LabTest1.com Merchant Agreement

Last Updated: 11th May 2025

These Merchant Terms and Conditions ("Agreement") govern your access to and use of SIMINO LABTEST PRIVATE LIMITED's digital platform, including its website, mobile applications, APIs, and associated services (collectively, the "Platform"), located at https://labtest1.com, as well as mobile applications available on the Apple App Store and Google Play Store. By registering as a Merchant, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

1. Introduction & Scope

LabTest1.com is a digital health marketplace enabling licensed and certified healthcare service providers to offer diagnostic lab tests, vaccinations, radiology, and nursing services directly to users. This Agreement governs the terms under which Merchant participates in the LabTest1.com Platform (the “Platform”).

2. Merchant Obligations

• Maintain valid licenses, certifications, and regulatory compliance (e.g., NABL, ICMR, AERB).
• Ensure test accuracy, timely result delivery, and quality of care.
• Provide LabTest1 with accurate information, service descriptions, hours, and pricing.
• Allow home sample collection and/or home service delivery when opted by customers.
• Train staff to handle LabTest1 orders professionally.
• Accept and process bookings via LabTest1’s tools (web dashboard, mobile app, or APIs).

3. LabTest1 Obligations

• List Merchant’s services on its Platform.
• Enable customers to view, compare, book, and pay for services.
• Route relevant orders, customer details, and sample collection requests to the Merchant.
• Provide order management dashboard or integration APIs.
• Handle customer care, complaints, and refund processing (if required).

4. Service Categories

• Diagnostic Lab Tests (Pathology, Biochemistry, etc.)
• Vaccinations (pediatric, adult, travel, wellness)
• Radiology Services (X-Ray, Ultrasound, MRI, CT)
• Home Nursing Services (injections, post-op care, elderly care)

5. Payments & Fees

• LabTest1 may charge a service fee, platform commission, and/or subscription fee.
• Payment to Merchant will be made on a [weekly/biweekly/monthly] basis after deduction of LabTest1’s commission and applicable taxes.
• Merchant agrees to provide invoices for services rendered where required.
• Fees and payment schedule will be detailed in an annexed “Rate Sheet.”

6. Taxes

• Merchant shall bear responsibility for applicable GST, health cess, or state levies.
• LabTest1 may withhold or remit taxes on behalf of Merchant if legally required.
• Merchant will indemnify LabTest1 for any tax liabilities arising from non-compliance.

7. License & Content Use

• Merchant grants LabTest1 a non-exclusive, royalty-free license to display its brand name, test names, pricing, images, and content on the Platform.
• LabTest1 may enhance, resize, or represent such content for better user experience.
• Merchant may not reproduce or reverse engineer any part of LabTest1’s platform.

8. Data Privacy & Security

• Merchant agrees to maintain strict confidentiality of patient information as per India’s Digital Personal Data Protection Act (DPDP Act).
• LabTest1 will share only necessary customer details and expects data to be stored securely.
• Any data breach must be immediately reported.

9. Compliance and Restrictions

• Merchant shall not list or offer any service that violates Indian medical, health, or drug laws.
• LabTest1 reserves the right to delist services if:
  • The quality of service is poor
  • Merchant fails to honor bookings
  • Regulatory guidelines are breached

10. Term & Termination

• This Agreement shall be valid until terminated by either party with 15 days' written notice.
• LabTest1 may terminate immediately for regulatory non-compliance, fraud, or reputational risk.

11. Indemnity & Liability

• Each party shall indemnify the other for claims arising from breach of terms, malpractice, or third-party claims.
• Liability of LabTest1 shall be limited to the total fees paid by the Merchant in the last 3 months.

12. Dispute Resolution

• Any disputes shall be governed by Indian law and resolved via arbitration in Bhubaneswar, Orissa, India.
• Parties agree to resolve matters amicably before resorting to arbitration.

13. Miscellaneous

• This Agreement does not create a partnership or employment relationship.
• Amendments must be made in writing.
• Notices may be served via registered email or postal address listed in the Sign-Up Form.

14. Definitions

• “Merchant”: The lab, clinic, or provider listing services on LabTest1.com
• “Platform”: LabTest1’s website, mobile apps, APIs, and any partner channels
• “Service Fee”: A percentage of order value retained by LabTest1
• “Patient Data”: Personal and health information shared as part of service booking
• “Home Service”: Sample collection or clinical procedures conducted at patient’s location

15. Sample Collection Protocol

15.1 Platform Usage Requirement

All sample collection activities carried out under this Agreement must be scheduled, tracked, and completed using the official LabTest1.com application or tools. Under no circumstances should any parallel or off-platform coordination or payment handling be allowed. Customers must make payments only through LabTest1.com’s designated channels. Any direct payment collection from the customer by the Merchant or its staff during sample collection is strictly prohibited.

15.2 Penalty for Violation

Violation of the above clause, including accepting payments outside the LabTest1.com platform or unauthorized scheduling, will result in a penalty of INR 50,000/- or 20% of the total revenue generated from such transactions, whichever is higher, and may lead to delisting of the Merchant and/or legal action under applicable laws.

15.3 Phlebotomist Assignment Policy

To ensure a consistent and high-quality experience for patients:

• LabTest1-employed and trained phlebotomists will be prioritized for home sample collection, wherever operationally feasible.
• In specific cases, and only with prior approval, the Merchant may use its own phlebotomists provided they are on the Merchant’s official payroll (i.e., not gig workers or freelancers).
• Such Merchant-provided phlebotomists must undergo a minimum of 80 hours of orientation and quality training, as specified by LabTest1, before being allowed to perform any home sample collection under this Agreement.

15.4 Compliance

Merchants are required to provide verification records including:

• Phlebotomist employment records
• Training certificates (minimum 80 hours)
• Adherence to hygiene, patient consent, sample integrity, and reporting protocols

16. Service Quality & SLA Enforcement

• Sample pickups must occur within ±30 minutes of the scheduled time.
• Standard lab reports must be uploaded within 24–48 hours unless specified otherwise.
• Repeated breaches of SLAs (Service Level Agreements) may result in penalties or suspension.

17. Branding, Dress Code & Conduct

• Phlebotomists representing LabTest1 must wear professional attire and carry valid ID badges.
• Unbranded or poorly groomed personnel may not be allowed for sample collection visits.
• All representatives must maintain polite and professional conduct at all times.

18. Equipment & Consumables

• Merchant must provide sterilized and appropriate consumables for every test (e.g., vials, syringes, gloves).
• If the Merchant cannot supply kits, LabTest1 may do so and deduct the cost accordingly.
• Reused or expired materials are strictly prohibited.

19. Report Format & Upload Standards

• Reports must be legible, in PDF format, and follow LabTest1’s standardized templates.
• Each report must include test name, result, reference range, unit, timestamp, and lab branding.
• LabTest1 reserves the right to reject and request corrected reports if standards are not met.

20. Emergency & Safety Protocols

• Phlebotomists must be trained in handling adverse events such as fainting or bleeding.
• First aid kits must be accessible during all field visits.
• Any incident must be logged and reported to LabTest1 within 1 hour.

21. Non-Solicitation Clause

• Merchant and its staff must not solicit or divert LabTest1 users to any alternative platforms or direct channels.
• Merchant shall not poach LabTest1-employed phlebotomists during or within 12 months of the agreement term.
• Violation of this clause may result in a penalty and legal recourse.

22. Phlebotomist Safety, Background Checks & Operational Protocols

22.1 Motor Vehicle & Personal Insurance

• Phlebotomists must have a valid driving license and a vehicle covered under a comprehensive motor insurance policy.
• Personal accident insurance of at least INR 5,00,000 is mandatory.
• If using Merchant vehicles, insurance for damage, theft, and injury must be in place.

22.2 Live Location Tracking During Duty Hours

• Phlebotomists must keep location sharing active via the LabTest1 app while on duty or en route.
• LabTest1 reserves the right to suspend non-compliant phlebotomists or merchants.
• All data must comply with LabTest1's privacy policy and DPDP Act.

22.3 Criminal Background Verification

• Police verification (valid for 1 year) is mandatory for all phlebotomists.
• No pending FIRs or convictions related to theft, assault, misconduct, or fraud.
• LabTest1 may audit records at any time.

22.4 Health Fitness & Annual Medical Check

• Annual health checks are mandatory, including communicable disease screening.
• Fitness certificates and proof of vaccination (e.g., Hepatitis B, COVID-19) required.

22.5 Prohibition During Illness

• Sick or symptomatic phlebotomists (fever, cough, etc.) may not perform collections.
• Merchants must reschedule or reassign appointments promptly.
• Failure to comply is a serious public health violation.

23. Lab Verification & Regulatory Documentation

• Merchant must submit verifiable documentation to LabTest1 prior to onboarding, including but not limited to:
  • GST Registration Certificate
  • PAN Card (Business or Proprietor)
  • Trade License or Registration Certificate under applicable state authority
  • Accreditation documents (e.g., NABL, ICMR, AERB) as applicable
  • Authorized signatory identity and address proof
• All submitted documents must be current, valid, and legally compliant.
• LabTest1 reserves the right to verify documents through third-party partners or government APIs.
• Failure to provide or update required documents within stipulated timelines may lead to suspension or permanent delisting from the platform.

24. Modifications & Disclaimer

LabTest1.com reserves the right to update, modify, or amend this Merchant Agreement at any time, at its sole discretion. Any such changes will be communicated via email or posted on the Merchant Portal. Continued use of the LabTest1.com Platform after such modifications constitutes acknowledgment and acceptance of the revised terms.

Merchants are encouraged to review the Agreement periodically to stay informed of any changes. Failure to comply with updated terms may result in account suspension, penalties, or termination of the Agreement.

25. Signature & Acceptance

By accepting this agreement (online or in print), the Merchant acknowledges reading and agreeing to the above terms.