Vendor Terms & Conditions
"
The App/website Hermesmeds are an internet-based portal owned and operated by Hermesmeds Private Limited, a company incorporated under the Companies Act, 2013 having registered office at 4/267 Thekkumpuram, Erimayur, Palakkad, Kerala 2. Hermesmeds Private Limited offers this App and Website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our App/ Website or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, Pharmacy’s, and delivery persons or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the app/website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the app/website following the posting of any changes constitutes acceptance of those changes.
Hermesmeds app is a user-friendly app enabling users to easily search and order any medicines and personal care items. It enables vendors to list their store on Hermesmeds platform and use it for increasing their sales. Hermesmeds will act as a marketplace for vendors to list/sell their products. can also upload a prescription image for added convenience. Our services are subject to the terms and conditions set forth below. Your use of Hermesmeds services indicates your agreement to be bound by our terms and conditions. Hermesmeds never sell your personal information like phone number, address, or email Id with any third party. We may change the terms from time to time and it is the current version which will apply to each order when you place it. We will notify you of changes to the Terms by email. Please read the Terms carefully and make sure that you understand them For Hermesmeds, Vendors need to provide inventory details of their pharmacy/store. On successful inventory verification, Hermesmeds will list vendor's inventory on its app platform. With app platform a vendor will be able to sell their products to Hermesmeds
customers. In case of any wrong or damage product received by Hermesmeds customer, Vendor can replace it with another same product. Compensation shall be provided inform of return products and no cash will be given to customers. Vendor might get regular updates through calls/ SMS/ emails/ App notification. In case of price change or any shortage of products then vendor must inform Hermesmeds. note, a vendor should serve a customer anyhow if it accepts order.
The Company and the app/Website merely provide hosting and technology intermediary services to you and persons browsing visiting the app/ website. All items offered for sale on the app and website the content made available by the Retail Pharmacies, are third party user generated contents and third-party products. The Company has no control over such third-party user generated contents and/ Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Retail Pharmacies through the app/website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website. The Company does not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Retail Pharmacies on the app/website. The right, title, claim or interest in the products sold through the app/website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the app/website. The Company is not responsible for delayed, non- performance or breach of contract entered into between you and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on the app/website; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the app/website at the time of placement of order by You.
We each agree to work in good faith with one another on certain collaborative projects, (as described below) or other projects as we mutually agree, in connection with the item(s), which include medicines, other licensed drugs and health products made available [each an “Item(s)”] via the Hermesmeds App. Each project will be further specified in an Addendum, and any such project will only be undertaken once we mutually execute such Addendum.
The suggested search term(s) or Pharmacy item(s) visible on the Hermesmeds App is the general availability of Item(s) during the Pharmacy normal business hours. Pharmacy customers (the “Buyers” and/or “Hermesmeds App Users”/” User(s)”) may select Item(s) from the displayed search term(s)/listing(s) on the Hermesmeds App.
The “Hermesmeds app for vendors” will be made available to the Pharmacy to access on-demand logistic services by Delivery Partners. For the sake of clarity, neither Hermesmeds nor its affiliates provide any delivery or logistics services, but Hermesmeds provides a platform for outlets like yours to connect with Delivery Partners for delivery services and to receive demand prediction, payment processing and related information services in connection with the sale of the Items. “Delivery Partner” is defined as an independent contractor who intends to provide on demand delivery services using Hermesmeds proprietary technology platform under license from Hermesmeds or one of its affiliates. Hermesmeds will not have any obligation to deliver the Item(s) as a platform provider. For purposes of delivery of the Items, Hermesmeds and the Delivery Partners shall operate (i) under cover of any approval, license or permission required to operate your business at the pharmacy Outlet and sell the Item(s) and (ii) under your control, as your agent (including but not limited to receipt agent of Item charges and based on your instructions, if applicable, apply the Item charges collected on your behalf towards disbursal of the fee payable by you to Delivery Partner), and not employee. For the sake of clarity, you, through the services provided by Delivery Partners, are responsible for the delivery of Items and you maintain possession, control and care of the Items at all times. You shall have marketable legal right and title to sell the products or render the services. You shall not offer any products or services which are illegal, unlawful, expired and in violation of applicable laws and policies. Hermesmeds will not be liable for any damage or loss incurred by the Users in relation to the delivery of the Items and will follow reasonable guidance you provide regarding the delivery of the Items.
Item(s). Hermesmeds will provide you reasonable advice regarding demand prediction, which you may use in connection with your determination of the quantity and type of Items made available via the Hermesmeds App. You are fully responsible for quality, safety and delivery of the Items and you shall adhere to all applicable laws and regulations in relation to the preparation, provision, packaging, and delivery of the Items. You will determine any quality, portion, size, ingredient or other criteria (including those of laws and regulations) that apply to the Items (“Criteria”) and you are solely responsible for ensuring that the Items meet such criteria when then are made available via the Hermesmeds App. In the event of failing to provide Items that adhere to the Criteria (each, a “Substandard Item”), Hermesmeds is under no obligation to make such Substandard Items available for sale via the Hermesmeds App.
Taxes. You are responsible for determining and setting the retail price (“Retail Price”) for each Item and duly informing Hermesmeds from time to time, including any Item discount(s)/discounts on offer from time to time. You shall be the “retailer” or “seller” of all Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods and services tax) (“Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by you with the government treasury within stipulated timelines. Except as may be expressly agreed in this Terms, each party shall be responsible for its expenses and costs during its performance under this Terms.
Item Inventory. You maintain title to all Item inventory until each Item is delivered to a User. You are responsible for the costs of all Items. Whenever a User wishes to avail Items or Service as identified by the App, Hermesmeds will notify the Pharmacy Partner of the specifications and particulars of the order as is received from the User. Upon receipt of an order request from a User, the Pharmacy Partner shall keep ready the product or provide any service as required by the User. In the event the specifications are not sufficient for the Pharmacy Partner to process any order, the Pharmacy Partner must seek further information as required.
Notwithstanding these Terms, Hermesmeds reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Pharmacy Partner which includes, but is not limited to, the following instances:
· (i). User/Buyer complaints received by Hermesmeds which are directly or indirectly attributable to the quality of item(s) provided by the Pharmacy Partner either through poor ratings, as defined by Hermesmeds, through calls placed with Hermesmeds or through any other means.
· (ii). Sale of medicines requiring a prescription, without one to the User or the sale of medicines which are below the standard quality or prohibited from sale under any law.
· (iii). Breach of the provisions of the Drugs and Cosmetics Act, 1940 and the rules, including any other law applicable to the Pharmacy Partner.
· (iv). Breach of the representations and warranties of the Pharmacy Partner; or
· (v). Any other material breach of the terms.
Notwithstanding anything contained under this Terms, Hermesmeds has the right to immediately delist any of the item(s) from the Platform, which is not in compliance with applicable law or the rules or regulations, made thereunder.
You are responsible for costs related to reimbursement to the Users in the event Users have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Pharmacy Partner, including but not limited to, User’s expectations not being met or User dissatisfaction in relation to among other things the quality of the Item(s), undelivered Item(s), discrepancy in the Item(s) delivered which is not in accordance with the Item placed and/or those Item(s) for which User requests for a replacement. (“Disputed Orders”) Any such User(s) request a refund for any Item(s) (including, without limitation, any costs associated with retrieving any such Item(s), if applicable), for reasons that are considered by Hermesmeds in its sole discretion as reasonable, for (i) request by the Users of refund or (ii) acceptance by the Delivery Partner of the request. Hermesmeds may deduct refunds from the payment made to you under these Terms.
It is clarified that Hermesmeds shall not be liable to make any payment for a Disputed Order. Hermesmeds shall reserve the right to recover from Pharmacy Partner, the amount paid to Users/Buyers as refund up to the order value.
In case of complaints from the User pertaining to item quality, or any other such issues, Hermesmeds shall notify the same to Pharmacy Partner and shall also redirect the Buyer to the consumer call centre of the Pharmacy. Pharmacy Partner shall alone be liable for redressing and bound to act on the complaints by the User. Hermesmeds has the right to share with the Pharmacy Partner, the relevant information including the Pharmacy details to enable satisfactory resolution of the complaint. Hermesmeds shall in the interest of satisfactory resolution of the Complaint, share with the User, relevant information pertaining to the Order along with Pharmacy details.
Service Fee. In consideration for use of the Hermesmeds App, Hermesmeds will charge you a service fee as specifically set forth on each applicable Addendum as well as the Letter. All fees under these Terms shall be paid in Indian Rupees
Term and Termination: Either Hermesmeds or the Pharmacy Partner can terminate this contract providing 15 days’ prior written notice to the other. Hermesmeds shall delist the Pharmacy Partner at the end of the 15th Day. Upon termination in accordance with the terms hereof, Pharmacy Partner shall only be required to service Item(s) already placed through Hermesmeds prior to such expiry or earlier termination of these Terms, and Hermesmeds shall be entitled to receive Service Fee for such Item(s).
This Terms of Use shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with Services, which the Parties are unable to settle within 30 days, shall be referred to arbitration by a sole arbitrator appointed mutually by both Parties. The Arbitration shall be conducted in accordance with Arbitration and Conciliation Act, 1996 or any statutory re-enactment or modification thereof for the time being in force. The venue of the arbitration shall be Palakkad and the arbitration shall be conducted in English or Malayalam language. Subject to the foregoing, the courts at Palakkad shall have exclusive jurisdiction.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use which can be given effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated.
The Parties agree that nothing in this Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees.
Reporting Hermesmeds will give you information regarding the number of Items picked up by Delivery Partners and sold by you to the Users pursuant to the Terms. The Pharmacy Partner shall maintain such documents to record the proof of delivery of product or performance of service. Without prejudice to the generality of the aforesaid, Pharmacy shall routinely and at such time intervals provide such reports and, in such formats, as may be specified by the Company.
Service Fee. In consideration for Hermesmeds lead generation, demand prediction, payment processing and other related services provided via the Hermesmeds App under the Terms, Hermesmeds will charge you a service fee, agreed under the Letter and reiterated (exclusive of Indirect Tax and withholding tax, if any) on Item Value, as defined under the Letter or (the “Service Fee”) This Service Fee is charged as consideration for expediting the Users’ orders via the Hermesmeds App.
Remittance. Hermesmeds will remit to you the total (i) Item Payment (including any Indirect Tax collected on your behalf but reduced by the Service Fee, amounts remitted to Delivery Partners under your instructions and tax deduction/ collection at source) earned by you, (ii) less any refunds given to your customers or Users (such final remitted amount being the “Item Revenue”).
Item Revenue received by Hermesmeds from the User on behalf of the Pharmacy Partner will be settled into the Pharmacy Partner’s bank account, details of which are set forth in Addendum. Settlement of transaction payments shall be within the time period as set forth by the guidelines of the Reserve Bank of India, where applicable. The Pharmacy Partner agrees to provide such documents and information necessary or as may be sought by a payment facilitator or bank to enlist the Pharmacy Partner as a payee of Hermesmeds. The Pharmacy Partner agrees that for this purpose, information about and provided by the Pharmacy Partner will be shared with a payment facilitator or bank.
"