Legal Agreement Governing Law: Kenya

Terms of Service

These Terms constitute a legally binding agreement between you and AfyaX governing your use of the platform

Effective Date: June 13, 2026
Last Updated: June 13, 2026
Version 2.0
Acceptance of Terms

By accessing, registering, or using the AfyaX Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of a business or entity, you represent that you have the authority to bind such entity.

1

Nature of the Platform

AfyaX is a structured digital healthcare trade ecosystem designed to formalize, streamline, and de-risk pharmaceutical and medical supply transactions across the healthcare value chain.

The Platform integrates:

  • A healthcare-focused ERP layer
  • A B2B marketplace infrastructure
  • A controlled escrow-based payments system
  • A commission-driven growth architecture
  • A traceable and compliance-aligned transaction environment

AfyaX acts as an intermediary facilitating transactions between licensed buyers and sellers. We are not a party to the underlying sale of products and do not take ownership of or responsibility for the products listed on the Platform, except as explicitly stated in these Terms.

Important: All transactions on AfyaX are governed by escrow protection. Funds are held securely and released only upon delivery confirmation.
2

Eligibility & Account Registration

2.1 Eligibility Requirements

To register for an account on AfyaX, you must:

  • Be a legally registered business entity or licensed healthcare professional
  • Be at least 18 years of age
  • Have the legal authority to bind your organization to these Terms
  • Possess valid PPB licenses and registrations as applicable
  • Provide accurate and complete information during registration
2.2 Verification Process

All users undergo a verification process before accessing platform features:

Buyers
  • Business registration certificate
  • KRA PIN
  • PPB Facility Registration Number
  • PPB License Number
  • Superintendent license (where applicable)
Suppliers
  • Certificate of incorporation
  • KRA PIN
  • PPB Registration and License
  • Licensed health professional credentials
  • Business address and location

Verification typically takes 1-2 business days. You will receive email confirmation upon approval.

3

User Responsibilities

As a user of the AfyaX Platform, you agree to:

  • Maintain accurate and up-to-date account information
  • Keep login credentials confidential and secure
  • Ensure all licenses remain valid and active
  • Comply with all applicable laws and regulations
  • Use the Platform only for legitimate healthcare commerce
  • Respond promptly to order notifications
  • Notify AfyaX of any security breaches or unauthorized use
  • Cooperate in dispute resolution processes
You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized access.
4

Purchases, Payments & Settlement

4.1 Escrow Payment System

All transactions on AfyaX are processed through our escrow system:

1
Buyer funds wallet

Funds are added to the buyer's AfyaX wallet

2
Order placed, funds locked

Equivalent funds are moved to escrow

3
Seller fulfills order

Seller ships goods with tracking

4
Buyer confirms delivery

Delivery confirmation triggers release

5
Settlement to seller

Funds released, commission deducted

4.2 Payment Methods

AfyaX accepts the following payment methods:

  • M-Pesa (instant mobile payments)
  • Card payments (Visa, Mastercard)
  • Bank transfers (corporate accounts)
4.3 Settlement Timeline

Funds are released to sellers within 24-48 hours of delivery confirmation. Withdrawals to M-Pesa or bank accounts typically process within 1-3 business days.

5

Delivery & Fulfillment

Delivery of products is managed by sellers or their designated fulfillment partners. AfyaX provides tracking visibility but is not responsible for physical delivery.

5.1 Seller Responsibilities
  • Fulfill orders promptly and accurately
  • Provide valid tracking information
  • Ensure products meet quality standards
  • Comply with delivery timeframes
  • Resolve delivery issues in good faith
5.2 Buyer Responsibilities
  • Provide accurate delivery addresses
  • Confirm delivery promptly upon receipt
  • Inspect products upon delivery
  • Report issues within specified timeframes

Estimated Delivery Times: Nairobi CBD (1-2 days), Nairobi other areas (2-3 days), Major towns (3-5 days), Other locations (5-7 days).

6

Returns & Disputes

6.1 Return Eligibility

Returns are accepted in the following circumstances:

  • Damaged Products: Products received in damaged condition
  • Wrong Items: Incorrect products sent
  • Expired Products: Products past expiry date
  • Quality Issues: Products not meeting quality standards

Returns must be initiated within 7 days of receipt. Return shipping for damaged/wrong items is covered by the seller.

6.2 Dispute Resolution Process

In the event of a dispute:

  1. Escrow Restriction: Funds are temporarily frozen
  2. Evidence Collection: All transaction data is compiled
  3. Administrative Review: AfyaX reviews based on platform governance
  4. Resolution: Documented outcome; funds released or returned

AfyaX acts as a neutral facilitator in disputes. Our decisions are based on verifiable transaction data.

7

Supplier Obligations

Suppliers (sellers) on AfyaX agree to:

  • Maintain valid and active PPB licenses at all times
  • Ensure all products comply with regulatory requirements
  • Provide accurate product descriptions and specifications
  • Maintain adequate stock levels or update availability
  • Process orders promptly upon notification
  • Package products appropriately for shipment
  • Provide tracking information for all orders
  • Respond to buyer inquiries in a timely manner
  • Honor pricing and terms as listed
  • Pay applicable platform commissions and fees

Failure to meet these obligations may result in account suspension, forfeiture of commissions, or termination.

Suppliers are solely responsible for the quality, safety, and legality of products sold.
8

Intellectual Property Rights

8.1 AfyaX IP

All platform software, branding, designs, system architecture, and content created by AfyaX are the exclusive property of AfyaX and protected by Kenyan and international intellectual property laws.

8.2 User Content

Suppliers retain ownership of product listings, descriptions, and images uploaded to the Platform. By uploading content, you grant AfyaX a non-exclusive, worldwide, royalty-free license to host, store, and display such content for platform operations.

8.3 Third-Party IP

Suppliers warrant that they have all necessary rights and permissions for any third-party content included in their listings.

9

Prohibited Conduct

The following activities are strictly prohibited on the AfyaX Platform:

  • Selling unlicensed or counterfeit products
  • Misrepresenting product specifications
  • Manipulating prices or engaging in collusion
  • Fraudulent transactions or chargebacks
  • Attempting unauthorized platform access
  • Harassing other users or staff
  • Using the platform for money laundering
  • Violating any applicable laws or regulations

AfyaX reserves the right to investigate and take appropriate action against any prohibited conduct, including account termination and legal proceedings.

10

Fees & Commission

Transaction Commission

Competitive

Percentage-based commission on successful transactions, deducted before settlement

No Hidden Fees

0 KES

No listing fees, subscription costs, or monthly charges

Standard payment processing fees (M-Pesa, card) apply separately and are industry-standard rates. Commission rates are disclosed during onboarding and may be updated with notice.

11

Suspension & Termination

AfyaX reserves the right to suspend or terminate accounts under the following circumstances:

  • Violation of these Terms
  • Expired or invalid licenses
  • Fraudulent or illegal activity
  • Repeated disputes or poor performance
  • Inactivity for extended periods
  • Upon request by regulatory authorities

Upon termination:

  • Pending orders will be cancelled and escrow funds returned
  • Settled funds will be paid out
  • Access to the Platform will be revoked
  • Data will be retained as required by law

You may terminate your account at any time by contacting support.

12

Limitation of Liability

To the maximum extent permitted by Kenyan law:

  • AfyaX provides the Platform "as is" without warranties of any kind
  • AfyaX is not liable for products sold by third-party suppliers
  • AfyaX is not liable for delivery delays or issues caused by third-party logistics
  • AfyaX's total liability shall not exceed the fees paid by you in the 12 months preceding the claim
  • AfyaX shall not be liable for indirect, incidental, or consequential damages

This limitation does not apply to liability for fraud, gross negligence, or death or personal injury caused by negligence.

13

Indemnity

You agree to indemnify and hold harmless AfyaX, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Products you sell on the Platform
  • Any disputes with other users
14

Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Kenya.

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Kenya.

Alternative Dispute Resolution

Before filing a claim in court, parties agree to attempt to resolve disputes through good-faith negotiations. If negotiations fail, parties may pursue mediation before a mutually agreed mediator.

Questions About These Terms?

Our legal team is available to address any questions about these Terms of Service.

Updates to These Terms

AfyaX reserves the right to update or modify these Terms at any time. We will notify users of material changes via email or platform notification. Continued use of the Platform after any changes constitutes acceptance of the updated Terms. The "Last Updated" date at the top of this page indicates when the Terms were last revised.

Acknowledgment

By using the AfyaX Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. These Terms constitute the entire agreement between you and AfyaX regarding your use of the Platform.