PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY INDIAMUMS.COM,  (“INDIAMUMS.COM”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.INDIAMUMS.COM.(THE “SITE”) AND ALL SERVICES PROVIDED BY INDIAMUMS.COM ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. IndiaMums.com is a Venue

IndiaMums.com acts as a venue to allow users who comply with IndiaMums.com’s policies to offer, sell and buy certain goods within a fixed-price format. IndiaMums.com is not directly involved in the transaction between buyers and sellers. As a result, IndiaMums.com has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. IndiaMums.com does not pre-screen users or the content or information provided by users. IndiaMums.com cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, IndiaMums.com does not transfer legal ownership of items from the seller to the buyer.

IndiaMums.com cannot guarantee the true identity, age, and nationality of a user. IndiaMums.com encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that IndiaMums.com is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on IndiaMums.com. You use the IndiaMums.com service at your own risk.

2. Membership Eligibility

Age: IndiaMums.com’s services are available only to, and may only be used by, mothers of Indian origin who are 21 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 21 years old and that all registration information you submit is accurate and truthful. IndiaMums.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by IndiaMums.com’s policies as stated in the Agreement and the IndiaMums.com policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by IndiaMums.com, each of which is incorporated herein by reference and each of which may be updated by IndiaMums.com from time to time without notice to you:

• IndiaMums.com Guidelines
• Fees Policy
• Privacy Policy
• Copyright and Intellectual Property Policy
• Trademark Guidelines
• Direct Checkout Terms of Use ( coming soon )
• Gift Cards Terms of Use  ( coming soon )
• Billing Policy

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by IndiaMums.com from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify IndiaMums.com of any unauthorized use of your password or any breach of security. You also agree that IndiaMums.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than IndiaMums.com without IndiaMums.com’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on IndiaMums.com you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your IndiaMums.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: IndiaMums.com’s services are not available to temporarily or indefinitely suspended IndiaMums.com members. IndiaMums.com reserves the right, in IndiaMums.com’s sole discretion, to cancel unconfirmed or inactive accounts. IndiaMums.com reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

Joining and setting up a shop on IndiaMums.com is free. IndiaMums.com charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged.

IndiaMums.com’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for IndiaMums.com’s services are effective after IndiaMums.com provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, IndiaMums.com may choose to temporarily change the Fees Policy and the fees for IndiaMums.com’s services for promotional events (for example, free listing days); such changes are effective when IndiaMums.com posts the temporary promotional event on the Site. IndiaMums.com may, at IndiaMums.com’s sole discretion, change some or all of IndiaMums.com’s services at any time. In the event IndiaMums.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Indian Rupees (INR).

In certain situations, including but not limited to a void or invalid transaction, IndiaMums.com may issue a credit for the applicable fees to a seller’s billing statement.

You are responsible for paying all fees and applicable taxes associated with using IndiaMums.com. IndiaMums.com provides plans for both automatic and manual bill payment as outlined in IndiaMums.com’s Billing Policy. IndiaMums.com will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.

Fees and Termination: If IndiaMums.com terminates a listing or your account, if you close your account, or if the payment of your IndiaMums.com fees cannot be completed for any reason, you remain obligated to pay IndiaMums.com for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact IndiaMums.com.

4. Listing and Selling

Listing Description: All listings on IndiaMums.com must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with IndiaMums.com’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your IndiaMums.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their IndiaMums.com shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with IndiaMums.com’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. IndiaMums.com reserves the right to request that a seller modify a shop policy.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding IndiaMums.com transaction fees, misrepresent the item’s location, or use another user’s account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to IndiaMums.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on IndiaMums.com.

Restricted Activities: Your Content and your use of IndiaMums.com shall not:

1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, IndiaMums.com’s Copyright and Intellectual Property Policy)
4. Violate this Agreement, IndiaMums.com Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the  as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including IndiaMums.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Interfere with a seller’s business or shop
8. Take any action that may undermine online reviews or feedback
9. Be obscene or contain child pornography
10. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
11. Host images not part of a listing
12. Modify, adapt or hack IndiaMums.com or modify another website so as to falsely imply that it is associated with IndiaMums.com;
13. Appear to create liability for IndiaMums.com or cause IndiaMums.com to lose (in whole or in part) the services of IndiaMums.com’s ISPs or other suppliers
14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, IndiaMums.com Guidelines, or other policy documents as posted on IndiaMums.com.

Furthermore, you may not list any item on IndiaMums.com (or consummate any transaction that was initiated using IndiaMums.com’s service) that, by paying to IndiaMums.com the listing fee or the final value fee, could cause IndiaMums.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: IndiaMums.com does not claim ownership rights in your Content. You grant IndiaMums.com a license solely to enable IndiaMums.com to use any information or Content you supply IndiaMums.com with, so that IndiaMums.com is not violating any rights you might have in that Content. You grant IndiaMums.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow IndiaMums.com to store, translate, or re-format your Content on IndiaMums.com and display your Content on IndiaMums.com in any way IndiaMums.com chooses. IndiaMums.com will only use personal information in accordance with IndiaMums.com’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another IndiaMums.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for IndiaMums.com-related communications. IndiaMums.com has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any IndiaMums.com user to your email or physical mail list. For more information, see IndiaMums.com’s Privacy Policy.

Re-Posting Content: By posting Content on IndiaMums.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold IndiaMums.com harmless for any dispute concerning this use. If you choose to display your own IndiaMums.com-hosted image on another website, the image must provide a link back to its listing page on IndiaMums.com.

Idea Submissions: IndiaMums.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and IndiaMums.com shall not be liable for the disclosure or use of such Material. If, at IndiaMums.com’s request, any member sends Material to improve the site (for example through the Forums or to customer support), IndiaMums.com will also consider that Material to be non-confidential and non-proprietary and IndiaMums.com will not be liable for use or disclosure of the Material. Any communication by you to IndiaMums.com is subject to this Agreement. You hereby grant and agree to grant IndiaMums.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise,  without compensation or accounting to you and without further recourse by you.

7. Information Control

IndiaMums.com does not control the Content provided by users that is made available on IndiaMums.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using IndiaMums.com, you agree to accept such risks and that IndiaMums.com (and IndiaMums.com’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on IndiaMums.com. Please use caution, common sense, and practice safe buying and selling when using IndiaMums.com.

Other Resources: IndiaMums.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. IndiaMums.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that IndiaMums.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with IndiaMums.com’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. IndiaMums.com is not involved with user generated groups, the groups’ requirements, or the Meetings.

IndiaMums.com does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that IndiaMums.com does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

9. Resolution of Disputes and Release

Disputes with IndiaMums.com: In the event a dispute arises between you and IndiaMums.com, please contact IndiaMums.com. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Bangalore, India, using the English language in accordance with the Arbitration Rules and Procedures

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, IndiaMums.com encourages you to contact the user or third party to resolve the dispute amicably.

You release IndiaMums.com (and IndiaMums.com’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

10. IndiaMums.com’s Intellectual Property

INDIAMUMS.COM, and other IndiaMums.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of IndiaMums.com, Inc. in the U.S. and/or other countries. IndiaMums.com’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference

IndiaMums.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on IndiaMums.com is updated on a real-time basis and is proprietary or is licensed to IndiaMums.com by IndiaMums.com’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access IndiaMums.com for any purpose whatsoever, except to the extent expressly permitted by and in compliance with IndiaMums.com’s  prior express written permission. Additionally, you agree that you will not:

1. Take any action that imposes, or may impose, in IndiaMums.com’s sole discretion, an unreasonable or disproportionately large load on IndiaMums.com’s infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in IndiaMums.com
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass IndiaMums.com’s robot exclusion headers or other measures IndiaMums.com may use to prevent or restrict access to IndiaMums.com

12. Breach

Without limiting any other remedies, IndiaMums.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn IndiaMums.com’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

IndiaMums.com suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, IndiaMums.com Guidelines, or other policy documents and community guidelines incorporated herein; IndiaMums.com is unable to verify or authenticate any of your personal information or Content; or IndiaMums.com believes that a user is acting inconsistently with the letter or spirit of IndiaMums.com’s policies, has engaged in improper or fraudulent activity in connection with IndiaMums.com or the actions may cause legal liability or financial loss to IndiaMums.com’s users or to IndiaMums.com.

IndiaMums.com reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on IndiaMums.com.

13. Privacy

Except as provided in IndiaMums.com’s Privacy Policy IndiaMums.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. IndiaMums.com stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

INDIAMUMS.COM, INDIAMUMS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND INDIAMUMS.COM’S SUPPLIERS PROVIDE INDIAMUMS.COM’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. INDIAMUMS.COM, INDIAMUMS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND INDIAMUMS.COM’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM INDIAMUMS.COM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Liability Limit

IN NO EVENT SHALL INDIAMUMS.COM, AND (AS APPLICABLE) INDIAMUMS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR INDIAMUMS.COM’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INDIAMUMS.COM’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

INDIAMUMS.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF INDIAMUMS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO INDIAMUMS.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD INDIAMUMS.COM AND (AS APPLICABLE) INDIAMUMS.COM’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

IndiaMums.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside IndiaMums.com’s control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any IndiaMums.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on IndiaMums.com’s net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and IndiaMums.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. IndiaMums.com Service

IndiaMums.com reserves the right to modify or terminate the IndiaMums.com service for any reason, without notice, at any time. IndiaMums.com reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If IndiaMums.com makes a material change IndiaMums.com will notify you here, by email, by means of a notice on our home page, or other places IndiaMums.com deems appropriate. What constitutes a “material change” will be determined at IndiaMums.com’s sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of India, courts of Bangalore, India

23. Survival

This agreement shall survive any termination or expiration of this Agreement.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to IndiaMums.com; Attn: Legal Department; Sheba Presidency, 80 Feet Road , Koramanagala, Bangalore 560034 (in the case of IndiaMums.com) or, in your case, to the email address you provide to IndiaMums.com (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, IndiaMums.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to IndiaMums.com. In such case, notice shall be deemed given three days after the date of mailing.

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25. Disclosures

The services hereunder are offered by IndiaMums.com Inc., located at Sheba Presidency, 80 Feet Road , Koramanagala, Bangalore 560034