Terms of Service – For Healthcare Service Providers

1. INTRODUCTION

Grapes IDMR is a service provided by ‘Grapes Innovative Solutions’ with registered office at North Avenue, Chalakudy, Thrissur, Kerala, India. By using our applications, you agree to comply with the following.

Please read the Terms carefully, as they contain important information about your legal rights, remedies and obligations. These Terms constitute a legally binding agreement governing your access to and use of the Program. If you do not understand or do not accept any part of these Terms, do not use the Program.

By accepting these Terms, you represent and warrant that:

  • You are 18 years of age or older; and you are capable of entering into a legally binding agreement;
  • You are or represent a healthcare service business located in India. If you are a Business located outside India, do not use the Program.
  • You are (a) duly authorized to do business in India and enter into these Terms and (b) Your employees, officers, representatives, and other agents accessing the Program are authorized to access the Program and to legally bind you to these Terms.

2. THE PROGRAM

Scope. The Program enables healthcare service providers/businesses to: (1) accept payments for products and services purchased by a customer, (2) receive appointments for consulting doctors, and (3) send them their prescription and other relevant medical information

Additional services may be offered incrementally on the Program, and these Terms will be applicable accordingly.

3. GRAPES’S ROLE

Appointment as Payment Collection Agent. By participating in the Program, you appoint Grapes as your payment collection agent for the limited purpose of accepting funds from customers who are purchasing products or services from you. Payment by a customer to Grapes through the Program will be considered the same as a payment made directly to you, and you will provide the purchased product or service to the customer in the same manner, as if you have received payment directly from the customer. Grapes’s obligation to pay you is subject to and conditional upon successful receipt of the associated payments from customers. Grapes guarantees payments to you only for such amounts that have been successfully received by Grapes from customers in accordance with these Terms. In accepting appointment as your limited payment collection agent, Grapes assumes no liability for your acts or omissions.

Grapes’s Role as Intermediary. Grapes is not a party to the purchase agreement between you and the customer. Grapes acts as your payment collection agent for the limited purpose of accepting payments from customers on your behalf. Grapes is an intermediary that facilitates the completion of the Payment between customer and you. The facilitation of a Transaction does not guarantee that (a) a customer has sufficient funds available in the Funding Account used; (b) that the transaction will be authorized or processed; or (c) that the Transaction will not later result in a chargeback or other reversal. Grapes is neither acting as a trustee nor acting in a fiduciary capacity with respect to any Transaction on the Program. Grapes does not determine, advise or in any manner control the commercial terms of the Payment Transaction, including the price of products and services offered by you for sale.

Payment of Settlement Amount. Grapes will remit the Settlement Amount to the healthcare service provider’s specified bank account in accordance with Applicable Law, after deducting fees in accordance with the Terms.

Date of Completion of Payment Transaction. The date of any Payment Transaction will be deemed to be the date on which the customer purchases the product or services from the healthcare service provider. For this purpose, the date of receipt of payment in your Settlement Account will not be relevant.

Disclaimer of Grapes’s Liability. Grapes is not responsible for any aspect of the products or services you sell or for any communications or offers made by you to customer. Grapes’s role as a payment collection agent for the customer will not make Grapes liable or responsible for breach of representations and warranties, non-provision of after-sales or warranty services or fraud vis-a-vis the products and/or services sold by the healthcare service provider.

Relationship Between the Parties. The relationship between Grapes and you is on principal-to-principal basis. Nothing contained herein will be deemed to create any association, partnership, joint venture or relationship of principal and agent, or master and servant, or employer and employee between you and Grapes or its affiliates or subsidiaries, except for Grapes’s appointment as your payment collection agent for the limited purpose of accepting payments from customers on your behalf. You will not, whether expressed or implied, create any such duty or obligation on behalf of Grapes. Grapes has no connection or interest of whatsoever nature in your business or the products or services offered/marketed by you. Grapes provides the Program to you, as an independent entity in accordance with these Terms. You acknowledge and confirm that Grapes have no control over your inventory of products or services.

4. DELIVERY, INVOICES AND CUSTOMER SUPPORT

Obligation to Deliver. You are responsible for delivery of products or services to customers. If you are unable to deliver the whole or any part of the products or services, you will inform the customer and take immediate action to refund the payment amount in whole or in part.

Proof of Delivery. You will maintain proof of delivery with respect to each Transaction for a period of at least one (1) year from the date of delivery, and make proof of delivery available to Grapes on request.

Risk of Delivery. All risks associated with the delivery will be borne solely by you; and any disputes regarding the product or service purchased, including quality, merchantability, non-delivery, delay in delivery, will be resolved directly between you and the customer.

Invoices. You are responsible for raising an invoice on the customer, with a description of the products or services sold, and such other details as may be required by Applicable Law. You will maintain proper records of invoices and transactions as required by Applicable Law.

Responsibility for Customer Support. All customer service issues relating to a Transaction and products and services offered for sale by you including purchase price, order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with your personnel, policies or processes, are solely your responsibility. When offering customer support, you will always present yourself as a separate entity from Grapes.

You will make customer support available during all hours when you are open for business. You will respond promptly to customer support requests. Customer support will include appropriate guidance to customers on how to contact you for customer support.

5. DISPUTES, CHARGEBACKS AND REFUNDS

Disclaimer of Liability. You are responsible for refunds and chargebacks. Grapes’s role in facilitating such refunds or chargebacks will be limited to that of an intermediary, and Grapes will not be liable for any claims, disputes and penalties which may arise in connection with refunds or chargebacks.

Chargebacks. All chargebacks or settlement adjustments in relation to Transactions shall be facilitated in accordance with Applicable Law, including specifically any applicable regulations or operating guidelines issued by the Reserve Bank of India (RBI) and the NPCI. In the event a chargeback is initiated by a customer, You will provide Grapes with all information and documentation, and any other assistance reasonably required, for Grapes to facilitate the chargeback in accordance with applicable laws.

Refund and Cancellation. For payments which are not settled to your account, our Cancellations & Refunds policy for customers will be applicable. For payments which are settled to your account, you are liable to facilitate any refunds or cancellations.

Disputes or Complaints. If there is a dispute or complaint relating to your use of or participation in the Program, and in particular related to chargebacks or refunds, You will provide Grapes with all information and documentation, and any other assistance reasonably required, for Grapes to investigate and/or defend such claims.

6. MEDICAL INFORMATION PLATFORM

Medical Information Platform. You can send customers relevant and shareable medical information including but not limited to prescriptions, investigation reports, discharge summary using the medical information platform in the Program (“Medical Information Platform“).

Responsibility for Information. You are solely responsible for any information passed through the medical information Platform. You will ensure that no illegal, unlawful or unauthorised information is delivered through the medical information Platform.

Grapes’s Disclaimer for Information Sharing. Grapes only facilitates sharing of already generated information between the healthcare service provider and customer and is not responsible for the content of any information.

7. PROGRAM LIMITATIONS

Risk Monitoring: Fraudulent, Unusual or Suspicious Transactions. Grapes may monitor Transactions for risk and fraud, and may engage Third Party Providers to assist in this and other elements of the Program.

Grapes and/or Payment Participants may reject a Transaction for various reasons, including (a) risk management; (b) suspicion of fraud; (c) non-compliance with these Terms (d) use of compromised or blacklisted cards, BHIM UPI accounts, (e) chargebacks/complaints; or (f) other reasons as prescribed in the Payment Participant Rules.

If a Transaction is rejected or is unable to be completed, Grapes will either transfer the funds back to the customer’s Funding Account or will handle the funds in accordance with Applicable Laws or Payment Participants Rules.

Grapes may take any action as may be required by a statutory or governmental authority or as may be mandated by the respective Payment Participant.

Availability of Program Features. Grapes may, without notice and without liability, change, suspend or discontinue any aspect of the Program at any time, including hours of operation or availability of the Program or any Program feature. Grapes may, without notice and without liability, (a) impose limits on certain features or restrict access to parts or all of the services under the Program; (b) decline to process any Payment Transaction

Grapes does not warrant that the operation of the Program will be uninterrupted or error free, and Grapes will not be responsible for any service interruptions (including power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions).

8. FEES & SETTLEMENT

Grapes Fees. Fees may be applied to certain services provided under the Program. Fees, will be determined by Grapes in its sole discretion, and may be revised by Grapes from time to time. Such fees along with applicable taxes will be deducted from the Settlement Amount. Taxes will be itemised and reflected separately on the invoice issued by Grapes to You.

Settlement of Payments Received. Settlement of payments received from your customers for a week will be done on the Wednesday of every week.

9. TAXES

Responsibility for Taxes. You are responsible for levy, deposition and reporting of taxes on the sale of products / services by You to the customer.

Where any income tax or withholding tax or tax collection at source or such other taxes under applicable Law are determined to be deducted and deposited on any payments or remittances to you, Grapes will have the right to deduct and deposit any such applicable taxes with the appropriate authority in compliance with the applicable law.

10. Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

11. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that would contradict anything in this Section. This Agreement will not create an exclusive relationship between you and us.