UPON ACCEPTING, YOU (hereafter referred to as the “Service Provider” or “You”) AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. PLEASE READ THESE TERMS OF USE CAREFULLY.

1. Among its other activities, HOMOEOCORP is a technology-enabled homoeopathic healthcare provider, as evidenced by its mobile application, www.homoeocorp.com, and any other platform that it may offer (collectively, the “Website”). The Website enables the provision of diagnostic services by us and/or different third-party diagnostic centers (“Diagnostic Services”), online consultation services provided by various licensed medical practitioners (“E-Consultancy”), and pharmaceutical services provided by third-party pharmacies (“Pharmacy Services”). These services are collectively referred to as “Services.

(From now on, depending on the situation, you and the Company will be referred to as each as a “Party” and as a group as the “Parties.”)

2. Definitions (as they relate to You):

“End Customer” refers to the client or You who has made an order via the website for the goods or services and is prepared to buy the goods or use the services from Us and/or the company’s affiliated suppliers via the website.

2. Any location that the Parties mutually decide to designate as their operational area within a state, city, or union territory is referred to as the “Location” for the purposes of Service Provider delivery.

3. An “order” is an online purchase made by an end user of the company’s website for goods or services.

4. “Product” refers to the items that the End User has ordered through the website .

5. “Service Provider” refers to the order-generating vendor who will work to advertise the Services provided by the Company by making it easier for customers to acquire Products/Services through the Website and, if necessary, also offering delivery and cash pick-up services.

6. “Successful Delivery” refers to the procedure of picking up the product from the appropriate location—the company’s warehouse or a pre-arranged pickup location—and giving it to the end user. Delivery comprises, if applicable, reverse pick-up, forward delivery, and payment collection.

3. Configuration/Range:

1. Functions and obligations of the service provider (relevant based on the nature of the agreement with You):

1. You will make an effort to advertise the services that the company provides by helping its clients purchase services on the company website.

2. You can help clients use the website to access the services the company offers by helping them (when needed).

3. The Company and You have a principal-to-principal relationship.

4. The products will be delivered forward by the service provider, who will either personally deliver them or send an agent to do so. The provider and the company will arrange for the product to be picked up at the agreed-upon place so that the end customers can make the delivery.

In order to fulfill their commitments, the service provider must ensure that the products are handled with reasonable care and safeguards, whether for delivery, returns, or other purposes. 

iii. Upon delivery of the Products, the Service Provider shall see to it that a document (henceforth referred to as the “POD”) with the signatures of the End Customer or Representative is obtained.

iv. Should the Service Provider be unable to deliver the Products to the End User, they will promptly notify the Company of this and begin the Return/RTO of those Products within the timeframes that have been periodically agreed upon between the parties.The service provider will always represent the end user and fulfill the order within the allotted time frame.

5. Product returns, return-to-owner agreements, and reverse pickups: i. The service provider shall retrieve products that the end user refuses to accept for any reason and return them to the company staff or warehouse at a location that the parties have mutually decided upon.

ii. The Company will see to it that the Products are accepted by the Company staff and/or warehouse in accordance with the terms of the agreement, unless there are extenuating circumstances, such as Product damage that may be attributed to the Service Provider’s or the End User’s willful negligence.

iii. At the time of delivery, the Service Provider must get the signature of an employee of the Company and provide the Company with any PODs that the Company may need.

6. Cash Pickups:

 i. Should there be a cash on delivery option, the service provider will take payment in cash (pure Indian Rupees only) for the amount shown on the shipping label. The money that is collected will be kept in trust for the company and will be sent into the company’s bank account without any deductions within a day of the collection. The Company will give the Service Provider access to the Company’s bank account details;

 ii. In the event that the Service Provider falsifies or delays depositing the funds received, or takes longer than 24 hours to deposit the funds than stated in the invoice, the Company will be entitled to reimbursement. Any money that is not yet sent to the company will be adjusted.

 2. The Company’s roles and responsibilities (as relevant based on the kind of agreement with You):

     1. In compliance with the terms and conditions and offer description determined by the company, the offer will be made to the discount              coupons of the company (the “Offer”). Nevertheless, the Company may periodically alter the Offer at its sole discretion, informing the Service Provider by email or through any other channel of contact.

  2. The Service Provider will pick up the Products for the end customers who are located at specific pin codes that the Company has informed it of. The Company may assign specific pin codes to the Service Provider. The pin codes given to the Service Provider may occasionally be changed, added, or removed by the Parties.

 3.The Service Provider and the Company will periodically exchange information regarding how frequently the Service Provider will deliver orders at a predetermined location for first-mile delivery. At a rate agreed upon by the Parties, the Company will give the Service Provider the necessary support for branding and promotions, including marketing collateral.

4. The Service Provider and the Company will periodically discuss how frequently the Service Provider will deliver orders to a pre-designated location for first-mile delivery. At a price agreed upon by the Parties, the Company will give the Service Provider the necessary support for branding and promotions, including marketing collateral. 

4. Business Promotion: Service Provider consents to use Company’s banner, posters, stickers, and other promotional materials, such as an advertisement placed by Company in the local newspaper, in order to promote Services. Service Provider may also use any other content that Company may from time to time communicate to it. Without written or electronic consent from the Company, Service Provider is not permitted to use any content or materials that are not supplied by the Company for advertisements. Prospective clients will not receive any offers or benefits in any way other than the Offer that the Company has agreed upon.

5. Service Provider’s Representations and Warranties: You hereby represent and warrant to the Company (which has been persuaded to enter into these Terms and the transactions herein) as follows:

1. You acknowledge that the Company has relied on the completeness and accuracy of such representation, warranty, and covenant in entering into these Terms, and that you are able to enter into these Terms and fulfill your obligations under them.

2. That by using the intellectual property that the Company is authorized to use, You will not be in violation of any applicable laws. The Company is the legal and beneficial owner of the intellectual property used by You during the course of the arrangement mentioned herein, or it is duly licensed to use and sublicense the same.

3. You promise to abide by all applicable laws when carrying out your obligations and exercising your rights under these terms, including, but not limited to, all laws that apply to the Company in connection with the provision of services covered by these terms, direct and indirect tax laws, such as the GST Law or any other statutory levies, cess, or duties, labor laws, and any other laws, rules, regulations, or government orders that may be relevant to You.

4. You hereby acknowledge and understand that You may have access to certain End Customer data and/or documents, such as prescription drugs, while providing the Services under these Terms. In addition, you agree to provide the information about the End Customer that they have provided about themselves in a diligent and accurate manner, making sure that all details are true, accurate, and up-to-date, and that they do not engage in any form of tampering, alteration, manipulation, or falsification of the information/documents (if any) provided by the End Customer for the purpose of using the Services.

6. Consideration: In exchange, the Service Provider on Completed Orders (as defined below) shall receive from the Company a Fee (as defined below), ascribed to the service provider in accordance with the use of a pre-arranged coupon code, UTM code, or other methods that the parties have mutually decided upon in writing or via email.

1. However, as agreed upon by You and the company via the Website, in writing, or by Email correspondance , the “Fee” will be set percentage of the Order Value (As defined below) 

1. “Order value” refers to the invoice amount after all deductions are taken into account, including any applicable taxes, discounts, rebates, cashback, loyalty points, delivery, packaging, handling, and other charges associated with the company’s promotions.

2. In exchange, if both parties agree in writing or by email to cover the cost of logistics incurred by the service provider, the company may offer an additional commission (applicable if the service provider is also providing the delivery services). 

2. Completed Order” will refer to: 

(a) a pharmacy service order that has been completed in every way, the required Order Value has been paid in full, the return period has passed, and the customer did not opt for the return facility; 

(b) a diagnostics service order that has had medical testing completed, the Order Value has been paid in full, and the customer has received a report; and 

(c) an e-consultancy order that has had the Order Value paid in full and the customer has used the services provided by one or more registered medical practitioner(s).

7. Security Deposit (applicable if the service provider also handles the delivery of services):

1. In the event that it applies, You agree to make a one-time, refundable, interest-free deposit (a “Security Deposit”) to the Company at the time of onboarding, as agreed upon in writing or by email between You and the Company over the Website. This amount excludes all applicable taxes. The service provider is responsible for raising the security deposit to the extent that it represents at least 10% of the total amount of money collected from the end user in the previous month if the cash collected by the provider from Orders in the preceding month exceeded ten (10) times the security deposit. 

2. Any adjustment or decrease in the Security Deposit (as specified in 3.1.5 above) will be your responsibility to make up.

3. Onboarding Fee (if applicable): You agree to pay the Company a one-time, non-refundable, interest-free fee (the “Onboarding Fee”) for the company to onboard you after the parties have mutually agreed upon the amount over the website in writing or by email. This amount does not include any applicable taxes. 

8. Invoice: Based on the successfully delivered or completed order that has been reconciled at the end of each month, the service provider will raise an invoice each month that includes the fee that the company must pay. The company will create thepayment to Service Provider as agreed upon by the Parties in writing or via email according to the cycle of payments, but no later than 30 (thirty) days after the Company receives a valid invoice. If the company finds discrepancies in the invoice, it may request the necessary explanations or corrections within 15 (fifteen) days of receiving the invoice, and it may withhold payment until those explanations or corrections are given.

The company shall have the right to adjust and withhold the amount equivalent to the amount mentioned on the invoice and not reflecting in the GST portal in the event that the service provider’s raised invoice is not in compliance with GST laws or that the service provider has not duly filed the GST returns (if/as required by law). The company’s withheld payment will be released following invoice correction or GST return filing.

9. Indemnification: You agree to immediately defend and hold harmless the Company and its officers, directors, employees, and agents from and against any and all liabilities, costs, and expenses (including reasonable attorney’s fees) incurred or suffered, or to be incurred or suffered, by the Company that arise out of or in any way relate to, or result from any non-disclosure, breach of intellectual property rights, breach or misrepresentation by You of any of the provisions of these Terms, or from Your negligence, fraud, or willful misconduct, or from Your non-compliance with any applicable laws, or from Any demand, suit, action, or proceeding brought by a third party that involves, relates to, or concerns a violation or other breach by You of any of the terms of this Agreement.

10. Governance and Resolution of Disputes: The laws of India shall apply to these Terms and any contractual obligations between the Parties, without regard to principles of conflict of laws. The courts in New Delhi shall have exclusive jurisdiction over any action or proceeding pertaining to the access to, or use of the Website by, any Other Party or these Terms. By mutual agreement between the Parties, a single arbitrator will arbitrate all disputes in New Delhi in English under the Arbitration and Conciliation Act, 1996.

11. Termination and Amendment: The Service Provider and the Company may both end these Terms by sending the other party an email or by providing written notice to the other party for a period of fifteen (15) days in advance. Company expressly reserves the right to immediately terminate this agreement upon any breach of the terms and conditions of this agreement, including by email.

The payment schedule that You and the Company agreed upon in writing or via email correspondence will be fully and finally settled in the event of termination. 

Should the Service Provider engage in dishonest or fraudulent activities, the Company maintains the right to file a lawsuit, levy fines equal to the amount owed to the Service Provider, forfeit the Security Deposit, and/or end the agreement immediately.

The Service Provider shall reimburse the Company for any unpaid balance in the event of termination. If a security deposit is made with the company, adjustments may be made by the company.

12. Standard Terms: Please take note that the services provided by the company are subject to these terms as well as the terms of use found at https://www.1mg.com/Tnc. The service provider also agrees to supply any documents the company may need from it during the duration of this agreement. These Terms are subject to change at any time by the Company. Any modifications will, among other things, (i) be posted on the Website and, second, take effect right away. It is your responsibility to periodically check these Terms as they are updated on the Website, and you acknowledge and agree that you will be bound by any such changes or modifications.

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