TERMS & CONDITIONS

Terms and Conditions

  1. Introduction 1
  2. Important Notice 2
  3. Registration and use of the website 2
  4. Conclusion of sales and availability of stock 3
  5. Payment 4
  6. Warranty 4

WHAT IS COVERED?  4

WHAT MUST YOU DO?  4

ALWAYS REMEMBER   5

WHAT IS NOT COVERED?  5

WHAT WE WILL DO IN TERMS OF THE WARRANTY   5

HOW TO USE YOUR WARRANTY   5

  1. Refunding and Returning of Products 6
  2. Errors 6
  3. Delivery of goods 6
  4. Changes to these Terms and Conditions 7
  5. Electronic communications 7
  6. Ownership and copyright 7
  7. Disclaimer 7
  8. Linking to third party websites 8
  9. Limitation of liability 8
  10. Availability and termination 9
  11. Governing law and jurisdiction 9
  12. Notices 9
  13. Complaints 10
  14. Information 10
  15. General 11

 

1.       Introduction

  • The BioElek website can be accessed at bioelek.co.za and related mobi-sites (the “Website”) and is owned and operated by BioRugged Africa (Proprietary) Limited (“BioRugged”, “we”, “us” and “our”).
  • These Website Terms and Conditions (“Terms and Conditions” also known as “T&C’s”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  • The Website enables you to shop online for products sold by BioRugged under its brand “BioElek” (“Goods”).

2.       Important Notice

  • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
    • may limit the risk or liability of BioRugged; and/or
    • may create risk or liability for the user; and/or
    • may compel the user to indemnify BioRugged; and/or
    • serves as an acknowledgement, by the user, of a fact.
  • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms and Conditions or continue using the Website.
  • Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or BioRugged in terms of the CPA.
  • BioRugged permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3.       Registration and use of the website

  • Only registered users may order Goods on the Website.
  • To register as a user, you must provide a unique username and password and provide certain information and personal details to BioRugged. You will need to use your unique username and password to access the Website to purchase Goods.
  • You agree and warrant that your username and password shall:
    • be used for personal use only; and
    • not be disclosed by you to any third party.
  • For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
  • You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you following these Terms and Conditions.
  • You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  • By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
  • You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised BioRugged representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  • You may not use the Website to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.
  • You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised BioRugged representative.

4.       Conclusion of sales and availability of stock

  • Registered users may place orders for Goods, which BioRugged may accept or reject. Whether or not BioRugged accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by BioRugged for the Goods.
  • NOTE: BioRugged will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and BioRugged come into effect (the “Sale”). This is regardless of any communication from BioRugged stating that your order or payment has been confirmed. BioRugged will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
  • Before delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only following the Returns Policy.
  • Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold BioRugged liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
  • You accept that the stock of Goods on offer is limited, and that pricing may change at any time without notice to you. BioRugged will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, BioRugged will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
  • Certain Goods may not be purchased for resale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

5.       Payment

  • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  • All purchases require a R 1000,00 (One Thousand Rand Only) refundable deposit. This means that R 1000,00 (One Thousand Rand Only) will immediately be deducted from your debit or credit card, or in the event of direct bank deposit or electronic funds transfer and instant EFT you will have to deposit R 1000,00 (One Thousand Rand Only) before the order is initiated. Once your order is ready, we will inform you at which stage the remained of the price will be deducted from your debit or credit card, or in the event of direct bank deposit or electronic funds transfer and instant EFT you will have to make the final payment before we will deliver your order.
  • Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -
    • debit card:where payment is made by debit card, we may require additional information to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying for the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
    • credit card: where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  • No cash payments on delivery will be allowed.
  • You may contact us via our ‘Contact / Help page’ to obtain a full record of your payment. We will also send you email communications about your order and payment.
  • Once you have selected your payment method , you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

6.       Warranty

WHAT IS COVERED?

  • BioRugged extends a warranty against any manufacturing defects to its products. The warranty is valid for 1 (one) year or 500 running hours from the date of sale. Continuous running hours per day may not exceed 6 (six) hours under the warranty terms. A call out fee may apply.
  • Batteries have a 6-month limited warranty.
  • The limited warranty for each generator will cover the parts and labour required to repair the generator. The travel to site and the time taken to get to site will be for the customer’s account.

WHAT MUST YOU DO?

  • In order for your warranty to remain valid the following generator care needs to be conformed with as the generator owner.
  • Your generator needs to be serviced as follows:
    • First service after 20 hours then every 100 hours or yearly.
    • First service change oil and oil filter.
    • Additional services change oil, oil filter, fuel filter and air filter.
    • Maintenance of the generator is imperative and is the responsibility of the owner to schedule.
  • Proof of purchase and maintenance is required to log a warranty claim. A warranty claim form must be submitted with pictures.

ALWAYS REMEMBER

  • Installation must be in a well-ventilated area with a roof over the top of the generator with a minimum of 1m clearance. Please refer to the installation guidelines for all information.
  • The generator should be started and run at least once a month in order to keep the engine well lubricated and battery charged.
  • The warranty covers the generator and switch. The canopy of the generator is powder-coated mild-steel, preventative measures must be taken if installed in a coastal area.

WHAT OD NOT COVERED?

  • Warranty does not cover rust due to the environment or physical damage to the canopy.
  • Warranty does not cover negligence or abuse of the generator. Consistent overloading of the generator places additional strain on the generator outside of normal operating conditions and can cause the generator to malfunction.
  • Should the generator or transfer switch be connected up incorrectly and this causes damage to the generator in any way, this will not be covered by warranty.
  • The following items or situations are not covered by the warranty:
    • Damages caused by improper handling/operation,
    • Damages resulting from device disassembly,
    • Damages caused by the installation of additional hardware components,
    • Damages caused by unauthorized modifications,
    • Flat batteries,
    • No Fuel or Airlocks from running out of fuel,
    • Electrical Breaker Down I Off,
    • Electrical Installation issues (Including ATS, Manual Switch or communications cable),
    • Emergency stop button pushed in,
    • Overloading of the generator,
    • Issues arising from incorrect installation,
    • Imbalanced phases (3-phase installations),
    • No proof of purchase,
    • No visible serial number, or
    • Damages caused by improper adherence to instructions.

WHAT WE WILL DO IN TERMS OF THE WARRANTY

  • We will send a technician to where the generator is used or stored at our cost, but if the technician  finds that the  fault  is  not covered by the warranty, a call out fee will be charged.
  • BioRugged guarantees spare parts availability for the Products for at least 12 (twelve) months, which includes the warranty period.

HOW TO USE YOUR WARRANTY

  • To take advantage of the warranty, you must provide proof of the Product purchase date. It is therefore recommended that you keep the purchase invoice as well as the delivery note or any other document that can attest to the sale date of the product.
  • As soon as you become aware of a defect or fault, but no later than 48 hours, you have to inform us of the defect or fault in writing by sending detailed communication to the following email address: support@bioelek.com or by registered letter to the address listed below.
  • The communication must contain a precise and timely description of the defects found together with suitable photographic material.
  • BioRugged will promptly handle your request, indicating the next steps to be taken.
  • BioRugged, through qualified technicians, will proceed to verify the reported defect and, only if it is confirmed, will replace the Product.
  • In case of replacement of the Product, the shipping costs for returning the defective Product shall be borne by the Purchaser, the costs for the shipment of the new Product shall be borne by BioRugged.
  • BioRugged does not assume any responsibility for the case of loss, theft or damage not attributable to it, of Products sent by the Purchaser, but which have never been received by BioRugged. These risks remain your risk until BioRugged receives the products returned.

 

7.       Refunding and Returning of Products

  • BioRugged allows its customers to return purchased product samples and apply for a refund within 7 days of its original reception date if the product does not meet the customer's needs.
  • Customers who are eligible for returns will be refunded the original purchase price for the product less bank charges.
  • Shipping charges and VAT (tax) for shipping services are not refunded.
  • The following conditions must be met for the product returning:
    • the product must function normally;
    • the product must have no external or internal damage;
    • the product must be in the original and not damaged packaging.
  • Users must arrange the shipping to the location designated by BioRugged and pay for it.

 

8.       Errors

  • We shall take all reasonable efforts to accurately reflect the description, images, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out under 6 and 7 above. 

9.       Delivery of goods

  • BioRugged uses a third-party delivery service to deliver the Goods to you.
  • Delivery charges are subject to change at any time, without prior notice to you, and will be for your account. You will see the applicable delivery charges in your cart when you check out.
  • Upon successful payment, we will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
  • BioRugged’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. BioRugged is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you.

10.   Changes to these Terms and Conditions

  • BioRugged may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

11.   Electronic communications

  • When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically following our privacy policy.
  • Please consult our Privacy Policy to learn how we use and protect your private and other information.

12.   Ownership and copyright

  • The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of BioRugged, its advertisers and/or sponsors and/or is licensed to BioRugged.
  • You will not acquire any right, title or interest in or to the Website or the Website Content.
  • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
  • Where any of the Website Content has been licensed to BioRugged or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

13.   Disclaimer

  • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
  • Whilst BioRugged takes reasonable measures to ensure that the content of the Website is accurate and complete, BioRugged makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by BioRugged or BioElek representatives, BioRugged shall not be bound thereby.
  • BioRugged disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  • Any views or statements made or expressed on the Website are not necessarily the views of BioRugged, its directors, employees and/or agents.
  • In addition to the disclaimers contained elsewhere in these Terms and Conditions, BioRugged also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of BioRugged, its employees, agents or authorised representatives. BioRugged thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

14.   Linking to third party websites

  • This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and BioRugged is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  • Even though the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained therein.

15.   Limitation of liability

  • BioRugged cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of BioRugged, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
  • BIORUGGED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  • YOU HEREBY INDEMNIFY BIORUGGED AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

16.   Availability and termination

  • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
  • BioRugged may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that BioRugged will not be liable to you if we choose to suspend, modify or terminate this Website other than for processing any orders made by you before such time, to the extent possible.
  • If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  • BioRugged is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by BioRugged to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process the payment on any order, and/or to cancel any order concluded between you and BioRugged, in whole or in part, on notice to you. BioRugged shall only be liable to refund monies already paid by you (see our Returns Policy in these Terms and Conditions) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  • At any time, you can choose to stop using the Website, with or without notice to BioRugged.

17.   Governing law and jurisdiction 

  • These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  • In the event of any dispute arising between you and BioRugged, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  • Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

18.   Notices

  • BioRugged hereby selects 108 11th St Parkmore, Sandton, 2196, South Africa, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). BioRugged may change this address from time to time by updating these Terms and Conditions.
  • You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving BioRugged not less than 7 days’ notice in writing.
  • Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -
    • by hand will be deemed to have been received on the date of delivery;
    • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
    • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

19.   Complaints 

  • We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website or you can contact us on 087 073 5820 or e-mail us at info@biorugged.com.
  • If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: 

Website: http://www.cgso.org.za/

Sharecall: 0860 000 272

Email: complaints@cgso.org.za

20.   Information

  • For the purposes of the ECT Act, BioRugged’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    • Full name: BioRugged Africa (Pty) Ltd, a private company registered in South Africa with registration number 2017/308715/07
    • Main business: Biometric Hardware Development and Sales
    • Secondary business: Generators under BioElek brand
    • Physical address for receipt of legal service (also postal and street address): 108 11th St Parkmore, Sandton, 2196, South Africa (marked for attention: BioElek General Manager and Legal)
    • BioElek Office bearers: Werner Cilliers and Dana Grobbelaar
    • Phone number: 087 073 5820
    • Email address: info@biorugged.com

21.   PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our website. General

  • BioRugged may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  • Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.
  • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  • No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  • No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  • These Terms and Conditions contain the whole agreement between you and BioRugged and no other warranty or undertaking is valid unless contained in this document between the parties.

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