GENERAL CONDITION OF USE AFRIQCARE

1. Object CGU

The purpose of these General Conditions of Use (hereinafter “CGU”) is to define the terms and conditions under which, on the one hand, AFRIQCARE makes its Site available to Users, and, on the other hand, Users use the Service.

The Afriqcare Platform offers the possibility for the User in particular to use the (i) Directory Service; (ii) Booking Appointments Online; Document Management ( iii ); Prescription assistance (vi) and teleconsultation (v).

Any User who accesses the Services offered by AFRIQCARE undertakes to respect, without reservation, these T&Cs. These T&Cs are notified before use of the Services to Users for express and prior acceptance. If the User does not agree with all or part of the T&Cs, he is strongly recommended not to use the Site and the Services.

AFRIQCARE is free to modify, at any time, these T&Cs, in particular to take into account any legal, regulatory, jurisprudential and/or technical developments. The prevailing version is the one accessible online at the following address: https://www.afriqcare.com  All Users are therefore required to refer to their version accessible online on the date of their access and use of the Services. The User is expressly informed that the only authentic version of the T&Cs of the Services is the one found online on the Site, which he acknowledges and accepts without restriction, committing to systematically refer to it when each connection.

The Services are provided to the User free of charge. However, the User acknowledges that the Afriqcare Platform refers to medical acts or care carried out by a Health Actor as part of a medical consultation which may be subject to billing of fees.

When Afriqcare provides details on its Site concerning the fees of a Health Actor, this information is provided for informational purposes only and for the sake of convenience. Under no circumstances does Afriqcare guarantee the accuracy of such information.

The final price of the care service may vary depending on the type of consultation actually carried out, in accordance with the care agreements in force at the Healthcare Provider. It is up to this healthcare provider to inform the Patient of the cost of this procedure or care.

IN-PERSON OR TELECONSULTATION CONSULTATIONS ARE NOT EMERGENCY SERVICES. IN CASE OF EMERGENCY, THE USER MUST GO TO AN EMERGENCY SERVICE .

2. COMMITMENT

Use of the Services is reserved for Users who are natural persons capable of subscribing to obligations in accordance with Guinean law or by whom they have been mandated for this purpose. The User may use the Services on behalf of third parties over whom he has parental authority or for whom he is recognized as guardian or curator in accordance with Guinean law.

3. DEFINITIONS

The terms below are defined according to the AFRIQCARE general conditions of use.

CGU: designates the general conditions of use applicable to AFRIQCARE services

Personal Data: refers to any information of any nature whatsoever and regardless of its medium, including sound and image relating to an identified or identifiable person directly or indirectly, through an identification number or a or several specific elements, relating to their physical, physiological, genetic, psychological, economic, cultural or social identity.

Health data : refers to “Health data” as defined by the Public Health Code in Guinea and law L-2016-037.

E-prescription or Electronic Prescription: refers to a digital Prescription.

Identifier: designates the personal identifier associated with the User's account as well as any confidential code or password issued to the User by AFRIQCARE then modified by the User and allowing the User to identify themselves in order to access to AFRIQCARE Services .

Confidential Information: refers to (i) all information of a financial, legal, commercial, technical, IT or administrative nature, (ii) all documents or information concerning access to the Services, (iii) all information which could have the effect of favoring the interests of a competing company as well as (iv) all other information that the Parties may be required to communicate to each other, directly or indirectly, in writing, orally, in any form or medium whatsoever and which, due to their nature or the circumstances of their disclosure, should reasonably be considered confidential. Confidential Information does not include information that (i) is made public prior to its communication or disclosure; and/or (ii) are already known to the receiving Party before their communication or disclosure; and/or (iii) are legally obtained from a third party who had the right to transmit them; and/or (iv) the disclosure of which one of the Parties has authorized the other in writing, before such information is disclosed.

Regulations on personal data: refers to all the conventions (UA) on cybersecurity and protection of personal data (art 13) adopted in Malabo in 2014, and law L-2016-037-AN "relating to cybersecurity and the protection of personal data in Guinea."

Afriqcare Subscriber : refers indifferently to (i) any natural person Health Professional practicing in a liberal capacity, (ii) any legal entity under private law bringing together Health Professionals for the exercise of their profession and (iii) any person under public law bringing together Healthcare professionals for the exercise of their profession, having taken out an Afriqcare subscription.

Health professional : refers to professionals participating directly or indirectly in the health care of a Patient and working as a freelancer or employee, individually and/or collectively, and who are accessible on the Afriqcare Platform.

Patient: refers to any natural person with or without a User Account who has or will benefit from a medical consultation with a Health Professional and who is supported by the latter.

Parties: jointly refers to AFRIQCARE and the User.

Contract: designates the following contractual set: (i) The Conditions of Use; (ii) definitions and (iii) personal data protection policy. These documents are made available to the User, in electronic version (i) when the User Account is created; and (ii) at any time on the Afriqcare Platform .

Documents: refers to any support, whatever the format created, received, sent or stored, during prevention, diagnosis, care or social and medico-social monitoring activities and which may contain Health Data.

Close Data(s): means the (a) Close Data (which may include Personal Data and/or Documents) (i) mentioned by the User on their User Account on behalf of the Close One; (ii) shared by the User to a Healthcare Professional on any medium whatsoever; (iii) shared by a Healthcare Professional to the User and/or Relative; (iv) processed by Afriqcare , for the purpose of providing the Services and/or any Document of any nature whatsoever, downloaded, distributed, collected or posted online by the User or Relative on the Afriqcare Platform .

User Data(s): means the (a) User data (which may include Personal Data and/or Documents) (i) mentioned by the User on their User Account; (ii) shared by the User to a Healthcare Professional on any medium whatsoever; (iii) shared by a Healthcare Professional to the User; (iv) processed by Afriqcare , for the purpose of providing the Services and/or (b) any Document of any nature whatsoever, downloaded, distributed, collected or posted online by a User on the Afriqcare Platform .

Policy: means Afriqcare's privacy and data protection policy for customers and/or Patients

Prescription: designates a Document issued following a consultation containing therapeutic recommendations.

Infrastructure : refers to any type of (i) hardware such as computers, headsets, microphones, webcams, telephones and tablets, (ii) software, Internet network, installed, managed and used by the User on a fixed or roaming basis allowing access and use of the Services.

AFRIQCARE Services: designates the directory service, the online appointment booking service, the digital medical record, prescription assistance and teleconsultation made available to AFRIQCARE users through the site.

Close: refers to any natural person identified by the User for whom the User is legally authorized by the latter (in particular but not limited to, by way of mandate), or empowered and/or mandated by law to (i ) make an appointment online directly on their User Account; (ii) make Patient requests to Health Actors and (iii) transmit and, where applicable, receive Close Data on the Afriqcare Platform .
Directory Service: designates the free search service for health professionals in Guinea made available to AFRIQCARE users through the site.

Online Appointment Scheduling Service: refers to the online appointment scheduling service with Healthcare Professionals made available to Users through the Site.

Document Management Service : designates the service allowing the User in particular (i) to download, access, consult and/or delete the Documents deposited by him or by a Health Professional on his User Account, (ii) to share these Documents , with Health Actors within the framework of eligible Afriqcare Services .

Teleconsultation or Teleconsultation Service: designates the service allowing the User and/or their Relatives to benefit from a scheduled remote consultation with a Health Professional carried out by video transmission via the Afriqcare Platform.

Service : refers to the digital health record service which stores and secures your health information (diagnosis, examination results, treatment, etc.) made available to AFRIQCARE users through the site and its application to promote prevention as well as coordination, quality and continuity of care.
Help with prescribing medications: designates the service which answers questions related to medications such as dosage, contraindications and even side effects.

Site: refers to the website www.afriqcare.com

User account : designates the User's personal space for private use, allowing them to use the Services using their Identifiers.
User: refers to any natural person who uses the Site in order to benefit from AFRIQCARE services

Visitor: refers to any natural person who browses the Site, without creating, or connecting to, a User Account .

4. INFORMATION, RESPONSIBILITIES AND GUARANTEES RELATING TO MEANS OF ACCESS TO SERVICES

AFRIQCARE puts in place the means necessary for the smooth running of the Services. AFRIQCARE takes the necessary measures to maintain the continuity and quality of the Services. The User acknowledges that his use of the Services is at his own risk . The Services are provided “as is” and are accessible without any guarantee of availability and regularity. AFRIQCARE will, however, endeavor to make the Services accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of AFRIQCARE and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the internet network or malicious acts or any damage to AFRIQCARE's hardware or software. AFRIQCARE cannot be held responsible for disruptions to the Internet network due to cases of force majeure within the meaning of Guinean and community law and due to maintenance operations on the Services planned by AFRIQCARE.

AFRIQCARE cannot also be held responsible for the installation and operation of terminals used by the User to access the Services and not provided by AFRIQCARE. More generally, AFRIQCARE cannot under any circumstances be held responsible due to an interruption of the Services whatever the cause, duration or frequency of this interruption.

The transfer rates and response times of information circulating from the AFRIQCARE platform to the Internet are not guaranteed by AFRIQCARE.
The User acknowledges that the speed of transmission of information does not depend on the Services offered by AFRIQCARE, but on the characteristics inherent to electronic communications networks and the technical characteristics of its connection mode (cable, ADSL, 3G, 4G etc.) and of his internet access.

AFRIQCARE cannot under any circumstances be required to repair any indirect damage suffered by the User during the use of the Services. Indirect damages are those which do not result exclusively and directly from the failure of AFRIQCARE Services. In addition, AFRIQCARE cannot be held responsible for acts carried out by the User or a third party using the Services.

Any software downloaded by the User, or obtained in any other way while using the Service, is at the User's own risk.

Any User can access the Directory Service without needing to create an account. By using the functionalities available on the Site www.afriqcare.com the User acknowledges having read and unreservedly accepted these Conditions of Use.

Any User creating a User Account in order to access the Online Appointment Scheduling, Teleconsultation, Document Management and Medication Prescription Assistance Services also undertakes to respect, without reservation, these T&Cs. . The User accepts the T&Cs expressly, without restriction or reservation when creating their User Account. The creation of a User Account implies the User's full acceptance of the Contract.

If the User does not agree with all or part of the T&Cs, he or she must not use the Services. The T&Cs are applicable from their acceptance by the User for an indefinite period until the termination of the Contract for Users with a User Account.

CAPACITY: Use of the Services is reserved for Users who are individuals over fifteen (18) years of age capable of subscribing to obligations in accordance with Guinean and African law.

5. CREATING A USER ACCOUNT

In order to benefit from Afriqcare Services , the User must create an online User Account. When creating their User Account, the User undertakes to provide accurate and complete Information about their identity as requested in the online form. In particular, he undertakes not to create a false identity likely to mislead Afriqcare, Health Actors or third parties and not to usurp the identity of another person. The User undertakes to immediately update, in the event of modification, the data that he communicated when he first connected to his User Account.

Given the nature of the Services provided, Afriqcare reserves the right to verify and/or have verified, by a specialized third-party service provider, the identity of the User, in particular by asking them to transmit a copy of their identity card. identify.

After validation of the T& Cs and creation of their User Account, the User receives a confirmation email electronically to the address they have provided. It is the User's responsibility to verify that the email address provided is correct when creating their Account.

In the event that the User provides false, inaccurate, obsolete, incomplete or misleading information, Afriqcare may, immediately without notice or compensation, suspend access to the User Account and refuse access, temporarily or permanently to all or part of the Services.

6. RELATIVE ACCOUNTS

The User can use their Account to make appointments for themselves or for a loved one. The user acknowledges having received authorization from this Relative to (i) use their Personal Data and register them on the Afriqcare Platform; (ii) to make an appointment in their name.

The User undertakes to provide, when creating the Proche account or when making an appointment online, the telephone number and email of said Proche in order to enable them to receive SMS/emails from communication related to the appointment as well as any Document related to their care that the Health Actor would like to send to them. If it is impossible to provide the contact details of their loved one, the User acknowledges having obtained the prior consent of their loved one in order to receive for them the information and documents relating to their appointment.

7. TECHNICAL SPECIFICITIES OF ACCESS TO SERVICES

The User Account includes in particular the Identifiers provided by Afriqcare. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the User's identification elements is lost or stolen, the latter must immediately inform Afriqcare, which will then immediately cancel and/or update the Identifier concerned.

The User is solely responsible for the use made of his Identifiers, in particular if he pre-records his Identifier on equipment, thus allowing automatic connection to the Services.

Any access, use of the Services and transmission of data made from the User Account will be considered to have been made by the User. In this regard, the User is required to ensure that at the end of each session he actually disconnects from the Services, in particular when he accesses the Services from a public computer.

Any loss, misappropriation or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of that User. In all cases mentioned above, the User is required to notify Afriqcare, without delay, by electronic message, specifying their Identifiers, last name, first names to the following address: ​contact@afriqcare.com so that Afriqcare can reset the User Account.

8. SMS AND EMAILS ADDRESSED TO THE USER

By making an Online Appointment, the User requests and therefore authorizes the Health Actor, via Afriqcare, to send them SMS and emails (i) to confirm, cancel or remind them of an appointment; (ii) information on sending a document; (iii) information on renewal reminders and (iii) any type of information relating to the appointments he has made, particularly on the Afriqcare Platform.

Furthermore, the User acknowledges and consents to any Health Actor who is part of his healthcare team, via Afriqcare, sending him SMS or emails concerning his organization.

These SMS/emails are sent by Afriqcare on behalf of the Health Actor with whom the User has made an appointment via the Afriqcare Platform or by another means, independent of Afriqcare. Afriqcare declines all responsibility in the event of non-receipt of an SMS or email for technical reasons beyond its control.

The User may object to the sending of SMS/emails. To do this, he must make a request to the health care provider with whom he has made an appointment. The Healthcare Provider is solely responsible for deactivating the sending of SMS/emails if the Patient objects.

Afriqcare and the Health Actor decline all responsibility in the event of an error in the entry of contact details by the User making it impossible to send any SMS or any email necessary for the proper functioning and administration of the Check-in Service. Go online.

9. OBLIGATIONS, RESPONSIBILITIES AND GUARANTEES OF AFRIQCARE

Afriqcare puts in place the means and measures necessary for the smooth running and maintenance of the continuity and quality of the Services. The User acknowledges that the role of Afriqcare is limited to that of a simple intermediary and technical service provider.

The User acknowledges that Afriqcare cannot be held responsible for an interruption of Services or a delay in execution not within its control and, in particular, that the provision of the Services depends on the reliability, availability and the continuity of connections of a certain number of third parties (operators of the telecommunications network, the public Internet, User Equipment, etc.) as well as the accuracy and integrity of User Data . Afriqcare may be required to suspend the Services for maintenance purposes scheduled by Afriqcare or one of its subcontractors or in the event of a technical necessity (emergency maintenance).

It is understood between the Parties that Afriqcare cannot under any circumstances be held responsible for repairing any indirect damage suffered by Users during the use of the Services. In addition, Afriqcare cannot be held liable for acts (i) resulting from an act or negligence of the User or (ii) which do not comply with applicable regulations and/or to the Contract. Afriqcare declines all responsibility in the event of a dispute, whatever the cause, between a User and a Health Actor, not attributable to Afriqcare.

Afriqcare cannot under any circumstances be held responsible for (i) the non-execution or poor execution of an act or treatment by a healthcare provider (ii) for the content of a Prescription or a Medical Document and/or (iii) side effects experienced by a User following a face-to-face or videoconference consultation.

10. GENERAL OBLIGATIONS OF THE USER

The User undertakes to:

1. comply with the terms of the Contract;
2. to make available to Afriqcare, without limitation, all supporting documents enabling the User Data to be certified;
3. communicate to Afriqcare, within the agreed deadlines, all the information necessary for the provision of the Services and update the User Data in writing. The User is solely responsible for the consequences linked to a defect or delay in updating said Data;
4. verify that the Equipment necessary for the use of the Services and used complies with the technical requirements communicated to it; The supply, installation and maintenance of the Equipment as well as electronic communications costs (such as telephone costs and Internet access costs) resulting from their use are the sole responsibility of the User. It is the User's responsibility to find out the price of using said Equipment and services from the operators concerned;
5. protect against the risks of loss or hacking of data, files and programs by using regularly updated antivirus software packages;
6. restrict access and observe the greatest confidentiality with regard to any methods of access to the Services, whatever they may be, and generally, secure these modes of access in order to prevent unauthorized use of the Services ;
7. use the Services in compliance with the laws and regulations applicable to the Contract;
8. not use the Services in a way that could harm the reputation of Afriqcare and/or Health Actors;
9. that the User Data that it communicates in the context of the use of the Services does not prejudice the rights of third parties and to be authorized to disseminate them.
10. use the Platform and Services only for private purposes. The Services may not be used for commercial or profit-making purposes.

Furthermore, the User:

• is responsible for (i) the use that he or his Relatives make of the Services, (ii) the User Data that he provides on the Platform and (iii) the use of these by Afriqcare and/ or Health Actors;
• indemnifies Afriqcare, its representatives from all costs (including legal fees, costs and expenses) and damages related to claims and legal actions relating to (i) the use of the Services by the User and/or his Relatives in an illegal, immoral, fraudulent manner, or outside of the Contract; (ii) the User Data that he provides and their use by Afriqcare and/or the Health Actors and their Assistants; (iii) the violation of the Intellectual Property rights of Afriqcare as well as any third party, due to the use of the Services by the User.

11. PRIOR INFORMATION RELATING TO THE SERVICES

The Site offers the User the possibility of using:

• Directory Service
• The Online Appointment Scheduling Service
• The Medication Prescription Assistance Service
• The digital medical record service
• The teleconsultation service

The Services are provided to the User free of charge. However, the User acknowledges that he will have to pay the price of the service when it is performed, directly to the Health Professional with whom he was put in contact through the Site.
The information provided on the prices charged by Healthcare Professionals is provided for informational purposes only. Under no circumstances does AFRIQCARE guarantee the accuracy of such information.

12. DESCRIPTION OF SERVICES

1. DIRECTORY SERVICE

The Directory Service allows the User holding a User Account and the Site Visitor to search for a Health Actor according to different criteria (location, specialty, languages spoken, man/woman, etc.), to consult the page of the Health Actors thus sought and to indicate to the Health Actor that he has sought to make an appointment with him online on the Afriqcare Platform.

Afriqcare does not guarantee that its directory contains all of the Health Actors practicing in Guinean territory and more specifically in the geographical area in which the User is searching. Consequently, it is possible that the User will not find a Health Actor on the Site by using the Directory Service.

AFRIQCARE refers the User to the website of the competent professional orders regarding health professionals exercising a regulated profession and to the websites of the unions representative of health professionals not practicing a regulated profession in order to obtain the exhaustive list of members of each profession concerned. The list of professional orders is available on the website ​Afriqcare.com​.

AFRIQCARE reminds that under no circumstances can the Directory Service be assimilated, due to its lack of exhaustiveness, to a service for referring Patients to Health Actors.

The User always retains the choice of the Health Actors whom they consult in accordance with the applicable provisions of the Public Health Code, the ethical provisions applicable to regulated professions and the restrictive provisions applicable to unregulated professions.

Afriqcare is in no way responsible for the accuracy of the information which appears on the page of each Health Actor. The accuracy and updating of this data are under the entire responsibility of the said Health Actor.

2. ONLINE APPOINTMENT MAKING SERVICE

The User can, at any time, make an appointment online with a Health Professional for a consultation at a time indicated as available by the Health Professional on the Portal and that the User has previously identified within the Portal through the Directory Service. Each appointment is transmitted in real time to the Healthcare Professional.

The User can also manage their appointments (cancellation, modification) and follow the history of their appointments.
The User authorizes the Health Professional, via AFRIQCARE, and/or AFRIQCARE to send him SMS and e-mails whose purpose is to provide him with information about the appointments he has made on the Site.

The User also authorizes the Health Professional, via AFRIQCARE, and/or AFRIQCARE to notify him by SMS or e-mail of any practical information concerning the Health Professionals who are part of the “My healthcare team” list accessible on the account of each User, or any health information sent by these same Health Professionals. Any Health Professional with whom the User has made an appointment is automatically added to this list. The User has the possibility of modifying his list directly from his account. AFRIQCARE and the Health Professional decline all responsibility in the event of an error in the entry of their contact details by the User making it impossible to send any SMS or any e-mail necessary for the proper functioning and administration of the Service. Make an Appointment Online.
It is up to the User to make any checks that seem necessary or appropriate before making any reservation with one of the Health Professionals registered on the Site. AFRIQCARE is in no way responsible for the accuracy of the information which appears on the page of each Health Professional. The accuracy and updating of this data are the entire responsibility of the Health Professional.

Use of the Services does not directly or indirectly dilute, modify or attenuate the responsibility and obligations of Health Professionals registered with the Services towards Users. Health Professionals exercise their professional practice in complete independence, according to their personal ethical, legal and regulatory obligations and under their exclusive responsibility.
AFRIQCARE is in no way responsible for any cancellation or unavailability of the Health Professional following the identification and scheduling of an appointment by the User via the Online Appointment Scheduling Service.

The User undertakes to complete all the necessary Information requested of them for the proper use of the Online Appointment Scheduling Service.
The User is informed of the fact that scheduling an appointment via the Online Appointment Making Service constitutes a firm commitment on their part, and that any failure to show up for a scheduled appointment must be made subject to prior notification of cancellation or postponement to the Healthcare Professional concerned. This information can be provided either via the cancellation system offered via the Site, or by any means of contacting the registered Health Professional, at the User's choice. The user acknowledges being informed that he exclusively assumes the consequences of his failure to show up for an appointment with the Health Professional concerned. The User is also informed that if he is declared absent by the same Health Professional at three of his appointments, he will no longer be able to make an appointment online until the Health Professional concerned does not unlock the possibility of making an appointment.

• REGISTRATION AND ACCESS TO THE ONLINE APPOINTMENT SERVICE

After the User's request to create their account, AFRIQCARE provides the User with Identifiers so that the User can access their User account. When requesting to open their User account, the User provides true, accurate, up-to-date and complete information about their identity as requested in the internet form. In particular, he undertakes not to create a false identity likely to mislead AFRIQCARE or third parties and not to usurp the identity of another natural person. The User undertakes to immediately update, in the event of modification, the data he initially communicated.

In the event that the User provides false, inaccurate, outdated, incomplete, misleading or misleading information, AFRIQCARE may, immediately without notice or compensation, suspend or terminate the User's User account and refuse access, temporarily or permanently to all or part of the Services.

The User account includes in particular its Identifiers and placed under the exclusive responsibility of the User. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the User's identification elements is lost or stolen, the latter must immediately inform AFRIQCARE, which will then immediately cancel and/or update the Identifier concerned.

The User is solely responsible for the use made of his Identifiers, even if the User pre-records his Identifier on his computer, his mobile phone or on any other type of equipment, thus allowing automatic connection to the Services.
Any access, use of the Services and transmission of data made from a User's User account will be deemed to have been made by the latter. Safeguarding the confidentiality of the User's Identifiers is the entire responsibility of the latter. In this regard, the User is required to ensure that at the end of each session he actually disconnects from the Services, in particular when he accesses the Services from a public computer.

Any loss, misappropriation or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of that User. In all cases mentioned above, the User is required to notify AFRIQCARE, without delay, via the Help Form, so that AFRIQCARE can reset the User account.

Each User may cancel their User account subscription at any time by contacting AFRIQCARE via the Help Form.

3. DOCUMENT MANAGEMENT SERVICE

By accessing their User Account, the User can:

• add Documents in the “My Documents” tab for himself and/or the Relatives for whom he makes an appointment online via the Afriqcare Online Appointment Scheduling Service for whom he has received authorization to manage their Documents.
• access, consult and download electronic Documents and Prescriptions shared by Health Actors - Afriqcare Subscribers, following an in-person consultation or a Teleconsultation from the “My Documents” tab.
• share their Documents with Subscriber Health Actors when making an online Teleconsultation appointment or from the “My appointments” tab on Afriqcare, for themselves or for a loved one.
• share a document with a third party by email, via the Afriqcare Platform.

The User remains the sole owner of the Documents that he adds to the Document Management Service and of the Documents that are shared with him by his Health Actors. He has the possibility to add, consult, rename, download and delete these Documents at any time. A Document deleted by the User is permanently deleted, both on the User's account and on the account of the Health Actors hosted on the Afriqcare Platform with whom the Document may have been shared by the User. The Health Actor retains the possibility of making a copy of the Document during the period of time during which he has access to it. In the event that the User wishes to ensure that the Document is deleted by the Health Actor, he must make an express request for deletion of the Document to the latter.

Furthermore, the User remains solely responsible for the legality of the content of the Documents that he adds to the Document Management Service or that he shares with Health Actors or with other people. Afriqcare is in no way responsible for the content or accuracy of the Documents shared by the Health Actors with the User. The transmission by the User of Documents containing Personal Health Data to any third party is done under their sole responsibility.

4. PRESCRIPTION ASSISTANCE SERVICE

Afriqcare provides Users with various technological building blocks to secure patient prescriptions by having access to:

1. a virtual assistant who answers questions related to medications such as dosage, contraindications or even side effects;
2. a prescription analysis which highlights possible medication problems such as interactions between medications or field contraindications, and which allows them to be filtered by severity level. Taking a photo of the prescription to retrieve the information is possible;
3. an alert module on inappropriate medications for the elderly (STOPP criteria);
4. a module allowing the reporting of adverse effects by pharmacovigilance teams by allowing them to prioritize the most serious cases: the Medication Shield.
5. a module for detecting potential adverse effects in one or more prescriptions;
6. a module allowing you to learn the dosages and maximum durations of medications: Poso Max
7. access to all French monographs;
8. saving the analyzed prescriptions.

With the free version of these modules, the User has access to all the functionalities with daily limitations on the virtual assistant (3 questions/day), prescription analysis (1 photo and 1 analysis/day) and reading medicine boxes by QR code (1/day). For pharmacists, the free version of these modules allows access to a shared medication report (1 test report).

The paid version of these same modules gives access to all the functionalities without limitation of use.

Other technological building blocks are also available to health professionals and more particularly pharmacists (community and clinical pharmacists).

1. The “shared medication assessment” is specific to the daily missions of community pharmacists.
2. The medication reconciliation module to ensure continuity of care between the different stages of a patient's care in community pharmacies and hospital pharmacies.

5. TELECONSULTATION SERVICE

In order to benefit from a quality Teleconsultation Service, the User must have at least the following equipment: (i) a smartphone or a sufficiently recent computer with a camera with a satisfactory resolution and (ii) an Internet connection (in 4G) with sufficient speed. If this is not the case, the Health Actor may put an end to the Teleconsultation and if he deems it appropriate, charge the User fees relating to the actions already carried out. Afriqcare is only a technical intermediary, between the User and the Health Actor, allowing a remote consultation to be carried out by video transmission, the sending of documents electronically and online payment.

When making an appointment for a Teleconsultation, the User undertakes to provide the banking information or orange money account number which will be necessary for online payment of the Teleconsultation. The payment system is outsourced to an approved payment service provider.

During the appointment, the User is invited to come to the Teleconsultation a few minutes before it in order to ensure the quality of the audio and video connection from the smartphone or computer.

When connecting for the Teleconsultation, the User is put on hold by the Health Actor for a period left to the discretion of the latter. The Health Actor then activates the start of the Teleconsultation. AFRIQCARE cannot be held responsible for delays or cancellations by Health Actors.

The User undertakes to use the Teleconsultation Service under conditions allowing him to ensure confidentiality and the smooth running of exchanges with the Health Actor. In particular, the User must ensure that the Teleconsultation is carried out in a sufficiently bright and quiet place to allow a quality Teleconsultation.

The Healthcare Provider is the sole judge of the relevance of remote support for the User and may interrupt the Teleconsultation if necessary if the conditions for remote support are not met. The duration of a Teleconsultation is left to the free discretion of the Health Care Provider. During the Teleconsultation, the User must comply with the instructions specified by the Health Actor, for optimal care or diagnosis. Health Actors carry out Teleconsultation in complete independence, following the ethical and legal obligations incumbent upon them. The Teleconsultation takes place under the exclusive responsibility of the User and the Health Actor.

The User undertakes not to record, copy or distribute any content or extract of content related to the Teleconsultation whatever the means, support, process or purpose. The Teleconsultation is not recorded by the Health Actor, nor by Afriqcare nor by any other third party. The Teleconsultation Service, however, allows the Health Actor, if necessary and for the sole purpose of facilitating the establishment of a diagnosis or completing the patient's medical file, to capture an image of the teleconsultation.

The User is informed that any infringement of image rights, respect for private life or professional and medical confidentiality may be subject to sanctions, including criminal sanctions.

In the event of a malfunction of any nature whatsoever during the Teleconsultation, the User must immediately inform the Health Actor. The User who improperly interrupts the Teleconsultation incurs liability towards the Healthcare Provider.

At the end of the Teleconsultation, the Health Actor confirms the amount to be paid by the User. Depending on the situation, the Health Actor may decide to reduce or not charge for the Teleconsultation.

The User can then receive the corresponding fee note in their User Account, and where applicable, the report of the Teleconsultation and/or a prescription, by going to the “my appointments” section and selecting the Teleconsultation carried out in order to download said documents. Establishing a prescription is at the discretion of the Health Actor.

Incivility, verbal or written, against Health Actors may be subject to prosecution and suspension or even termination of the User account by Afriqcare .  Afriqcare cannot ensure the conformity of its Teleconsultation Service and its use beyond French jurisdiction.

Assisted Teleconsultation: ​As part of an Assisted Teleconsultation, ​Online Appointment Scheduling as well as the Teleconsultation are carried out by the State Registered Nurse on behalf of the User from the Afriqcare account of the State-certified nurse. The IDE is responsible for compliance with regulatory provisions relating to telemedicine acts

 

 

 

 

13. SUPPORT SERVICE

Users of the service can access the AFRIQCARE support service on its website www.afriqcare.com or by telephone at 6 11 06 43 06 from Monday to Friday from 9 a.m. to 6 p.m. AFRIQCARE agents will be available to answer all questions or technical difficulties, excluding any information of a medical nature, encountered by users when using the DMN service.

14.  INTELLECTUAL PROPERTY

The Afriqcare Services and all the elements which compose them are, unless otherwise stated, the exclusive property of Afriqcare.

No provision of the Contract may be interpreted as a transfer of Intellectual Property rights.

Afriqcare grants the User, for the duration of the Contract, a personal, non-exclusive, non-assignable and non-transferable right to use the Afriqcare Platform.

The User undertakes not to (i) attempt to access or copy the source codes of the Afriqcare Platform; (ii) use the Afriqcare Platform for purposes other than using the Services; (iii) create copies of the Afriqcare Platform; (iv) reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, decompile (except and only to the extent expressly permitted by applicable law), or incorporate the Afriqcare Platform in other software or create derivative works based on the Afriqcare Platform, whatever the means and support; (v) resell, rent, or commercially exploit the Afriqcare Platform, nor transfer/license the Afriqcare Platform to a third party; (vi) conduct penetration tests or attempt to obtain a denial of service on the Services.

The User acknowledges that any violation of this article constitutes an act of counterfeiting which is punishable civilly and criminally. The User understands and agrees that the Afriqcare Platform is not intended to meet any particular requirements on their part and is provided "as is". Africare excludes, to the extent permitted by law, any guarantee of any nature whatsoever.

15. CONTROLLER AND SUBCONTRACTOR

AFRIQCARE is the data controller within the meaning of law L-2016-037-AN “relating to cybersecurity and the protection of personal data and the Public Health Code in Guinea. As such, it undertakes to take all necessary precautions with regard to the nature of the data, and the risks presented by the processing, to preserve the security of the data and, in particular, to prevent them from being distorted, damaged or unauthorized third parties have access to it. The hosting of data collected and stored by AFRIQCARE is provided by the company OVH based in France which benefits from approval for a hosting service for personal health data collected by AFRIQCARE within the framework of the DMN and CVN and Prize Appointment.

Address of the host: the company OVH, with capital of €10,069,020 whose head office is located at 2 rue Kellerman-59100 Roubaix-France, and registered in the Trade and Companies Register of Lille Métropole under number 424 761 419 00045.
The host of the data collected by AFRIQCARE is notably the guarantor

• the control and protection of exchanges, notably via the identification and authentication of healthcare professionals and patients to preserve confidentiality;
• data protection to guarantee its integrity;
• data accountability;
• the traceability of any action (access, supply, consultation, etc.);
• saving health data and traces.

16.  SUSPENSION

1. Suspension with notice

In the event of (i) non-compliance by the User with the stipulations of the Contract or (ii) behavior of the User likely to harm Afriqcare and/or a Health Actor and/or other Users, or (iii) violation of the laws and regulations in force, Afriqcare will put the User on notice, upon notification sent by any means, to remedy the alleged defect(s) within seven (7) days following the date of notification before proceeding as of right to suspend or limit the User's access to all or part of the Services.

2. Suspension without notice

In the event of serious danger - anticipated or proven - for (i) a Health Actor and/or a Patient, or (ii) the reputation of Afriqcare or a Health Actor, Afriqcare may suspend or limit the access of the User to all or part of the Services without notice. The User will be informed of this suspension by any means.

Afriqcare will decide unilaterally what action to take following the suspension of the Contract.

3. Consequences of suspension

During the period of suspension of their access to the Services, the User can exercise their rights over their Personal Data, in accordance with the article “User Rights” of the Personal Data Protection Policy.

Afriqcare will not be liable for any damages resulting from the suspension of the Services under this section.

17.  TERMINATION

1. Termination by Afriqcare

The User acknowledges being informed that all or part of the Services may be terminated by Afriqcare, without it having to justify its decision and without compensation. In this context, the User is informed that Afriqcare must provide one (1) month's notice.

Furthermore, in the event of serious misconduct by the User, such as the use of one or more Services (a) contrary to the stipulations of the Contract, (b) contrary to laws and regulations (c), likely to cause harm to the reputation of Afriqcare or a Health Actor, or the physical or mental integrity of another User, Afriqcare may terminate, by any means, all or part of the Services with notice of seven (7) days to effective suspension and without compensation.

 

2. Termination by the User

The User may terminate the Contract at any time by requesting the deletion of his User Account at support@afriqcare.com or by logging into his User Account (“My Account” section). In accordance with their right to portability of Personal Data, the User may retrieve them in CSV or Excel format before deleting their User Account. The User acknowledges having all the rights and/or authorizations necessary to be able to retrieve the aforementioned data.

3. Consequences of termination

Any termination of the Contract by Afriqcare or the User automatically results in (i) the end of the User's right of access to the Services, (ii) the deletion or anonymization of all User Data as well as all Medical Documents , contained in the User Account. Afriqcare is nevertheless authorized to keep a copy of the Confidential Information for any purposes imposed by applicable law.

18.  PROTECTION OF PERSONAL DATA

The Personal Data protection policy available on ​afriqcare.com describes the respective roles and obligations of the User and Afriqcare regarding the processing of Personal Data in the context of the performance of the Services. By accepting these T&Cs, the User and Afriqcare undertake to respect the terms and conditions of said personal data protection policy.

19.  COOKIES

Afriqcare expressly invites the User to consult its policy relating to Cookies which is an integral part of these T&Cs.

 

 

20. DATA TRANSFER TO THE APPLICATION

The User expressly authorizes Afriqcare to transfer to the Afriqcare Platform any User Data necessary for the perfect use of the Services provided by Afriqcare.

21. CONFIDENTIALITY

Each Party guarantees to ensure the strict confidentiality of the Confidential Information shared during the pre-contractual and post-contractual phases, as well as during the execution of the Contract. As such, each Party undertakes to (i) only use the Confidential Information for the sole purposes of the execution of the Contract and to the strict extent necessary; (ii) take all necessary precautionary and protective measures to preserve the confidentiality of the Confidential Information of the other Party and to prevent access by unauthorized persons and, at a minimum, offer them the same degree of protection only to its own Confidential Information; (iii) never disclose or reproduce the Confidential Information of the other Party to persons other than its members, employees, agents (a) who must have access to this Confidential Information to fulfill the obligations of which the Party in question is bound by the Contract, or (b) who are entitled to take cognizance of it under the Contract. These members, employees and agents can only have access to it themselves under conditions (i) and (ii) above.

In all cases, the Party receiving the Confidential Information guarantees compliance with this confidentiality commitment by the persons having knowledge of the Confidential Information, whether in particular its employees or subcontractors.

The confidentiality obligation will remain valid for a period of five (5) years after the expiration, for whatever reason, of the Contract. Notwithstanding the foregoing, each Party may disclose Confidential Information without the consent of the other Party, to the strict extent that such disclosure is required by a competent authority or pursuant to a legal or ethical obligation.

 

22.  FORCE MAJEURE

Situations whose constituent elements are characterized within the meaning of Article 1104 of the Guinean Civil Code are considered by the Parties as cases of force majeure. In the event of such an event, the victim party must immediately inform the other Party in writing.

The event of force majeure suspends the obligations of the Party concerned during the time the force majeure occurs. However, the Parties will endeavor to minimize the consequences as far as possible. If a force majeure event renders one of the Parties unable to fulfill its contractual obligations under the Contract for more than thirty (30) consecutive days, either Party may terminate the Contract after sending a registered letter with acknowledgment of receipt. The Parties will then no longer be required to comply with their obligations with the exception in particular of those resulting from the articles “Intellectual Property”, “Confidentiality”, “Protection of Personal Data” and “Liability” herein, without any compensation or penalty, for whatever reason, is due on either side.

23.  MISCELLANEOUS

1. Waiver: the fact, for one or other of the Parties, of not relying on one or more stipulations of the Contract may in no case imply the waiver by this Party of relying on them subsequently.
2. Partial nullity: in the event that certain stipulations of the Contract are inapplicable for any reason whatsoever, including due to an applicable law or regulation, Afriqcare and the User will remain bound by the other stipulations of the Contract and will endeavor to remedy the inapplicable clauses in the same spirit as that which governed the conclusion.
3. Proof Agreement: the Parties expressly agree that any document signed electronically within the framework of the Contract (i) constitutes the original of said document; (ii) has the same probative value as a handwritten writing on paper and can validly be used against the Parties; (iii) may be produced in court, as literal proof, in the event of disputes. Consequently, the Parties recognize that any document signed in a dematerialized manner constitutes proof of the content of said document, the identity of the signatory and his consent to the obligations and consequences of fact and law which arise from the document signed in a dematerialized manner. The termination or expiration of the Contract cannot call into question the probative force of the documents signed electronically before the date of its termination/expiration.
4. Means of proof: In order to establish the (proven or supposed) attack on the reputation of Afriqcare and/or Health Actors or on the physical or mental integrity of Patients, Afriqcare may rely on messages sent to Afriqcare that it will have been previously anonymized in order to guarantee the confidentiality of their exchanges, as long as the content of the messages does not allow them to be identified.
5. Feedback: If a User provides feedback to Afriqcare regarding the functionality or performance of the Services (including the identification of errors or improvements), the User agrees to license to Afriqcare without restriction nor payment, all right, title and interest therein.
6. Rights and permissions: Each Party declares that it has the rights and permissions necessary to enter into the Contract and perform the obligations mentioned therein.
7. Independence: It is perfectly clear between the Parties that each of them acts herein as an independent contractor and that none of the Parties can be considered as the employee, agent, distributor, principal or representative of the other Party.
8. Modifications to the T&Cs: The User acknowledges and accepts that the authentic version of the T&Cs is the one found online when accessing the Site and/or using the Services. The User is therefore required to refer to the version of the T&Cs online on the date of access and use in question.

Afriqcare is free to modify these T&Cs at any time, in particular in order to take into account any modification of the Site, the Platform and/or its Services as well as any legal, regulatory, jurisprudential and/or technical developments or constraints. In the event of significant modification(s) made to the Site, the Platform, the Services and/or their conditions and terms of access and use, Afriqcare will inform the User by any means and with prior notice. reasonable.

1. Satisfaction survey: Afriqcare reserves the right to send satisfaction surveys to any User from time to time by email aimed at evaluating the quality of Afriqcare's Services. The User has no obligation towards Afriqcare to respond to these.

10. Claims management : The User can send a complaint in connection with the use of the Services to the following address: Afriqcare-Support Patient-Matoto, Commune of Matoto, or online https://www.afriqcare.com
11. Anti-corruption: As part of the activities associated with the Contract or in relation to the relationship between Afriqcare and the User, Afriqcare and the User undertake to respect the Guinean and African legal and regulatory provisions, as well as the internationally recognized principles relating to the fight against corruption.

50. Minimization of damage: The Parties will endeavor to achieve the objectives mentioned in the Contract. In particular, the Party which suffers from the non-performance of an obligation must take all reasonable measures to minimize the damage likely to result. Failing to act in this way, she can only obtain from the other party compensation for the damage that she could not avoid.

1000. Beta Version: Afriqcare may offer the User the opportunity to try beta versions of certain Services. These beta services are provided for evaluation purposes only and cannot be used in a production environment. The User acknowledges that these beta services may contain bugs, errors and other problems and accepts them “as is”, without warranty of any kind. Afriqcare (i) is not responsible for any problems related to the User's use of the beta services; (ii) may discontinue use; (iii) may delete any data contained in such beta versions, without any liability.
14. Test: access to the Services in test mode is subject to prior acceptance by the User of these Conditions of Use. The Trial Services are also provided “as is” without support or any express or implied warranty of any kind.
15. Interpretation: Words in the singular include the plural and vice versa. A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code. Any reference to a sum of money refers to the euro currency. A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code.
16. Third-party sites: Afriqcare is not responsible for the operation, quality of information and content of third-party sites over which Afriqcare does not exercise any kind of control but to which the Services may refer.

24.  LEGAL NOTICE

The Afriqcare Services are operated by Afriqcare, a single-member simplified joint stock company registered with the RCCM of Conakry under number RCCM/GN.TCC.2020. B.00295, whose head office is located within the Bleuzone de Dixinn premises.

Director of publication: Mr. Dr Amara DIAWARA .

25.  AMICABLE SETTLEMENT - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The User is informed that the Site is aimed at patients residing in the West African sub-region and is subject to OHADA law. Also, by browsing the Site or using Afriqcare Services, the User submits to OHADA law.

Before any contentious action, Afriqcare and the User will seek, in good faith, to settle amicably their disputes relating to validity, interpretation, execution or non-performance, interruption, termination or denunciation of these Conditions of Use, for whatever reasons and on whatever grounds. Afriqcare and the User must meet in order to compare their points of view and make any useful findings to enable them to find a solution to the conflict between them.

Afriqcare and the User will endeavor to find an amicable agreement within thirty (30) days from notification by one of them of the need for an amicable agreement, by registered letter with acknowledgment of receipt. .

Except to preserve their right of action or to avoid imminent damage, no legal action can be admissible before this amicable dispute resolution procedure has been fully respected.

Any difficulties relating to the validity, application or interpretation of the Contract will be subject, in the absence of amicable agreement, to the jurisdiction of the competent Courts in accordance with French law.