These Terms of Service govern access to the website at nareshdulani.com and the engagement of advisory services provided by Naresh J. Dulani, Sole Proprietor (the "Practice").
These Terms are governed by the laws of the Republic of India and are intended to be enforceable in conjunction with the consumer-protection and electronic-commerce regimes applicable to the Client in the Client's jurisdiction. Defined terms used in these Terms bear the meanings given in clause 1. By accessing the Site or engaging the Services, the Client is taken to have read and accepted these Terms.
01Interpretation and Definitions
1.1 In these Terms of Service (the "Terms"), the following capitalised expressions have the meanings set out below. The singular includes the plural and vice versa, and references to a clause are references to a clause of these Terms.
"Applicable Law" means all laws, statutes, regulations, rules, and orders that apply to the Practice, the Services, the Site, or the Client, including the Indian Contract Act, 1872, the Consumer Protection Act, 2019, the Information Technology Act, 2000 and rules thereunder, the Central Goods and Services Tax Act, 2017, the Income-tax Act, 1961, the Foreign Exchange Management Act, 1999, and any successor or analogous legislation.
"Client", "you", or "your" means the natural or juristic person engaging the Services or accessing the Site, and, where the Client is a juristic person, the natural person executing these Terms on its behalf, who warrants the authority to do so.
"Engagement" means an instance of advisory services to be provided by the Practice to the Client, the scope, deliverables, fee, and timeline of which are agreed in writing between the parties.
"Fees" means the amounts payable by the Client to the Practice in respect of an Engagement.
"Practice", "we", "us", or "our" means Naresh J. Dulani, a sole proprietor practising under the trade name "Dr. Naresh J. Dulani – Global Scientific Vastu Advisory", further identified in clause 27.
"Privacy Policy" means the privacy policy of the Practice published at /privacy-policy, as amended from time to time.
"Refund Policy" means the refund and cancellation policy of the Practice published at /refund-policy, as amended from time to time.
"Services" means the advisory engagements, consultations, reports, and ancillary services offered by the Practice from time to time.
"Site" means the website operated at the domain nareshdulani.com and any subdomain thereof.
02Acceptance, Engagement, and Eligibility
2.1 These Terms constitute a legally binding agreement between the Practice and the Client. By accessing the Site, booking a consultation, completing a payment to the Practice, or otherwise engaging the Services, the Client is deemed to have read, understood, and accepted these Terms, the Privacy Policy, and the Refund Policy, each of which is incorporated by reference.
2.2 If the Client does not agree to these Terms, the Client shall not access the Site or engage the Services.
2.3 The Client warrants that the Client is of the age of majority in the Client's jurisdiction (and in any event eighteen (18) years of age), has the legal capacity to enter into a binding contract, and, where engaging the Services on behalf of a juristic person, has been duly authorised to do so.
2.4 A binding Engagement exists only when (a) the Practice has communicated written acceptance of the scope, the deliverables, and the Fees, and (b) the Fees, or such part as is agreed in writing, have been received in cleared funds.
03The Services
3.1 The Practice provides advisory services in the field of scientific spatial intelligence, applied to residences and estates, corporate ecosystems, industrial infrastructure, and master-planned developments. The Services may include site visits, remote consultations, written reports, design reviews, follow-up correspondence, and other deliverables specified in the Engagement.
3.2 The Services are advisory in nature. They are not architectural design certified for construction approvals, structural engineering, medical advice, financial advice, investment advice, legal advice, or any other regulated profession. The Client is responsible for obtaining the opinion of an appropriately qualified professional in any adjacent discipline where required.
3.3 The Practice does not guarantee any specific commercial, financial, health, relational, spiritual, or investment outcome attributable to the Services. The Practice's obligation is to apply its methodology with reasonable professional care and skill.
04Bookings, Rescheduling, and Cancellation
4.1 Initial enquiries may be submitted through the Site or through the appointment-scheduling subprocessor (Calendly LLC), the terms of which apply in addition to these Terms when the Client makes use of that service.
4.2 An appointment is confirmed only on the issuance of a written confirmation by the Practice. Confirmation by the scheduling subprocessor alone does not create a binding Engagement until the Practice has communicated its acceptance.
4.3 Cancellation, rescheduling, and refund of any Engagement are governed by the Refund Policy, which is incorporated by reference into these Terms.
05Fees, Invoicing, and Taxes
5.1 The Fees for each Engagement are quoted on a per-project basis, having regard to the scope, complexity, and geography of the Engagement. Fees are quoted in Indian Rupees (INR) unless otherwise agreed in writing.
5.2 All Fees are exclusive of applicable taxes. Goods and Services Tax (GST) at the prevailing rate, and any equivalent indirect tax in the Client's jurisdiction that is required to be collected by the Practice, shall be added to the Fees and payable by the Client.
5.3 A tax invoice shall be issued in accordance with the Central Goods and Services Tax Act, 2017 and the rules thereunder upon successful receipt of payment.
5.4 Where the Client is in arrears, the Practice may, at its sole discretion, suspend performance of any ongoing Engagement and withhold the delivery of any reports or deliverables until the arrears are cleared.
06Payment Processing
6.1 Payments are processed by Razorpay Software Private Limited ("Razorpay") through a Razorpay-hosted payment page linked from the Site. Use of the Razorpay payment page is subject to Razorpay's own terms of service and privacy policy.
6.2 The Practice does not collect, view, or store full payment-card numbers, card verification values, expiry dates, internet-banking credentials, or unified-payments-interface PINs. All such data is handled within the PCI-DSS-certified environment of Razorpay. The Practice receives only transaction confirmations and metadata of the kind described in the Privacy Policy.
6.3 The Practice intends to introduce Stripe, Inc. as an additional payment processor for transactions in foreign currency. Upon activation, the foregoing provisions shall apply mutatis mutandis to Stripe, and a notice shall be displayed on the Site.
6.4 For international payments, currency conversion is performed by the payment processor and the Client's issuing bank at their prevailing rates. The Practice accepts no responsibility for currency-conversion losses, foreign-transaction fees levied by the issuing bank, or third-party intermediary charges.
6.5 Cross-border payments to the Practice are governed by the Foreign Exchange Management Act, 1999 and the regulations made thereunder. The Client warrants that any such payment is permitted under the foreign-exchange regime applicable to the Client.
07Refunds and Cancellation
7.1 All purchases are non-refundable save as set out in the Refund Policy. The Refund Policy is incorporated by reference into these Terms and shall be read together with this clause.
7.2 Refund requests, exception claims under the Refund Policy, and rescheduling correspondence shall be addressed to payments@nareshdulani.com.
08Client Obligations and Conduct
8.1 The Client shall:
- provide accurate, current, and complete information when booking the Services or making any payment;
- cooperate in good faith with the Practice's reasonable requests for documentation, site access, plans, photographs, or other materials necessary for the performance of the Engagement;
- use the Site and the Services only for lawful purposes and in compliance with the Applicable Law;
- not infringe the rights of any third party, including intellectual-property rights, privacy rights, or publicity rights;
- not attempt to gain unauthorised access to the Site, the Practice's servers, or any associated networks; not introduce malicious code; and not conduct any automated scraping, harvesting, or use of bots without the prior written consent of the Practice;
- not impersonate any person or entity, nor misrepresent any affiliation with any person or entity.
09Confidentiality
9.1 Each party shall keep confidential all information of the other party that is identified as confidential or that, by its nature, ought reasonably to be regarded as confidential, including property plans, business plans, financial information, personal information of natural persons connected with the Client, and the Practice's recommendations and methodology.
9.2 The obligation in clause 9.1 does not apply to information that (a) is or becomes publicly available otherwise than through a breach of these Terms, (b) was lawfully in the receiving party's possession before disclosure, (c) is received from a third party not under any duty of confidentiality, or (d) is required to be disclosed by law, court order, or a binding regulatory request.
9.3 The Practice may publish anonymised case studies, testimonials, or summaries describing Engagement outcomes only with the prior written consent of the Client and in a form that does not identify the Client without further permission.
10Intellectual Property
10.1 All content on the Site, including text, graphics, photographs, videos, audio, logos, trademarks, and source code, is owned by or licensed to the Practice and is protected by the intellectual-property laws of India and international treaties to which India is a signatory.
10.2 Except as expressly permitted by these Terms or by Applicable Law, the Client shall not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content on the Site without the prior written consent of the Practice.
10.3 All reports, recommendations, plans, drawings, and other deliverables prepared by the Practice in the course of an Engagement (the "Deliverables") remain the intellectual property of the Practice. Upon full payment of the Fees for the relevant Engagement, the Practice grants the Client a non-exclusive, non-transferable, perpetual, royalty-free licence to use the Deliverables for the personal or internal business purposes of the property or organisation for which they were prepared. The Client shall not resell, republish, sublicense, or commercially exploit the Deliverables.
10.4 The methodology, frameworks, know-how, and underlying techniques applied by the Practice ("Practice IP") are and shall remain the exclusive property of the Practice. The Client shall not reverse-engineer the Practice IP, derive competing products from it, or train any machine-learning model on the Deliverables.
10.5 Client content licence. Where the Client uploads, submits, or otherwise provides content to the Practice through the Site or through any chat, AI-assistant, booking, or payment interface (including testimonials, photographs, drawings, plans, floor layouts, written submissions, and audio or video recordings) ("Client Content"), the Client grants to the Practice a royalty-free, non-exclusive, worldwide, sub-licensable, transferable licence to host, store, reproduce, adapt, translate, transmit, and create derivative works from such Client Content, solely for the purposes of (a) performing the Engagement, (b) operating, securing, and improving the Site and the Services, and (c) preparing anonymised case studies or testimonials, the publication of which shall be undertaken only in accordance with clause 9.3. The Client warrants that it has all rights necessary to grant this licence and that the Client Content does not infringe the rights of any third party.
11AI-Assisted Communications and Booking Systems
11.1 The Practice may, from time to time, deploy artificial-intelligence-based or machine-learning-based systems (the "AI Tools") to triage enquiries, schedule consultations, draft routine correspondence, and qualify the fit between an enquirer's needs and the Services.
11.2 The Client acknowledges that:
- communications conducted through any chat or AI-assistant interface are recorded and stored in accordance with the Privacy Policy;
- output of the AI Tools is conversational and informational, does not constitute advisory output, and does not create a consultant-client relationship until a written Engagement is agreed and the Fees received;
- booking confirmations, calendar invitations, and payment receipts may be delivered through third-party systems, the terms of which apply in addition to these Terms;
- the Client may at any time request that an enquiry be handled by a natural person rather than an AI Tool, by writing to the Grievance Officer named in clause 27.
11.3 The Practice does not subject the Client to decisions based solely on automated Processing that produce legal or similarly significant effects on the Client. Any material change to the use of automation shall be reflected in an amendment to these Terms and to the Privacy Policy.
12Disclaimer of Warranties
12.1 The Site and any content available through it are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, title, or non-infringement, except to the extent that such warranties cannot be excluded under the Applicable Law.
12.2 Without limiting clause 12.1, the Practice does not warrant that (a) the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, (b) any defect will be corrected, or (c) the Site or any server that makes it available will be free of malicious code at all times.
12.3 Any third-party content, link, advertisement, or service accessed through the Site is not endorsed by the Practice; the Practice is not responsible for the content, accuracy, or practices of any third party.
13Limitation of Liability and Indemnification
13.1 To the maximum extent permitted by the Applicable Law, the aggregate liability of the Practice to the Client, arising out of or in connection with the Site or the Services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total Fees actually paid by the Client to the Practice in respect of the Engagement giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.
13.2 The Practice shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage, including loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of data, business interruption, or any other intangible loss, even if the Practice has been advised of the possibility of such loss or damage.
13.3 Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or any liability that cannot be limited or excluded under the Applicable Law.
13.4 The Client shall indemnify, defend, and hold harmless the Practice, its personnel, agents, and successors against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to (a) the Client's breach of these Terms, (b) the Client's misuse of the Site or the Services, (c) the Client's violation of any Applicable Law or the rights of any third party, or (d) the Client's provision of false or misleading information to the Practice.
14Anti-corruption, Sanctions, and Non-circumvention
14.1 Each party shall comply with all anti-bribery and anti-corruption laws applicable to it, including the Prevention of Corruption Act, 1988 of India, the United States Foreign Corrupt Practices Act of 1977, and the United Kingdom Bribery Act, 2010. Neither party shall offer, promise, give, request, or accept any financial or other advantage to or from any person with the intention of influencing the performance of these Terms.
14.2 Each party warrants that it is not, and the payment, performance, or receipt of the Services does not cause it to be, a party that is the target of sanctions administered by the United Nations Security Council, the European Union, the United States Office of Foreign Assets Control, or any other relevant sanctions authority.
14.3 During the term of any Engagement and for a period of twelve (12) months following its conclusion, the Client shall not, without the Practice's prior written consent, directly or indirectly solicit for employment, engage as an independent contractor, or seek to circumvent the Practice in respect of any person introduced by the Practice in the course of the Engagement.
15Termination and Survival
15.1 The Practice may suspend or terminate the Client's access to the Site, or terminate an Engagement, with immediate effect on written notice, where the Client commits a material breach of these Terms, engages in fraudulent or unlawful conduct, fails to make timely payment of the Fees, or where, in the Practice's reasonable judgment, continuation would be inappropriate or unsafe.
15.2 Termination shall not affect the rights, obligations, or liabilities of either party that have accrued prior to the date of termination. Clauses that by their nature should survive termination — including clauses 9 (Confidentiality), 10 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability and Indemnification), 14 (Anti-corruption, Sanctions, and Non-circumvention), 17 (Notices), 19 (Governing Law), and 20 (Dispute Resolution) — shall so survive.
16Force Majeure
16.1 Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, governmental action, terrorism, war, civil disturbance, strike, internet or telecommunication failures, or failure of third-party services.
16.2 The party affected shall promptly notify the other in writing of the force-majeure event and the anticipated duration of its effect, and shall take reasonable steps to mitigate the impact. Where the event continues for more than sixty (60) days, either party may terminate the affected Engagement on written notice, without further liability save in respect of obligations accrued prior to termination.
17Notices and Electronic Communications
17.1 Any notice given under these Terms shall be in writing and shall be delivered by hand, by registered post, by recognised courier, or by electronic mail to the addresses set out below (in the case of the Practice) or to the last address notified by the Client to the Practice (in the case of the Client).
17.1.1 General and contractual notices to the Practice (including termination notices, change of address, and any communication concerning the performance of these Terms) shall be sent to notices@nareshdulani.com and concurrently to the registered postal address of the Practice set out in clause 23.
17.1.2 Legal process and notice of claim(including pre-litigation demand letters, statutory notices, and service of court process where service by email is permitted) shall be sent to legal@nareshdulani.com and concurrently to the registered postal address of the Practice set out in clause 23.
17.1.3 Data-protection complaints and grievances under the Digital Personal Data Protection Act, 2023 or any analogous legislation shall be sent to the Grievance Officer at grievances@nareshdulani.com.
17.1.4 Refund, cancellation, and rescheduling correspondence shall be sent to payments@nareshdulani.com in accordance with the Refund Policy.
17.2 Each party consents to the use of electronic records and electronic communications for the conclusion and performance of contracts under these Terms, in accordance with section 10A of the Information Technology Act, 2000 and any analogous provision of the Applicable Law to the Client. Electronic communications meeting the requirements of these Terms shall have the same legal effect as a writing under hand.
17.3 A notice by hand, registered post, or courier shall be deemed received on the date of delivery; a notice by electronic mail shall be deemed received on the date of successful transmission, save where the sender receives an out-of-office or non-delivery notice, in which case it shall be deemed received on the date a substitute notice is delivered.
18Miscellaneous
18.1 Entire agreement. These Terms, together with the Privacy Policy and the Refund Policy, constitute the entire agreement between the parties in respect of the subject matter and supersede all prior agreements, representations, and understandings.
18.2 No partnership or agency. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or to incur obligations on its behalf.
18.3 Assignment. The Client shall not assign, transfer, or sub-contract any of its rights or obligations under these Terms without the prior written consent of the Practice. The Practice may assign these Terms to a successor in connection with a corporate restructuring, sale of substantially all of its assets, or transfer of the practice.
18.4 Waiver. No failure or delay by a party in exercising any right or remedy under these Terms shall operate as a waiver thereof; nor shall any single or partial exercise preclude any other or further exercise.
18.5 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.
18.6 Headings. Headings are inserted for convenience of reference only and shall not affect the construction or interpretation of these Terms.
18.7 Third-party rights. No person other than the Client and the Practice shall have any right to enforce these Terms.
18.8 Language. The English-language version of these Terms is the controlling version. Any translation is provided for convenience only. In the event of any inconsistency between the English version and any translation, the English version shall prevail.
19Governing Law
19.1 These Terms, the formation of any contract incorporating them, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict-of-laws principles.
19.2 The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
20Dispute Resolution; Class-Action Waiver
20.1 The parties shall first attempt in good faith to resolve any dispute, claim, or controversy arising out of or in connection with these Terms by direct negotiation between senior representatives. Grievances shall, in the first instance, be addressed to the Grievance Officer named in clause 27.
20.2 Where a dispute is not resolved within thirty (30) days of written notice from the aggrieved party, the dispute shall be referred to mediation under the rules of a recognised mediation centre located in Mumbai or Thane, Maharashtra. Each party shall bear its own mediation costs unless otherwise agreed.
20.3 Where mediation does not produce a resolution within sixty (60) days of referral, the dispute shall be finally settled by the courts of Thane, Maharashtra, which shall have exclusive jurisdiction, save for the right of either party to seek urgent injunctive or equitable relief from any court of competent jurisdiction.
20.4 Class-action waiver (where permitted). To the maximum extent permitted by the Applicable Law, each party waives any right to bring or participate in a class action, consolidated action, or representative action against the other in connection with these Terms or the Services. This clause does not apply to the extent its application would be unenforceable under the Applicable Law in the Client's jurisdiction.
21Statutory Rights Notice
21.1 Where the Client is a "consumer" within the meaning of the Consumer Protection Act, 2019 of India, or any analogous consumer-protection regime applicable to the Client, the Client's mandatory statutory rights under that regime shall not be excluded or limited by these Terms. Any provision of these Terms that purports to do so shall, in respect of that Client and to the extent of the inconsistency, be read down so as to give effect to the statutory right.
21.2 Nothing in these Terms is intended to prevent the Client from approaching the consumer redressal forums established under the Consumer Protection Act, 2019 or any equivalent body in the Client's jurisdiction in respect of any deficiency in service alleged in good faith.
22Amendments
22.1 The Practice may amend these Terms from time to time. Where an amendment is material, the Practice shall update the "Last reviewed" date displayed on the Site and, where appropriate, notify the Client by email or a prominent notice on the Site.
22.2 Continued use of the Site or the Services after the effective date of the amendment shall constitute acceptance of the amended Terms. A Client who does not accept an amendment may discontinue use of the Site and the Services, subject to any obligations that have accrued.
23Grievance Officer and Contact
23.1 Any notice, complaint, or communication concerning these Terms shall be addressed to the Grievance Officer named below, who has been designated under section 10 of the Digital Personal Data Protection Act, 2023.
Mr. Nitesh J. Dulani (Grievance Officer)104, Topaz, Tharwani Solitare, Maral Goan,
Kalyan 421301, Dist. Thane, Maharashtra, India.
Email: grievances@nareshdulani.com
23.2 Refund, cancellation, and rescheduling requests shall be addressed to payments@nareshdulani.com in accordance with the Refund Policy. The Grievance Officer may be approached only on escalation.