Terms of Use

The terms defined below shall have the following meaning between the Parties:

• “Client”: the adult natural person, in particular a member of the African diaspora established in Europe, holding an Account, who funds Healthcare Services on the Platform for the benefit of a Patient. The Client always pays for a third party, never for themselves;
• “Patient”: the natural person receiving the care, a relative of the Client, designated by them and linked to their Account. The Patient does not have their own account on the Platform;
• “Healthcare professional”: any partner pharmacy, clinic, hospital, testing laboratory or practitioner, located in a Covered Country, holding a verified professional account, who delivers the Services and receives the corresponding payment;
• “Service”: any health product or service offered by a Healthcare professional and eligible for funding via the Platform (medicines, consultations, examinations, tests, hospital stays, etc.);
• “Order”: the purchase of a Service by a Client for the benefit of a Patient under the terms of the CGVS;
• “Access code”: the unique, confidential code generated by the Platform after payment of an Order, allowing the Patient to obtain the Service from the Healthcare professional, who validates it to trigger the payout;
• “Wallet”: the Healthcare professional’s electronic wallet on the Platform, credited in the local currency (CFA franc / XAF for the Republic of the Congo, Congolese franc / CDF for the Democratic Republic of the Congo) after validation of an Access code;
• “Account” or “Personal area”: the dedicated, individual digital space of a User on the Platform;
• “Covered Countries”: the countries in which partner Healthcare professionals are listed, the up-to-date list of which appears on the Platform. As at the date hereof: the Republic of the Congo and the Democratic Republic of the Congo; the Ivory Coast, Cameroon, Senegal, Gabon and Mali are notably announced;
• “Service fees” or “introduction fees”: the commission owed to AFYO by the Client for the use of the Platform, under the terms of the CGVS;
• “Internet user”: any person accessing and using the features of the Platform;
• “Member”: an Internet user who has created a Personal area;
• “Parties”: in the singular, AFYO or the Internet user indistinctly; in the plural, AFYO and the Internet user together;
• “Platform”: the digital introduction and payment-facilitation platform operated by AFYO, accessible from the afyo.fr website;
• “Data protection regulation”: French Act No. 78-17 of 6 January 1978 as amended, and Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”);
• “User”: a natural or legal person holding an Account on the Platform (Client or Healthcare professional).

These Terms take effect on the date they are put online and shall be enforceable as from the date the Internet user first uses the Platform.

They are enforceable throughout the period of use of the Platform and until new Terms replace them.

The Internet user may at any time cease to use the Platform, but remains responsible for any prior use.

The purpose of these Terms is to present and set the conditions of use of the Platform and all of its pages. The Internet user declares that they have read and accepted these Terms.

The AFYO Platform is an online platform operator within the meaning of Article L. 111-7 of the French Consumer Code. It enables a Client, residing in particular in Europe, to remotely fund Healthcare Services delivered to a Patient, their relative remaining in Africa, by a Healthcare professional listed in a Covered Country.

AFYO is not a healthcare professional: it delivers no care, makes no diagnosis and provides no medical advice. AFYO is neither a credit institution nor a payment institution: the collection of Clients’ payments is handled by the licensed payment service provider Stripe, and payouts to Healthcare professionals are carried out via the mobile payment provider PawaPay.

The details of the services are set out in the Terms of Sale & Service (CGVS).

4.1. Free access

Access to the Platform is free and open to any Internet user with internet access. All costs relating to access (hardware, software, internet subscription) are borne solely by the User, who alone is responsible for the proper working of their equipment and their internet access. The content is accessible 24/7.

Given the nature and complexity of the internet, AFYO makes its best efforts to enable access to and use of the Platform, without being able to guarantee absolute accessibility or availability. It reserves the right, without notice or compensation, to temporarily or permanently close all or part of access to the content, in particular for maintenance or updates, without being liable for any resulting damage.

4.2. Personal area

The Internet user may create a personal area. The Member then provides their email address and, where applicable, a telephone number. An Internet user without a personal area is prohibited from accessing the Members-only part; such access would be considered fraudulent within the meaning of the Criminal Code. In the event of inadvertent access, they undertake to inform the publisher at info@afyo.fr and to treat as confidential any data they may have become aware of.

4.2.1. Registration

Registration is reserved for adults who have completed and validated the registration form and accepted these Terms. Creating the personal area is free. Verification of the email address is mandatory: a confirmation link or code must be validated to continue registration. When creating the Account, the User acknowledges having read and accepted the Terms by ticking the corresponding box.

Two types of Account exist: the Client account and the Healthcare professional account. Opening a Healthcare professional account is subject to prior verification by AFYO (identity of the representative, legal existence of the establishment, practising authorisations, payout details), under the terms of the CGVS. The Patient does not have an account.

The Member warrants the accuracy, currency and truthfulness of the information provided, and that it does not infringe third-party rights. They undertake to keep it up to date. AFYO may implement any enhanced authentication measure it deems useful. The Client account is reserved for strictly personal and family use: the Client acknowledges not acting in a commercial capacity and may not let a third party log in to their area.

4.2.2. Features

The personal area offers, among others, the following features:

• viewing and editing one’s contact details, profile, password and payment method;
• for the Client: creating and managing their Patients (relative beneficiaries);
• for the Client: searching for and selecting a Healthcare professional and a Service in a Covered Country;
• for the Client: paying for an Order in euros and receiving the Access code to pass on to the Patient;
• for the Healthcare professional: managing their profile, catalogue of Services and prices;
• for the Healthcare professional: checking and validating the Access codes presented by Patients;
• for the Healthcare professional: viewing their Wallet balance and withdrawing collected sums in local currency;
• tracking the history and status of each Order (paid, code issued, code validated, paid out);
• access to support and, where applicable, to a messaging service.

This description is not exhaustive and may change, in particular to reflect technological developments or to improve the Member’s experience.

4.2.3. Suspension and closure

AFYO reserves the option to suspend or close the personal area in the event of non-compliance with these Terms, without compensation or notice, until the cause of the suspension has ceased, or even to delete it depending on the seriousness of the breach.

Breach of the Terms may include, without limitation: payment fraud, identity theft, provision of false supporting documents (in particular practising documents for a Healthcare professional), creation of fake profiles, use of multiple accounts, misuse of Access codes, use of the Platform for money laundering or terrorist financing, harassment of other Users, publication of illegal content, or any other conduct contrary to the Terms and CGVS.

Upon termination, the User no longer has access to their area or to the services. Pending Orders are handled in accordance with the CGVS (refund of unvalidated Access codes, payout of sums due to the Healthcare professional, subject to anti-fraud checks). A suspension of thirty (30) days left unaddressed leads to deletion of the account. Deletion removes all information linked to the area, except data necessary for legal and accounting obligations. To contest a closure, the User may write to info@afyo.fr.

The AFYO Platform enables Clients to remotely fund Healthcare Services for the benefit of their relatives, by connecting Clients (in particular members of the African diaspora residing in Europe) with Healthcare professionals listed in the Covered Countries.

The journey is as follows: the Client selects a Healthcare professional and a Service, designates the Patient beneficiary and pays in euros; the Platform generates a unique Access code that the Client passes on to the Patient; the Patient goes to the Healthcare professional, who checks and validates the Access code and then delivers the Service; validation triggers the crediting of the Healthcare professional’s Wallet in the local currency (XAF or CDF depending on the country).

Clients’ payments are made exclusively in euros. The local-currency equivalent is displayed for information: for the Republic of the Congo, on the basis of the fixed parity €1 = 655.957 XAF; for the Democratic Republic of the Congo, in Congolese francs (CDF), on the basis of a variable rate given for information only. Conversion occurs only at display and payout.

AFYO thus facilitates the funding of care and the relationship between the Client, the Patient and the Healthcare professional, without ever being a party to the care relationship.

6.1. Licence to use

AFYO grants the User a mere right to use the Platform: revocable, free, non-exclusive and worldwide, intended for personal use (or, for the Healthcare professional, professional use in the context of delivering the Services).

6.2. User obligations

The User undertakes to use the Platform only for purposes consistent with its intended use, to commit no act of infringement, not to reproduce, download, represent or modify all or part of the Platform, and not to disrupt its operation (in particular by introducing viruses). They are fully responsible for their use of the Platform and undertake to use it fairly, in compliance with applicable laws, in particular regarding intellectual property, the fight against fraud, money laundering and terrorist financing, and the applicable exchange-control regulations.

The Client undertakes in particular not to use the Platform to fund anything other than Healthcare Services actually delivered to an existing, consenting Patient. AFYO reserves the right to suspend the use of the Platform for any User failing to comply with these Terms and to disclose any necessary information to the competent authorities. The User undertakes to access the site only via the official address afyo.fr.

The User may receive messages from AFYO, by email or SMS. These may be service messages related to the operation of the Platform (payment confirmation, issuance and validation of Access codes, Wallet movements, security alerts) or messages intended to promote use of the Platform.

The User is invited to consent to non-essential notifications and may refuse to receive them at any time by changing the settings of their Account. Service messages strictly necessary for the operation of the service are not affected by this refusal.

AFYO may set up hyperlinks giving access to web pages other than those of its Platform, over which it exercises no control. It declines all responsibility as to their access, operation, use of personal data and content.

Any Internet user wishing to place on their site a link to the Platform’s home page must obtain AFYO’s express authorisation (excluding any referral link). Links set up without authorisation must be removed on first request.

AFYO makes its best efforts to secure the Platform in light of the risk involved and the nature of the data processed (role-based access control verified server-side, encryption of exchanges, request rate-limiting, logging of security events), without being able to ensure absolute security; its liability can only be engaged in the event of proven fault.

The Internet user is prohibited from fraudulently accessing or remaining in all or part of the Platform, from using an access method other than the interface provided, from deleting or modifying data they have not published, or from altering the operation of the Platform. Any access to a prohibited area will be considered fraudulent within the meaning of the Criminal Code. In the event of inadvertent access, the Internet user informs AFYO without delay at info@afyo.fr.

The Internet user accepts the characteristics and limits of the internet and takes appropriate measures to protect their own data and equipment. Particular vigilance is expected regarding Access codes: the Client undertakes to pass each Access code only to the Patient concerned, by a reasonably secure means, and never to publish it; the Healthcare professional undertakes to validate an Access code only in the presence of the Patient and upon actual delivery of the Service.

To enable access to the Platform’s features, AFYO collects the User’s data and, as such, carries out processing of personal data for which it is the controller. It applies a strict minimisation principle: no medical data is collected at registration, and data relating to Patients is limited to what is necessary to perform the service.

The User is solely responsible for activity carried out from their account and must keep their password secret. This information is intended for authorised staff of AFYO as well as its technical subcontractors and partners (in particular the chosen Healthcare professional, who receives only the information necessary to deliver the Service). Data is kept for the duration of use of the Platform, plus the duration of legal limitation periods.

In accordance with the regulation, the User has a right of access, rectification, erasure, objection and restriction, a right to portability and the right to set directives on the fate of their data after death. These rights are exercised at info@afyo.fr. To learn more, the Internet user is invited to refer to the Privacy Policy, available on the Platform.

The Platform uses cookies to enable its consultation, the optimisation of its use and its personalisation. To learn about our policy in this respect, the Internet user is invited to consult the Cookie Policy available on the Platform.

AFYO cannot be held liable:

• for the quality of the Platform, the content being provided “as is”;
• for any disruption or impossibility of accessing the content;
• for breaches of IT security that may cause damage to Internet users’ equipment and data;
• for the quality, compliance or consequences of the health acts and products delivered by Healthcare professionals, which fall under their sole responsibility within the care relationship formed with the Patient.

AFYO makes its best efforts to provide up-to-date information, without being able to guarantee the absence of anomalies, failures or unavailability. Information relating to Healthcare professionals and their Services (catalogue, prices, availability) is provided by the latter under their sole responsibility. The equipment enabling access to the Platform is borne solely by Internet users.

The Internet user acknowledges using the Platform at their own risk and remains fully and solely responsible for the exploitation of the information obtained. They undertake to ensure compliance with the required technical recommendations and to have the necessary skills for optimal use.

Generally, each Internet user undertakes to use the Platform in compliance with laws, regulations and third-party rights, fairly and in accordance with its intended purpose.

The Internet user undertakes to use the Platform and all information they may access only for a purpose consistent with public order, morality and third-party rights. They are prohibited from publishing or transmitting via the Platform any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise degrading content. Should AFYO be informed of unlawful content, it would be entitled to remove it immediately and to bar the relevant Internet user’s access.

The Internet user further undertakes not to disrupt other Internet users’ use of the Platform and not to access restricted parts of it.

15.1. AFYO’s intellectual property

The content of the Platform, its general structure, and the software, texts, images, photographs, know-how and all other elements comprising it are the exclusive property of AFYO or of the third parties who have granted it a licence, and are protected by copyright, trademark, design rights and all other intellectual property rights. The AFYO name and trademark, the logos and all signs represented on the Platform remain the exclusive property of AFYO.

No title or right is obtained by downloading or copying elements of the Platform. The Internet user is prohibited (other than for personal, non-commercial use) from reproducing, publishing, editing, transmitting, distributing, modifying or commercially exploiting the pages of the Platform or the computer code comprising it. These Terms do not entail any assignment of intellectual property rights. Any unauthorised reproduction or representation constitutes infringement liable to engage the civil and criminal liability of the infringer. The same applies to the databases on the Platform.

15.2. Third-party intellectual property

Elements belonging to third parties (trademarks, logos, images, texts or sounds) are the exclusive property of their author and protected as such. The User is prohibited from infringing them and undertakes to respect all rights of the third parties whose content appears on the Platform.

AFYO’s tolerance of a situation does not grant the User acquired rights, and cannot be interpreted as a waiver of its right to assert the rights concerned.

In the event of a contradiction between a clause heading and the content of the clause, the headings shall be deemed non-existent.

If one or more provisions of these Terms are held to be invalid or declared as such, the other provisions shall retain their full force and effect.

For the performance hereof and unless otherwise agreed, the Internet user agrees to send all correspondence to AFYO’s registered office.

AFYO declines all responsibility in the event of a dispute, between Internet users or between a Patient and a Healthcare professional, not directly attributable to AFYO. Given the international dimension of the service, the Internet user must comply with the rules applicable in their country of residence.

In the event of a dispute arising from these Terms or from use of the services, the Parties agree to resort to mediation before any legal proceedings. These Terms are governed by French law. Failing an amicable solution, the competent court is that of the defendant’s domicile, subject to the protective rules applicable to consumers.

To report any breach of these Terms or ask any question about the Terms or the Privacy Policy, contact us at info@afyo.fr.