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Terms and Conditions

1. Introduction and Acceptance of Terms and Conditions

 

Welcome to TerriTie, a unique dating and friendship application that revolutionizes social connections by blending geographical mapping with social interaction. At TerriTie, our motto is "Pick a Place, then a Face." We offer a map-interface platform where users can select a location, express interest in various activities, and engage in a matching process with others who share similar interests. Our innovative system allows for communication through predesigned messages and facilitates arrangements for meet-ups using our in-app currency, TieCoins. TerriTie is committed to fostering genuine, face-to-face interactions, with features designed to unlock texting and calling capabilities 24 hours before the scheduled meeting.

 

This agreement is to be accepted along with the privacy policy and cookies policy.

 

2. Global Reach and Accessibility

 

TerriTie is designed for a global audience, and while we are headquartered in New Zealand, our services are accessible worldwide. We aim to provide a consistent and secure experience for all our users, regardless of their location.

 

3. Definitions

 

In these documents, the following terms are used with the meanings as described below:

 

TerriTie/We/ The App: refers to TerriTie Limited and the TerriTie App

 

a) Users/Members/TerriTiers: These terms are interchangeable and refer to individuals who have created an account and use TerriTie's services.

 

b) TerriMap: Refers to the map-interface feature of the TerriTie app, which users interact with to select locations and engage with others.

 

c) TerriTalk: The chat feature within TerriTie, used for communication between users.

 

d) Personal Data: Information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

 

e) Cookies: Small data files stored on your device that help us improve our service and your experience, understand your usage patterns, and customize content.

 

f) Third-Party Services: Services provided by parties other than TerriTie, which may include advertisers, sponsors, or analytics providers.

 

g) TieCoins: Virtual Money

 

h) Virtual Goods: Stickers, chat Themes, badges and achievements.

 

4. Agreement to Terms

 

By creating an account on TerriTie, either through our app or website, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions, as well as our privacy policy. Your use of TerriTie's services signifies your acceptance of these terms and constitutes a legally binding agreement between you and TerriTie.

 

5. Updates and Changes to Terms

 

We reserve the right to modify these terms at any time. Changes will be communicated to our users through email and in-app notifications. Continued use of our services after such changes will constitute your consent to such changes.

 

6. Language and Communication

 

Currently, our terms and conditions are available in English. We strive to ensure clarity and understandability in our communication. If you have any suggestions or needs regarding language accessibility, please feel free to contact us. These Terms of Service may be translated into various languages using translation tools. In the event of any inconsistency or differing interpretation between the translated versions and the English original, the English text shall take precedence. Any discrepancies in the translated versions will be automatically adjusted to align with and maintain consistency with the English text.

 

7. Legal Compliance

 

TerriTie is dedicated to upholding the highest standards of legal compliance in the online dating and social interaction sector globally, with a strong commitment to user safety, data protection, and privacy.

 

a) General Data Protection Regulation (GDPR): In line with our global operations, including in the European Union, we adhere to the GDPR. This encompasses stringent data security measures and transparency in the processing of personal data, ensuring users' rights are respected and protected.

 

b) Robust Verification Processes: TerriTie employs advanced verification methods, including face-verification, mobile verification, and ID verification. These processes enhance user safety and trust, reduce the risk of fraudulent activities, and ensure compliance with international best practices for online dating platforms.

 

c) User Safety and Security: Our commitment extends to implementing industry-leading safety and security practices. This includes continuous monitoring and enhancement of our profile verification processes, and employing content moderation tools to maintain a secure and respectful user environment.

 

d) Country-Specific Regulations: We recognize and comply with the specific legal requirements of different countries. In the US, this includes adherence to the International Marriage Broker Regulation Act (IMBRA), and in the UK, aligning our practices with the standards set by the Online Dating Association (ODA).

 

e) Compliance with New Zealand Laws: As a company based in New Zealand, we are committed to complying with local laws and regulations, including the Privacy Act 2020, which governs the handling and protection of personal information. We also adhere to the Harmful Digital Communications Act and the Unsolicited Electronic Messages Act, which regulate digital communications and anti-spam laws in New Zealand.

 

f) Ongoing Legal and Ethical Compliance: TerriTie is dedicated to staying abreast of legal developments and evolving industry standards in all jurisdictions where we operate. Our proactive approach ensures ongoing compliance and alignment with the highest legal and ethical standards in the online dating industry.

 

By using TerriTie, users acknowledge and consent to our commitment to these legal standards, designed to ensure a secure, respectful, and enjoyable experience for all.

 

8. Eligibility and Account Registration

 

TerriTie is intended for personal, non-commercial use. Users must not use the platform for commercial, promotional, electoral, or recruitment purposes. Any violation of this policy may result in immediate suspension or termination of the account.

 

a) Age and legal Requirement: To register for TerriTie, users must be:

 

I. At least 18 years old. This age requirement is strictly enforced through ID verification to ensure compliance.

 

II. Legally permitted to use the App by the laws of your home country.

 

III. Single User Account: Each user is permitted to have only one account on our platform. Multiple accounts for a single user are not allowed.

 

IV. Prohibition of Account Sharing: Users are strictly prohibited from sharing their accounts with others. Each account must be used exclusively by the registered user.

 

b) Mandatory Account Information: During registration, users are required to provide their first and last name, birthday, gender, a brief description about themselves and their ideal romantic and platonic TerriTier (a term referring to fellow users of TerriTie), and a profile picture. Additionally, users are required to complete mobile, face, and ID verification. Mandatory sections also include interests and TerriTie Styles, based on the 11 Relationship PICCK A SPICE framework from the book "Unveiling 11 Relationship Styles, Secrets Nobody Told You."

 

c) Optional Account Information: Users may optionally provide details such as sexual orientation, height, weight, personality types, zodiac signs, languages spoken, educational background, relationship status, workout frequency, family plans, religious beliefs, pet preferences, dietary restrictions, and an audio or video profile.

 

d) Verification Process: Account verification involves ID, mobile, and face verification. Users may also opt to register using social media platforms like Google, Facebook, TikTok, and Instagram. This process is crucial for maintaining the integrity and safety of the TerriTie community. More about this in the privacy policy.

 

9. Account Responsibilities: Users are responsible for maintaining the confidentiality of their account passwords and are liable for all activities that occur under their account. Users must guarantee that all provided information is true and up-to-date. You are solely responsible for your interactions with other users of TerriTie. Please be aware that TerriTie does not perform criminal background checks on its users, nor does it investigate their backgrounds or verify their statements. TerriTie does not make any guarantees or representations regarding the behavior of its users or their compatibility with others on the platform. TerriTie reserves the right to conduct criminal background checks or other screenings, such as searches in sex offender registries, as needed, and to utilize publicly available records for various purposes.

 

a) User Conduct and Community Standards

 

TerriTie is dedicated to fostering a respectful, safe, and enjoyable community. We expect all users to behave responsibly and respectfully and to adhere to general, local and international guidelines. Harassment, abuse, or any misconduct is strictly prohibited. Users are encouraged to report any inappropriate behavior for prompt resolution. Posting offensive, harmful, or explicit content, including hate speech, nudity, and explicit imagery, is not allowed. Such content will be removed, and necessary actions will be taken against offending accounts. Users are prohibited from faking their location, creating multiple accounts, using discriminatory or offensive language, and posting vulgar content. TerriTie is for personal use only; commercial, promotional, electoral, or recruitment activities are strictly prohibited. We empower our users to help maintain community standards by reporting any violations. Our commitment is to ensure prompt and appropriate action to uphold these standards.

 

b) Safety Guidelines for In-Person Meetings and Emergency Features:

 

TerriTie provides features to enhance user safety during in-person meetings, including the ability to share your location, save emergency contacts, and access an SOS button. This button, when activated, shares your location with saved emergency contacts, seeking their assistance. However, users should note that these features are provided as complimentary services. TerriTie is not liable for any malfunctions or technical issues that may occur with these features. Users are solely responsible for their personal safety. When arranging in-person meetings, we strongly advise meeting in public places, informing a trusted person about your plans, and exercising caution. Remember, your safety is paramount, and while TerriTie facilitates connections, we cannot be held responsible for events occurring outside our platform.

 

c) Acceptance of Terms: By creating an account, users agree to these terms and conditions, as well as the privacy policy. Users ticking the single tick box during the registration process indicates their acceptance of the terms and conditions, the privacy policy and the cookies policy.

 

d) Prohibition of Unauthorized Use: Users must not grant licenses, sub-license, sell, resell, transfer, assign, distribute, or commercially exploit TerriTie's services or application to any third party.

 

e) Notification and Updates: Users are responsible for regularly checking their inbox and notifications for updates related to TerriTie's services. Users must ensure that no third party can access their login information.

 

e) Data Privacy Emphasis: Protecting our users' data is paramount. TerriTie adheres to the highest standards of data privacy, complying with international regulations like GDPR and local laws like New Zealand's Privacy Act. We are committed to transparently handling, protecting, and using your data responsibly.

 

10. Limited Permission to Use Provided you adhere to these Terms, TerriTie grants you a restricted, non-exclusive, non-transferable, and non-sub-licensable license. This license allows you to download, install, and use the TerriTie app on a mobile device exclusively for your personal, non-commercial purposes. Except as explicitly allowed in these Terms or by applicable law, you may not: (a) copy, adjust, or generate derivative works from the Apps; (b) share, transfer, sublicense, lease, borrow, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the Apps; or (d) make the Apps' functions available to multiple users through any method. TerriTie retains all rights to the Apps not explicitly granted to you in these Terms.

 

11. TYPES OF CONTENT There are three types of content that you will be able to access on the TerriTie platform:

 

a) Content that you upload and provide ("Your Content").

 

b) Content that members provide ("Member Content").

 

c) Content that the TerriTie provides, including databases and/or software ("Our Content").

 

1) Restrictions on Your Content We aim to allow our users to express themselves freely and share a variety of content on TerriTie. However, we must impose certain restrictions on specific types of content, which include but are not limited to:

 

I. Content containing language or imagery that could be considered offensive, harassing, upsetting, embarrassing, alarming, or annoying to any other person. This includes language that could be discriminatory based on factors such as race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance.

 

II. Obscene, pornographic, violent, or otherwise content that may offend human dignity. This encompasses language that could be considered discriminatory towards an individual's race, color, ethnicity, national origin, religion, disability, sexual orientation,

 

gender expression, gender identity, or physical appearance.

 

III. Content that is abusive, insulting, threatening, discriminatory, or promotes racism, sexism, hatred, or bigotry. This also includes language that could be considered discriminatory based on factors such as race, color, ethnicity, national origin, religion,

 

disability, sexual orientation, gender expression, gender identity, or physical appearance.

 

IV. Encouragement of illegal activities, including terrorism, incitement of racial hatred, or content that constitutes a criminal offense on its own.

 

V. Defamatory or libelous content.

 

VI. Content related to commercial activities, including sales, competitions, advertising, or links to other websites.

 

VII. Transmission of "junk" mail or "spam."

 

VIII. Content containing spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to disrupt or damage software, hardware, networks, servers, or other equipment.

 

IX. Content that infringes upon the rights of third parties, including intellectual property rights and privacy rights.

 

X. Sharing another person's content without their consent.

 

XI. Impersonation of any other person or false representation of your identity.

 

TerriTie maintains a strict zero-tolerance policy for such content. By uploading Your Content to TerriTie, you affirm and guarantee that you possess all necessary rights and permissions to do so. You also grant us an unrestricted, non-exclusive, royalty-free, everlasting, global license to utilize Your Content in any manner. This includes but is not limited to editing, copying, altering, adapting, translating, reformatting, creating derivative works, incorporating into other materials, promoting, distributing, and making it accessible to the general public, whether wholly or partially, in any existing or future format or medium.

 

We reserve the right to assign and/or sub-license this license to our affiliates and successors without requiring further consent from you.

 

Please note that we are not obligated to retain Your Content, so it is advisable to keep your own copies if your content is of importance to you.

 

Please refrain from displaying personal contact or banking information on your individual profile page, and exercise caution when sharing personal details with other users online. Your safety and privacy are important to us. If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

 

2) Member Content Users on TerriTie share content through the platform. Member Content belongs to the user who posted it and is hosted on our servers. It is displayed within the app at the user's request.

 

You do not have any rights concerning other users' Member Content. You can only use their personal information in ways that align with TerriTie's purpose of facilitating connections. Using other users' information for commercial purposes, spamming, harassment, stalking, or making unlawful threats is prohibited. Misuse of other users' information may result in the termination of your account.

 

Member Content is governed by the terms and conditions outlined in Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. If you have a complaint about Member Content, please refer to the Digital Millennium Copyright Act for guidance.

 

3) Our Content and Intellectual Property Rights

 

"TerriTie Limited, including its mobile applications, website, and the book 'Unveiling 11 Relationship Styles, Secrets Nobody Told You,' values and respects intellectual property rights and expects the same from its users. The content, designs, trademarks, and other intellectual properties related to TerriTie are the exclusive property of TerriTie Limited and Ahmad Aljazeeri.

 

I. Trademark Protection: The TerriTie name, logos, and slogans are proprietary brands associated with our services and products. While these marks are not yet registered trademarks, they are nonetheless significant assets of TerriTie Limited. Users and third parties are prohibited from using TerriTie's marks, or any confusingly similar variations, without our express written consent.

 

II. Copyright Protection: The source code, content, and design elements of the TerriTie app and website, as well as the content of the book 'Unveiling 11 Relationship Styles, Secrets Nobody Told You,' are protected under copyright law. This includes, but is not limited to, the app's user interface, design features, and the original text and graphics contained in the book. Unauthorized reproduction, distribution, or use of this material is strictly prohibited.

 

III. Design Elements: The unique graphical layout, icons, and user interface of the TerriTie app are original creative works. While not yet protected by design patents, these elements are integral to the identity and branding of TerriTie and are protected under copyright law.

 

IV. Prohibition of Imitation: Engaging in unauthorized usage of the Services (including employing altered or unofficial third-party software) and selling or trading accounts are prohibited. You acknowledge that TerriTie may employ lawful methods to identify and respond to actions like cheating, fraudulent activities, and other violations of these Terms. This may include inspecting your device for the presence of exploits, hacking, and unauthorized software. Copying, imitating, or creating derivative works based on TerriTie's app, website, or book content is strictly prohibited. This includes the unauthorized development of applications, websites, or publications that closely mimic the features, appearance, or content of TerriTie's offerings.

 

V. Use of Intellectual Property: Any use of TerriTie's intellectual property, including quotes, excerpts, or graphical elements, for promotional or other purposes, must include proper attribution and comply with our guidelines. Such use should not damage or dilute the brand value associated with TerriTie.

 

VI. Monitoring and Enforcement: TerriTie Limited actively monitors for infringement of its intellectual property and will take appropriate action, including legal proceedings, to protect its rights.

 

VII. Our Content and Intellectual Property Rights

 

VIII. "TerriTie respects and upholds intellectual property rights. The content, including the PICCK A SPICE 11 relationship styles and materials from the book ‘Unveiling 11 Relationship Styles, Secrets Nobody Told You,’ are the exclusive intellectual property of

 

TerriTie Limited and Ahmad Aljazeeri.

 

IX. Copyright Disclaimer: No part of this book may be reproduced or distributed without permission, except for brief quotations in critical reviews and non-commercial uses permitted by copyright law. This applies globally, and international copyright laws are enforced.

 

X. Commercial Use Permission: We encourage promotion of the TerriTie app and the book through the use of excerpts, quotes, or promotional materials, provided in the book (this doesn’t include the app content, except for screenshots available in our website or links generated from within our app for the purpose of Refer & Earn). they include proper attribution and uphold our brand values. This permission is provisional and subject to renewal or revocation.

 

XI. Fictional and Historical References: The book contains anecdotal stories and historical examples used illustratively. Any similarity to real persons is coincidental and not intentional.

 

XII. Health Disclaimer: The book's content is not a substitute for professional medical or therapeutic advice.

 

XIII. Fair Use: The publication adheres to the Fair Use Doctrine, particularly for educational and research purposes.

 

XIV. International Distribution Compliance: Users must adhere to applicable international copyright laws.

 

For inquiries or permissions related to the use of TerriTie's intellectual property, please contact [email protected].

 

12. In-App Currency (TieCoins) and Virtual Goods

 

In the TerriTie app, users have the opportunity to purchase virtual currency, known as "TieCoins," specific to our platform. Along with TieCoins, users can acquire various virtual items or services (collectively referred to as “Virtual Goods”) designed for use within TerriTie. Both TieCoins and Virtual Goods fall under the category of Content.

 

a) Nature and Use of TieCoins: TieCoins are the in-app currency of TerriTie, designed to facilitate user engagement and access to special features within the TerriTie app and website. TieCoins are not a cryptocurrency but a virtual currency exclusive to the TerriTie platform. They can be used for various in-app activities, such as securing dates or accessing special features.

 

b) Acquisition of TieCoins: Users can acquire TieCoins by purchasing them directly within the app or website along with stickers and themes, or by participating in our rewards system. This includes activities such as referrals, interactions with other members, and through promotional campaigns.

 

c) Rewards and Promotional Offers: TerriTie may offer TieCoins as rewards or as part of promotional activities. We reserve the right to modify, suspend, or discontinue any such rewards or promotions at any time without notice. TerriTie also reserves the right to adjust the criteria for earning TieCoins through these systems.

 

d) Validity and Termination: TieCoins purchased or earned remain valid in a user's account until used. However, if a user decides to terminate their account, any remaining TieCoins will be forfeited 30 days after the request for account termination. In cases of violation of TerriTie's community guidelines, we reserve the right to terminate the user's account and forfeit any TieCoins without obligation for compensation.

 

e) Usage Restrictions: TieCoins can be used exclusively within the TerriTie App for confirming dates and accessing specific in-app features. They cannot be used to purchase merchandise within the app. The value of TieCoins is limited to the TerriTie platform and they have no cash value or external market value.

 

f) Pricing and Refunds: TerriTie reserves the right to change the price of TieCoins and the TieCoins required for specific features at any time. Users will be notified of any such changes via email and it will also be reflected within the app. In certain instances, TerriTie may offer refunds for TieCoins, but reserves the right to refuse refunds, especially if the initial purchase included promotional items such as stickers or themes.

 

g) Sponsored TieCoins: Occasionally, TieCoins may be distributed through sponsored partnerships within the app. The amount and distribution of these sponsored TieCoins are determined by the sponsoring party.

 

h) Legal Compliance: TerriTie complies with applicable laws and regulations regarding virtual currencies. However, policies regarding refunds and the management of virtual currencies may vary by region. Users are encouraged to review these terms and contact us for clarifications specific to their jurisdiction.

 

i) Use and Ownership:

 

I. TieCoins and Virtual Goods are available for your personal, non-commercial use within the TerriTie Services.

 

II. You acknowledge that you have no ownership rights over TieCoins or Virtual Goods.

 

III. TieCoins and Virtual Goods hold no monetary value and are not considered real currency or property. They do not reflect any stored value.

 

IV. TieCoins can be redeemed solely for confirming dates within the app and for limited Virtual Goods within TerriTie and cannot be sold, transferred, or exchanged for real money, goods, or services from us or third parties.

 

j) Acquisition and Restrictions:

 

I. TieCoins and Virtual Goods should be acquired only from TerriTie or through means we provide. Acquiring them from unauthorized third parties is strictly prohibited.

 

II. Once you have TieCoins or Virtual Goods, they cannot be transferred to another individual or account. Any attempt to do so violates these Terms and may lead to cancellation of the TieCoins or Virtual Goods or termination of your account.

 

k) Sales and Refunds:

 

• All sales of TieCoins and Virtual Goods to you are final. We do not offer refunds or exchanges for any unused TieCoins or Virtual Goods once the transaction is completed.

 

l) Rights of TerriTie:

 

• We reserve the right to modify, eliminate, or terminate TieCoins, Virtual Goods, Content, or the Services, or any portion thereof, at any time, without prior notice or liability.

 

• In the event of discontinuation of TieCoins or Virtual Goods, we will provide reasonable advance notice through the Services or other communication channels.

 

By purchasing or using TieCoins and Virtual Goods, you agree to these terms. We aim to provide an engaging and enjoyable virtual economy within TerriTie but remind you of the virtual nature of TieCoins and Virtual Goods within our service.

 

13. In-App Purchases TerriTie may provide products and services for purchase within the app or on the website. If you decide to make such a purchase, you acknowledge and accept that additional terms, presented to you, by us or by third parties, during the purchase process, may apply, and these additional terms are considered part of this agreement.

 

You can make an In-App Purchase through the following payment methods: (a) Purchasing through third-party platforms like the Apple App Store and Google Play Store ("Third Party Store"), or (b) Paying with your credit card, debit card, or PayPal account, with payment processing handled by a third-party processor, or making direct payments through our website.

 

By making an In-App Purchase, you grant us permission to charge your selected Payment Method. If we do not receive payment from your chosen Payment Method, you agree to promptly settle any outstanding amounts upon our request.

 

14. Purchases and Refunds

 

"TerriTie is committed to providing a clear and fair purchasing and refund policy, respecting international standards while recognizing the unique aspects of our digital and physical products and services.

 

a) Digital Products (TieCoins, Features Unlocking):

 

• Cancellations 24 Hours Before the Date: If a date is canceled at least 24 hours before the scheduled time, users will receive a full refund of TieCoins used to confirm the date.

 

• Cancellations or Refund Requests Within 24 Hours of the Date: For cancellations or refund requests made within 24 hours before the scheduled date, including after unlocking unlimited texts and calls, TerriTie reserves the right to evaluate the situation. This may involve GPS tracking to ascertain whether the users met at the scheduled location or reviewing messages to check for system bypass attempts. TerriTie retains the discretion to refuse TieCoins refunds post-confirmation for any reason deemed necessary.

 

b) Physical Merchandise:

 

• Refund requests for physical merchandise must be made within 14 days of purchase. Items must be returned in their original, unused condition. Return shipping costs are the responsibility of the customer. Refunds will be processed within 14 days of receiving the returned merchandise.

 

c) Affiliated Merchandise and Affiliate Links:

 

Our site includes affiliate links to companies we trust and recommend, such as Amazon, iBooks, Kobo, and other merchandise or book sellers. When you click on one of our affiliate links, a cookie will be placed on your device. If you make a purchase on the linked website, TerriTie will receive a small commission. Rest assured that using these links won't cost you any extra. We have carefully chosen these affiliate links based on our positive experiences with these service providers. Products purchased through affiliated links are subject to the refund policies of the respective affiliate partners. TerriTie does not manage refunds for these items.

 

d) International Considerations: Our policies are designed to comply with general international e-commerce standards. However, users are advised that refund and return policies may be subject to specific local regulations. TerriTie endeavors to accommodate such differences but recommends users review their local laws for any additional rights or restrictions.

 

e) Policy Changes: TerriTie reserves the right to modify this policy to better align with international standards or address specific regional requirements. Users will be notified of significant changes through our website or app.

 

f) Tax Responsibilities The payments mentioned in this agreement do not cover any potential Sales Tax obligations related to the Services offered within these Terms. If TerriTie determines that it is legally required to collect Sales Tax from you in connection with these Terms, such Sales Tax will be collected in addition to the payments specified in this agreement. If any services, or the payments for them, as per these Terms are subject to Sales Tax in any jurisdiction, and you have not submitted the required Sales Tax to TerriTie, you will be responsible for settling the owed Sales Tax, along with any associated penalties or interest, to the relevant tax authority. In this context, "Sales Tax" refers to any sales or use tax, or any other tax based on sales revenue, which serves a similar function to a sales tax, in cases where the taxing jurisdiction does not typically impose a sales or use tax.

 

For questions or to initiate a refund request, please contact our customer support at [email protected]

 

15. PUSH NOTIFICATIONS AND LOCATION-BASED SERVICES

 

At TerriTie, we aim to enhance your experience with timely and relevant notifications about our services, including updates, special offers, events, and other promotional materials. Upon installing the TerriTie app, you'll have the choice to enable or disable push notifications. Accepting means you'll receive automatic notifications directly to your device. Should you decide later that you no longer want to receive these notifications, you can easily opt-out by adjusting the notification settings on your mobile device. For other types of communications like emails or text messages, you can stop them by following the instructions provided in those messages or by reaching out to us directly at [email protected].

 

Given TerriTie's map-based nature, our app utilizes your location to provide you with content, services, and materials tailored to where you are. Accessing these location-specific offerings requires enabling GPS and possibly other location services on your mobile device. Without GPS or if you choose not to permit TerriTie to access your location data, the full range of app functionalities may not be available to you. Our commitment to respecting and protecting your information is detailed further in our Privacy Policy.

 

16. Disclaimers and Limitation of Liability

 

TerriTie services, including our app, website, and related content, are provided on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We do not guarantee that TerriTie will always be safe, secure, or error-free, or that TerriTie will always function without disruptions, delays, or imperfections. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

 

To the maximum extent permitted by applicable law, TerriTie shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) the conduct or content of other users or third parties on, through, or following use of the services; or (c) unauthorized access, use, or alteration of your content, even if TerriTie has been advised of the possibility of such damages.

 

In jurisdictions that do not allow the exclusion or limitation of certain damages, TerriTie's liability shall be limited to the extent permitted by law.

 

By using TerriTie, you agree to release TerriTie and its successors from any claims, demands, losses, damages, rights, and actions of any nature, including but not limited to personal injuries, death, and property damage, that may arise either directly or indirectly from your interactions with or the behavior of other TerriTie users. This release covers all forms of claims, known and unknown, that you may have against us.

 

If you reside in California, you specifically waive the provisions of California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor."

 

However, this release does not cover any claims for any losses or damages arising from any unconscionable business practices or fraud, deception, false promises, misrepresentation, or the concealment, suppression, or omission of significant facts by TerriTie in relation to the App.

 

Unauthorized scraping or replication of any portion of TerriTie is strictly prohibited unless you have obtained our prior consent. This prohibition extends to all methods, whether automated or otherwise, except for those explicitly permitted through a separate agreement with us or using our currently available and published interfaces.

 

17. Account Termination, Suspension, Pausing or Deletion

 

TerriTie reserves the right to suspend or terminate user accounts for violations of our terms and conditions. This section outlines the conditions and consequences related to account suspension, termination, and voluntary deactivation (TerriPause).

 

a) TerriPause (Account Pausing):

 

• Users can opt to pause their accounts using the 'TerriPause' feature in the app settings. While on TerriPause, the account becomes invisible to other users.

 

• During TerriPause, users retain all their experience points (XP), data, and TieCoins. This feature is ideal for users who wish to take a break from the app without losing their account progress.

 

b) Account Suspension:

 

• Accounts may be suspended for violations of our terms and conditions. The severity and nature of the violation will determine the duration of the suspension.

 

• During suspension, we will assess whether there will be a loss of TieCoins or XP points. This decision will be based on the violation's severity and the time required to resolve the issue.

 

• Users will be notified of the reason for suspension and the conditions for reinstatement, if applicable.

 

c) Account Termination:

 

• In cases of severe violations or repeated offenses, we may terminate a user’s account.

 

• Termination results in the permanent loss of all TieCoins, XP points, and virtual badges associated with the account.

 

• Users will not be able to recover any data or accrued benefits once their account is terminated.

 

d) Voluntary Account Deletion:

 

• Users have the option to delete their accounts. Upon choosing to delete, users will be informed that this action results in the permanent loss of their data, XP points, all received badges, and any TieCoins, digital stickers, and themes.

 

• We advise users to consider using TerriPause instead of deleting their account if they anticipate returning to TerriTie in the future.

 

• Account deletion is irreversible once completed.

 

Account Deletion Process:

 

When you request to delete your TerriTie account, the deletion process will initiate, but your account will not be permanently deleted until after a 30-day grace period. This delay serves several important purposes:

 

• Data Backup: Allows for recovery of your account data in case you change your mind within the 30-day period.

 

• Retention of TieCoins and App Progress: Ensures that you do not lose your accumulated TieCoins and progress within the app if you decide to return.

 

• Legal Compliance: Meets our legal obligations for data retention and allows time for processing any outstanding legal issues.

 

During this period, your account will not be accessible to other users, but your data will be retained securely. After 30 days, your account and its associated data will be permanently deleted from our systems, except where we are required by law to retain certain information.

 

e) Notification and Communication:

 

• TerriTie will communicate any actions taken on a user’s account, including suspension or termination, through the user’s registered email or direct notifications in the app.

 

• Users are encouraged to keep their contact information updated to ensure they receive all necessary communications regarding their account status.

 

f) Non-Disclosure of Reasons for Account Termination TerriTie reserves the right to terminate accounts at its sole discretion. In the interest of maintaining user privacy and operational security, TerriTie is not obligated to disclose the reasons for account termination to the user or any third party. We retain the authority, at our exclusive discretion, to terminate or suspend any Account, limit access to the App, or employ any available operational, technological, legal, or other methods to uphold the Terms. This may include actions such as blocking specific IP addresses. These actions can be taken at any time, without the obligation to provide prior notice, and without incurring any liability.This policy is in line with our commitment to user confidentiality and our legal obligations. Please note that our policies on account suspension, termination, and deletion are designed to maintain a safe and respectful community for all users. Users are encouraged to review our Terms and Conditions regularly to stay informed of their rights and responsibilities."

 

18. Indemnification

 

By engaging with TerriTie, you acknowledge that all activities conducted and content shared by you through the app are your sole responsibility. Consequently, you agree to indemnify and hold harmless TerriTie, along with our partners, licensors, affiliates, contractors, officers, directors, employees, agents, and representatives from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) that may arise from:

 

a) Your negligent or wrongful actions, omissions, or misconduct.

 

b) Your use of TerriTie.

 

c) Content you upload or submit to TerriTie.

 

d) Any violation of the Terms of Service by you.

 

e) Any infringement of laws or rights of third parties by you.

 

TerriTie reserves the sole right to handle, settle, and pay any claims or actions against us without your prior approval. Should we request, you are expected to provide reasonable cooperation in defending against any such claims.

 

This indemnity clause does not obligate you to indemnify TerriTie against any claims resulting from our own fraudulent or unlawful business practices or any significant misrepresentations made by us.

 

19. Unsolicited Idea Submission Policy

 

At TerriTie, we appreciate your interest in our platform, but please note we do not accept or consider unsolicited ideas or suggestions. This includes, but is not limited to, proposals for new products, technologies, services, marketing strategies, promotions, artwork, or any other creative materials.

 

The reason for this policy is to prevent potential misunderstandings or disputes when TerriTie's products, services, or marketing strategies might seem similar to ideas submitted to us. If you do send us your ideas or materials, despite our request not to, they will be subject to the following terms:

 

a) Your submissions and their content will automatically become the property of TerriTie, without any compensation to you.

 

b) We may use, share, or redistribute your submissions for any purpose, without any obligation to you.

 

c) We are not obligated to review, use, or act on any submission.

 

d) Your submission will not establish any confidential or proprietary relationship between you and TerriTie. Any information you provide may be used freely.

 

We do welcome general feedback about our services. If you wish to share it, please direct your comments to [email protected]. However, ensure that your feedback does not include ideas or suggestions prohibited under this policy.

 

20. Copyright Infringement Claims Procedure

 

If you believe that content on TerriTie infringes upon your copyright, you are encouraged to send a DMCA Takedown Notice to our designated Copyright Agent. This notice should include:

 

a) The authorized representative’s signature for the copyright owner.

 

b) A detailed list or identification of the copyrighted work claimed to be infringed.

 

c) Identification of the allegedly infringing content, with enough detail for TerriTie to locate it on the app.

 

d) Your contact information, including address, phone number, and email address.

 

e) A statement of good faith belief that the disputed use is not authorized by the copyright owner or law.

 

f) A statement under penalty of perjury that the information in the notice is accurate, and that you are authorized to act on behalf of the copyright owner.

 

Notices should be directed to TerriTie's designated Copyright Agent. For direct contact, you can use the provided email address [email protected] or reach out via mail or phone through the contact details available on our website.

 

21. Limited Warranties and Assurances

 

TerriTie does not guarantee the completeness, accuracy, or timeliness of the information provided on our website or in our products, including the book detailing 11 relationship styles. The website and its content are offered on an "as is" basis, and we reserve the right to suspend or modify our services without notice.

 

To the fullest extent permitted by law, we exclude all representations, warranties, and conditions related to our website and its use, except as explicitly stated in our Terms of Use. When using TerriTie's website or products, you acknowledge that you are solely responsible for your decisions and actions.

 

The content on TerriTie and in our products is not intended to serve as medical, psychological, business, or any professional advice but is for informational purposes only.

 

Our website may contain links to third-party websites. We do not endorse or assume responsibility for the content on these external sites. Your use of third-party websites is at your own risk, and TerriTie is not involved in any agreements or contracts you may enter into through these links.

 

22. Dispute Resolution and Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.

 

• Dispute Resolution: In the event of a dispute arising under or in connection with these Terms or the use of our services, users are encouraged to contact TerriTie first to seek a resolution. If the dispute cannot be resolved internally, both parties agree to submit to the exclusive jurisdiction of the courts located in New Zealand to resolve any legal matter arising from the Terms.

 

• International Users: For users residing outside New Zealand, any dispute arising out of or in relation to the use of TerriTie or these Terms shall be subject to the jurisdiction of the courts of New Zealand, unless otherwise required by the laws of the user’s country of residence.

 

• Arbitration: At TerriTie's sole discretion, it may require users to submit any disputes arising from the use of these Terms or our services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to

 

final and binding arbitration under the Rules of Arbitration of the New Zealand Arbitration Association.

 

23. Arbitration Agreement:

 

a) Scope of the Arbitration Agreement

 

This Agreement applies to any disputes, claims, or controversies between you, the user ("User", "you"), and TerriTie ("Company", "we", "us"), regardless of the legal theory they are based on. This includes disputes arising out of or relating to your use of the TerriTie application ("App"), this Agreement itself, any interaction or transaction with us, your rights as a consumer, and any representation made by us in connection with the App or its services.

 

The Agreement encompasses, but is not limited to:

 

i. Claims that arose before this Agreement or any prior agreement between you and the Company.

 

ii. Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.

 

iii. Claims that may arise after the termination of this Agreement.

 

b) Purpose:

 

The purpose of this Agreement is to provide a streamlined method for resolving disputes that may arise between you and the Company through binding arbitration, as opposed to court litigation. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.

 

By accepting this Agreement, you acknowledge and agree that you are waiving the right to a trial by jury or to participate in a class action, class arbitration, or other representative action or proceeding. Instead, all disputes will be resolved by arbitration on an individual basis, according to the terms of this Agreement.

 

c) Exclusions from Arbitration:

 

Certain types of disputes are excluded from this Agreement, including:

 

I. Any claim seeking to enforce or protect, or concerning the validity of, any of your or the Company's intellectual property rights.

 

II. Any claim related to, or arising from, allegations of theft, piracy, or unauthorized use.

 

III. Any claim that, as expressly permitted by applicable law, may be submitted to a small claims court in the jurisdiction in which you reside.

 

This step clearly defines the scope and purpose of the arbitration agreement, ensuring users understand what types of disputes are covered and the mutual agreement to resolve such disputes through arbitration rather than court litigation. It sets a foundation for a fair and efficient dispute resolution process outside the traditional court system, emphasizing the exclusivity of arbitration for resolving disputes arising from the use of the TerriTie app and services.

 

d) Arbitration Process and Rules

 

i. Initiating Arbitration:

 

To initiate arbitration, you or the Company must first send a written notice of the dispute to the other party, detailing the nature of the dispute, the relief sought, and the proposed solution. If the dispute cannot be resolved informally through negotiation within 60 days from the date the notice of dispute is sent, either party may commence arbitration proceedings.

 

ii. Arbitration Provider and Rules:

 

The arbitration will be administered by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ) in accordance with its then-current Arbitration Rules, except as modified herein. The arbitration will be conducted in English and shall take place in Auckland, New Zealand, unless both parties agree to a different location or to a telephonic or videoconference arbitration.

 

iii. Appointment of Arbitrator:

 

A single neutral arbitrator will be selected in accordance with AMINZ rules. The arbitrator shall be legally trained and experienced in the field of software and application services, with no affiliations to either party.

 

iv. Arbitration Proceedings:

 

• Discovery: The amount of discovery allowed will be determined by the arbitrator and will be limited to information directly relevant to the dispute.

 

• Hearing: If requested by either party, a hearing will be conducted. Parties have the option for a hearing to be conducted in person in Auckland, New Zealand, via teleconference, or by written submissions only.

 

• Award: The arbitrator will issue a written decision, stating the essential findings and conclusions upon which the award is based. The arbitrator has the authority to award the same damages and relief that a court could award, including injunctive or declaratory relief and reasonable attorneys' fees and expenses.

 

v. Costs of Arbitration:

 

The payment of filing, administration, and arbitrator fees will be governed by AMINZ's rules. Each party will be responsible for its own attorneys' fees and expenses unless otherwise awarded by the arbitrator under applicable law.

 

vi. Confidentiality:

 

The arbitration proceedings and any ruling or award shall be kept confidential by both parties, except as required in connection with the enforcement of such award or as otherwise required by applicable laws.

 

vii. Finality of Arbitration Award:

 

The arbitrator's award shall be final and binding on both parties. The award may be confirmed and enforced in any court of competent jurisdiction.

 

This section outlines the procedural aspects of arbitration, including how to initiate proceedings, the rules governing the arbitration process, and the roles and responsibilities of the involved parties. It's designed to ensure that the arbitration process is fair, efficient, and transparent, providing both parties with a clear understanding of how disputes will be resolved.

 

viii. Exclusions and Opt-Out Options

 

Exclusions from Arbitration:

 

This Arbitration Agreement does not apply to:

 

• Disputes seeking to enforce or protect, or concerning the validity of, any of the party’s intellectual property rights.

 

• Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.

 

• Any claims that can be brought in a small claims court, if those claims qualify under the jurisdictional limits of the small claims court.

 

Opt-Out of Arbitration Agreement:

 

You have the right to opt-out of the Arbitration Agreement, which means you would not be bound by the requirement to arbitrate disputes. To do so, you must notify TerriTie in writing within 30 days of the date on which you first agree to these Terms and Conditions. Your notice must include your full name, address, the email address registered with your TerriTie account, and a clear statement that you want to opt out of the arbitration agreement. Opt-out requests must be sent to the designated address or email provided for legal notices.

 

ix. Governing Law and Jurisdiction

 

Governing Law:

 

Notwithstanding the foregoing, the Federal Arbitration Act of New Zealand will govern the interpretation and enforcement of the Arbitration Agreement section of these Terms. This Agreement and any arbitration are governed by the laws of New Zealand and the Arbitration Act 1996, without regard to its conflict of laws principles. The laws of New Zealand, without giving effect to its conflict of laws principles, govern all matters arising out of or relating to this Agreement, including its validity, interpretation, construction, performance, and enforcement. This includes any claims or disputes that might arise between TerriTie and the users, except where the Arbitration Agreement is prohibited by law.

 

Jurisdiction for Legal Disputes Not Subject to Arbitration:

 

For members residing outside the EU or European Economic Area, or where our Arbitration Agreement is prohibited by law, disputes may be brought in the competent courts of Auckland, New Zealand. By using TerriTie, you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

For members within the EU or European Economic Area, you may have the right to bring a claim in your country of residence in accordance with applicable law.

 

x. Severability: If any part of this Arbitration Agreement is found to be unenforceable, the remaining parts will remain in effect. If an arbitration claim is brought improperly in a court, we both agree to dismiss that claim without prejudice to refile it in arbitration.

 

xi. Modification of Agreement: TerriTie reserves the right to modify this Arbitration Agreement. Any changes will be communicated through the app or via email, and using the service after changes means consenting to the updated agreement.

 

xii. Survival: This Arbitration Agreement will survive the termination of your relationship with TerriTie.

 

24. Terms Specific to Residents of the Republic of Korea

 

Purchases and Refunds for Users in the Republic of Korea: If you are a resident of the Republic of Korea, you are entitled to certain refund rights under the E-Commerce Act, which includes the right to a refund within seven (7) days of your purchase. However, please note that this refund right does not apply once you have exchanged Virtual Money (TieCoins) for Virtual Goods or confirming dates within TerriTie. We reserve the right to manage, modify, or eliminate any Virtual Money or Virtual Goods in compliance with applicable law, without any liability to you.

 

25. Terms Specific to Residents of the European Economic Area (EEA)

 

Purchases and Refunds for Users in the EEA: Residents of the EEA have certain rights to withdraw from online purchases. However, these rights end once you download Virtual Money (TieCoins) from us, as (a) the purchase involves the immediate download of such Content; and (b) you lose your right of withdrawal once the purchase is complete. For residents of the EEA, we will provide a VAT invoice when required by law, and you agree that these invoices may be in electronic format. We also retain the right to manage, modify, or remove any Virtual Money or Virtual Goods without any liability to you.

 

26. Terms Specific to Residents of Germany

 

27. Limitation of Liability for Users in Germany:

 

a) For intentional or gross negligence, as well as for damages resulting from injury to life, body, or health, TerriTie is liable according to statutory provisions.

 

b) In cases of slight negligence, TerriTie shall only be liable for breaches of essential contractual obligations (cardinal duties) and limited to foreseeable, contractually typical damages at the time of contract conclusion.

 

c) This limitation does not apply to damages resulting from injury to life, body or health, from the breach of a guarantee, or from fraudulently concealed defects.

 

d) The limitations of liability also apply to the personal liability of our employees, representatives, and vicarious agents.

 

e) Liability under the German Product Liability Act remains unaffected.

 

f) Any further liability is excluded.

 

28. Terms Specific to Residents of Republic of Indonesia

 

Termination or Suspension of Account In the event of any termination of these TerriTie Terms of Service (e.g., suspension or access termination), you agree to waive and set aside your respective rights and obligations under any applicable law. This applies to the extent that such law mandates any judicial declaration for the termination of these TerriTie Terms of Service.

 

29. Miscellaneous

 

Before you embark on your TerriTie journey, there are a few more essential points to cover.

 

At TerriTie, we provide our services and content for your enrichment and enjoyment, without making any claims about their impact on your emotional, health, or commercial well-being. The insights offered through our platform, including any information related to relationship styles, are not intended as a substitute for professional advice, whether medical, psychological, or otherwise. Should you have concerns about your health or mental well-being, we strongly encourage you to seek advice from a qualified healthcare professional. Specifically:

 

a) TerriTie's services are designed for entertainment and informational purposes only, not as tools for medical diagnosis or psychological evaluation. They are meant for your personal engagement and not to assess or screen others.

 

b) Our content does not constitute medical or psychiatric guidance.

 

c) The insights and information provided by TerriTie should not be seen as exhaustive or definitive evaluations of your personal well-being or personality traits. We simply don't possess enough information about you to make such guarantees. If our content prompts any health or psychological concerns, please consult with a professional advisor.

 

d) Decisions based on the content and insights from TerriTie are solely your responsibility, and we cannot be held accountable for the outcomes of such decisions.

 

e) TerriTie's offerings are intended for personal enjoyment and should not be utilized for business, educational, employment, or recruitment purposes.

 

f) Although TerriTie's content may be available in languages other than English, we cannot guarantee the precision of these translations, which may be performed by volunteers. Use of non-English materials is at your own risk.

 

g) Relationship Styles Test

 

h) Our website enables you to take a comprehensive relationship styles test (the “Relationship Styles Test”) based on the innovative PICCK A SPICE framework. Upon completion, the test automatically processes your responses to assign you one of several distinct relationship styles, each reflecting a unique set of preferences and tendencies within romantic and platonic interactions (the “Test Result”). Along with your primary relationship style, you'll receive an insightful analysis detailing the characteristics and dynamics typical of your style.

 

i) In addition to providing you with personalized insights, we may also utilize your test responses and results for research purposes, aiming to enhance our understanding of relationship dynamics and preferences across diverse populations. All use of your test data will be conducted in strict compliance with our Privacy Policy, ensuring your privacy and data protection at every step.

 

You must be at least 18 years old, or of legal age in your jurisdiction, to use TerriTie's website and services.

 

The authoritative version of our website and services is in English. Any inconsistencies or discrepancies in translation to other languages are not legally binding. For questions regarding the accuracy of non-English materials, refer to the English version of our website, which is the definitive version.

 

30. Entire Agreement: These Terms, subject to amendments from time to time, constitute the entire agreement between you, the user, and TerriTie ("Company"). They supersede all prior agreements, representations, and understandings between us, whether written or oral, except for the Privacy Policy. Nothing in this section will limit or exclude any liability for fraudulent misrepresentation.

 

31. Accuracy and Availability of Information: TerriTie has taken reasonable steps to ensure the accuracy, availability, and completeness of the information provided within the app and offers this information on an "as is" and "as available" basis. TerriTie makes no warranties or representations, express or implied, regarding the information's reliability. Your use of TerriTie and its content is at your sole risk. TerriTie shall not be liable for any losses arising from the transmission, use of data, or inaccuracies in any content posted by users.

 

32. Technical Precautions and Liability: You are responsible for implementing sufficient precautions and virus checks to satisfy your particular requirements for the safety and reliability of your device. TerriTie does not guarantee that the app will be uninterrupted or error-free, that defects will be corrected, or that the app or server that makes it available are free from viruses, bugs, spyware, Trojan horses, or other harmful components. TerriTie disclaims responsibility for any damage to your technological equipment or other property resulting from using TerriTie, including from any security breach or virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other malfunction.

 

33. Electronic Communications: The communications between you and TerriTie may occur via electronic means, whether you navigate through the app, send us emails, or we post notices in the app or communicate with you via email. For contractual purposes, you: (a) consent to receive communications from TerriTie in an electronic form; and (b) agree that all terms, agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications would satisfy if in writing. This condition does not affect your statutory rights, including but not limited to rights under the Electronic Transactions Act 2002 (New Zealand).

 

This Terms of Service may be translated into various languages using translation tools. In the event of any inconsistency or differing interpretation between the translated versions and the English original, the English text shall take precedence. Any discrepancies in the translated versions will be automatically adjusted to align with and maintain consistency with the English text.

 

34. Modifications to Terms and Conditions

 

TerriTie reserves the right to modify or update these Terms and Conditions at any time to reflect changes in our practices, services, or legal or regulatory requirements. When we make changes, we will take appropriate steps to inform our users. This may include posting a notice on our website, sending an email notification, or providing an in-app notification.

 

• Effective Date of Changes: Any changes to the Terms and Conditions will become effective immediately upon posting unless stated otherwise. We encourage users to review the Terms periodically to stay informed of any updates.

 

• Acceptance of Changes: Continued use of the TerriTie app or website after any modification to the Terms signifies your acceptance of these changes. If you do not agree to the updated Terms, you should discontinue your use of our services.

 

• Archiving Older Versions: Previous versions of our Terms and Conditions will be archived and available upon request. Users can compare these versions to understand how our terms have evolved over time."

 

35. Contact Information

 

"For any inquiries, support, or feedback related to the TerriTie app, our services, or these Terms and Conditions, users can reach out to us via the following contact:

 

• Email: [email protected]

 

We are committed to providing timely and helpful responses to all queries. For technical support, account-related questions, or to report a problem, please include as much detail as possible in your communication to facilitate a quick and accurate resolution.

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