SURP reserves the right to revoke badges if awarded in error or if the user violates these Terms.

17.3 No Monetary Value: Badges are cosmetic achievements only and have no cash value, cannot be traded or transferred, and do not create any contractual rights or preferential treatment.

18. Account Termination & Suspension

18.1 Termination by User: You may request account deletion at any time by contacting support. Upon deletion, we will remove or anonymize your personal information subject to retention obligations described in Section 19.

18.2 Termination by SURP: SURP may suspend or terminate accounts for:

18.3 Effect of Termination: Upon termination, you may not access the Platform or create new accounts. Outstanding amounts owed to SURP or other users remain payable. SURP may retain records as described in Section 19.

19. Data Retention & Legal Compliance

19.1 SERR Reporting Obligations: Under the Sharing Economy Reporting Regime (SERR), SURP must retain seller identity data and transaction records for a minimum of five (5) years after the relevant financial year to comply with Australian Tax Office (ATO) requirements. This includes but is not limited to:

19.2 Dispute Evidence: Handover media (photos/videos) captured during rental pickup and return are retained permanently to support dispute resolution, fraud investigations, and legal compliance. This includes technical metadata (file hashes, timestamps, GPS coordinates where available).

19.3 Accounting & Audit Requirements: Transaction records, Stripe payment IDs, booking data, and platform fee calculations may be retained indefinitely for financial auditing, tax compliance, and reconciliation with Xero accounting systems.

19.4 Account Deletion Limitations: If you request account deletion, we will delete or anonymize personal information where legally permissible. However, we may retain information where required for:

Retained information will be isolated from active systems and marked as belonging to a deleted account.

20. Changes to These Terms

20.1 Notification: SURP may update these Terms from time to time. Material changes will be communicated via email, in-app notification, or prominent notice on the Platform. Continued use of SURP after changes take effect constitutes acceptance of the updated Terms.

20.2 Archival: Previous versions of these Terms are available upon request to support@surp.com.au.

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