Kivi Terms of Service
【Kivi Team】 ( ”We” ) hereby advise you to carefully read and understand this Terms of Services (hereinafter referred to as “Agreement”) before registering for our Services.
In order to clarify rights and obligations of all parties, and protect the legitimate rights and interests of all parties, this agreement is specially formulated. The contents highlighted in bold underline in this Agreement are specifically reminded of your attention. Please ensure that you fully understand the terms of this Agreement. You are not authorized to register, log in or use our Services or Software (including but not limited to creating or uploading the user generated content) (hereinafter referred to as Services, Software) unless you accept all the terms of this Agreement. Your registration, login, usage, etc. will be deemed as acceptance of this Agreement and that you agree to be bound by the terms of this Agreement.
1.1 In order to use our Services, we may ask you to create an Account or allocate an Account (hereinafter referred to as Account) to you. We can modify how your account is registered, and logged in if necessary without prior notice. If you associate your Account with your mobile number, you agree to authorize us and telecom operator to use your mobile number if applicable, and you guarantee to comply with the relevant regulations of the telecom operator.
1.2 You agree to simultaneously authorize us to activate an account for other Services of the Company upon registration of this account. Specific products are subject to our actual operation.
1.3 You can access, use some features of our Service only if you give us your location information. You have to provide, authorize us your GPS location if you want to access, use some features of our Service. In the event that you do not want to provide your location information, you can terminate corresponding authorization.
1.4 The ownership of the Account belongs to us and you only have the right to use the Account. You are forbidden to donate, borrow, rent, transfer or sell the Account.
1.5 You are responsible for maintaining the security of your Account. If your Account encounter hacking or password theft due to your improper handling, you shall hold full responsibility for. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account. If you become aware of any actual or suspected unauthorized use of your Account or Account password, please tell us immediately. You agree not to use other users' accounts or passwords under any circumstances.
1.6 You shall abide by the terms of this Agreement and use the Software correctly and appropriately. If you violate any of the terms in this Agreement, we reserve the right to discontinue or terminate the Service to you.
1.7 If no activity is conducted by you in relation to the Account for one year, we have the right to delete or take back the account without prior notice to avoid wasting resources, and you shall take all the risks. Meanwhile, we reserve the right to delete or take back your Account and user name at any time at our sole discretion.
2. Service Scope
2.1 The specific Service of this Software is provided according to the actual situation, including but not limited to allowing you to live stream, watch live streams, purchase or send virtual gifts. We can modify the Services provided at any time without prior notice to you at our sole discretion.
2.2 You understand and agree that we are entitled to send you promotional or other relevant business information, notices via email, client, push messages, SMS, webpage or other legal means for commercial purposes. Due to the unique nature of the mobile phone network, we have the right to access your mobile phone information.
3. User Information Protection
3.1 In the process of registering your Account or using the Service, you may be required to fill in or submit certain necessary information, such as the identity information required by laws, regulations, and regulatory documents (hereinafter referred as to “Laws and Regulations”). If the information you submit is incomplete, inaccurate or does not comply with the Laws and Regulations, you may be unable, restricted to use our Service.
3.2 User information includes private information and non-private information. Private information refers to information that can be used to identify the user, including your legal name, ID number, and mobile phone number; Non-private information refers to the general information such as your performance data, information excluding private information and the above-mentioned private information that you agreed to disclose publicly.
3.4 As our Service is based on your geographical location, you acknowledge that the geographical location is considered as non-private information. You agree to authorize us to get, use your geographic location information to provide Services provided that you access, use our Service and your geographical location information shall be open to other users as your public information . If you wish to terminate the authorization, the device setting can be changed by yourself.
4. User Generated Content Requirements and Usage Rules
4.1 The Content described in this Agreement refers to any content created, uploaded, copied, published and distributed by you, including but not limited to registration information and verification details such as account avatar, name, personal description, or text, audio, pictures, videos, graphics that are sent, replied or auto-reply messages and related link pages, and other content generated while using the software.
4.2 You are not allowed to use this Software to produce, upload, copy and send the following Content or conduct the following behavior:
(1) That threatens national security, leaks state secrets, subverts state power, damages state unity;
(2) That damages national honor and profit;
(3) That incites national hatred, discrimination and damages national unity;
(4) That damages national religion policies, promotes cult and feudal superstition;
(5) That spreads rumors, disturbs public order and damages social stability;
(6) That spreads obscene, pornographic content containing sexual or sexually suggestive content;
(7) That spreads gambling, violence, murder, terror or abetment;
(8) That insults or defames others, violates others legal rights or fraudulent;
(9) That contains insulting, intimidating, or threatening content;
(10) That contains harassment, spam, malicious or phishing information;
(11) That disclosing or involving the privacy of others, personal information or details;
(12) That infringes on the legal rights of other people's reputation, portrait rights, intellectual property rights, trade secrets, etc. ;
(13) That harms the interests of minors in any way;
(14) That stalks or otherwise harasses other users;
(15) That contains false information, or steals other people's avatars or details, posts or uses others’ identity;
(16) That enforces, induces other users to follow, click on the link page or share information;
(17) That fabricates facts, conceals truths to mislead or deceive others;
(18) That contains advertising or sales-oriented information;
(19) That uses technical means to build multiple fake accounts;
(20) That deletes the copyright information on this software and its copy;
(21) That do reverse engineering, reverse compilation, de-compilation, or attempt to discover the source code of the software;
(22) That uses, rents, lends, copies modifies, links, reproduces, compiles, issues, publishes or creates mirror sites with contents that contains intellectual property rights of this company;
(23) That copies, modifies, adds, deletes, hooks, or creates any data released by us or necessary for the software, or derivatives;
(24) That adds, deletes, changes the function of the software, or operates or transmits the software to the public by modifying or falsifying the instructions and data in the software, whether or not for commercial purpose;
(25) That Loges in or uses the software through third-party software, hacking, plug-ins or systems that are not developed or authorized by us, or create, publish, or distribute third-party software, plug-ins, hackings, and systems that are not developed or authorized by the company;
(26) That contains sensitive AR anchoring location information (anchoring to restricted areas such as military bases, or to private properties where AR anchoring may cause problems for the property owner);
(27) That is or could reasonably be viewed as offensive, indecent or objectionable;
(28) Other Contents or behaviors that in violation of laws and regulations, such as regulatory documents and policies (including jurisdiction where you reside, the Software operates, runs), or infringe lawful rights and interests of other third parties, interfere with the normal operation of the software.
4.3 Any Contents produced, uploaded, copied and sent by you has nothing to do with us and doesn’t reflect or represent our opinion, standpoint, policy. We shall not be liable in any way for any Content uploaded, distributed, copied, published by you, or behavior conducted by you.
4.4 You are solely responsible for the authenticity, legality, accuracy, validity of the information transmitted, produced, uploaded, copied, published, disseminated by you, and behaviors conducted, and performed by you. Any liability is at your own risk and has nothing to do with the software. If any damage is caused to us or third parties due to your behavior, you shall compensate losses of us or third parties, and we have the right to pursue your liability in accordance with this agreement.
5. Third Party Products and Services
5.1 The Service may contain advertisements and promotions offered by third parties and you agree to display those advertisements and promotions during the course of using the Service. Unless otherwise expressly regulated by laws and regulations, you should be responsible for transactions in accordance with the advertising information, and losses in relation to the transaction. We are not liable for any responsibility, losses arising from the aforesaid transactions.
5.2 If you choose to use services, products provided by third party that displayed, linked on our Software, you shall comply with third party’s agreement, policy in regard with you behavior. We cannot guarantee the security, accuracy, validity of third party’s service and we are not responsible or liable for losses incurred by you arising from services, products, behavior of third party.
6. PAID SERVICES
The creation of your user profile and the access to the standard features of this App is free. To enrich your experience, you can choose to subscribe or purchase in-app purchases.
6.1 Subscribe: Auto-Renewal; Automatic Card Payment
Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
If you purchase any VIP and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by our APP or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the VIP and all kind of paid contents & item Services is terminated. You agree that if you purchase VIP and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will us have any responsibility in connection with any of the foregoing.
If you want to change or terminate your subscription, you will need to log in to your third party account and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the application from your device. Deleting your account on this APP or deleting the application from your device does not terminate or cancel your subscription; This APP will retain all funds charged to your Payment Method until you terminate or cancel your subscription on this APP or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
6.2 Virtual Currency and Gifts
When you purchase or receive Virtual Currency products such as Gems, Diamonds, and gifts you do not own them. Gems are used to buy gifts and make calls. You agree that we will have no liability to you based on the exercise of our rights with respect to Gifts and Gems. We reserve the right to verify your identity and eligibility to use your virtual currency and gifts.
You may use Gems to purchase Gifts，the price for each Gift will be displayed at the point of purchase. All sales of Gifts are final, and we do not offer refunds for any purchased Gifts. We are not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that we modify, suspend, or terminate the Gift, Story or the Points program, or for loss or damage due to any service error, or any other reason. Purchases of Virtual Currency (Gems), Diamonds and Gifts may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency (Gems), or Gifts at any time, as well as the ways you can use Virtual Currency (Gems), Points and Gifts. We reserve the right to revoke or stop issuing Virtual Currency (Gems, Diamonds) and Gifts at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency (Gems, Diamonds) and Gifts. Virtual Currency (Gems) and Gifts may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all accumulated and unused Virtual Currency (Gems, Diamonds, etc.) and Gifts without refund or other compensation. You agree that we will have no liability to you based on the exercise of our rights with respect to Virtual Currency (Gems, Diamonds) and Gifts.
Gifts purchased or received by any user do not constitute property and are not transferable.
7.1 You can purchase membership service, and the included service content and price information is subject to the display on relevant service pages of this Service.
7.2 We can adjust the membership service charge standard and content at any time by displaying the amended version on relative pages.
7.3 You are forbidden to transfer or refund after successful payment under any circumstance unless clearly stated by Law and Regulation. The Service will terminate automatically after the end of subscription if you do not use our Service within the validity period specified in the payment service, which cannot be interrupted or postponed.
7.4 The content and personal data you submitted when registering for membership must be valid and truthful. You must modify the registered personal data when necessary, otherwise you are liable for any consequences caused by your membership rights unable to fully and effectively exercised.
8. Virtual Currency
8.1 You are able to redeem and purchase “virtual items,” as known as heartbeat coins (change of virtual items name does not affect the validity of this agreement). Unless otherwise specified, virtual items can only be used in the Software and holds no purchasing power in scenarios other than the Software.
8.2 Virtual items can be used to purchase value-added Services of the Software, such as sending gifts and playing games, etc. Specific price information, exchange rate, and usage policy will be determined by us in our sole discretion and on our service interface. Unless otherwise provided hereof, virtual items may not be used for any other purposes, including unable to conduct virtual items transactions with third parties, or trading on third-party platforms other than the software platform. If you violate the foregoing requirement, we will not be liable for any loss of you or a third party, and if we reasonably suspect that your Account or usage has cheat operation or abnormal status, we reserve the right to suspend, refuse your use of virtual items, until relevant ban measures are taken as provided in this agreement.
8.3 You can recharge your virtual items through channels allowed by us. The exchange rate between virtual items and legal currency varies according to your purchase channel, which shall subject to the information displayed on our Software interface. We have the right to change the exchange rate in our sole discretion from time to time and will display it on our Software interface.
8.4 You promise to not recharge through illegal or unauthorized channel. If you violate the rules and illegally recharge, purchase virtual items, we do not guarantee that the recharge will be successful or completed. We will not compensate for your loss if your rights and interests are damaged by the above actions. We also reserve the right to terminate, restrict your Account, your right to recharge, and pursue your liabilities accordance to this Agreement.
8.5 Please check your account carefully before recharging. You shall bear all losses on your own due to incorrect account input, improper operation or lack of understanding of charging methods, etc., and we will not make any compensation for your losses.
8.6 UNLESS OTHERWISE REGULATD BY LAWS, ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL, NON-REFUNDABLE, NON-TRANSFERRABLE UNDER ANY CIRCUMSTANCES. FOR AVOIDANCE OF DOUBT, IN REGARDING TO ANY SERVICES, PRODUCTS PERCHASED BY YOU, YOU ARE NOT ALLOWED TO REFUND OR TRANSFER THE VIRTUAL ITEMS TO OTHER SERVICES, PRODUCTS.
8.7 We have right to set out or modify rules in connection with virtual items and other transaction from time to time according to various factors, including, without limitation to transaction limits, number of transactions. You understand and confirm that the above mentioned set out or modifications may cause some inconvenience to you, and that you have no objection to this.
8.8 We do not encourage minors to use virtual currency Services. If you are a minor, you should ask your guardian(s) to operate or operate with the expressed consent of your guardian(s). Otherwise, this virtual currency Service cannot be used.
8.9 You shall be responsible for losses arising from our inability to provide virtual currency Service or any issues in providing virtual items caused by the following reasons:
• Due to loss, ban or freezing of your account;
• That you disclose your password to others;
• Due to faults of payment channel institution;
• Caused by intentional or gross negligence or violation of laws and regulations of other users;
• Other reasons caused by yourself;
8.10 You may receive some virtual gains in the course of using our Services, such as points (changes in the virtual gains name do not affect the effectiveness of this agreement). Unless otherwise agreed between you/your agent and us, you are only allowed to use virtual gains supported by our Service according to our Policy as disclosed on our Service interface, such as exchange into virtual items. We reserve the right of final interpretation on such virtual gains and related policy terms. We have the right to adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest Policies as disclosed by us. Unless otherwise provided hereof, the virtual items cannot be used for any other purposes, including unable to conduct virtual items transactions with third parties, or trading on third-party platforms. If you violate the foregoing requirement, we will not be liable for any loss to you or a third party, and if we reasonably suspect that your Account or usage has cheat operation or abnormal status, we reserve the right to suspend, terminate your use of, deduct, virtual gains and pursue your liabilities accordance to this Agreement.
8.11 Under the following circumstances, We reserve the right to deduct your corresponding virtual gains:
• If the recharge of the virtual currency is determined by the bank, payment channel, or court as invalid;
• Chargeback or refund initiated by end user of this Platform is permitted subject to decision of Banks, payment gateway, courts, arbitration tribunal, or us;
• “Real world” money used for recharge is considered illegal or improper gains, and we are required by the court and other institutions to refund ;
• Other circumstances that caused the virtual currency to be returned or refund.
8.12 In the event of any violation of this Agreement, laws and regulations by you, we reserve the right to temporarily or permanently suspend, freeze your account and deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate your losses, damages.
8.13 You acknowledge and agree that if you voluntarily cancel your account, your virtual items, virtual gains, virtual gift, game currency, etc. will be waived automatically. We will not return the corresponding cash value and will not make any compensation.
9. Data Storage
9.1 We are not responsible for the deleting or storage failure of your data in this Service.
9.2 We can determine the maximum storage time length and storage space of your data in the Service according to various factors. You can back up the relevant data of this Service according to your own needs.
9.3 If you discontinue using the Service, or if the Service is terminated or ended, we can permanently delete your data from our server, and we are not obligated to return any data to you.
9.4 You can modify or delete your personal data, registration information and Content uploaded, distributed by you. Please note that deleting relative information will lead to delete of Contents stored in the system. You are responsible for this risk.
10.1 You understand and agree that the Software only provides you with a platform for information sharing, transmission. You are responsible for all actions under your Account, including any content you transmit and any consequences resulted. You should personally judge the content of the software and Service and bear all risks arising from the use of the Service, including risks arising from the reliance on the correctness, completeness or usefulness of the Content. We cannot and will not be liable for any losses caused by your behavior.
10.2 If you find anyone who violates this agreement or uses the Service in other improper ways, please tell us immediately and we will deal with them according to this Agreement.
10.3 You understand and agree that we reserve the right to change, suspend, terminate, update all or an feature of the Service in our sole discretion according to various factors without prior notice.
11. Intellectual Property
11.1 You acknowledge that intellectual property rights in and relating to our Services (other than Content which is contributed and owned by advertisers) is owned by us, unless you have legally acquired intellectual property rights in the Content posted by you on our Software before using our Services.
11.2 Unless otherwise provided, the copyright, patent and other intellectual property rights of the Software are owned by us.
11.3 the copyright or trademark rights of the graphics, text or its components involved in the Service, and other Software logos and product and Service names (hereinafter collectively referred to as the “Software Logo”), are owned by us. You are not allowed to display or use the Software logo in any way without our prior written consent, and you must not indicate to others that you have the right to display, use, or otherwise modify with the Software logo.
11.4 The above and any other intellectual property rights owned by us or related advertisers are protected by law and you are not allowed to use or create derivative works in any form without the written permission of us or the relevant advertisers.
11.5 Unless otherwise agreed in writing by the company and you/your agent, you own the intellectual property rights in connection with Content uploaded by you such as text, images, videos, audio, photograph, and you agree to authorize us and our affiliates an irrevocable, permanent exclusive, royalty-free, worldwide, sub-licensable right to use, display and reproduce the aforesaid Content for commercial or non-commercial purposes, including but not limited to adapt, display, broadcast, rent, copy, film, translate ,or place such Content on Internet. We can choose whether to use and the usage method in our sole discretion, including but not limited to using and disseminating the above information on any platform operated by us, editing the above information, and authorize third party to use, edit, disseminate.
12.1 If you have illegal, wrongful, defaulting, tort act, we have the right in our sole discretion to take any or all of the following measures: to give a warning, to disable your ability to use some features, terminate your access to the Software, put you into blacklist, announce your default act，to deduct, withhold virtual items and virtual gains in part or in whole . If we adopt to terminate your Account, put you into blacklist, we have the right not to refund your virtual items, and gains.
12.2 You understand and agree that we have right to take any remedy measures, appropriate legal action against your illegal, wrongful, defaulting, tort act, and disclose relevant information to authorities in accordance with laws and regulations and you shall bear all results.
12.3 You understand and agree that any losses, damages, claims of third party arising out of your violation of this Agreement, shall be paid by you, including reasonable attorney’s fees.
12.4 You agree to indemnify, defend and hold harmless us, our affiliates from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including but not limited to attorney’s fees, arising out of your access to or use of the Service, your breach of this Agreement.
12.5 We have the right to choose to apply the aforesaid remedy measures separately or collectively.
13. Force Majeure And Other Disclaimers
13.1 You understand and acknowledge that in the course of using the Service, you may encounter problems out of our control, which may cause the Service to be interrupted. We are not liable for any Service suspension, problems, losses out of our control and expectation, for example natural disasters such as floods, earthquakes, plague epidemics and storms, and social events such as war, turmoil, government actions, etc. In the event aforesaid, we will try our best to cooperate and to repair in time.
13.2 We make no promises or guarantees that the Services will always safe, reliable, be available, uninterrupted, or error-free or not-delay. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. We do not control or manipulate actions of you and others, nor are we responsible for any of their content (whether online or offline) and any content they share (including offensive, indecent, obscene, illegal, and other contentious content).
13.3 Like most Internet Services, our Service may be affected by various security issues, including but not limited to internet Service quality, social environment, other software, websites you download, install, visit may contain viruses such as "Trojan horses" that threaten the security of your computer information and data, which in turn affects the normal use of the Service. You should strengthen the protection of information security and user data, and pay attention to strengthen password protection to avoid loss and harassment.
13.4 You understand and acknowledge that the Service has interruptions due to unavoidable issues, computer virus or hacking, system instability, your location, your shutdown, and any other technology problems, internet problems, telecom operate problems, etc. We shall not be liable for any losses caused due to the aforesaid interruptions.
13.5 You understand and acknowledge that there may be some misleading, deceptive, threatening, defamatory, offensive or illegal information, or infringement information of the rights of others in the course of using the Service. We do not assume any responsibility for any losses of you or any third party resulting from aforesaid information or act.
13.6 You understand and acknowledged that we may maintain, update, and repair features or this Software on a regular or irregular basis. If the service is interrupted within a reasonable period of time due to such circumstances with prior notice, we shall not be liable for this.
13.7 Unless otherwise provided by law and regulation, we have rights but no obligation to handle any defaulting, tort, illegal act of third party and we cannot guarantee that the foresaid defaulting, tort, illegal act of third party shall be found, handled in times.
13.8 You understand and acknowledge that we are not responsible for any defects in the quality of the products or Services offered to you and any damages caused by the free products or Services gifted to you.
13.9 NOTWITHSTANDING OTHERWISE PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE ARE NOT LIABLEFOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; ORFOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES. IN ADDITION, ALL COMPENSATION, REMEDY, LIABILITIES, REGARDLESS OF ANY MANNER, REASON, SHALL NOT EXCEED ALL FEES PAID BY TO US (IF APPLICABLE)
13.10 You acknowledge and understand that there may be personal and property security and transaction dispute risks if you meet, trade with other users offline, off the platform. We are not liable for the above risks or losses, and you must bear all responsibility.
14.1 We remind you to read this Agreement carefully, especially clauses in connection with disclaimer, risks, limitation of you rights and our liability. If you are a minor, pleases read with accompany of your guardian(s).
14.2 You understand and agree that other statements, rules published by us in the software are deemed to be supplemental to these rules and are an integral part of these Rules and have the same legal effect as this Agreement.
14.3 This Agreement shall be governed by, and construed in all respects in accordance with, the laws of the Hong Kong SAR. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre for the time being in force with one arbitrator. The language of the arbitration shall be English.
14.4 The invalidity or unenforceability of any provision of this Agreement shall not in any way affect or impair the validity or enforceability of the remaining provisions. If any provision of this Agreement is declared invalid or unenforceable by competent authorities, the Parties shall use their best endeavors to agree upon a replacement provision so as to substantially effectuate the commercial purpose of the original provision.