Serai Network and Trade Terms of use

Welcome to Serai’s Network and Trade (Network and Trade). 

Network and Trade gives small medium enterprises the ability to connect, collaborate and do business with other companies. Company profiles are at the heart of the platform and through these profiles, we allow users to create and establish an identity on Network and Trade that others can trust. On Network and Trade, users can consume services, trade and transact with other businesses. Whether they are doing trade digitally or building and deepening their business relationships, the more activities they perform on Network and Trade, the stronger their identity becomes, giving them better access to various offerings. Network and Trade can be accessed via:

  • seraitrade.com
  • seraitrade.net
  • network.seraitrade.net, or
  • any other applications or software we provide.
When you use Network and Trade, you agree to our Network and Trade Terms of use (Network and Trade Terms). 

Please read our Network and Trade Terms carefully. We strive to create a safe and professional community for our users, and your compliance with our Network and Trade Terms supports this.
Last updated: 26 August 2021
We know that legal terms can sometimes be difficult to navigate. For your reference, here is a brief roadmap of our Network and Trade Terms.

About Serai and our Network and Trade Terms

You confirm that by using Network and Trade, you and your Company agree to our Network and Trade Terms. We may update the Network and Trade Terms from time to time. By continuing to use Network and Trade, you are agreeing to the revised Network and Trade Terms.

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You are responsible for what you share on Network and Trade

You control your Profile and are responsible for the maintenance of what content you share on Network and Trade.

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Operating your Account

You are also responsible for your Account’s security and doing your best to protect your own privacy. You should contact us if your Account is accessed without authorisation.

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You agree to use Network and Trade legally, truthfully, and responsibly

Please be responsible on Network and Trade. You must ensure that all content you share on Network and Trade is truthful and that you are using Network and Trade legally, including when making connections and messaging other businesses.

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Use of information on Network and Trade

You can use the information on Network and Trade to build your business network and access opportunities. You also grant Serai the right to use your Profile and information on Network and Trade to enable its services.

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Paid services and payment

Some services on Network and Trade are paid services. Failure to pay the applicable fees may result in termination of such services. All payments are non-refundable.

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Intellectual property and Network and Trade content

All Serai Intellectual Property belongs to us. You grant us a right to use your intellectual property and trademark for displaying on Network and Trade. We also need you to respect others’ intellectual property. To protect all users, we may remove any content that breaches these Network and Trade Terms.

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You understand and respect Serai Confidential Information

You may come across certain pieces of Serai Confidential Information as a user of Network and Trade. You must not disclose Serai Confidential Information to anyone or use it in a way not intended by Serai.

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We may share your information with others

We may share your information with selected third parties to enable you to access Network and Trade services or when required by law. Information will only be shared when it is necessary or if there is a legal basis to do so.

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You are responsible for your online security using Network and Trade

We have worked to ensure that Network and Trade is secure. You can help by using your own virus protection software.

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You are liable for your costs and losses from using Network and Trade

We will not be liable for any of your costs and losses from your use of Network and Trade.

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Your use of Network and Trade may be interrupted or suspended

Your use may occasionally be interrupted. We may also suspend your use if we suspect any misuse.

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Network and Trade is not available to Sanctioned Persons or in Sanctioned Territories

Network and Trade is not intended for Sanctioned Entities or users located in Sanctioned Territories.

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Either you or we can terminate these Network and Trade Terms and stop your use of Network and Trade

These Network and Trade Terms are valid until they are terminated. Both you and Serai may terminate at any time. Upon termination, you must stop using Network and Trade, and return or destroy any Serai Confidential Information.

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If any part of our Network and Trade Terms is invalid, we will change it to make the Network and Trade Terms valid

A change or addition to these Network and Trade Terms under this clause does not affect the validity of other parts of our Network and Trade Terms.

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These Network and Trade Terms are governed by Hong Kong law and arbitration

We use Hong Kong law to govern our relationship with you. Any disputes will be resolved by arbitration in Hong Kong.

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1. About Serai and our Network and Trade Terms

1.1 Serai Limited (us, we or Serai) operates and provides Network and Trade to you.

1.2 Serai’s business address is: Level 23, One Island East, 18 Westlands Road, Quarry Bay, Hong Kong. 

1.3 You become a Network and Trade user by creating a Network and Trade account (Account) or by associating yourself with a business profile on Network and Trade (Profile). Your Company means the business represented by the Profile or Account that you are associated with. A business may be:

  • a legal entity (such as a company)
  • a group of companies
  • a partnership, or
  • a sole proprietorship.

1.4 Our Privacy Policy forms a part of our Terms and is hereby incorporated by reference.

1.5 As a user, you confirm that you accept our Network and Trade Terms as an individual. If you are the first user associated with your Company, you also agree to our Network and Trade Terms on behalf of your Company and you will automatically become an Admin for your Company on Network and Trade.

To use Network and Trade, you need to agree to our Network and Trade Terms and revisions

1.6 If you do not agree to these Network and Trade Terms, please do not use Network and Trade. These Network and Trade Terms replace all other verbal or written terms and conditions that suggest different terms between you and Serai. By using Network and Trade, you do not become an employee, an agent, or a partner of Serai.

1.7 We may update and make adjustments to Network and Trade. We reserve the right to change our Network and Trade Terms at any time without notice. We may notify you about changes to our Network and Trade Terms. If you continue using Network and Trade after the changes apply, you are agreeing to the revised Network and Trade Terms. Please visit our website regularly to review our Network and Trade Terms.

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2. You are responsible for what you share on Network and Trade

2.1 You control your Profile and what you share on Network and Trade. Your Admins and Editors can edit the content shared on Network and Trade at any time. We may include your Profile content with other content in a report format for commercial use. 

2.2 You agree that your Profile and your activities on Network and Trade may be viewed by anyone accessing Network and Trade, including the public.

You confirm that you have rights to the content you post

2.3 By agreeing to these Terms, you guarantee to us that you have the rights to all the content you post on Network and Trade. This includes:

  • getting the owner’s consent before posting third party content or trademarks on your Profile
  • not infringing (or causing Serai to infringe) any third party intellectual property rights, and
  • not publishing or sharing any content on Network and Trade that is under any confidentiality, non-disclosure or secrecy obligations.

2.4 You agree to hold us harmless against any liability, claims or demands arising from the content you share on Network and Trade.

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3. Operating your Account

3.1 To use Network and Trade, each user sets up an Account . Please use your Account to send us instructions and requests. If you do not send your instructions or requests to us through Network and Trade, we do not have to act on them. This includes:

  • adding a connection
  • adding an Account for your Company
  • designating an Admin or Editor for your Company
  • editing content shared on Network and Trade, and
  • purchasing Network and Trade services.

3.2 There are three user types on Network and Trade: Admin, Editor and User. Each Company must have at least one Admin at all times. 

3.3 You are responsible for your Account’s security and information. This includes:

  • ensuring your user name and password are kept confidential at all times
  • setting up, maintaining and reviewing security of your Account
  • ensuring that your Account is only used and managed by authorised users in your Company, and
  • remembering to log-off after your session when using a public device or network.

3.4 You are responsible for ensuring that when an employee leaves your Company, they give up access to or deactivate their Account.

We respond to requests from your Account

3.5 We will receive requests or instructions from your Account. We can act on such requests and instructions without asking about their authenticity or verifying the user making the requests. You are responsible for all requests and instructions coming from your Account. This is true whether they are authorised, unauthorised, inaccurate, mistaken, or fraudulent. You agree to hold us harmless against any liability, claims or demands arising from such requests and instructions. 

Contact us if your Account is accessed without authorisation

3.6 We will never ask you for your password. Notify us if you become aware of, or suspect, any unauthorised access of your Account or Profile at security@seraitrade.com. This includes:

  • any unauthorised use of your user name and password
  • any unauthorised transactions on Network and Trade, and
  • any loss, theft, disclosure or compromise of content.
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4. You agree to use Network and Trade legally, truthfully and responsibly

4.1 You agree to comply with our Use Policy which is incorporated by reference.

4.2 You agree to hold us harmless against any liability, claims or demands arising from the content you post on Network and Trade.

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5. Use of Information on Network and Trade

Network and Trade content

5.1 Network and Trade content is provided as general information. It is not intended to be formal advice. Please get professional or specialist advice before taking or refraining from any action based on the Network and Trade content.

5.2 We strive to create an environment of accurate and useful information. However, we do not warrant or guarantee that Network and Trade content is accurate, complete or up to date.

5.3 Network and Trade is provided on an “as is” basis. You are responsible for checking that Network and Trade is suitable and fit for your purposes before using our services. 

5.4 Some Network and Trade content has been sourced from the public domain. 

5.5 By using Network and Trade, you grant Serai the right to use and create compilations and derivative works from content shared by you and your Company on Network and Trade or may be found in the public domain for commercial or other purposes. Such content includes your Company’s websites and social media.

5.6 We may use your Profile and information about your activities on Network and Trade to enable and enhance Network and Trade and its services. We may also use this information to recommend business services to you and to conduct commercial exploration of big data applications.

Network and Trade may contain third party content and solutions

5.7 Network and Trade may contain links to other websites or content or information provided by third party sources (Third Party Content). 

5.8 We are not responsible or liable for any Third Party Content even if it is shown on Network and Trade. We cannot guarantee that Third Party Content will be accurate, current or suitable for any purpose. 

5.9 Where you access products or services provided by a third party or Third Party Content via Network and Trade (Third Party Solutions), you may be subject to additional terms and conditions and privacy notices specific to the Third Party Solutions. 

5.10 You will look solely to the external provider of Third Party Solutions for any loss, claims or damages arising from, or related to, the provision of such solutions. You specifically release Serai from any and all claims arising from or relating to the access or provision of any such Third Party Solutions. You agree that we are not a party to the contract between you and any external provider of Third Party Solutions from whom you access any solutions.

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6. Paid services and payment

6.1 You agree to pay the applicable fees and taxes for your paid services. Failure to pay these fees may result in the termination of such services. Also, you agree that:

  • your access may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates)
  • if you subscribe for a Premium Account, your selected payment method will be charged automatically at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel your subscription before the renewal date, and
  • if you access a Third Party Solution, you will enter into a separate contract with Serai and/or the Third Party Solution provider.

6.2 Except as required by law, payments are non-refundable, including fees and other charges.

  • If you cancel your subscription for paid services, all of your paid services will expire at the end of your billing cycle.
  • Pay-per-action solutions delivered and charged are non-refundable.These solutions include, for example, the TrafficLight service, and any other charge per click solution and product where you're charged per action.

6.3 We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Serai’s Payment Processor 

6.4 Serai is not responsible for processing any payments. We use a third party payment processor (Payment Processor) to assist in processing your payment information when you make a purchase on Network and Trade. For further information on how your personal data may be processed by such Payment Processors, please refer to our Privacy Policy.

6.5 When you make a purchase on Network and Trade, the relevant Payment Processor’s terms of service and privacy policy shall govern and apply to information collected via your transaction. We encourage you to read the terms of service and privacy policy of the relevant Payment Processor prior to providing any information regarding payment.

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7. Intellectual property

Respect intellectual property rights when using Network and Trade

7.1 We respect the intellectual property rights of others. We want to offer a platform where no content violates those rights. We reserve the right to remove any content that is in violation of our Network and Trade Terms. Give us notice at hello@seraitrade.com if you believe that someone on Network and Trade is:

  • infringing your intellectual property or posting your proprietary content, or
  • conducting themselves in a way that is in breach of these Network and Trade Terms.

7.2 You agree that we own all rights, title and interest in Network and Trade and all intellectual property in or relating to Network and Trade (Serai Intellectual Property) which includes:

  • graphics and visual design
  • source codes
  • service names
  • copyrights and copyrighted content
  • database and datasets (including all compilation rights)
  • Serai Confidential Information (including know-how and trade secrets)
  • all other content and works about or generated in the course of operation of Network and Trade.

Your license to Serai

7.3 You grant to Serai a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process your Company name, brand, logo and registered or unregistered trademarks (Brand Assets) that you provide onto or via Network and Trade without any further consent, notice and/or compensation to you or to others. You can end this license for your Brand Assets by deleting such content from Network and Trade, or generally by closing all the Accounts associated with your Company, except:

  • to the extent you shared your Brand Assets with others on Network and Trade and they copied, re-shared it or stored it, and
  • for the reasonable time it takes to remove from backup and other systems.

7.4 Users may give feedback to us on the services and functions of Network and Trade. Once you give feedback to us, the feedback belongs to us exclusively. We will get any interest or intellectual property rights which may have been generated from your feedback. We may use your feedback and use it on Network and Trade without your permission and without compensating you. 

7.5 You may only use Serai Intellectual Property to access or use Network and Trade or its services for its intended purposes. You cannot use it for any other personal or commercial use.

7.6 Nothing in these Network and Trade Terms grants any licence or right to use Serai Intellectual Property unless you have our express permission. 

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8. You understand and respect Serai Confidential Information

8.1 Serai Confidential Information includes all content (other than your Brand Assets) available on or in connection with Network and Trade, including:

  • functions
  • business network and connections
  • user activities
  • digital customer journeys 
  • source code and object code, and
  • user experience and interface designs.

8.2 Information that would be Serai Confidential Information will not be considered confidential under these Network and Trade Terms if:

  • it is available to the public through no fault or breach of yours
  • it is made available to the public by us
  • it is independently developed by you without the use of any Serai Confidential Information, or
  • it was rightfully obtained from a third party who had the right to transfer or share it with you.

8.3 All Serai Confidential Information remains our property. You have no licenses or other rights around the Serai Confidential Information that are not specified in these Network and Trade Terms.

8.4 You agree that you will not share any Serai Confidential Information in any format with anyone except with our written consent. 

8.5 You agree that certain Serai Confidential Information is provided to you. We share this information to help you access and use Network and Trade. If you give Serai Confidential Information to anyone without our permission, you may damage Network and Trade and Serai. You may cause irreparable harm to our reputation, finances and development progress. It may be difficult to state a dollar sum figure for the harm and injury caused by such actions. We have the right to use any legal actions we have to protect Serai and our rights and also go to court to seek an injunction:

  • stopping you from disclosing any Serai Confidential Information, and
  • demanding that you comply with our Network and Trade Terms.
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9. We may share your information with others

9.1 We collect, store, process and use your personal data according to our Privacy Policy. We will only disclose information to third parties where it is necessary, such as to process your transactions or if there is a legal need to do so. 

9.2 You must provide certain information when you register for an Account and use Network and Trade.

9.3 Where you provide personal data about another person, you must direct that person to our Privacy Policy. You must tell them how we may use their personal data, and get their permission to share their details with us. 

9.4 Use of messaging on Network and Trade is subject to our Use Policy. Serai can view your messages for moderation and data analytics.

9.5 We may transfer or disclose information about you and your Company to:

  • employees of Serai
  • any member of our group, including our ultimate holding company and its subsidiaries and affiliates
  • other users of Network and Trade, or
  • any third parties providing services to us in the operation of our business, including:
    i) agents, contractors, and service providers
    ii) administrative support and services, and 
    iii) telecommunications, computer, payment, processing or investigation services
  • any Third Party Solution providers
  • any persons under a duty of confidentiality to us who need the information for their duties (including auditors and advisors)
  • persons with whom we are legally required to share information in or outside of Hong Kong, including:
    i) the government
    ii) regulatory authorities
    iii) law enforcement bodies
  • fulfil a request from a regulatory authority or law enforcement body.

9.6 All of the information transfers described in 9.5 above may occur anywhere in the world.

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10. You are responsible for your online security using Network and Trade

10.1 Although we have worked hard to ensure that Network and Trade is secure, we do not guarantee that Network and Trade will be secure or free from bugs or viruses. Your use of Network and Trade is entirely at your own risk. You should use your own virus protection software.

10.2 Transmitting information by Internet or mobile networks is not completely secure. The security measures above do not remove the possibility of fraud or cyber-attacks, such as hacking, spyware and viruses. We do not guarantee that our servers or network will be immune from such attacks. Although we will use security measures to protect your content, we cannot guarantee the security of information transmitted to and from Network and Trade via the Internet or mobile network. We are not liable for any loss or damage arising from risks relating to any transmission.

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11. You are liable for your costs and losses from using Network and Trade

11.1 Any risks, costs and damages associated with installing or using Network and Trade will be wholly assumed by you. We are not liable for any loss resulting from any action taken or reliance made by you based on any Network and Trade content. 

11.2 To the fullest extent allowed by law, we will not be liable for any direct or indirect damages (such as losing out on an opportunity or a chance to make a profit or losing out on a contract) and any losses resulting from your use of Network and Trade or any Network and Trade Confidential Information we have provided to you whether arising from these Network and Trade Terms or by our negligence, regardless of whether we knew that you would have incurred any loss from our actions.
 
11.3 In any event, our total liability (unless involving personal injury) towards you is capped at the higher of (a) HK$1,000 and (b) total amount of fees paid to Serai in relation to Network and Trade in the 6 months preceding the claim.

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12. Network and Trade service may be interrupted or suspended

12.1 We do not guarantee that Network and Trade, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict all or any part of Network and Trade for operational reasons. For example, this may occur during maintenance, to implement service upgrades or when there is a suspected breach of security.

12.2 We may also suspend or revoke your right to use all or any part of Network and Trade if you breach these Network and Trade Terms or misuse Network and Trade. This also applies if you are suspected of misusing Network and Trade.

12.3 We will try to give you reasonable notice of any suspension. We are not liable to you for any disruptions caused by any suspension if we were unable to provide you with reasonable notice.

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13. Network and Trade is not available to Sanctioned Persons or in Sanctioned Territories

13.1 By using Network and Trade and agreeing to our Network and Trade Terms, you confirm that your Company is not a Sanctioned Person (see below). You also confirm that nobody involved in your Company is a Sanctioned Person. This includes you, your shareholders, directors, and individuals or organisations who own or benefit from your Company. Network and Trade and Third Party Solutions are not available to Sanctioned Persons.

13.2 You can access Network and Trade from anywhere in the world, except in Sanctioned Territories (see below). 

13.3 Users in or ordinarily resident in a Sanctioned Territory cannot access Network and Trade. This includes using IP proxies, VPNs, or other methods to disguise their location for accessing Network and Trade. Additionally, you cannot use Network and Trade for or on behalf of any Sanctioned Person.

Definition of Sanctioned Persons and Sanctioned Territories

13.4 Sanctioned Person: any person or organisation designated as a Sanctioned Person on the following lists.

This also applies to persons or organisations that are:

  • part of a government of a Sanctioned Territory
  • owned or controlled, directly or indirectly, by, or acting on behalf of, any persons on any of the lists above
  • incorporated within, located within, or operating from a Sanctioned Territory and subject to any Economic Sanctions Law
  • targeted under any Economic Sanctions Law.

13.5 Economic Sanctions Law: Any laws, regulations, or other orders that apply to you or us that relate to:

  • economic or trade sanctions
  • export control
  • non-proliferation
  • anti-terrorism or similar restrictions.

These include Economic Sanctions Laws of:

  • the European Union
  • any EU member state
  • the United Nations
  • the United States of America
  • the People’s Republic of China
  • Hong Kong SAR
  • any other jurisdiction applicable to you or us.

13.6 Sanctioned Territory: any country or other territory subject to a general embargo under Economic Sanctions law. This includes exports, imports, and financial or investment embargoes.

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14. Either you or we can terminate these Network and Trade Terms and stop your use of Network and Trade

14.1 Our Network and Trade Terms are valid and effective until terminated in accordance with this clause 14. 

14.2 We may terminate the operation of Network and Trade, your right to use Network and Trade or we may deactivate or remove your profile at any time for any reason, without providing you with notice and without being liable to you.

14.3 You may also terminate these Network and Trade Terms at any time for any reason.

14.4 If either you or we terminate these Network and Trade Terms:

  • you must stop all use of Network and Trade, and
  • you must return or destroy all Serai Confidential Information that you have or control. The one exception is documentation and information you need to keep for corporate governance, audit and internal records.

14.5 After these Network and Trade Terms are terminated, these clauses will continue to apply to you, your Company and Serai:

  • 8 ( Serai Confidential Information)
  • 9 ( Data Protection)
  • 11 (Limitation of Liability)
  • 14 (Termination)
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15. If any part of our Network and Trade Terms is invalid, we will change it to make the Network and Trade Terms valid

15.1 If any part of our Network and Trade Terms may be or become invalid, illegal, or unenforceable (invalid), you agree that our Network and Trade Terms are automatically changed by the necessary minimum to make them valid. 

15.2 If this minimal change is not possible, the invalid parts will be considered deleted. A change or addition to these Network and Trade Terms under this clause does not affect the validity of other parts of our Network and Trade Terms.

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16. These Network and Trade Terms are governed by Hong Kong law and arbitration

16.1 You agree that these Network and Trade Terms will be governed by Hong Kong law.

Disputes around the Network and Trade Terms will be resolved by arbitration in Hong Kong

16.2 Any dispute, controversy, difference or claim arising out of or relating to these Network and Trade Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it will be referred to and finally resolved by arbitration pursuant to the HKIAC Domestic Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause will be Hong Kong law. The seat of arbitration will be Hong Kong. The number of arbitrators will be one. The arbitration proceedings will be conducted in English. 

16.3 Nothing in our Network and Trade Terms prevents us from seeking urgent injunctive or similar relief from any court of competent jurisdiction if we need to enforce our rights under these Network and Trade Terms. You irrevocably agree that the courts of Hong Kong have non-exclusive jurisdiction to settle any such dispute or claim.

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