Terms of Sale & Service

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

• “Client”: the adult natural person, with full legal capacity, who carries out a transaction on the Platform as an end consumer, in order to fund a Service for the benefit of a Patient. The Client always pays for a third party, never for themselves;
• “Patient”: the natural person receiving the Service, a relative of the Client, designated by them and linked to their Account, without an account on the Platform;
• “Healthcare professional”: any pharmacy, clinic, hospital, testing laboratory or practitioner duly authorised to practise in their country, listed by AFYO in a Covered Country, who delivers the Service to the Patient and receives the corresponding payment;
• “Service”: any health product or service offered by a Healthcare professional on the Platform (medicines, consultations, imaging examinations, laboratory tests, hospital stays, care acts, etc.);
• “Order”: the purchase of a Service by a Client for the benefit of a Patient via the Platform;
• “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 (XAF for the Republic of the Congo, CDF for the Democratic Republic of the Congo) after validation of an Access code;
• “Account”: the dedicated, individual digital space of a User on the Platform;
• “Service fees” or “introduction fees”: the commission owed to AFYO by the Client for the use of 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;
• “Internet user”: any person accessing and using the features of the Platform;
• “Parties”: in the singular, AFYO or the Internet user indistinctly; in the plural, both 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).

Every online platform operator must give the consumer fair, clear and transparent information about the intermediation service it offers. The AFYO Platform is an online platform operator within the meaning of Article L. 111-7 of the French Consumer Code. Its purpose is to enable a Client to remotely fund a Healthcare Service delivered to a Patient by a listed Healthcare professional, and to facilitate the corresponding settlement.

AFYO is not a healthcare professional: it delivers no care, makes no diagnosis, issues no prescription and provides no medical advice. The care relationship is formed exclusively between the Patient and the Healthcare professional, under the latter’s responsibility and in compliance with the regulation applicable to them locally.

AFYO is neither a credit institution nor a payment institution. The collection of Clients’ payments (in euros) is carried out by the licensed payment service provider Stripe, and payouts to Healthcare professionals via the provider PawaPay; AFYO does not come into possession of Clients’ funds other than the Service fees due to it.

The Platform allows members of the diaspora to pay directly for their relatives’ care with verified Healthcare professionals, thereby limiting the risk of misappropriation of the sums sent and ensuring that the money actually funds care. The service works as follows:

• the Client creates an Account and enters the Patient beneficiary or beneficiaries (identity and relationship to the Client);
• the Client selects a Covered Country, a listed Healthcare professional and a Service, whose price is displayed in euros with its indicative local-currency equivalent;
• the Client pays for the Order in euros, plus the Service fees, via the Platform’s payment provider;
• the Platform generates a unique, confidential Access code, sent to the Client, who passes it on to the Patient;
• the Patient goes to the Healthcare professional with the Access code; the professional checks the Patient’s identity, validates the Access code and delivers the Service;
• validation of the Access code triggers the crediting of the Healthcare professional’s Wallet, who receives the corresponding amount in the local currency (XAF or CDF depending on the country), less any applicable commissions.

The Client’s payment is held by the payment provider until the Access code is validated by the Healthcare professional. Funds corresponding to unused or expired Access codes are handled in accordance with Article 6. The CGVS are not intended to govern the care relationship formed between the Patient and the Healthcare professional.

The Internet user may create an Account, by providing their email address in accordance with the online registration form, these CGVS and the Terms of Use. An Internet user without an Account 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.

5.1. Placing an Order by the Client

The Client must enter the required information, in particular that relating to the Patient beneficiary (identity, relationship to the Client, country) and to the desired Service. The Platform only allows funding of Services delivered by Healthcare professionals listed in the Covered Countries. The information declared about the Patient must be as accurate as possible: the Client bears the consequences of erroneous information that would prevent the Healthcare professional from verifying the Patient’s identity or delivering the Service. For certain Services, a prescription may be required at the time of delivery, in accordance with local regulation.

The prices of Services are set by the Healthcare professionals and displayed in euros, with their indicative local-currency equivalent: 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.

5.2. Healthcare professionals

Healthcare professionals are pharmacies, clinics, hospitals, laboratories or practitioners operating in the Covered Countries. When being listed, they must provide the identity and contact details of their representative, evidence of the establishment’s legal existence, the practising authorisations required in the country concerned and the payout details. These supporting documents are not passed on to Clients. They publish and keep up to date their catalogue of Services and prices, under their sole responsibility.

5.3. Connection and confirmation

Connection means that AFYO facilitates, via the Platform, the relationship between the Client, the Patient and the Healthcare professional with a view to funding and delivering a Service. Confirmation of payment obtained from the Client’s bank constitutes confirmation of the Order and the commitment of each User: delivery of the Service by the Healthcare professional against validation of the Access code.

5.4. Conditions for listing Healthcare professionals

There is no capital link or remuneration of any kind likely to influence the listing or ranking of Services, other than the commissions provided for in Article 7. Any Healthcare professional with an active, verified account is authorised to offer their Services, provided they comply with the following conditions:

• hold and maintain all authorisations required for their activity in their country of practice;
• provide accurate, up-to-date and verifiable information about their establishment and catalogue;
• only offer lawful Services that are actually available and compliant with local regulation;
• charge, for Services funded via the Platform, prices identical to those charged to their local clientele, with no Platform-related mark-up;
• not request any additional payment from the Patient for a Service already paid via the Platform, other than duly justified, transparent and accepted supplements;
• in the event of unavailability of a Service, inform AFYO and the Client without delay;
• comply with all laws, rules and codes applicable to their activity, in particular ethical ones;
• not create several accounts for the same establishment without AFYO’s agreement.

Healthcare professionals are ranked by default according to objective criteria (country, city, type of establishment, availability of Services). The Internet user may select other ranking or filtering criteria. AFYO may delist a Healthcare professional or block their account in the event of non-compliance with these terms.

6.1. Cancellation attributable to the Healthcare professional

If the Healthcare professional cannot deliver the Service (out of stock, closure, unavailability, cessation of activity), the Client is informed as soon as possible. They may then choose: (i) to transfer their Order to another Healthcare professional offering an equivalent Service, with adjustment of any price difference; or (ii) a full refund of their Order, Service fees included, to the original payment method, within a maximum of fourteen (14) days. A professional with repeated or culpable unavailability is exposed to delisting and suspension of their account.

6.2. Cancellation attributable to the Client

As long as the Access code has not been validated by the Healthcare professional, the Client may request cancellation of their Order at any time from their Account or from support (info@afyo.fr), throughout the validity period of the Access code (30 days). The Order is then fully refunded, Service fees included, to the original payment method, within a maximum of fourteen (14) days. Once the Access code has been validated by the Healthcare professional, the Service is deemed delivered and no refund is possible.

6.3. Expired Access codes

Access codes are valid for thirty (30) days from payment, stated at the time of the Order and recalled in the confirmation email. As an unused Code approaches expiry, the Client is notified and may request an extension. If the Healthcare professional has not validated it at the end of the thirty (30) days, the Order is automatically and fully refunded to the Client (Service fees included) to the original payment method, the Client and the Patient being informed.

6.4. Common provisions

If the Service cannot be delivered due to events external to the Parties (administrative closure, natural disaster, civil unrest, major failure of local banking or telecommunications networks), neither Party will be held responsible and AFYO will refund the unfulfilled Order, with no other compensation. Neither Party will be liable for a breach due to force majeure within the meaning of Article 1218 of the Civil Code. However, if additional costs are caused by the Client (erroneous information, Code disclosed to a third party) or the Healthcare professional (wrongful validation, non-delivery), the party at fault will be responsible for them.

7.1. Payment terms

Commission and fees. AFYO receives the Service fees, amounting to 15% of the Order amount. The amount of the Service fees is displayed clearly and transparently before any payment. A commission may also be deducted from payouts to Healthcare professionals, under the conditions agreed in their partnership contract.

Payment provider. For the collection of Clients’ payments (in euros) and the receipt of the Service fees, AFYO uses the licensed payment service provider Stripe. Payouts to Healthcare professionals are carried out in the local currency (mobile money or bank transfer) via the provider PawaPay.

Payment and payout. Payments made by the Client are held until the Access code is validated by the Healthcare professional, evidencing delivery of the Service. Once the Code is validated, the corresponding amount is credited to the Healthcare professional’s Wallet, less any applicable commission, then paid out in the local currency according to the agreed frequency and terms.

Dispute handling. In the event of a dispute concerning a payment or a Service, the payment provider and/or AFYO may withhold the payments and payouts concerned pending resolution of the dispute.

Taxes and duties. Users are responsible for paying all applicable taxes and duties arising from their use of the Platform, each in their country of residence or practice. The Platform reserves the right to change its prices and commissions at any time, subject to prior notice; the new conditions apply to Orders placed after they take effect.

7.2. Transaction security

Financial information is transmitted to the payment provider, which takes security measures to protect it. Stripe automatically checks the validity of access rights during card payment and encrypts exchanges; where applicable, strong customer authentication (3-D Secure) is applied in accordance with the European regulation on payment services (PSD2). AFYO neither collects nor stores Clients’ card numbers.

7.3. Fight against fraud and money laundering

AFYO and its payment provider implement mechanisms to detect abnormal or suspicious transactions. AFYO reserves the right to request any additional supporting document (identity, relationship to the Patient), to suspend or refuse any suspicious Order, and to make the required declarations to the competent authorities.

Users assume full responsibility for their actions, information, Services and interactions, and undertake to comply with all applicable laws and regulations. They acknowledge that the Platform does not guarantee the success of their transactions, which must be conducted in good faith (Article 1104 of the Civil Code).

8.2. Client’s commitments

• only order Services for the benefit of existing Patients, with their agreement or that of their legal representative;
• provide accurate and complete information about the Patient, necessary to verify their identity and deliver the Service;
• ensure, where applicable, that the Patient has the required medical documents (prescription);
• pass the Access code only to the Patient concerned, by a reasonably secure means, and keep it confidential;
• not use the Platform for fraud, money laundering, terrorist financing or circumventing applicable exchange-control regulations;
• not resell, exchange or trade Access codes, which are strictly personal to the designated Patient.

8.3. Healthcare professional’s commitments

• hold and maintain all authorisations required for their activity, and provide evidence on first request;
• deliver the Services diligently, in accordance with the applicable standards, ethics and local regulation;
• verify the Patient’s identity before any delivery and validate the Access code only upon actual delivery, in the Patient’s presence;
• never validate an Access code without delivering the corresponding Service, such conduct constituting fraud;
• keep prices accurate and up to date, identical to those charged to their local clientele;
• not request additional payment from the Patient for a Service already paid via the Platform;
• handle Patients’ data in the strictest confidence, in accordance with medical confidentiality;
• report to AFYO without delay any anomaly, suspected fraud or difficulty with an Access code.

AFYO undertakes to:

• ensure the operation of the Platform diligently and in accordance with applicable standards;
• verify the listing of Healthcare professionals under the conditions of Article 5.4;
• secure payments via its licensed payment service provider;
• provide the Client with confirmation of each Order and a payment receipt;
• send Users, where the regulation requires it, an annual summary of the transactions carried out;
• give fair, clear and transparent information about Users’ tax and social obligations;
• make available a support service at info@afyo.fr.

AFYO’s liability is limited to its role as an online platform operator: it cannot be understood as a healthcare establishment, a care provider or a payment institution. It implements reasonable measures to verify the identity and reliability of Users, without being able to guarantee 100% the accuracy of the information provided or their conduct.

10.1. AFYO’s liability

AFYO operates as a technological intermediary facilitating the connection between Users and the settlement of Services. It does not itself provide the Healthcare Services, which are delivered by the Healthcare professionals, solely responsible for the care relationship. The Platform is not responsible for the proper performance of the Healthcare Service, nor for its medical consequences (delivery error, side effects, medical malpractice), nor for the quality, safety or legality of the Services provided. It will nonetheless support the Client in their claim to the Healthcare professional, in accordance with Article 20.

Limitation of liability. In any event, AFYO’s liability, all damages combined and cumulative, may not exceed the amount of the Order connected to the damage, save for gross or wilful misconduct, bodily injury, or where the law provides otherwise. These provisions do not exclude the right of withdrawal nor the rights the consumer Client holds under mandatory consumer-protection rules.

10.4. Healthcare professional’s liability

The Healthcare professional is solely responsible for delivering the Service and for the care relationship, in accordance with the applicable standards, ethics and regulation of their country of practice. They are responsible for the truthfulness of the information published and for the validation of Access codes carried out from their account.

Essential obligation. The Healthcare professional has a contractual obligation to deliver the Service corresponding to any Access code they validate. Validating an Access code without delivering the Service constitutes a serious breach, liable to criminal qualification, in particular breach of trust.

Article 314-1 of the French Criminal Code: “Breach of trust is the act by a person of misappropriating, to the detriment of others, funds, valuables or any property handed over to them and accepted on the condition of returning, presenting or using them in a specified way. Breach of trust is punishable by five years’ imprisonment and a fine of €375,000.”

10.5. Client’s liability

The Client is responsible for the information they enter, in particular that relating to the Patient, and warrants that they have the Patient’s agreement (or that of their legal representative) to share their data and order the Service for their benefit. They undertake not to order Services contravening the applicable regulation or the list of excluded Services in Annex A. They remain responsible for passing the Access code to the Patient and for the consequences of its disclosure to third parties.

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the consumer Client has a period of fourteen (14) days from the conclusion of the contract to withdraw, without having to give reasons or bear costs other than those provided by law. To exercise this right, the Client informs AFYO of their decision by sending the withdrawal form (Annex B) or any unambiguous statement, to info@afyo.fr.

Immediate performance and waiver. Performance of the service begins as soon as the Access code is generated, which occurs immediately after payment confirmation. By confirming their Order, the Client expressly requests immediate performance of the service and acknowledges, in accordance with Article L. 221-28, 1° of the Consumer Code, that the right of withdrawal can no longer be exercised once the service is fully performed, i.e. once the Access code has been validated by the Healthcare professional and the Service delivered. A dedicated box, separate from acceptance of the CGVS, evidences this express consent before final payment confirmation.

Consequences. As long as the Access code has not been validated, the Client retains the option to withdraw or cancel under the conditions of Article 6.2; the sums paid are then refunded within a maximum of fourteen (14) days. Once the Access code is validated, the Service is fully performed and no withdrawal is possible.

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 remain the exclusive property of AFYO.

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 CGVS do not entail any assignment of intellectual property rights. Any unauthorised reproduction constitutes infringement. Elements belonging to third parties are the exclusive property of their author and protected as such; the User is prohibited from infringing them.

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. 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: Patient’s identity, Service, Access code). Data is kept for the duration of use of the Platform, plus the duration of legal limitation periods.

The User has a right of access, rectification, erasure, objection and restriction, 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, Internet users are 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 is released from liability for any breach of its contractual obligations in the event of force majeure or fortuitous event, including, without limitation, disasters, fires, internal or external strikes, failures or breakdowns, and generally any irresistible and unforeseeable event preventing the proper performance of Orders.

Failure to exercise, at any time, a prerogative recognised by these CGVS may not be interpreted either as a modification of the contract or as a waiver of the right to exercise that prerogative in the future.

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

Should any of the terms of these CGVS be held illegal or unenforceable by a court decision, the other provisions shall remain in force.

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

20.1. Prior complaint

In the event of a dispute arising from these terms or from use of the services, the Parties agree to inform the AFYO Platform (info@afyo.fr) before initiating any legal or arbitration proceedings. AFYO acknowledges receipt of any complaint and endeavours to respond within a reasonable time.

20.2. Consumer mediation

In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the consumer Client may resort free of charge to a consumer mediator with a view to the amicable resolution of any dispute with AFYO: [name and contact details of the consumer mediator to be designated before launch].

20.3. Contractual mediator (other disputes)

For disputes not falling under consumer mediation (in particular with Healthcare professionals), the Parties agree to appoint a neutral and impartial mediator, whose fees will be shared equally between them, chosen by mutual agreement within thirty (30) days of written notice of a dispute. Failing agreement, the matter will be submitted to the competent court. Mediation will be conducted confidentially.

The CGVS are governed by and interpreted in accordance with French law. Any dispute between a Healthcare professional and AFYO will be submitted to the court in the jurisdiction of AFYO’s registered office. If the action is brought by the consumer, they may rely on Article R. 631-3 of the Consumer Code:

“The consumer may bring the matter before either one of the courts territorially competent under the Code of Civil Procedure, or the court of the place where they resided at the time the contract was concluded or the harmful event occurred.”

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

The following cannot be the subject of an Order via the Platform:

• products and substances prohibited or unauthorised in the country of delivery (narcotics, unapproved medicines, counterfeit products);
• prescription medicines, in the absence of a valid prescription presented by the Patient to the Healthcare professional;
• acts prohibited by the regulation of the country of delivery or contrary to the ethics of the health professions concerned;
• any service unrelated to health, the Platform being exclusively dedicated to funding care;
• any operation aimed at transferring funds without actual delivery of a Service (Access codes are neither refundable in cash with the Healthcare professional, nor exchangeable, nor tradable);
• any Order for the benefit of a fictitious person or without their consent (or that of their legal representative).

AFYO reserves the right to add to this list at any time, in particular according to the regulations of the Covered Countries.

(Please complete and return this form only if you wish to withdraw from the contract, under the conditions of Article 11, to info@afyo.fr.)

For the attention of AFYO - I hereby notify you of my withdrawal from the contract for the provision of the service below:

• Order no.: ……………………………………
• Ordered on: ……………………………………
• Client name: ……………………………………
• Client address: ……………………………………
• Date: ……………………………………