Terms of Use

New Zealand Institute of Sales Terms of Use

Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions. 
 If you purchase products through our Website, there may be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

“You,” “User” or “Member” : refer to all individuals and/or entities accessing or using the Website for any reason.

“Your Content” or “User Content”: mean information that You submit, publish or display on any website provided by the New Zealand Institute of Sales.

Service: means information about the sales and marketing services provided by the New Zealand Institute of Sales.

The Website: means the website www.instituteofsales.co.nz

We / Us: means the New Zealand Institute of Sales and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content: we have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
 The information contained on this Website should not take the place of professional advice.

If you do not accept and agree to all of these Terms of Use, do not use the website or the services provided therein. By accessing or using the website, You agree to be bound by these Terms of Use, including the New Zealand Institute of Sales Privacy Policy. Additionally, You understand and agree that the New Zealand Institute of Sales may electronically provide to you either through posting or links on the website or through e-mail agreements, invoices and other documents, notices and communications regarding your relationship with the New Zealand Institute of Sales and its services (“Communications”). You hereby consent to receipt of such communications electronically.

Use

You agree that by entering your username and password and clicking “sign on,” or log on by clicking on an “Agree and Continue” or similar button when registering for or accepting any services on the website or provided by the New Zealand Institute of Sales, you are acknowledging that you have read, understand and agree to be bound by these Terms of Use, and that such actions constitute your agreement thereto and acceptance thereof. If you do not agree to any of these Terms of Use, you may not access or otherwise use the Website.

The New Zealand Institute of Sales reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. Any such changes will become effective immediately upon being posted on the Website. You should visit this page periodically to review the most current Terms of Use because they will be binding on You. Your continued use of the Website after such changes are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as otherwise provided in this paragraph, these Terms of Use may not be amended.

Eligibility: You must be 18 years of age or older, or the age of majority as defined in your jurisdiction, whichever is older, to use the website or any of the services provided therein in any manner. By using the website and accepting these Terms of Use, You represent and warrant that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent that You will use the Website and any services or information provided by the New Zealand Institute of Sales in a manner consistent with any and all applicable laws and regulations.

Website Access: New Zealand Institute of Sales reserves the right to modify or discontinue any services or content provided by New Zealand Institute of Sales with or without notice to the User. You acknowledge and accept that New Zealand Institute of Sales does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
 You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations. 
 You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
 We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Your Account: You will be asked to create an account and provide New Zealand Institute of Sales with certain information including, without limitation, a valid e-mail address. Any such information that You submit will be treated in accordance with New Zealand Institute of Sales’s Privacy Policy.
If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use, or for any other reason, in our discretion.
You are responsible for making all arrangements necessary for you to have access to the Website and to the services provided therein. You are also responsible for ensuring that all personnel who access the website through your internet connection are aware of these terms of use and that they comply with them.

Disclaimer of Warranties: All of the information and materials contained on the website, including text, graphics, information, links or other items are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. To the fullest extent permitted by applicable law, New Zealand Institute of Sales makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website or any of the services or information provided therein in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.
New Zealand Institute of Sales expressly disclaims liability for errors or omissions in the information and materials contained therein, and assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the website. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, non-infringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by the New Zealand Institute of Sales. We make no warranty that the website or the services thereon will meet users’ requirements.

Limitation of Liability: The website acts as a venue for members to receive certain educational related information. In addition, certain members can also post jobs and search for candidates, and for candidates to post resumes and search for jobs. New Zealand Institute of Sales is not involved in the actual transaction between employers/recruiters and candidates. As a result New Zealand Institute of Sales has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. New Zealand Institute of Sales shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or seeking jobs on or through the Website. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website.

Except as expressly provided in these Terms of Use, in no event shall New Zealand Institute of Sales, its directors, officers, employees, agents, suppliers, licensors, affiliates or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if New Zealand Institute of Sales, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall New Zealand Institute of Sales, its directors, officers, employees, agents, suppliers, licensors, affiliates or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.

New Zealand Institute of Sales’ maximum total, aggregate liability arising out of or in connection with the website and any information or services provided therein, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will in no event exceed the total amount customer has paid to New Zealand Institute of Sales within the twelve (12) month period preceding the date the claim first arose.

Indemnification: You agree to defend, indemnify and hold harmless New Zealand Institute of Sales, its parents, subsidiaries, affiliates, and their respective officers, employees and agents from any claim or demand including reasonable attorneys’ fees and costs, made by any third party arising out of or related to i) your use of the Website, ii) your use of any content contained therein, iii) your Content or any information or material that You post to or transmit through the Website, iv) your violation of these Terms of Use, or v) infringement by You or another User using your computer or account, of any intellectual property or any other right of any person or entity. New Zealand Institute of Sales shall provide notice to You promptly of any such claim, suit or proceeding, and New Zealand Institute of Sales reserves the right and shall have the option, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Zealand Institute of Sales’ defence of such claim.
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Acceptable Use:

(1) Valid Email Address. You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from our system and You will be denied access to this Website.

(2) Unauthorised Use. New Zealand Institute of Sales authorises Members to view and access a single copy of the content available on or from the Website solely for their own personal use. You will be responsible for ensuring that anyone accessing the Website through your internet connection complies with this Acceptable Use Policy. Only one individual may access the Website at the same time using the same email or password, unless New Zealand Institute of Sales agrees otherwise. Unauthorised use of the Website and New Zealand Institute of Sales’ systems including but not limited to unauthorised entry into any of New Zealand Institute of Sales systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited.

(3) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the “Website Content”) are protected under both New Zealand and foreign copyright, trademark and other laws. All such content is the property of New Zealand Institute of Sales or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of New Zealand Institute of Sales and is protected by New Zealand and foreign copyright, trademark, and other laws. Unauthorised use of the Website Content may violate these laws, and is strictly prohibited. Members must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorised copy they make of such content.

Members may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of New Zealand Institute of Sales, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits New Zealand Institute of Sales or its licensors, that dilutes the strength of New Zealand Institute of Sales or its licensor’s property, or that otherwise infringes New Zealand Institute of Sales’ or its licensor’s intellectual property rights. Members may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that New Zealand Institute of Sales creates to generate or display any Website Content or the pages making up the Website is also protected by New Zealand Institute of Sales’ copyright and Members may not copy or adapt such code.

(4) Website Restrictions. The current for future job posting, resume database (“New Zealand Institute of Sales’ Resume Database”) and other features of the Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

(5) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
(a) accessing data not intended for You or logging into a server or account which You are not authorised to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(c) attempting to interfere with service to any User or Member, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”; or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. New Zealand Institute of Sales will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users or Members who are involved in such violations.

New Zealand Institute of Sales also specifically prohibits the following:
(a) Post jobs or content on the Website that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading;
(b) Use New Zealand Institute of Sales’ Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the New Zealand Institute of Sales’ Resume Database to sell or promote any products or services;
(c) Post or submit to the Website any incomplete, false or inaccurate biographical information or information which is not their own;
(d) Post on the Website any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
(e) Send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to other Users or Members;
(f) Delete or revise any material posted by any other User, Member or other entity;
(g) Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(h) Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Website and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
(i) Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
(j) Aggregate, copy or duplicate in any manner all or part of the Website Content or information available from the Website, without express written consent from New Zealand Institute of Sales.

(6) User Content and Submissions. You are solely responsible for your account information, employer account information or job postings, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users or Members. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
The following is a partial list, for illustration purposes, of User Content that is prohibited on the Website. You may not post content that:
Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
Harasses, incites harassment or advocates harassment of any group or individual;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
Promotes or endorses an illegal or unauthorised copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
Contains restricted or password only access pages, or hidden pages or images;
Displays or links to pornographic, indecent or sexually explicit material of any kind; (h) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
Provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
Solicits passwords or personal identifying information from other Users or Members.

Intellectual property and copyrights: We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 
If you wish to use content, images or other of our intellectual property, you should submit your request to us at info@instituteofsales.co.nz . If You believe that your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify the New Zealand Institute of Sales.
You acknowledge and agree that, as between you and New Zealand Institute of Sales, New Zealand Institute of Sales owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to New Zealand Institute of Sales, and all Website Content provided by New Zealand Institute of Sales on the Website, including without limitation, site design, text, graphics, and interfaces (“New Zealand Institute of Sales Materials”). Any use of New Zealand Institute of Sales Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorised officer of New Zealand Institute of Sales is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our website, New Zealand Institute of Sales Material or any third-party content available on New Zealand Institute of Sales websites.
By posting Your Content to any public area of New Zealand Institute of Sales websites, including without limitation, message boards, profiles, forums, contests and , or by otherwise submitting or transmitting any such Content to us: (i) You acknowledge, represent and warrant that such Content is original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to the Website, and that any “moral rights” in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived; and (ii) You automatically grant to New Zealand Institute of Sales and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of New Zealand Institute of Sales and for any other purpose, in New Zealand Institute of Sales discretion. We cannot be responsible for maintaining any Content that you provide to us, and we may delete or destroy any such Content at any time.

Third-Party Intellectual Property Rights: The New Zealand Institute of Sales respects the intellectual property of others, and we ask You, to do the same. The unauthorised posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. The New Zealand Institute of Sales reserves the right to terminate your account, and block access to the Website if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. The New Zealand Institute of Sales reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.

Trademarks and Logos: The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of the New Zealand Institute of Sales and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.

Links to external websites: This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
You acknowledge that the New Zealand Institute of Sales is not responsible for the availability of, or the content located on or through any third-party website. The New Zealand Institute of Sales makes no representations about and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to this website. By providing such links, New Zealand Institute of Sales does not endorse or recommend any products or services offered or information contained therein, nor is New Zealand Institute of Sales liable for any failure of products or services offered or advertised at those websites. If You decide to access such linked third-party web sites, you do so at your own risk. Your use of those third-party sites is subject to the terms of use and privacy policies of each such site, and we are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding the content on those sites.

Limitation of Liability: 
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection: Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, go to our Privacy Policy.

Cancellation: All subscriptions will automatically renew to preserve continuity. If you would like to cancel your subscription and not be charged for renewal, you must cancel before your renewal date, or your subscription will be renewed for the same term you initially selected at our current offering price.

Orders for Products & Services: We may make certain products and services available to visitors and registrants of the Website. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in New Zealand and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the New Zealand Institute of Sales. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

Membership Refunds: Once the paid subscription begins, no refund will be provided. This includes subscriptions using any type of payment option. Subscriptions may be cancelled by You at any time but no refund will be made for unused subscription periods.

Event Refunds: The New Zealand Institute of Sales event refund policy is as follows, 30 days or less prior to event, no refunds or credits. Greater than 30 days – 50% credit towards future events. Credits must be used within 12 months from the date it is issued. One year New Zealand Institute of Sales membership is maintained.

Certified Profession Salesperson (CPS) Refunds: Upon enrolling for the CPS certification courses, a student may withdraw within the first 14 days with a 100% refund. Between 14 days and 30 days, any student withdrawing will receive a 50% credit which may be applied towards future events or training. Credits may be used within 12 months of the date it issued.

Confidentiality: All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law: These terms and conditions are governed by and construed in accordance with the laws of New Zealand. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New Zealand. 
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Additional Terms: Certain sections or pages on the Website, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Use. In the event of conflicting provisions, the additional terms and conditions will govern.

Termination

Termination: The New Zealand Institute of Sales may discontinue your access to the Website or suspect or terminate, without notice or liability, your account membership and/or your access to and use of the Website, for any violation of these Terms of Use or for any other use that the New Zealand Institute of Sales, at its sole discretion, deems improper.

No Resale or Unauthorised Commercial Use: You agree that you shall not resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorised commercial use of the Website.

Availability outside New Zealand: The New Zealand Institute of Sales makes no claims that the Website may be lawfully viewed or accessed outside of New Zealand. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Severability; Waiver: If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, the New Zealand Institute of Sales’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect the New Zealand Institute of Sales’s ability to enforce such term at any point in the future.

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