Introduction

In order to make this online marketplace work, all Texstyled users must respect the intellectual property rights of others, including copyright and trademark. “Intellectual Property Rights” means copyrights, database rights, trademarks, trade names, domain names, rights in logos, content, graphics, drawings, inventions, trade secrets and knowhow, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of an nature similar to any of the above in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of same. Users should only publish content that has been created by themselves or by their design firm, which they have strict permission to use and authorize others to use. It is up to ‘the seller’ Seller’ to make sure they are not breaking any laws by publishing their work through Texstyled. If you are a customer, please respect the copyrights and trademarks of all of the content that is viewable on Texstyled. If you suspect any other user of disrespecting these issues, please email us at complaint@Texstyled.com.

Texstyled will receive a non-exclusive royalty free licence to use and archive the content in accordance with or as reasonably contemplated by this agreement, this licence will also be sub-licensable and worldwide. It is up to the Seller to make sure that they have all rights necessary to grant the applicable licence. Designers will keep the copyright with regard to any submitted content on the Texstyled website. This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Terms & Conditions

Our Website By the Texstyled team

General Information

Texstyled.com is a website operated by Texstyled Marketplace Limited. We are incorporated in Ireland under company number 588139 with a registered office at 4 Lower Dundrum Road, Dundrum, Dublin 14, Ireland. Texstyled.com is also referred to as "the Site". Texstyled Limited is also referred to as ‘Texstyled’. By accessing or using this Site you agree to the terms & conditions as set out below. If you do not wish to be bound by or to agree to the terms & conditions as set out below, you may not use or access the Site. Texstyled reserves all rights to alter or amend the terms and conditions as set out below at its discretion. Such changes shall be effective immediately upon posting of the altered or amended content. Each time you use the Site, it is your total responsibility to be aware of our current terms and conditions, your continued use or access to the Site shall be deemed to be acceptance of the altered or amended terms and conditions. All users are subject to the terms and conditions as set out herein and the terms set out in our Privacy Policy. ‘Seller’ means an individual person, an entity or a company that has products or services advertised on Texstyled. ‘Merchant’ is otherwise known as Texstyled.com. A ‘Buyer’ is a person who is seeking to purchase products from a Seller who advertises on Texstyled.

The Site

The Site is an online advertising medium / marketplace where potential Buyers use the website to purchase products in the fashion, interior and textile industries. Texstyled will reject advertisements not relevant to these areas of interest and reserves the right to cancel such product advertisement listings, without notice and without refunds.

Advertisements

All product listings advertised must be related to products in the fashion, lifestyle and textile industries and fall within the Texstyled.com search criteria.

Fees

Publication of an advertisement on the Site is subject to a fee to us. The fee is set out in the course of offering to place an advertisement with us. Any fees paid to Texstyled to place an advertisement on the Site do not grant you exclusive rights to any web page on the Site. All advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of Texstyled.

Copyright and related rights

When submitting information to the Site, you assign all copyright of that information to Texstyled. If you submit information to the Site that is not yours, it is your responsibility to gain permission from the original owner of that information. You represent and warrant to us that you own the material posted by you or otherwise have a licence or the right to assign the copyright and that the material contained in the advertisement does not infringe the rights of any other person. Your Texstyled advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Any phone numbers you provide for advertisement must be yours, or you must have permission to use them.

Accuracy

When posting an advertisement you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes. You are personally responsible for the content appearing in any of your advertisements. All advertisements must comply with the Code of Advertising Standards as defined by The Advertising Standards Authority for Ireland.

Texstyled reserves the right to verify the availability of items offered for sale and to verify the information contained in any advertisement. You agree that Texstyled may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as Texstyled reasonably requires. Failure to comply may result in your service being suspended or cancelled. Except within the allocated area, under no circumstances are Sellers to overtly advertise their own shop numbers within their advertisements on Texstyled. This information will appear however, it will be ‘masked’ until potential Buyers click for full information. Failure to comply may result in your service being suspended or cancelled.

Seller advertisements must be “classified in nature”. Blanket advertisements such as “25% off all clothing” are considered to be generic advertising and are not allowed within the classified section of Texstyled. Failure to comply may result in your service being suspended or cancelled. All advertisements placed by Sellers must be in stock and or available for purchase. Failure to comply may result in your service being suspended or cancelled. We reserve the right to remove any image or content that we judge inappropriate.

Consumer Information

Currency All transactions are processed in USD. Shipping and Delivery Policy For prints and digital files, downloads will be available immediately; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund. For all products, standard delivery time is dependant on your agreement with the manufacturer/provider; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

Exchange & Returns Policy

Please choose carefully before you buy. Sellers selling on Texstyled are bound by the Consumer Protection Act 2007, Sale of Goods Act 1980 and the Distance Selling Regulations. All Sellers are asked to display their own refunds and exchange policies and failing this the Distance Selling Regulations will apply. Under these Regulations you may within 14 days seek to end the contract. For faulty products or products that are the wrong size, 14 DAY REPLACEMENT WARRANTY, is offered by the Retailer from the date you receive your product. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded.

We do not offer a satisfaction guarantee on products, however we will always endeavour to keep customers happy and satisfied. If the product cannot be replaced, you will be offered the option of choosing another product of the same value, or be provided with a refund for the total value of the faulty product. If your product is faulty, it will be replaced with an identical product. Please note: The item must be returned by you to the Seller from which it was purchased, and proof of this purchase must also be presented. Where the return relates to a faulty item, the replacement product will be sent out to you by the Seller, at no charge, within a timeframe that is deemed reasonable by both parties from the date the faulty product is received. When returning your product, please make sure you provide the following details: • Your full name • Your order number • Reason why you are returning the product • Your instructions informing us how you would like the issue resolved • Contact phone number • Please include the original order confirmation or invoice you received with your product.

Security

When purchasing, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre info@Texstyled.com

Sellers’ Obligations

All advertisers on the Site must comply with the Irish laws and regulations that apply to fair trading. Advertisers or Sellers on this Site must not post / submit illegal content to this Site and must not use inappropriate or derogatory terms to describe their product/s on this Site. Any advertiser or Seller who submits such content may be reported to the proper authorities. Texstyled reserves the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by Texstyled to contain illegal content and/or inappropriate or derogatory terms. Advertisers and Sellers shall not use this Site to promote any other Site or products outside the services provided on this Site. Sellers must be legally able to sell advertised products.

Sellers must not use any Texstyled facilities available on the Site for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in Ireland, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority. Sellers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from Texstyled. You hereby instruct Texstyled to facilitate payment and electronic file transfer of your product(s) via the website and Texstyled will facilitate such payment and transfer in accordance with reasonable business practices unless otherwise instructed. Individual designers and design studios must use their own un-purchased original work when creating designs. Exclusive designs should not be shared or resold if used. Purchasing products

Texstyled.com provides electronic web-based platforms for exchanging information between Buyers and Sellers of products and services providing transaction platforms for Members to place, accept, conclude, manage and fulfil orders for the provision of products and services online within the Site. Texstyled.com does not represent either the Seller or the Buyer in specific transactions. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, taxes and licences.

As part of our print designs we offer Non Exclusive and Exclusive licences for textile prints. 1. Non Exclusive Design (Both Basic and Premium products): Licence is for worldwide perpetual use, multiple downloads and may be modified. Unlimited production under this licence.
 2. Exclusive Design: Licence is purchased once and cannot be resold if used in any way. Ready in high resolution AI, PSD, TIFF or PDF file and can be modified for worldwide and perpetual use. Exclusive designs are protected on this site for copyright purposes. For this reason, you must be an accepted member in order to view exclusive designs.


Designs (“Designs” include advertisements in digital file form such as textile print designs, garment designs, pattern making designs and any other design where the purchased good in question is made up of a digital file) may not be sub-licenced or resold, shared between multiple users or duplicated in any way. Texstyled will provide purchased print content in a downloadable high resolution AI, PSD, TIFF or PDF format. The Design is sold “As is” and neither Texstyled nor the designer shall be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential or exemplary loss or damage arising out of or relating to the Designs. These licences grant the Buyer the right to use, copy and modify the Design in any format including digital and hard copy and produce garments with the reproduction of the designs adhering to the specifications set out in this agreement. The Buyer may not exploit either directly or indirectly the designs Copyright or transfer the licence.

If the Buyer has purchased a Design on an exclusive basis in accordance with these terms then the Design Studio agrees to remove the design from Texstyled.com and not sell it to any other individual or company. The retail price charged to customers who purchase product is made up of the design fee charged by the designer or design firm and Texstyled’s commission for hosting the marketplace and facilitating the transaction, and any relevant sales tax (e.g VAT, GST etc). The retail price will not change on an individual sale after a customer has submitted an order to the website. All orders are subject to availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Seller Payment Terms and Conditions

Payments will be charged monthly to customer accounts based on the original purchase date. For example, if you originally paid on the 10th of February your account will be charged on the 10th of March and so on. If the original payment date does not fall in the following month customer accounts will be charged on the next available date. Once the minimum term has passed Texstyled will continue to charge the customer’s account until Texstyled is notified in writing, giving one month’s notice, to cancel the service. A subscription fee will be available beyond 2017 however, this is at the discretion of Texstyled. By agreeing to the terms and conditions, you have authorised Texstyled to arrange for funds that may from time-to-time become due to Texstyled under your account. These funds will be debited from your nominated account in amounts and at intervals as advised by Texstyled to your financial institution.

Texstyled will give you at least 14 days’ notice in writing of any changes to the terms and conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes to the terms. Unless agreed with you otherwise, your account details will be kept confidential except that information may be provided to your financial institution to initiate the drawing or charging to your nominated account or in connection with a claim of alleged incorrect or wrongful withdrawal/charging.

You authorize Texstyled to collect, hold and distribute the retail price (“sale proceeds”) from customers. It is your responsibility to ensure Texstyled has current details of your postal address and bank account details. Texstyled will not be liable for any loss suffered by you, and will hold funds for only 12 months, if you provide us with incorrect details causing us to be unable to process your payment.

Texstyled lists all fees to businesses excluding VAT. All merchant sales on Texstyled are subject to a minimum commission + merchant fees. Each party is responsible for their own taxes associated with each transaction. This includes taxes imposed by governments related to sales under this Services Agreement. This may include sales tax, VAT, GST and any other transactional taxes. Tax-related reporting responsibilities to relevant tax authorities are entirely the responsibility of the ‘Seller’.

By establishing merchant services on Texstyled you give us permission to automatically debit and credit funds from your settlement account for all monies due. All merchant charge backs are the responsibility of the merchant retailer. Texstyled will however be responsible for the charge backs that relate to commissions earned. All merchants are responsible for product fulfilment, returns, customer service, dispute resolution, etc. By selling online on Texstyled you give us permission to accept 100% payment of the goods or service.

Texstyled will pay Sellers (less Texstyled commission) for all completed and dispatched items at the end of the month in question. Payments will be via electronic transfer to the desired bank accounts. The Seller must provide Texstyled with the appropriate Bank and Account number in order to be paid. Texstyled takes no responsibility for the sale of products to a Buyer. The Buyer ought to contact the Seller in respect of all matters this includes but is not limited to customer service, charge backs, fulfilment, warranties, returns and product defects etc. Cancellations Seller cancellations must be made to and accepted by Texstyled Ireland in writing via email to the below addresses: info@Texstyled.com A notice of one calendar month must be given before cancellation can be effective. If cancelling a subscription account - cancellation of minimum 6-month or 12-month subscriptions will incur a penalty of one month’s subscription. Service to your Texstyled account will still be maintained during this time period.

Copyright

All website design, text, content, graphics and programming codes and arrangement thereof featuring on the Site are and will always remain the intellectual property of Texstyled Limited unless otherwise indicated. All rights reserved. These do not include material which are the property of advertisers or users. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in anyway, in whole or in part, the Intellectual Property rights without the written permission of Texstyled.

Authenticity

Texstyled makes no warranties of the authenticity of its advertisers or users on the Site.

General Terms and Conditions

Restrictions on Right to Use You agree that you will not (and you agree not to allow any third party to): • copy, modify, translate, or reverse engineer any portion of the Site and/or the Texstyled.com service; • be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate; • identify or speculate as to the identity of any anonymous or pseudonymous user; • solicit passwords or personally identifying information for commercial or unlawful purposes; • post any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity; • post material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party; • remove any copyright, trade mark or other proprietary rights notices contained in or on the Site and/or the Texstyled.com service or in or on any Content or other material obtained via the Site and/or the Texstyled.com service; • use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Texstyled.com service; • access, retrieve or index any portion of the Site and/or the Texstyled.com service for purposes of constructing or populating any database; • collect any information about other users or users of the Site and/or the Texstyled.com service for any purpose other than to use the Site for the purposes of responding to advertisements or to use the Site in the manner intended by us; • reformat or frame any portion of the web pages that are part of the Site and/or the Texstyled.com service; • create user accounts by automated means or under false or fraudulent pretences or create multiple log-ins; • use the Site or Texstyled.com service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; • copy or store any content offered on the Site for other than your own use; • use any device, software or routine that interferes with the proper working of the Site and/or the Texstyled service; • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; • violate any applicable law; • collect or store personal data about other users in connection with the prohibited activities described in this paragraph; • distribute or promote surveys, spam, chain letter, or pyramid schemes; • impersonate any person or entity; or upload, post, e-mail, transmit or otherwise make available using the Site any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights, remove any copyright, trade mark or other proprietary rights notices contained in or on the Site and/or the Texstyled service or in or on any content or other material obtained via the Site and/or the Texstyled service.

Accounts and passwords

As part of the registration process for Sellers we will create an account for you and you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure. You may not select or use a username that: • Misrepresents your relationship with Texstyled or any other party; • Contains any profanity, is vulgar or offensive, or promotes an illegal activity; • Violates any trademark or other proprietary right; or • Misleadingly impersonates someone else.

We reserve the rights to change usernames at our discretion. We reserve the right to log off or deactivate accounts that are inactive for an extended period of time. You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You may change your password or profile by following instructions on the site or by contacting us directly. We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge. You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure. By providing your email address, you consent to our using that email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. This will include notifications about leaving feedback on completion of a deal as feedback left between people is an integral part of the site. We may also use your email address to send you other messages, such as changes to features of the service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Liability and Accuracy

Some information on the Site may be derived from external sources (including you). Texstyled does not endorse or warrant the accuracy or completeness of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Site does not imply a Texstyled endorsement of such information. If you are the subject of an interview and/or article and/or feature and/or video of any sort that appears on Texstyled, you accept that copy is prepared with editorial integrity and that Texstyled’s word is final in terms of the information included and omitted. You also accept the possibility that editorial errors can occur. In such a case, Texstyled will make every effort to amend errors as soon as they are brought to our attention, but we will not ultimately be held liable for any adverse consequence. Information contained in the ‘Blog’ section of the Site does not constitute recommendations or advice relating to the suitability of a riding/training/racing technique, product or service, to satisfy an individual’s particular circumstances. Texstyled strongly recommends you seek independent advice, medical or otherwise before acting upon material on the Site. We disclaim all liability or responsibility arising from reliance placed on any such material by any user or anyone who may be informed of any of its content. The content of Texstyled is for general information purposes only and is not to be taken as directives or instructions from Texstyled.

Copyright

If you supply images to Texstyled to accompany the the interview/article/feature/video, you effectively sign over publication rights and enable Texstyled to use this material for wider marketing initiatives, including Electronic Database Mail, advertising, etc. Texstyled assumes you have the rights to these images in the first place, and assumes no liability should this not be the case. Links to and content of third party sites Hyperlinks to other Sites contained within Texstyled are not maintained or controlled by Texstyled. These third party hyperlinks are provided as a reference solely for the convenience of the Site users. As a result Texstyled makes no warranties about third party Sites, nor does Texstyled accept responsibility, liability for or endorse content or use of these Sites. If you enter a third party Site from Texstyled, you do so at your own risk. Texstyled may withdraw or alter the material you send us if Texstyled deems it to be inappropriate, incorrect nor not in keeping with Texstyled’s style and tone of language.

Sellers

For transactions in relation to Sellers, Texstyled will in no way be involved. Buying or selling a product from a Seller via this Site is the total responsibility of the user, Buyer or Seller. We have no obligation to identify any user, your interactions with other users including payment and delivery of goods or services and any other conditions, warranties or representations associated with such dealings, are solely between you and the Seller. While we reserve the right to monitor and/or intervene in disputes between you and other users we have no obligation to do so. If Texstyled does not act in relation to a breach of any of these terms & conditions, this is not to be interpreted as a waiver of these terms & conditions and Texstyled’s rights to it. Texstyled will endeavour to display your advertisements in a similar fashion as submitted by you. However, Texstyled makes no guarantees regarding placement or content of advertisements displayed on the same page as your advertisement. Texstyled can place third party advertisements on any web page of the Site. Texstyled reserves absolute editorial control of advertisements and all content on the Site. Texstyled may terminate, limit or refuse to publish advertisements if Texstyled reasonably deems it necessary, not in the best interests of the Site or to be offensive or inappropriate for publication and Texstyled reserve the right to limit/cancel your access to the Texstyled Site if Texstyled deems it necessary. Texstyled and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.

Privacy

In order for you to register as a Seller Texstyled needs to collect some personal information. This information may be used for certain follow up services provided by Texstyled. Other than personal information which you send to us for inclusion on your advertisement, Texstyled does not disclose your information to third parties. An exception applies in relation to the use or disclosure of personal information if required by or under Irish law or a court/tribunal order, or if the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. Texstyled reserves the right to monitor email enquiries.

Disclaimer

All reasonable care will be taken whilst compiling Texstyled.com content, including advertising content. However, Texstyled does not warrant or represent that it is complete, current or free from typographical error, other errors or omissions. Information, software, products, and services may include inaccuracies. Texstyled endeavours to provide continual availability of our services and access to the Site. However access to the Site may not always be possible due to numerous factors including those which are out of our control. Texstyled does not warrant or represent that our services and access to the Site will be timely, continuous, fault free, uninterrupted, secure or virus-free. We may at our sole discretion and at any time, discontinue temporarily or permanently providing Texstyled.com or any part thereof, with or without cause. You agree that we shall not be liable to you or any third party for any inability to access Texstyled.com, termination or suspension of access to Texstyled.com or modification of the service provided. Textile design, textile, printed textile lengths and textile printing service prices on the Site are provided by Sellers. Texstyled takes no responsibility for the accuracy of price information for textile/textile design specifications. All prices and product specifications are obtained from featured Sellers and third parties. Texstyled takes every possible precaution to deliver only accurate information, but cannot be held responsible for information presented by Sellers and third parties. Texstyled accepts advertisements in good faith. All such information, software, products and services are provided "as is" without warranty of any kind. Texstyled do not warrant or represent that the services, software or products, advertised on the Texstyled Site will be suitable for any purpose, or that an advertiser has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a Buyer it is your responsibility to verify any information on Texstyled.com and to investigate for yourself the condition, quality and suitability of any goods or services advertised on the Site. Texstyled hereby disclaims all warranties and conditions with regard to any information, software, products, and services, including but not limiting to: • Warranties and conditions of merchantability; • Fitness for a particular purpose; and • Title and non-infringement. Under no circumstance will Texstyled or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive loss or damages arising out of or in any way connected with use of the Site or inability to use the Site or for any products, events, holidays, information, services and software obtained through the Site, or otherwise arising out of the use of the Site, even if Texstyled has been advised of the possibility of loss or damages. In accepting these terms you agree to indemnify Texstyled and our suppliers, contractors, employees and agents against all claims, costs, demands, damages and liabilities related to use or inability to use the Site.

Entire agreement

These Terms and Conditions make up the entire agreement between you and Texstyled Limited. and supersede any prior agreement. No partnerships/joint ventures Nothing in these terms and conditions shall be construed as forming a partnership or joint venture with you. No third party company will have the right or ability to create any obligation on our behalf. Governing law The agreement shall be governed by Irish Law and you consent to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of Texstyled.com.

Severability

If any provision of these terms and conditions is found to be unenforceable the remaining provisions will continue to be of full force and effect. No waiver Any amendment to or waiver of these terms and conditions must be in writing and signed by our authorised representatives. Failure to enforce any provision of these terms and conditions shall not amount to a waiver of such provision.

Complaints

Should you have any complaints regarding the Site or any of the items offered thereon please contacts us directly on info@texstyled.com. If as a Buyer you are a Consumer you may be entitled to use the EU online dispute resolution services to assist in any contractual dispute you may have with Texstyled. Details of this service can be found at www.ec.europa.eu/consumers/odr

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