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General Terms and Conditions

Terms and Conditions of Use

Guty is an online platform that provides information about bowel disorders and connects healthcare professionals who are experts in this field with people who wish to obtain advice and, if necessary, set up a treatment programme through the various Platform Services.

You are invited to read these Terms of Use carefully before accepting them and validating your registration as a User and using the Services.

  1. Definitions

In these Terms and Conditions of Use :

« Application"means the mobile application operated by Guty.

« General Conditions of Use"refers to this document and the documents referenced herein, including the Confidentiality and privacy protection policyand, where applicable, the Conditions of Access to the paid-for Consultations and Services set out in Article 13 below.

« Conditions of Access to Paid Services "means the Conditions of Access to Paid Services set out in Article 13 belowwhich apply to all paid services and form an integral part of the General Terms of Use.

« User Account"means the account that must be created by each User in order to use the Services.

« ConsultationConsultation" means a consultation arranged and managed by a Practitioner using the Services.

« ContentContent" means all data and content uploaded, posted, transmitted or otherwise made available by Users via the Services, including text and images, including messages, files, comments, profile information and any other material entered or uploaded by a User on the Website and/or through the Services.

« Parties"means, depending on the context, Guty and/or the Users.

« PractitionerPractitioner" refers to professionals in the health sector who work with Users via the Services. The Practitioners, partners of Guty, working within the framework of the Services may or may not be "Health Professionals" within the meaning of the applicable regulations. The professions of hypnotherapist or sophrologist, for example, are not currently listed as "Health Professionals" by the applicable French regulations. In any case, Guty ensures that Practitioners have the diplomas or titles that allow them to legally practice their profession and that they have carried out any registration procedure or any other legally required step to this effect.

« Services"refers indiscriminately to the Website and the Application offered by Guty and the services offered on the Website and/or the Application offered by Guty and comprising :

  • Practitioner Services Services: refers to the Services offered by Practitioners under their responsibility to Users via the Guty platform. These Services are the following:
    • Booking an appointment ;
    • Delivery of advice and/or development of a care program for the benefit of Users with gastrointestinal pathologies by Practitioners specialised in digestive disorders (care program, including diets, etc.), in videoconference and by live messaging with Users. This activity may, where applicable, be based on your symptom tracking information as analysed through your use of the Services. It is referred to herein as "Consultation";
    • Subject to the prior consent of the User, sharing of health data with other Health Professionals.
  • Guty's services Services: refers to the Services directly offered by Guty to Users. These Services are the following:
    • Provision of Content relating to intestinal problems written or selected by Practitioners for Users (such as scientific articles, guides on digestive pathologies, videos);
    • Collection and analysis by our algorithms of the information you give us, relating to your symptoms and your diet, in order to help identify the foods that trigger your intestinal symptoms and allow us to adapt our Content to your situation.

« GutyGuty Care": refers to the company Guty Care, a simplified joint stock company with variable capital, whose head office is located at 2, rue de la Mabilais, 35000 RENNES, registered in the Rennes Trade and Companies Register under the 877 943 050 number.

« website"means the online platform accessible at www.guty.me operated by Guty.

« User"means a person identified on the website or the Application to use the Services.

  1. Object

The purpose of these General Terms of Use is to determine the conditions of use of the Services. They govern the relationship between Guty and Users for the use of the Services, and contain important information about your rights and obligations when using the Services. Please read them carefully.

  1. Acceptance of the General Terms of Use and modifications

The use of the Services requires the prior and unconditional acceptance of the General Terms of Use. This acceptance is formalised when validating a User Account by ticking and validating the box " I accept the General Conditions of UseThis acceptance is formalised when validating a User Account by ticking and validating the box "I accept the General Terms of Use" required to use the Services.

The present General Terms of Use will apply to any modification of the Services, to any new version, service or functionality and to any new guty.me mobile application, regardless of the access mode.

Guty reserves the right to modify these General Conditions of Use at any time, including Privacy and Confidentiality Policyand, if applicable, the Conditions of access to the Consultations and Paid Services. They will then be applicable, as soon as they are put online, to any new use of the Services, in particular when a User Account is created, when a Consultation is created or when access is granted in the context of a Consultation. You are therefore invited to consult them regularly in order to take note of any changes. For its part, Guty will provide Users with reasonable notice before the modification comes into effect, under the conditions specified in Article 6 below. Any new use of the Services after notification and publication by Guty of a new version of the General Conditions of Use will be considered as acceptance of this latest version, including the documents referred to therein. All Users are informed that the only version of the GTU that is valid is the one that is online, which they acknowledge and accept without restriction. The User is required to refer to the online version of the GTU at the date of access and each use of the Services.

  1. Functioning of the Services

4.1 Access

Although Guty makes every effort to ensure reliability and availability of access to the site 24 hours a day, Guty cannot be held responsible in any way for an error, a bug or any anomaly encountered in the use of the Services, as well as for an interruption in access, whatever the reason or duration. In the event of a scheduled shutdown, particularly in the context of maintenance and/or development of the Services, Guty will make its best efforts to inform you in advance by publishing an alert.

Guty may, at its sole discretion, interrupt, delete, modify or add Services, permanently or temporarily. In this case, Guty will endeavour, as far as possible, to give prior notice to Users. All new, modified or deleted features are subject to these General Terms of Use. The fact that you continue to use the Services after such changes means that you accept these changes and the application of these General Conditions of Use to these changes.

Please refer to our Privacy and Confidentiality Policy for information on the steps we take to protect your information.

Furthermore, you alone are responsible for ensuring all the technical means giving you access to the Services.

4.2 Creating a User Account

The use of the Services is subject to the creation and prior validation of a User Account by which the Users provide their identity and contact details, and expressly declare under their sole and entire responsibility :

  • have full legal capacity to enter into commitments under these General Terms of Use: a User Account may only be created for a person who does have full legal capacity under the applicable regulations, by their parents or legal guardian, in particular persons under the age of 18;
  • have read these Terms and Conditions of Use (including the Privacy and Confidentiality Policy) and, where applicable, the Conditions of access to the Consultations and paid servicesaccept them fully and without reservation and undertake to comply with them scrupulously.

In particular, the User expressly acknowledges having been informed that :

  • General information on health-related topics that may be provided under the Guty Services is for information purposes only;
  • The User is informed that he/she posts content in the chat room under his/her sole and entire responsibility, regardless of the nature, object and purpose of the content;
  • the data he provides is decisive for the provision of the Services and the quality of his care by the Healthcare Professionals who use the Guty platform. It is therefore his responsibility to provide and declare reliable, complete, accurate and up-to-date information. This data is entered under his full control and responsibility.

Users undertake to :

  • to provide accurate, complete and up-to-date information and not to impersonate any third party;
  • ensure that the contact details they provide to Guty are kept up to date. Users also undertake not to allow any other person access under their identity or user name;
  • Set a strong and secure password and protect the confidentiality of their password;
  • respect and maintain the confidentiality of their User Account login details. 

By creating a User Account, you expressly acknowledge that any connection to your User Account as well as any transmission of data from your User Account will be deemed to have been made by the holder of the User Account concerned, i.e. by you or the company or other entity you represent.

Any incomplete or inaccurate declaration or provision of information, any usurpation of identity or false identity as well as any breach of one of the obligations set out in these General Terms of Use, may, depending on the breach in question and the circumstances, lead to the suspension of access to the Services and/or their use, the closure of the User Account and/or give rise to legal proceedings.

In general, each User is solely responsible for any use of his User Account. Any loss, misappropriation or use of connection identifiers and their possible consequences are the sole responsibility of the User concerned.

In accordance with the applicable regulations, any User Account that has remained inactive for a period of two (2) years may be archived for a limited period of time in order to be reactivated if necessary at the request of the User concerned and/or deleted.

4.3 Using the Services

Each User undertakes to use the Services in compliance with (i) these General Terms of Use, (ii) applicable laws and regulations, (iii) the rights of third parties, including, but not limited to, intellectual property rights, privacy rights or personality rights, and (iv) any other agreements (in particular confidentiality agreements) to which he or she is subject, where applicable.

The Services may incorporate third-party technologies belonging to third parties which impose their own conditions of use. Where access to and use of the Services requires the use of such third party technologies, the User undertakes to comply with the terms of use of such technologies, including those relating to intellectual property rights.

Each User is furthermore prohibited from using the Services in any manner that (i) goes beyond what Guty permits under these Terms of Use and/or any document referred to herein, (ii) modifies the Services and/or underlying technologies, (iii) violates or circumvents technical, administrative, procedural or security measures of the Services and/or underlying technologies, (iv) disrupts or degrades the performance of the Services and/or underlying technologies, including, without limitation, by interfering or attempting to interfere with any user, host or network access, sending a virus, overloading, flooding, (v) tests the vulnerability of Guty's systems or networks and/or underlying technologies, (vi) interferes or attempts to interfere with, compromise or attempt to compromise the proper working of the Services, their integrity or security (vii) decrypts or attempts to decrypt transmissions to or from servers running the Services, (viii) imposes or attempts to impose an unreasonable or disproportionately large load on the infrastructure supporting the Services, such unreasonableness to be determined in Guty's sole discretion, (ix) violates the trade secrets or know-how of Guty and/or the owners of the underlying technologies, or has the object or purpose of (x) decrypting, decompiling, disassemble or reverse engineer or otherwise modify the source code of any software used to provide the Services and/or the underlying technologies, (xi) access any content of the Services through any technology or means other than those provided or authorised by Guty and (xii) circumvent measures used by Guty to prevent or restrict access to the Services, including, without limitation, features which prevent or restrict the use or copying of any Content or impose limitations on the use of the Services.

In general, each User commits to take all necessary precautions to ensure that no viruses or other computer programs are transmitted via the Services that could damage, interfere with, intercept or expropriate any system or data.

  1. Consultations and Contents

IT IS REMINDED THAT, BY VIRTUE OF THE LEGISLATION IN FORCE, GUTY IS NOT SUBJECT TO ANY OBLIGATION TO MONITOR THE INFORMATION TRANSMITTED OR STORED THROUGH THE SERVICES, AND DOES NOT CONTROL EITHER THE CONTENT OR THE CONSULTATIONS.

THE SERVICES PERFORMED BY GUTY ARE EXCLUSIVELY LIMITED TO THE PROVISION OF AN ONLINE PLATFORM AND/OR APPLICATION TOOLS FOR THE PROVISION OF CONTENT AND THE ORGANISATION OF CONSULTATIONS, WITHOUT ANY CONTROL OF ANY KIND OR OTHER FORM OF GUARANTEE, NOR ANY POSSIBILITY OF CONTROL OR GUARANTEE OF ANY KIND ON THE PART OF GUTY OVER THE USERS AND/OR OVER THE RESPECT BY THE USERS OF THEIR OBLIGATIONS WITH REGARD TO THEIR USE OF THE SERVICES, IN PARTICULAR WITH REGARD TO THE LEGAL AND DEONOTOLOGICAL OBLIGATIONS THAT PRACTITIONERS MUST RESPECT, NOTABLY THEIR OBLIGATION OF PROFESSIONAL SECRECY COVERING INFORMATION RELATING TO THE STATE OF HEALTH OF THE USERS.

IN ANY CASE, EACH PRACTITIONER IS SOLELY RESPONSIBLE FOR THE SUBJECT AND THE CONDUCT OF THE CONSULTATIONS. GUTY ACCEPTS NO RESPONSIBILITY FOR THE COMPLIANCE OF PRACTITIONERS WITH THEIR CONSULTATION COMMITMENTS, APPLICABLE LAWS AND REGULATIONS AND ANY AGREEMENTS OR OBLIGATIONS TO WHICH IT MAY BE SUBJECT WITH REGARD TO THIRD PARTIES. 

NOTWITHSTANDING THE FOREGOING AND INSOFAR AS THE SERVICES PROVIDED BY THE PRACTITIONERS ARE NOT BASED ON ANY PRIOR CLINICAL PHYSICAL MEDICAL EXAMINATION OF THE USER BUT SOLELY ON THE MEDICAL INFORMATION AND DOCUMENTS TRANSMITTED BY THE LATTER, THE PRACTITIONER'S LIABILITY SHALL IN NO WAY BE INCURRED IN THE EVENT THAT THE USER TRANSMITS INCOMPLETE, INSUFFICIENT OR ERRONEOUS DATA. THE USER IS IN FACT SOLELY RESPONSIBLE FOR THE ACCURACY, CONSISTENCY AND COMPLETENESS OF THE DATA AND MEDICAL DOCUMENTS THAT HE/SHE HAS TRANSMITTED, VIA THE SERVICES, TO THE PRACTITIONERS IN THE CONTEXT OF THE SERVICES THEY PROVIDE. UNDER NO CIRCUMSTANCES WILL THE PRACTITIONER BE ABLE TO VERIFY THE ACCURACY AND COMPLETENESS OF THE DATA ENTERED BY THE USER.

Any User has the right to report content that he/she considers abusive or otherwise dubious. In this case, he/she must provide his/her personal identification data (surname, first name, address, e-mail address), a precise description of the Content that he/she considers to be erroneous or illicit and the reasons for this. We remind you that reporting illicit Content with the aim of obtaining its removal and/or stopping its distribution, knowing this information to be inaccurate, is punishable under Article 6 al. 4 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and exposes you to criminal and/or civil legal proceedings.

For its part, Guty may of course take appropriate measures if the Content is clearly erroneous and/or illegal under French law, and reserves the right, at any time, without prior notice or compensation or right to reimbursement of any kind, to remove or deactivate any Content that Guty, at its sole and absolute discretion, considers not to be in compliance with the applicable regulations and/or these General Terms of Use and/or which, in particular, without this list being exhaustive, is likely to :

  • infringe or is alleged to infringe the rights of a User and/or third parties, including, without limitation, intellectual property rights, obligations of confidentiality and/or rights to privacy, on any grounds whatsoever;
  • constitute a violation of any applicable law or are alleged to violate any applicable law;
  • is or is alleged to be misleading, fraudulent or otherwise unlawful, immoral, infringing, defamatory, child pornography, discriminatory, violent or threatening;
  • promote or is alleged to promote discrimination, bigotry, racism, hatred, harassment, harm to any individual or group, violence, any action that threatens any person or entity, and any illegal or harmful activity or substance

Guty may also be required to (i) pass on to the User any notification or complaint it receives concerning the use of the Services by this User and/or (ii) communicate the nominative information concerning the User as well as all or part of the information stored on its servers, (iii) to take any other measures that may be required by law, depending on the circumstances, such as, in particular, removing data deemed to be illegal or making access to it impossible and/or (iv) when required by law, to inform the competent public authorities of illegal activities that are reported to it or of which it is otherwise aware.

  1. Contacts and written communications

If you have any questions or requests for information regarding the Services, or if you wish to give notice hereunder, please send us a message by clicking on the link contact@guty.me. We will respond as soon as possible.

By using the Services, you agree that most of our communications will be exchanged electronically and that we will provide you with notification by posting on the Services and/or by email to the address you provided when you registered. It is your responsibility to keep this email address up to date so that we are able to contact you by email at any time. Notification given by posting on the Services will be deemed to have been given on the date of posting and notification given by email will be deemed to have been given on the date of receipt in your inbox.

In application of articles 1365 and following of the Civil Code, electronic writing has the same evidential value as paper writing. All exchanges made through the Services or by electronic message as recorded in Guty's systems and stored on a storage disk that complies with applicable standards, are presumed reliable and will be considered as proof between the Parties, until the contrary is proven. The scope of the proof of the information delivered by Guty's computer systems, in particular the "validate" buttons associated with the double-click procedure, i.e. the verification of his commitments and then their confirmation, has the value of an electronic signature with the same value as a handwritten signature and constitutes the validation of the electronic contract.

  1. Duration and termination

These General Conditions of Use apply for the entire duration of the User Account or, in the case of Conditions of access to paid Consultations and Servicesfor the duration of the corresponding Consultations and Services.

In accordance with the law, the User Account can be closed by a User at any time, by sending a request to this effect to Guty via the contact form. The User Account will then be deactivated and the User will no longer have access to the Services.

For its part, Guty reserves the right to temporarily or permanently deactivate a User Account and its access to the Services in the following cases 

  • if Guty considers, at its sole discretion, that the User has failed to comply with any of its obligations under these General Terms of Use;
  • if Guty is unable to verify or authenticate the information provided at the time of the creation or modification of the User Account, and the User does not respond to its requests for verification and/or authentication;
  • if Guty considers, in its sole discretion, that the actions of the User are likely to engage the responsibility of Guty.

Termination of a User's Account for any reason shall not relieve either Party of any obligation that may have been in effect prior to such termination or that, to be given full effect, must survive the termination of the User's Account, including, but not limited to, provisions relating to intellectual property rights, warranty disclaimers, limitations of liability, and provisions relating to applicable law and dispute resolution.

  1. Guarantees and liability

GUTY CAN IN NO WAY BE HELD RESPONSIBLE FOR (I) THE UNAVAILABILITY OF THE SERVICES OR A PROBLEM CONNECTING TO THE SERVICES, AS WELL AS IN GENERAL ANY FAILURE, BREAKDOWN, DIFFICULTY OR INTERRUPTION IN OPERATION, PERMANENT OR TEMPORARY CESSATION OF THE SUPPLY OF SERVICES, PREVENTING ACCESS TO THE SERVICES OR TO ONE OF THEIR FUNCTIONS, AND THE CONSEQUENCES THAT MAY ARISE FOR THE USER (II) FROM ANY MODIFICATION THAT GUTY MAY MAKE TO THE SERVICES, (III) FROM THE USE OF THE SERVICES AND THE CONCLUSIONS OBTAINED AND/OR ACTIONS TAKEN IN THE CONTEXT OF OR FOLLOWING A CONSULTATION, AND/OR (IV) FROM ANY CLAIMS, LOSSES OR DAMAGE CAUSED BY ANY ERROR OR OMISSION IN THE DATA AND INFORMATION PROVIDED BY THE USERS IN THE CONTEXT OF A CONSULTATION 

THE USER ACKNOWLEDGES AND EXPRESSLY ACCEPTS THAT THE ABOVE LIMITS OF LIABILITY ARE ESSENTIAL ELEMENTS OF GUTY'S CONSENT TO THE PROVISION OF THE SERVICES AND CONSTITUTE A BALANCED DISTRIBUTION OF THE RISKS ARISING FROM THE CONTRACT, PARTICULARLY WITH REGARD TO THE PRICE OF THE SERVICES PAID BY THE USER.

  1. Security and privacy

Guty attaches great importance to the security and confidentiality of the data used by or on the website and/or the Services. For more information on how Guty collects and uses your data, please see the Privacy and Confidentiality PolicyPrivacy Policy of Guty. By creating a User Account and using the Services, the User expressly agrees to the use of his/her data by Guty.

  1. Force majeure

The responsibility of a Party cannot be implemented if the non-performance or the delay in the performance of one of its obligations defined in these General Terms of Use results from a case of force majeure, as defined by article 1218 of the Civil Code and by the case law of the French courts.

By express agreement between the Parties, the following are also expressly considered as constituting cases of force majeure the blocking of telecommunications, the blocking of the Internet, the breakdown of the equipment broadcasting the service and normally maintained, fire, water damage, the blocking of means of transport or supply, total or partial strike, any terrorist attack or threat of terrorist attack, any epidemic, threat of epidemic, pandemic or threat of pandemic, as well as any new regulations and any decision of a constituted authority which would restrict, prohibit or make it impossible to continue the provision of the Services.

The performance of any obligation under these General Terms and Conditions of Use shall be deemed to be suspended for the entire period of occurrence of the circumstance constituting "force majeure" and shall continue for as long as such circumstances exist and at the end of this period, for a reasonable time to allow normal resumption of the performance of the obligations of the Party affected by the force majeure situation.

  1. General

11.1 The General Terms of Use constitute, together with all the documents referred to therein and, where applicable, the Premium or Company subscription forms validated online, the entirety of the conditions that apply to Guty's relations with any User and they apply in preference to any other previous provision, any previous discussion or agreement, any talks, correspondence, negotiation that may have taken place prior to the present publication of the General Terms of Use or any previous general conditions of service or use. In case of contradiction or difference between these General Terms of Use and the conditions or documents referred to herein, these conditions and documents shall prevail in the following order: (1) the subscription form for paid Consultations and Services, if applicable, (2) the Conditions of Access to Paid Services and Consultationswhere applicable, (3) the Confidentiality and Privacy Policy and (4) the General Terms of Use. No other stipulations shall apply.

11.2 If any of the provisions of these General Terms and Conditions of Use are invalid or unenforceable, in whole or in part, the other provisions shall continue to apply. The Parties undertake, in good faith, to replace the unenforceable or invalid provisions with other provisions of comparable effect.

11.3 The titles of articles are only indicative.

11.4 No forbearance by either Party in the implementation of one or more of the terms and conditions hereof shall be construed as an implied agreement or waiver of the application hereof.

11.5 The fact that the Parties do not enforce one of the provisions of these General Terms of Use does not constitute a waiver of the right to enforce this provision at a later date or to avail themselves of any right relating to it.

11.6 No rights or obligations resulting from this agreement may be transferred, assigned or transmitted by a User to any third party without the prior and express consent of Guty. Any transfer or transmission in violation of this article 11.6 will be null and void. Guty will however be entitled to transfer or assign partially or totally its rights and obligations by virtue of these General Terms of Use to any entity (i) to which it is or will be related (ii) absorbing it or succeeding it at the end of a restructuring operation or (iii) purchasing or assigning all or part of its capital or its assets, including the website and/or the Services.

11.7 These General Terms of Use and any document referred to in these General Terms of Use, including the Special Terms of Subscription for a Premium or Corporate Membership and/or the Confidentiality and Privacy Policy are written in French. When Guty provides you with a version translated into a language other than French, only the French version shall prevail in case of contradiction.

  1. Applicable law and jurisdiction

These General Terms of Use shall be governed by and construed in accordance with French law, regardless of the location from which the Services are used.

The Services comply with French legislation. Guty can in no way guarantee compliance with local legislation that may be applicable to you when you access the Services from a country other than France.

  1. Conditions for access to paid services

Creating a User Account gives you access to various free features of the Services.

Users also have the possibility to access Consultations and paid services. Access to these Consultations and Paid services is subject to these Conditions of Access to Consultations and Paid services, which are complementary to the General Conditions of Use set out in articles 1 to 12 above and form an integral part thereof.

When a User wishes to access paid-for Consultations and Services, he/she acknowledges that he/she has previously read the present Conditions of Access to Paid-for Consultations and Services set out in Article 13 belowwhich they expressly declare that they accept by ticking the appropriate box.

Once validated, the subscription to paid Consultations and Services implies acceptance of the corresponding Consultations and Services and their prices, as mentioned on the website and/or the Application and summarised on the subscription form. It is final and irrevocable, and entails the obligation to pay the price of the corresponding Consultations and Services. By validating the subscription to paid Consultations and Services, the User certifies that he/she has received details of the payment methods.

The subscription forms, the General Conditions of Use in force on the day of the subscription and the invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with Article 1366 of the Civil Code, and will be considered by the Parties as proof of the communications and orders made between them. The "validation click" constitutes an electronic signature with the same value as a handwritten signature.

The prices of Consultations and Paid Services are expressed in euros and include VAT. 

Consultations by health professionals (within the meaning of the applicable regulations) are exempt from VAT when they pursue a therapeutic purpose for a given User, within the framework of a dialogue between that User and the health professional.

Payment is made by credit card. The User will be able to use the Consultations and paid Services as soon as the bank transaction has been validated and/or Guty has obtained the User's bank details in order to carry out a pre-authorisation of payment for an amount equal to the price of the Consultation and/or paid Services reserved. 

The User's bank account will be directly debited with the price of the Consultations and Paid Services in force on the day of their subscription, it being specified that any Consultation cancelled less than 48 hours before the Consultation, or any Consultation for which the User has not shown up, will be due and will be the subject of a bank debit for an amount equal to the price of the Consultation and/or Paid Services reserved.

In addition, Guty reserves the right to cancel all Consultations and paid Services that have not been paid for and/or for which Guty does not have a pre-authorisation of payment for an amount equal to the price of the Consultation and/or the paid Services ordered. 

In accordance with Article L221-28, 13° of the French Consumer Code, the User declares that he/she wishes to begin benefiting from the paid Consultations and Services immediately and expressly waives his/her right of withdrawal as provided for in Article L 221-18 of the same Code.

Consultations and paid services are not refundable in any way. 

Guty reserves the right to change its prices at any time. 

If you have any questions about the Consultations and Paid Services, you can consult your User Account or contact us at contact@guty.me.

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Updated the 2021/08/05