Terms and Conditions

Terms and Conditions

NP HEALTH CLINIC INC.

WEBSITE TERMS AND CONDITIONS OF USE


1. ACCEPTANCE OF THE WEBSITE TERMS & CONDITIONS OF USE


These website terms and conditions of use for www.nphealthclinic.ca (the “Website”) constitute a legal agreement and are entered into by and between you and NP Health Clinic Inc. ("NP Health Clinic," "we," "us," "our"). 


The following terms and conditions, together with our Privacy Policy, found at https://www.nphealthclinic.ca/privacy-policy our General Consent form found at https://hushforms.com/nphealthclinic, our Patient Consent Form found at https://hushforms.com/www.nphealthclinic.ca, our Tele Medicine Consent Form found at https://hushforms.com/nphealclinic (collectively, the “Consent Documents”), and any documents and/or additional terms they expressly incorporated by reference (collectively,  these "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through the Website. 


BY CLICKING TO ACCEPT, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. YOU REPRESENT AND WARRANT YOU ARE OF LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US AND MEET ALL THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS OR AGREE TO THESE TERMS AND CONDITIONS YOU MUST NOT ACCESS OR USE THE WEBSITE OR ANY SERVICES OFFERED ON OR THROUGH THE WEBSITE.


2.MODIFICATIONS TO THE TERMS AND CONDITIONS 


We may change these Terms and Conditions at any time in our sole discretion without notice. Any changes are effective immediately upon posting and apply to all access to and continued use of the Website. By periodically reviewing the Terms and Conditions and continuing to use the Website, you agree to accept any modifications.


The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.



3. NP HEALTH CLINIC SERVICES


NP Health Clinic is dedicated to providing comprehensive healthcare services, leveraging both in-clinic and virtual platforms to meet our patients' needs. Our services encompass a wide range of medical and health support, including, but not limited to:


  • Virtual healthcare appointments via a secure platform for consultations with healthcare professionals;
  • Primary healthcare services, including general consultations, follow-ups, and medication prescription renewals;
  • Specialized medical services, such as genetic testing, prenatal care, sexual health consultations, and emergency services, utilizing both in-house expertise and third-party providers;
  • Health and wellness treatments, including Cold Laser Therapy and IV Lounge Therapy;
  • Access to educational resources, webinars, and video meetings on various health topics.


4. RISK DISCLOSURE 


It’s important for you to be aware that all medical procedures and tests, whether conducted in-clinic or via our virtual healthcare platforms, carry inherent risks, including the potential for adverse reactions in certain individuals. We prioritize informing you about these potential risks, particularly for services that require the involvement of third-party providers, such as genetic testing, emergency services, and IV therapy treatments.


Despite our commitment to the highest standards of care and precision, the nature of medical outcomes means variability is unavoidable. The clinic explicitly does not assume liability for the results or any adverse reactions stemming from treatments, especially those conducted by external providers. This includes services where we coordinate with specialists or naturopathic doctors for result interpretation. Please note, not all test results are guaranteed, and the efficacy of these tests will be communicated to you at the time of booking.


We strongly urge you to review the terms and risk information related to any third-party services and to bring any concerns directly to those providers. Your proactive understanding and acceptance of these risks are vital.


We encourage an open dialogue with our healthcare professionals to discuss any questions or concerns you might have before proceeding with any treatment or diagnostic test. Your safety and informed consent are paramount to us at NP Health Clinic, underscoring our service philosophy dedicated to patient care and safety.


5. COSTS FOR SERVICES


There are fees for seeing our healthcare practitioners. These fees are communicated upfront and are based on the length and type of service provided. You understand that charges apply to each appointment individually and are not a one-time fee for services. For detailed information  on our current fee structure, please visit https://www.nphealthclinic.ca/all-services.  Please note that we reserve the right to modify our fees at any time, at our sole discretion, and without prior notification to you. 

We understand that unforeseen circumstances may arise, leading to the need to reschedule or cancel an appointment. However, to maintain the efficiency of our services and respect the time of our healthcare practitioners, we have implemented a missed appointments policy. You are required to provide a minimum of forty-eight (48) hours' notice for cancellations or rescheduling requests. Failure to provide adequate notice or missing an appointment without prior notification may result in a missed appointment fee equivalent to the full cost of the scheduled service. 


6. ACCESSIBILITY AND ACCOMMODATIONS


We are committed to ensuring accessible healthcare services for everyone, including individuals with disabilities. We offer accommodations for patients with visual, hearing, or other impairments to facilitate their access to our services. If you need special accommodations, you are encouraged to contact us in advance. While we strive to meet all accommodation requests, there may be instances where certain requests cannot be fully accommodated. We are dedicated to finding the best possible solutions to ensure all patients can receive the care they need.


7. CLIENT DECISION-MAKING AND RESPONSIBILITY


By utilizing our Services, you acknowledge that decisions regarding treatment options and healthcare providers are your responsibility. While we provide professional guidance and support, the final decision on treatments and healthcare providers rests with you. We encourage open dialogue about any concerns or questions you may have regarding your healthcare choices. NP Health Clinic and its Representatives are not liable for the consequences of these decisions or for the outcomes of treatments based on third-party services or referrals, including lab testing and emergency treatments. It is important to understand that consultations, including virtual ones, have their limitations and should not be seen as a complete substitute for in-person healthcare services when necessary.



8. NO RELIANCE


The information provided on our Website is for general purposes and should not be solely relied upon as professional advice. We emphasize the importance of seeking personalized healthcare guidance directly from our qualified healthcare professionals for specific medical conditions or concerns. Despite our efforts to ensure the accuracy and currency of our content, we cannot guarantee its completeness or up-to-dateness. Decisions regarding your health should always involve consultation with a healthcare provider. Using our Website is at your own risk, and NP Health Clinic nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors (collectively the “Representatives”) do not have any responsibility or liability whatsoever for your use of this Website and Services.


9. LANGUAGE


Our services are primarily offered in English. Currently, we do not have translation services for other languages. To ensure effective communication and the best care possible, it is important that patients have a functional understanding of English to utilize our services fully.


10. YOUR RESPONSIBILITIES


By engaging with our services, you commit to:


  • Providing accurate and complete health information and promptly updating it as necessary.
  • Following all health, privacy regulations, and these Terms and Conditions.
  • Using our services responsibly, within their intended health-related purposes, and not for illegal activities.
  • Keeping your appointment details and contact information current, and informing us of any changes.
  • Reporting any unauthorized access to your patient account or breaches of privacy immediately.
  • Accepting accountability for your actions within the service framework, including adherence to our virtual appointment protocols and consent processes.


11. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP


Ownership of intellectual property:

  • The Website and its entire contents, features, and functionality are owned by NP Health Clinic, its licensors, or other providers of such material and are protected in all forms by intellectual property laws. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by NP Health Clinic;
  • Trademarks like "NP HEALTH CLINIC” and any other corresponding variations, are owned by NP Health Clinic, its affiliates, or its licensors, and cannot be used without permission;
  • Other third-party trademarks you see on the Website belong to their respective owners and cannot be used without permission either;



Use of our intellectual property: 

  • You may only use the Website for your personal and non-commercial use;
  • You must not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever;
  • You may print a reasonable number of copies for personal use or share content for educational, non-commercial purposes, ensuring to maintain any proprietary notices. Such use requires appropriate attribution to NP Health Clinic without modifying the materials or using them for further reproduction, publication, or distribution on any medium.
  • You are not permitted to modify copies of any materials from this Website nor delete or alter any proprietary rights notices from copies of materials from this Website;
  • You must not access or use any part of the Website or its services or materials for commercial purposes.

Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.


12. THIRD-PARTY WEBSITES


We may provide content on our Website that is created by third parties, and the views expressed in such content are solely those of the third party. Neither NP Health Clinic or its Representatives have any responsibility or liability whatsoever to you, or any third-party, for the content or accuracy of any third-party materials.


Additionally, this Website may provide links or pointers to third-party sites, including but not limited to lab testing partners and medical information resources. We make no representations about any other websites that may be accessed from this Website and cannot control or guarantee the accuracy or safety of these websites. You access them at your own risk and are subject to any terms and conditions of such third-party websites. We are not responsible for any loss or damage that may result from your use of such third-party websites.


We have no obligation, nor any responsibility to any party to monitor the Website or its use. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.


If you want to link to our Website, you may do so as long as you do not damage our reputation or suggest any association or endorsement by us where none exists. You may only link to our homepage, and we may withdraw permission at any time without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.


13. PRIVACY


We take the security of your personal information seriously. However, please note that the internet is not always secure. While we take precautions to protect your personal information and personal health information leveraging encrypted communication channels and ensuring compliance with the Personal Health Information Protection Act (“PHIPA”) and Personal Information Protection and Electronic Documents Act (“PIPEDA”) through platforms designed to secure health information, as outlined in our Privacy Policy found at https://www.nphealthclinic.ca/privacy-policy, the absolute security of information transmitted via our Website or email cannot be guaranteed. You transmit your personal information at your own risk, and we are not responsible for any unauthorized access or security breaches that may occur. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of and comply with our Terms and Conditions.


By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. These cookies may also facilitate the functionality of our analytical tools and services. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy at https://www.nphealthclinic.ca/privacy-policy


14. PROHIBITED ACTIVITIES


You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: 

  1. accessing content and data that is not intended for you; 
  2. attempting to breach or breaching the security and/or authentication measures which are not authorized;
  3. restricting, disrupting or disabling service to users, hosts, servers, or networks; 
  4. illicitly reproducing TCP/IP packet header; 
  5. disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; 
  6. using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; 
  7. introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
  8. attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; 
  9. utilizing the Website or services for the benefit of competitors, rival businesses, or any other parties seeking to gain information on our business practices, or to analyze, dissect, or replicate our processes or services; and,
  10. otherwise attempting to interfere with the proper working of the Website.


13. SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION


We have the right, without notice, to:

  • Take appropriate legal action if there is any illegal or unauthorized use of the Website. This may include involving law enforcement, regulatory authority, or informing the harmed party;
  • Cooperate with law enforcement agencies or comply with court orders requesting us to disclose the identity or other information of anyone who has posted any materials on or through the Website. 
  • Terminate or suspend your access to the Website, with or without reason, including if there is any violation of these Terms and Conditions. 


YOU WAIVE AND HOLD HARMLESS NP HEALTH CLINIC AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY NP HEALTH CLINIC AND REPRESENTATIVES RELATING TO ANY, INVESTIGATIONS BY EITHER NP HEALTH CLINIC OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.


14. DISCLAIMER OF WARRANTIES


YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, INCLUDING ANY THIRD-PARTY INTEGRATIONS, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


NEITHER NP HEALTH CLINIC NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY THIRD-PARTY INTEGRATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER NP HEALTH CLINIC NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, INCLUDING THOSE THAT MAY BE TRANSMITTED THROUGH THIRD-PARTY INTEGRATIONS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY, INCLUDING ANY THIRD-PARTY INTEGRATIONS OR SERVICES THAT YOU MAY ACCESS THROUGH THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


NP HEALTH CLINIC DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEBSITE. RELIANCE ON ANY INFORMATION PROVIDED BY THE WEBSITE, ITS STAFF, OTHERS APPEARING ON THE WEBSITE AT THE INVITATION OF THE WEBSITE, OR OTHER VISITORS TO THE WEBSITE IS SOLELY AT YOUR OWN RISK.


15. LIMITATION ON LIABILITIES


EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL NP HEALTH CLINIC NOR ITS REPRESENTATIVES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.


WITHOUT LIMITING THE FOREGOING, NP HEALTH CLINIC AND ITS REPRESENTATIVES DISCLAIMS ALL LIABILITY FOR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, INCLUDING LAB TESTING, SPECIALIST CONSULTATIONS, AND ANY OTHER REFERRED SERVICES. YOU ARE ADVISED THAT THESE THIRD-PARTY SERVICES ARE GOVERNED BY THEIR OWN TERMS AND CONDITIONS AND PRIVACY POLICIES. WHILE WE MAY PROVIDE REFERRALS AND REQUISITIONS, WE CANNOT GUARANTEE THE OUTCOMES OR ACCURACY OF THESE SERVICES AND ARE NOT LIABLE FOR ANY OF YOUR EXPERIENCES OR DATA BREACHES NOT DIRECTLY RESULTING FROM OUR GROSS NEGLIGENCE. THE SAME LIMITATIONS OF LIABILITY EXTEND TO OUR VIRTUAL APPOINTMENTS. WE EMPLOY TECHNOLOGIES THAT MEET OR EXCEED CURRENT REGULATORY STANDARDS FOR PATIENT DATA PROTECTION. IN THE UNLIKELY EVENT OF DATA BREACHES NOT ATTRIBUTABLE TO OUR GROSS NEGLIGENCE, OR IN CASES INVOLVING THIRD-PARTY SERVICE PROVIDERS' ACTIONS OR OMISSIONS, NP HEALTH CLINIC AND ITS REPRESENTATIVES ASSUMES NO LIABILITY.


WHEN YOU ENGAGE WITH OUR SERVICES AND THIRD-PARTY PROVIDERS, YOU DO SO UNDERSTANDING THE LIMITS OF SUCH SERVICES AND AGREE TO HOLD NP HEALTH CLINIC AND ITS REPRESENTATIVES HARMLESS AGAINST ANY CLAIMS ARISING FROM ITS USE.


16. INDEMNIFICATION


To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless NP Health Clinic, its Representatives, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, third-party websites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.


17. GEOGRAPHIC RESTRICTIONS


NP Health Clinic is based in the province of Ontario, Canada, and operates under the Ontario Health Insurance Plan (“OHIP”) for residents of Ontario. Our services are primarily intended for use by individuals located in Ontario. The Website and its services are not intended for use in any jurisdiction where their use is not permitted. If you access the Website from outside Canada, or from provinces outside Ontario, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. 


While we are able to provide services to people who reside outside of Ontario or Canada, these services may incur out-of-pocket expenses for non-OHIP insured individuals. Please note that certain services may be restricted to Ontario residents due to OHIP coverage and regulatory compliance. It is the responsibility of the user to ensure they meet the geographical eligibility for the services they seek.


18. GOVERNING LAW AND CHOICE OF FORUM


The Website and its Terms and Conditions is governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the province of Ontario or any other jurisdiction). The foregoing applies regardless of where you are located or where you live.

 

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada. By using this Website, you agree to submit to the exclusive jurisdiction of these courts for any legal proceeding. You waive any objections to the jurisdiction or venue of these courts.


19. WAIVER


If we do not enforce any right, remedy, power, or privilege provided by these Terms and Conditions, or we delay in doing so, it does not mean that we waive our right to enforce such provision in the future. Additionally, if we exercise any right, remedy, power, or privilege provided by these Terms and Conditions, it does not prevent us from exercising any other right, remedy, power, or privilege available to us.


20. SEVERABILITY


If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, it will not affect the validity, legality, or enforceability of any other part of these Terms and Conditions. The severable term or provision will still be valid and enforceable in any other place where it is lawful.



21. ENTIRE AGREEMENT


The Terms and Conditions, our Privacy Policy, our Consent Documents, and any documents and/or additional terms they expressly incorporated by reference, constitute the sole and entire agreement between you and NP Health Clinic, regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.


22. REPORTING AND CONTACT


This website is operated by NP Health Clinic located at 65 Baldwin St, Whitby, ON, L1M 1A3.


All notices of copyright infringement claims should be sent to the copyright agent at support@nphealthclinic.ca.

 

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to us at support@nphealthclinic.ca.

 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@nphealthclinic.ca.


Last Updated: March 26, 2024

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