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Terms & Conditions by BANKZ

Terms of Service

By clicking the “I Agree” button/box or accessing our website https://www.bankz.eu (the “Website”) or

any use of our services or the Website (the “Services”), you hereby agree to be bound by these terms of

service between the person or entity (the “Customer”) and Bankz Ltd. (“Bankz”). Please read carefully

these terms of service, Bankz’s privacy policy for the processing of personal information, all are

incorporated herein by reference (together, the “Terms of Service” or, these “Terms”). If you do not agree

to these Terms, you may not access or use the Services. The Terms expressly supersede prior agreements

or arrangements with you regarding the use of the Services.

Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any

future agreements you may have with Bankz or its subsidiaries regarding the Services. To the extent (but

only to the extent) any agreement you may have with Bankz conflicts with these Terms, those agreements

(and not these Terms) will prevail with respect to any disputes arising therefrom.

1. Registration; User Account

1.1. In order to use the Services, the Customer has to register and create an account and is not

permitted to allow others to access to the Services via its account interface, or to access and use

the account for any other purpose. In addition, as part of the registration, the Customer must

provide truthful, accurate, and current information required for Bankz or any third-party service

providers for the provision of the Services, in accordance with any regulations applicable to

such third-party service provider. The Customer must maintain and update the registration data

so that it remains at all times accurate, current and complete.

The type and scope of the Services will be as set forth in the registration form and shall include

at least the following information: (a) the type of service; (b) Customer name; (d) the Fees (if

applicable) and the payment terms; (e) the Term (as defined below

The Customer acknowledges the Service is not intended for use by minors and by completing

the registration and opening an account, Customer hereby confirms that is not under the age of

eighteen (18) years and is competent to enter into these Terms. If Customer is under the age of

eighteen years, Customer shall require acceptance of the Terms of Service by a parent or legal

guardian. Bankz reserves the right to terminate without prior notice any account in violation of

this provision.

Customer acknowledges and agrees (a) not to exceed the one user designated on the account,

unless Customer first notifies Bankz in writing (b) that the login details for the Customer may

only be used by the Customer, and that multiple people may not share the same login details;

(c) to keep, and ensure that the Customer keep, all account login details and passwords secure

at all times; (d) that Customer remains solely responsible and liable for the activity that occurs

in connection with Customer’s account, and the activities of the Customer on or relating to the

Service, whether or not Customer knows of such activity; and (e) to promptly notify Bankz in

writing if Customer becomes aware of any unauthorized access or use of Customer’s Account

or the Service.

Customer will be solely liable for any violation of the Terms of Service by its account. The

Customer is fully and solely responsible for any and all activities that occur through the account

and will ensure that it shall comply with the terms and conditions of these Terms of Service. In

the event that Bankz reasonably determines that the Customer has violated these Terms of

1.2. 1.3. 1.4. 1.5. 1.6. Service, Bankz may suspend or terminate Customer’s access to the account of from receiving

the Service, and shall provide notice to Customer as promptly as possible.

Bankz has adopted good faith standards based on applicable laws and regulations that Customers

must follow. For example, using the Marketplace Platform to commit any crime, including, but

not limited to money laundering or to violate any other law – are strictly prohibited. In this

regard, Customer hereby agrees to abide by such standards and failure to comply with such

standards or any violation of these Terms may result in the permanent loss of access to

the Services.

If Bankz believes you are abusing our Services in any way, we may, in our sole discretion and

without limiting other remedies, limit, suspend, or terminate your user account(s) and access to

our Services, and take technical and/or legal steps to prevent you from using our Services.

2. Subscription to the Service

2.1. 2.2. Subscription to the Service. Subject to Customer’s compliance with these Terms of Service,

Bankz hereby grants Customer a worldwide, non-exclusive, non-transferable, non-

sublicensable, and fully revocable right to access and use the Service during the Term (as

defined below) for Customer’s use personal use only. Customer’s subscription to the Service is

limited to the user designated on the account.

Restrictions on Use. Customer must not, and shall not allow any other third party to: (i)

circumvent, disable or otherwise interfere with security-related features of the Service or

features that prevent or restrict use or copying of any content or that enforce limitations on use

of the Service; (ii) allow any third party not authorized by Bankz to use the Service; (iii) use the

Service to process data on behalf of any third party; (iv) give, sell, rent, lease, timeshare,

outsource, sublicense, disclose, publish, assign, market, resell, transfer or distribute any portion

of the Service to any third party, including, but not limited to Customer’s affiliates, or use the

Service in any service bureau arrangement; (v) reverse engineer, decompile or disassemble the

Service or any components thereof, except to the extent such acts are required to be permitted

by applicable law; (vi) disclose or publish the results of any benchmark tests run on the Service;

(vii) use any robot, spider, scraper, or other automated means to access the Service for any

purpose; (viii) take any action that imposes or may impose (at Bankz’s sole discretion) an

unreasonable or disproportionately large load on the Bankz infrastructure; (ix) interfere or

attempt to interfere with the integrity or proper working of the Service, or any related activities;

(x) modify, translate, patch, alter, change or create any derivative works of the Service, or any

part thereof; (xi) disclose Customer’s account, user names or passwords to any third party; (xii)

remove, deface, obscure, or alter Bankz or any third party’s copyright notices, trademarks, or

other proprietary rights affixed to or provided as part of the Service, or use or display logos with

the Service differing from Bankz’s own without Bankz’s prior written approval; (xiii) use the

Service in any unlawful manner or in breach of these Terms of Service; and/or (xiv) develop

any other product or service containing any of the concepts and ideas contained in the Service

or use the Service for the purpose of building a similar or competitive product.

Maintenance and Support. Bankz will provide to Customer support and maintenances services

with respect to the Service, in accordance with the standard service level policy of the company.

3. Representations; Banking Network Platform

3.1. Each party represents and warrants that: (a) it has full power to enter into these Terms of Service

and to grant to the other party the rights granted to such other party under these Terms of Service;

(b) it has obtained all necessary corporate approvals to enter into and execute these Terms of

2.3. 23.2. 3.3. 3.4. 3.5. 3.6. Service; and (c) its entering into these Terms of Service and performance of obligations under

these Terms of Service will not in any way conflict or violate any duty that it may have to any

other person or entity, or under any agreement, commitment on its part, order, judgment, decree,

rule, regulation or law to which such party is bound.

Each party shall comply with all applicable laws relating in any way to its performance of its

obligations under these Terms of Service. Customer agrees to fully comply with all applicable

export laws and regulations in any jurisdiction to ensure that neither the Service nor any

technical data related thereto are exported or re-exported directly or indirectly in violation of, or

used for any purposes prohibited by, such laws and regulations.

Bankz operates a digital banking network platform (the “Banking Network Platform”) that

may be accessed in a number of forms, including mobile and/or web-based applications. Among

other things, the Bankz banking network Platform enables you to discover: (i) services rendered

by third party vendors; and (ii) any supporting services, including payment processing and

customer support. Unless otherwise agreed by Bankz in a separate written agreement with you,

the Services are made available solely for your personal, noncommercial use.

The Services may be made available or accessed in connection with third-party services and

content (including advertising) that Bankz does not control.

Once you click on a link to a third party vendor or content, you will be subject to the terms and

conditions and privacy policy of that website, destination, or third party vendor provider. Bankz

will not warn you that you have left the Services or that you are subject to the terms and

conditions (including privacy policies) of another website, destination.

You use all third party vendors and their websites at your own risk as such services are not

controlled by Bankz. Bankz has no control over such third party vendors and in no event shall

Bankz be responsible or liable for any or services of such third party vendors.

4. Intellectual Property Rights

4.1. The Service (and all parts thereof), all reproductions, corrections, modifications, enhancements

and improvements thereto, and all data related to the Customer’s usage thereof, and all

Intellectual Property Rights therein or relating thereto, including but not limited to, any

modifications or custom features to the Service to be developed by Bankz for the Customer’s

benefit, whether requested or instructed by the Customer or not, are and will remain the

exclusive property of Bankz or its third party licensors. Any rights therein not explicitly granted

to Customer hereunder, are reserved to and shall remain solely and exclusively proprietary to

Bankz (or its third party licensors).

For the purpose hereof, “Intellectual Property Rights” means any patent rights (including,

without limitation, patent applications and disclosures), service marks, logos, domain names,

copyrights, trademarks, trade secrets, moral rights, know-how, and any other intellectual

property rights recognized in any country or jurisdiction in the world whether registered or non-

registered.

Any error and bug reports, additional features, ideas, requests, feedbacks, recommendations,

comments, concepts and other requests or suggestions related to the Service (collectively, the

Ideas”) that the Customer may provide to Bankz, will be solely owned by Bankz. The

Customer hereby irrevocably assigns and transfers any intellectual property rights in such Ideas

to Bankz, free of charge.

5. Customer Data

4.2. 35.1. 5.2. 5.3. 5.4. Customer, may choose to provide, post, input, submit, or otherwise make accessible to Bankz,

data or information about Customer or any third party (the “Data”), and Bankz will store such

Data on Customer’s behalf, all in connection with Customer’s use of the Service. Customer

hereby provides Bankz and its Related Parties (as defined below) a royalty-free, irrevocable,

non-exclusive right to use, process, upload, display, copy, distribute copies of, perform,

transform, and display publicly and store Data, in order to provide the Service.

Without derogating from the foregoing, Customer hereby grants Bankz an authorization to share

the Data and any personal data related thereto with Bankz’s authorized vendors that enable the

provision of the Service, including recognized banking and financial institutions, some of them

are located outside the Customer’s current jurisdiction.

Without derogating Section 5.1 above, Bankz may also collect, disclose, publish and use in any

other manner anonymous information which is derived from the Service and/or the Data (i.e.,

non-identifiable information, aggregated and analytics information), in order to provide and

improve the Service and for any other legitimate business purpose. Bankz shall remain the sole

owner of such analytics information.

Customer represents and warrants that (a) Customer owns all Data or has all rights that are

necessary to grant Bankz and its Related Parties the licensed rights in Data under these Terms

of Service; (b) Customer’s collection of Data has and will be in compliance with all applicable

laws and regulations, including, without limitation, those concerning data or information

privacy; and (c) neither the Data, nor the inclusion of Data in or use of Data in connection with

the Service, will infringe, misappropriate or violate any Intellectual Property Rights (as defined

below), or violate the privacy rights of any third party, or result in the violation of any applicable

law or regulation, including without limitation those concerning data or information privacy.

As between Customer and Bankz, Customer retains exclusive ownership of the Data. Customer

may download Customer’s Data at any time during the Term, or as otherwise set forth herein,

provided that the Customer complies with these Terms of Service and Bankz’s security

requirements.

6. Confidentiality; Security

6.1. “Confidential Information” means any information disclosed or otherwise made available by

one party to the other party that: (a) if disclosed in writing, is marked “confidential” or

“proprietary” at the time of disclosure; (b) if disclosed orally, is identified as “confidential” or

“proprietary” at the time of disclosure, and is summarized in a writing sent by the disclosing

party to the receiving party within thirty (30) days after any such disclosure, including but not

limited to, all computer software (in binary or source code form), programs, designs, concepts,

scientific, algorithmic and structural information included in, or related to, the Service,

information of a business and commercial nature (such as financial and marketing information

disclosed in any form or medium whatsoever). Confidential Information includes all information

designated by either party as confidential or proprietary within a reasonable time of its disclosure

or which a reasonable person would expect to be treated as confidential; or (c) under the

circumstances, a person exercising reasonable business judgment would understand that such

information is to be confidential or proprietary. For the avoidance of doubt, the Data is

considered to be Customer’s Confidential Information, the Service is Bankz’s Confidential

Information, and the terms of these Terms of Service constitute Confidential Information of both

Customer and Bankz. Notwithstanding the above, Bankz may disclose these Terms of Service

46.2. 6.3. 6.4. and any documents related to the Terms of Service in any due diligence process in connection

with a financing round and/or a M&A transaction.

The use and nondisclosure obligations and restrictions set forth in Section 6.3 will not apply to

any information that: (a) is or becomes generally known to the public through no breach of these

Terms of Service by the receiving party; (b) is rightfully known by the receiving party at the

time of disclosure; (c) is independently developed by the receiving party without use of or access

to the disclosing party’s Confidential Information; or (d) the receiving party rightfully obtains

from a third party who has the right to disclose such information without breach of any

confidentiality obligation to the disclosing party.

The receiving party will not use the disclosing party’s Confidential Information except as

necessary for the performance or enforcement of these Terms of Service and will not disclose

such Confidential Information to any third party except to those of its employees and

subcontractors who have a bona fide need to know such Confidential Information for the

performance or enforcement of these Terms of Service; provided that each such employee and

subcontractor is bound by a written agreement that contains use and disclosure restrictions

consistent with the terms set forth in this Section. Each receiving party will protect the disclosing

party’s Confidential Information from unauthorized use and disclosure using efforts equivalent

to the efforts that the receiving party ordinarily uses with respect to its own confidential

information and in no event less than a reasonable standard of care. The provisions of this

Section 6.3 will remain in effect during the term of these Terms of Service and for a period of

three (3) years after the expiration or termination of these Terms of Service.

The provisions of this Section 6 will not restrict either party from disclosing Confidential

Information pursuant to the order or requirement of a court, administrative agency, or other

governmental body; provided that the party required to make such a disclosure gives reasonable

notice to the other party to enable it to contest such order or requirement or limit the scope of

such request. The party responding to such an order or requirement will only disclose that

information that is expressly required.

The receiving party acknowledges that the disclosure of Confidential Information could cause

substantial harm to disclosing party that could not be remedied by the payment of damages

alone. Accordingly, disclosing party will be entitled to preliminary and permanent injunctive

relief and other equitable relief in any relevant jurisdiction for any breach of this Section 6 or

misuse of Confidential Information by the receiving party.

To the maximum extent permitted under applicable law, Bankz shall maintain generally

accepted industry safeguards to protect the security and confidentiality of Customer’s Data.

Bankz will maintain any personally identifiable information that Bankz collects and/or receives

in connection with the Service in accordance with Bankz’s Privacy Policy.

7. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis, and without warranties of any

kind either express or implied. Customer assumes all responsibility for the selection of the

Service to achieve Customer’s intended results. BANKZ HEREBY DISCLAIMS ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, IMPLIED

WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR

PURPOSE, AND NON-INFRINGEMENT. BANKZ DOES NOT WARRANT THAT THE

SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE

CORRECTED. BANKZ DOES NOT OFFER A WARRANTY OR MAKE ANY

6.5. 6.6. 7.1. 57.2. It 7.3. 7.4. REPRESENTATION REGARDING ANY INFORMATION, RESULTS, OR ADVICE THAT

CUSTOMER OBTAINS THROUGH THE SERVICE.

is clear that Bankz (Bnkz network limited) is not a bank not a financial institution, and does

not hold, store or part of the financial transactions executed in the platform. Bankz provides tech

platform, connecting financial institutions with clients and acts as a referral.

The Service may use or include third party software, files and components that are subject to

open source and third party license terms (“Third Party Components”). Customer right to use

such Third Party Components as part of, or in connection with the Service is subject to any

applicable acknowledgements and license terms accompanying such Third Party Components

contained therein or related thereto. If there is a conflict between the licensing terms of such

Third Party Components and these Terms of Service, the licensing terms of the Third Party

Components shall prevail in connection with the related Third Party Components. Such Third

Party Components are provided on an “AS IS” basis without any warranty of any kind and shall

be subject to any and all limitations and conditions required by such third parties. Customer

hereby agrees to such terms associated with the Third Party Components. Under no

circumstances shall the Service or any portion thereof (except for the Third Party Components

contained therein) be deemed “open source” or “publicly available” software.

The use of any third party vendor, software or other service provider in connection with the

services, is further subject to the terms and conditions of such third party, and the services

provided thereunder. Furthermore, under certain circumstances, such third party services may

be interrupted, defected or otherwise not be available to the Customer, due to applicable

regulations or other related matters. Without derogating from the above, Bankz makes no

guarantee to the services provided by those third parties.

8. Indemnification

8.1. 8.2. 8.3. Customer Indemnification. Customer agrees to defend, indemnify and hold harmless Bankz, its

affiliates and their directors, employees, service providers, agents, sub-contractors,

representatives, and anyone on their behalf (the “Related Parties”) any and all claims, suits or

actions including related judgments, awards, liabilities, damages, losses, costs and expenses

(including reasonable attorneys’ fees) and other expenses (collectively, the “Damages”),

attributable to such claim awarded in final judgment against or paid in settlement by Bankz or

its Related Parties, brought against Bankz and its Related Parties to the extent that are based on

or arise from: (a) a third party claims Damages arising from Customer’s unauthorized access or

use of the Service; (b) Customer and/or any End User breach of these Terms of Service; (c) any

breach of the Customer’s representations and warranties set forth herein; (d) Customer gross

negligence or willful misconduct; (e) any claim from a third party that the Data infringes any

intellectual property, including any patent or any copyright or misappropriate any trade secret.

Indemnification Procedures. The indemnifying party’s indemnification undertakings above,

shall be conditioned upon the following: (a) the indemnifying party shall be given prompt

written notice of the claim by the indemnified party promptly upon its receipt; (b) the

indemnified party shall act in good faith and use commercially reasonable efforts to cooperate

with the indemnifying party; (c) the indemnifying party, at its cost and expense, shall take over

a claim and assume the defense; and (d) the indemnified party shall not make any admission,

file any papers, consent to the entry of any judgment or enter into any compromise or settlement

without the express prior written consent of the indemnifying party.

Sole Remedy. THE FOREGOING STATES THE ENTIRE OBLIGATION OF BANKZ WITH

RESPECT TO ANY ALLEGED OR ACTUAL IP CLAIM.

69.2. 9. Limitation of Liability

9.1. BANKZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING,

WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL,

LOSS OF DATA, LOST PROFITS OR OTHER INTANGIBLE LOSSES), UNDER ANY

THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT

LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE ARISING OUT

OF OR RELATING IN ANY WAY TO THE SERVICE PROVIDED TO CUSTOMER (EVEN

IF DATARAILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND

EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE).

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO

THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BANKZ’ TOTAL

AGGREGATE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR ANY CAUSE

WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL

TIMES BE LIMITED TO THE AMOUNTS ACTUALLY RECEIVED BY BANKZ FROM

THE CUSTOMER FOR THE SERVICE PROVIDED TO THE CUSTOMER DURING THE

TWELVE (12) MONTHS PRECEDING THE CIRCUMSTANCES FIRST GIVING RISE TO

THE CLAIM OF LIABILITY.

THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR

CLAIMS OR DAMAGES IN CONNECTION WITH THESE TERMS OF SERVICE BEING

AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF

ONE OR MORE CLAIMS SHALL NOT ENLARGE THE LIMIT.

The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of

action it may have arising out of or related to use of the Service or otherwise under these Terms

of Service must be filed within two (2) years after such claim or cause of action arose or the

Customer hereby agrees to be forever barred from bringing such claims.

These Terms of Service shall not confer any rights or remedies upon any person or entity on

behalf of the Customer other than the Customer.

10. Publicity

Customer agrees that Bankz may, during the Term, identify Customer as a customer of the Service,

and display Customer’s name and/or logo (“Customer Marks“) on the Bankz site, in press releases

and in Bankz’s published marketing materials, solely in connection with the Service and such

identification. Customer retains all title in and to Customer Marks, and all goodwill developed from

such use shall be solely for Customer’s benefit.

11. Term and Termination

9.3. 9.4. 11.1. 11.2. 11.3. Term. The Terms of Service shall become effective following activation of the account and shall

continue until terminated by either party as provided in these Terms of Service.

Termination for Convenience. As detailed in the terms of registration.

Termination for Cause. Either party may terminate these Terms of Service upon written notice

to the other party if (a) the other party commits a material breach of these Terms of Service; or

(b) one or more of the following events occur(s): (i) appointment of a trustee or receiver for all

or any part of the assets of the other party; (ii) insolvency or bankruptcy of the other party; (iii)

a general assignment by the other party for the benefit of creditor(s); or (iv) dissolution or

liquidation of the other party, such termination shall be immediately.

711.4. Consequences of Termination. Upon expiration or termination of these Terms of Service, (a)

Customer’s rights to access and use the Service will immediately terminate and Customer will

immediately cease all use of the Service..

11.5. For the avoidance of doubt, expiration or termination of these Terms of Service for any reason

shall not relieve Customer from Customer’s obligation towards Bankz under these Terms of

Service

11.6. Sections 6, Error! Reference source not found., termination of these Terms of Service.

9 and 12 shall survive expiration or

12. General

12.1. This Agreement and Registration, represent the complete agreement concerning the Service

between Customer and Bankz and supersede all prior agreements and representations related to

the subject matter hereof.

12.2. Section headings are provided for convenience only and have no substantive effect on

construction.

12.3. Neither party shall be liable for any failure to perform due to causes beyond its reasonable

control.

12.4. Bankz reserves the right at any time to modify these Terms of Service. Any such modification

will be effective immediately upon posting the amended Terms of Service on Bankz’s website

or by sending an electronic mail to the Customer to support@bankz.eu The Customer’s

continued use of the Service after the effective date of any such modification will be deemed

acceptance of such modified these Terms of Service.

12.5. These Terms and any rights granted hereunder, may not be transferred or assigned by either

party without the other party’s prior written consent; provided, however, that each party may

assign these Terms in whole to a successor in connection with a merger, consolidation, or

acquisition of all or substantially all of the assigning party’s assets.

12.6. The relationship of the parties is solely that of independent contractors, and nothing herein shall

be construed to create any employment relationship, partnership, joint venture or agency

relationship or to authorize any party to enter into any commitment or agreement binding on the

other party.

12.7. If any provision is held to be unenforceable, these Terms of Service shall be construed without

such provision. The failure by a party to exercise any right hereunder shall not operate as a

waiver of such party’s right to exercise such right or any other right in the future. No waiver by

either party of any default shall be deemed a waiver of any prior or subsequent default of the

same or other provisions of these Terms of Service, nor shall any delay or omission on the part

of either party to exercise or avail itself of any right or remedy that it has or may have hereunder

operate as a waiver of any right or remedy.

All disputes arising out of these Terms of Service will be subject to the governing law of the

state of United Kingdom and the exclusive jurisdiction of the competent courts located in the

city of London.

The parties agree and submit to the personal and exclusive jurisdiction and venue of these courts,

except that nothing will prohibit either party from instituting an action in any court of competent

jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights. The

United Nations Convention on Contracts for the International Sale of Goods shall not apply to

these Terms of Service.

812.8. Notices and all other communications provided for in these Terms of Service shall be in writing

and shall be deemed to have been duly given when personally delivered or sent by email

(support@bankz.eu if to Bankz, and the email provided by the Customer as part of the

Registration), provided that the recipient confirmed the receipt of such notice, or certified mail,

return receipt requested, postage prepaid, addressed to the respective addresses set forth on the

respective Order Form or last given by each party to the other. Such notice, demand or other

communication shall be deemed given (a) if sent by an email – one business day following the

sending the email; (b) at the expiration of seven (7) days from the date of mailing by registered

mail; or (c) immediately if delivered by hand.

Last modified: May 17, 2024

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