Terms of Use

1.1 The Website (as defined below) including but not limited to all content, material, trademarks, services marks, trade names, and trade secrets, software, text, images, graphics, video, script and audio, designs, text, graphics, images, information, audio and other files, and their selection and arrangement is owned by The Absolute Journey operating under the brand name “Foglia d’Oro” a company incorporated under the Companies Act, 2013 with its registered office at 67/1B, Lavelle road 4th cross, Bangalore - 560001 Hereinafter referred to as "Company").
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1.2  Terms of Use (“Terms”) available at www.foglia-doro.com/terms-of-use along with the Privacy Policy available at www.foglia-doro.com/privacy-policy the other policies of the Website as available at www.foglia-doro.com/policy section or elsewhere on the Website, the Supply Agreement as provided by Us to You and any other terms which may apply to specific services that We offer together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the legal and binding agreement upon which You are allowed to access and use the Website and avail the Services (as defined below).
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1.3 For the purpose of these Terms, wherever the context so requires  "You" ,  "Your" or  "User"  shall mean any natural or legal person who accesses the Website or avails any of the Services that are offered herein. The term  "We", "Us", "Our"  shall mean the Company.
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1.4 By accessing or using any part of Our Service, You represent that You have read, understood, and agree to be bound by these Terms including any future modifications. Further, by availing any Service, You signify Your acceptance of the terms of this Agreement. The Company may amend, update or change these Terms at any time. If there are any changes made to these Terms, the Company will post a notice of the changes on the Websites indicating a change on the Terms. If You do not agree to abide by these Terms, You are not authorized to use, purchase, access or participate in the Service.

2.1 The Company is engaged in the business of procuring and supplying deliverables including cut flowers, flowers basket/bunches, flower bouquets and assorted decorative items and accessories and provision of decorative flower arrangement services to various customers  (“Service(s)”). This Website serves as a platform through which You may avail the Services offered by the Company.
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2.2 As the Services predominantly deals with procuring flowers, We would like to bring to Your attention that these flowers are available seasonally. We do not guarantee color tone matches. The colors shown on the Website may be influenced by your computer and/or monitor settings. Flowers are a natural product and vary in color from season to season. The arrangements of assorted flowers, the colors shown online will be used depending on its availability and seasonal factors. In case of non-availability of flowers or in case of seasonal flowers, arrangement of flowers shall be done by substituting other kinds of flowers of equal or greater value. If the floral container shown online is not available, a similar container will be used after a prior notice of the same is provided to You and upon Your confirmation to the same. 

‍3.1 The Services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Services. If You are a minor i.e. under the age of 18 years, You may use the Website or access content herein only under the supervision and prior consent/ permission of a parent or legal guardian. ‍

4.1 You may follow the instructions as available on the Website or contact us at hello@foglia-doro.com to place Your order for any of the Services/products We provide.
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4.2 The price of the flowers and other services provided on the Website shall be based on the current market price for the same and applicable taxes. Further, it is to be noted that shipping, transportation charges, customs and any other applicable levies shall be charged additionally over and above the price of the flowers and other services.
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4.3 When You choose to place Your order through Our Website, You may have to provide all Your personal details, and PIN code, other relevant details and details of the intended recipient and all necessary payment details.

5.1 Please be aware that while purchasing Our Services, the payment gateway may be privy to Your financial information, as provided by You at the time of purchase of our Services.
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5.2 For Services being provided within India, the payment can only be accepted in INR. Prices will be the cost of the Services provided, the transit insurance (as applicable) and the applicable taxes such as GST (Goods and Service Tax)/other taxes (if applicable).
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5.3 In case of an international credit card being used for domestic orders, the transaction amount will be converted to INR before the payment is accepted. Currency conversion charges may apply according to Your credit card policy. If You have made the payment by using an international card or foreign bank-issued card then You will be required to send us any government-issued photo identity proof. For example:
- Pan card
- Driving Licence
- Passport
- Voter identification card
- Aadhar card
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5.4 In the event that You choose to make the payments for the Services on the Website, You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID that is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
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5.5 In the event that You make the payments for the Services on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for the Services and the Company does not control the same and shall not be liable for the same.
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5.6 Payment Facility for the Services: The Company may from time to time contract with third party payment service providers including banks to open a nodal bank account under applicable Indian laws, to facilitate the payment on the Website. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers, via bank transfer, via cheque or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

5.7 Full payment must be received 7 days prior to shipment – for Regular Orders, or at the time of order confirmation – for Rush Orders. Free cancellation may be applicable up to 7 days before shipping is initiated

6.1 Obligations: Your obligations are:
- In the event You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website in accordance with clause 7 of the Terms.
- You have to provide true, accurate, current and complete information about yourself while completing the registration process on the Website.
- You should maintain and promptly update registration data to keep it true, accurate, current and complete. If You provide any information that is false, inaccurate, incomplete or not current or if the Company has reasonable grounds to suspect that such information is false, inaccurate, incomplete, not current or not in accordance with these Terms, We have the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to Our Website.
- You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. In the event that a non-delivery occurs due to which the Services may not be adequately rendered on account of a mistake by You (i.e. wrong name or address or any other wrong information), any extra cost incurred by the Company for re-delivery shall be claimed from You and You shall bear such expenses.
- You will provide authentic and true information in all instances where such information is requested of You. The Company reserves the right to confirm and validate the information and other details provided by You at any point of time. Further, the Company also reserves the right to ask for additional information for accepting orders or before making delivery in certain cases. If upon confirmation, Your details are found to be false (partially or completely), the Company has the right in its sole discretion to reject the registration and debar You from using the Services. In such an event, any extra cost incurred by the Company shall be claimed from You and You shall bear such expenses.
- If there is any delay in the delivery caused due to any occurrence of a Force Majeure Event (as hereinafter defined), public holiday or any other unforeseen circumstance, then You shall not hold the Company liable for such delay in the delivery.
- You shall bear the responsibility to properly care for the flowers. We will not be liable for any products that are mishandled by You. As a courtesy, each product page explains in detail how to care for flowers, however You must be knowledgeable on flower care. Please read the detailed Guarantee Page as available for what We do and do not cover under Our guarantee.

6.2 Restrictions: As mandated by Regulation 3(2) of the Intermediaries Rules, the Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: 
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

7.1 The Company hereby grants You a non-exclusive, revocable and non-transferable right to view all information pertaining to the Services We offer,  subject to the following conditions: 
- You may access and use the details of the Services We offer or Our product catalogues solely for personal, informational and internal purposes, in accordance with these Terms;
- You may not modify or alter product catalogues or any aspects of the Services We offer that are available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
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7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
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7.3 Any software that is available on the Website is the property of the Company or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of the Company.
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7.4 The Company has no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of any third party websites or mobile/tablet applications or which is made available by/through the Website. Inclusion of any link on the Website does not imply that the Company endorses the linked site. User may use the links and these services at User’s own risk. 

7.5 The Company reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Ads”. Without prejudice to the status of other content, the Company will not be liable for the accuracy of the information or the claims made in the Sponsored Ads. The Company does not encourage the Users to visit the Sponsored Ads page or to avail any services from them. The Company will not be liable for the services of the providers of the Sponsored Ads. 

8.1 The Company does not transfer either the title or the intellectual property rights to the Website or the underlying software and source codes or its Services, and the Company (or its licensors) retain full and complete title to the same as well as all intellectual property rights therein. User agrees to use the Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement ; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to the Company may be used, stored or republished by the Company or its affiliates even after the termination of these Terms or the Agreement(s).
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8.2 All content included on the Website, including but not limited to the design of the Website, the Website as a whole, flower arrangement designs as available on the Website, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other material (collectively referred to as Our “Content”), is the property of the Company and is protected by copyright, trademark or other proprietary rights. The collection, arrangement and assembly of all Content on the Website is the exclusive property of the Company and is protected by applicable copyright law including the Copyright Act, 1957 and its amendments. INFRINGEMENT UPON COPYRIGHT LAW IS A CRIMINAL OFFENCE AND THE COMPANY TAKES COPYRIGHT INFRINGEMENT VERY SERIOUSLY. WE MAY SCAN OTHER WEBSITES FOR DUPLICATION OF OUR PROPERTY AND PERIODICALLY CHECK FOR ANY INFRINGEMENT.

8.3 Trademarks of the Company may not be used in connection with Services that are not provided by the Company without expressed written consent of the Company. Infringement includes using the Company’s property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company . All other trademarks not owned by the Company or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company . Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, designs, page layout, or form) of the Company and affiliates is prohibited without express written consent. You may not use any the Company’s logo or other proprietary graphic or trademark as part of the link without express written permission. The Company grants You limited license to access and make personal use of the Website. You are prohibited from downloading, modifying, and/or using the Website for commercial purposes without expressed written consent of the Company.
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8.4 The Company owns the copyright to all the contents of this Website, including images and designs. All trademarks and other intellectual property are owned or licensed to us (unless otherwise specified). You may not use the Website in any manner which violates or infringes the intellectual property rights of the Company or of any other person, firm or company.
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8.5 You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Website without the written consent from us. You may print or download any pages for Your own personal and non-commercial use only. If You have any doubts about what You can do, please email us at hello@foglia-doro.com or call Us at +91 9900212889. While Our Website is accurate as possible, We cannot accept responsibility for any inaccuracies or errors beyond Our reasonable control. We cannot guarantee that colored images will be rendered correctly on different computer monitors.

9.1 Cancellation by the Company: There may be certain orders that the Company cannot accept, and therefore, We reserve the right, at Our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase, non availability, or any other issue which the Company identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify You in case Your order has been cancelled fully or partially or if any additional information is required to accept Your order.

9.2 Cancellation by You: Once an order is placed, it can be canceled at a minimum of 10 business days prior to the first scheduled delivery date. No cancellations will be accepted within 10 business days of a scheduled delivery date. Many of our products are shipped from European countries, and are often processed for their journey several days prior to the delivery date. Once the product has been shipped, changes are not possible. 

The cancellation request must be received via e-mail to hello@foglia-doro.com, with the subject line CANCEL, and the order number, client name, and client address mentioned in the body of the email. 

All cancellation request shall be in accordance with the specific Agreements that are entered into between the parties. Once the cancellation request is received, We will initiate the process of refunding the amount to Your account subject to applicable deductions, via the same payment mode that You had used to make the transaction or through cheque (amount would be refunded through cheque, only in cases where the debit/credit card used by customer while placing the order is not in use). Once the refund process is initiated, You will receive the refund amount subject to applicable deductions, directly into Your account or through cheque. 

11.1 You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any third party content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

11.2 The Company may notify You of any claims which You shall be liable to indemnify the Company against. You will then be required to consult with the Company regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Company without the express prior written consent of the Company which can be withheld or denied or conditioned by the Company in its sole discretion.

11.3 Notwithstanding anything to contrary as mentioned in the Agreement(s), the entire aggregate liability of the Indemnified Persons to You under and in relation to these Terms or otherwise shall not exceed the actual amount of fees for the specific milestone, if any, as paid by You to the Company in which the cause of action for the liability arose.

11.4 In no event shall the Indemnified Persons be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, loss of use, data or profits, whether or not foreseeable or whether or not Indemnified Persons has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or content.

12.1 The Terms will continue to apply until terminated by either You or the Company as set forth below. If You want to terminate Your Agreement(s) with the Company, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where the Company has made this option available to You.

12.2 You agree that the Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if the Company determines that You have violated these Terms or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to the Company, for which monetary damages may be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.

12.3 In addition to Clause 12.2 above, the Company may, at any time, with or without notice, terminate these Terms (or portion thereof) with You if:
- The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by the Company is, in the Company ’s opinion, no longer commercially viable;
- The Company has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- In the event the Company faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

12.4 The Company may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any additional terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the account information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your account (or any part thereof), and any User content uploaded by You; and (iii) prohibiting further use of the Services.

12.5 You agree that all terminations shall be made in the Company's sole discretion and that the Company shall not be liable to You or any third party for any termination, or Your access to the Website and Services.

12.6 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.

12.7 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive unless and until the Company chooses to terminate them.

13.1 These Terms and all transactions entered into on or through the Website and the relationship between You and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

13.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

14.1 When You use the Website or send emails or other data, information or communication to the Company , You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The Company will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

15.1 Notice: All notices with respect to these Terms from the Company will be served to You by email or by general notification on the Website.  
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15.2 Complaints, Claims: If You are not satisfied with Your flower shipment, please call Us IMMEDIATELY after opening Your boxes at +91 9900212889 AND email Us at hello@foglia-doro.com. All complaints must be communicated verbally and accompanied with digital pictures displaying all the flowers as delivered to You, within 4.5 hours of receipt of the product or Your claim shall not be accepted and no refund will be granted. In order to process Your claim, We may request digital pictures and/or return of all product (for quality inspection).   

15.3 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Company’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking Your prior consent. The Company may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. The Company shall have right to transfer Your account and account information to a third party who purchases the Company's business as conducted under the Website.

15.4 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. The Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.

15.5 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

15.6 Principal to Principal Relationship: You and the Company are independent contractors, and nothing in these Terms will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and the Company. It is clarified that both You and the Company have entered this agreement on principal to principal basis.

15.7 Force Majeure: If performance of any service or obligation under these Terms or other Agreement by the Company is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, epidemic, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Company or its third parties performing such services as sub-contractor to the Company and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Company shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder. 

15.8 Retention and Removal: The Company may retain such information collected from Users from the Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the applicable law. Computer web server logs may be preserved as long as administratively necessary. 

15.9 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of the Company for the purpose of this Agreement shall be Mr. Pradeep Noronha with email address: hello@foglia-doro.com.