Terms

Welcome to YaFI!

We are delighted to welcome you to our online food, grocery and medication ordering and delivery platform. Before you start using our services, we invite you to read these General Terms and Conditions of Use (GTU) carefully. The purpose of these applications is to define the terms and conditions of access and use of our application, as well as the rights and obligations of each person.

YaFI allows you to order your favorite foods, groceries, and medications from your favorite restaurants, supermarkets, and pharmacies with ease. Whether it’s for a quick lunch, a dinner with friends, or a special evening, our mission is to make ordering food, groceries, and medication as convenient and enjoyable as possible.

By using our application, you agree to comply with these TOU. So, we recommend taking a few minutes to read them carefully. If you have any questions or concerns, please do not hesitate to contact our customer service.

We thank you for your trust and wish you a tasty and satisfying experience with YaFI.

Enjoy your meal!

ABOUT US

YAFI is a mobile application developed by Yanou I holdings Sarl company in the form of SARL, with a capital of 999,000 FCFA, whose registered office is Douala Logbessou and registered with the RCCM Douala under the number RC/DLA/2023/B/3745.

OBJECTIVES

Our platform is a set of three (03) YaFI for Customer, YaFI for Delivery and YaFI for Partners applications with the objective of providing a simple and convenient way to order food, groceries or medication from partners, it is a connection between the customer (user of the platform who wishes to place an order) and the partner (restaurant, supermarket or pharmacy affiliated with the platform). The latter offers his services and takes the orders you place. Once you have placed your order, it is checked and validated and then it is delivered to you by us.

DEFINITIONS

The following terms used in this document have the following definitions.

"Agreement" means the terms and conditions of use.

"Company" means Yanou I holding Sarl, a company registered in Douala under number RC/DLA/2023/B/3745, having its registered office in Douala Logbessou.

"Platform" refers to the dematerialized space allowing Users to access YaFI.

"Service or Services" refers to the service of networking provided by the Company.

"User" means any person accessing the Platform.

"User Account" means each user's personal access to the Application allowing them to manage their use of the Service.

"Service Fee" means the amount that is charged to your account when an order is placed for use of the App.

USE OF THE SERVICE

By using our Service, you agree to comply with all applicable laws when using the Service and to use it only for lawful purposes. To access the Service, you must have a compatible device and make the necessary updates. The Company does not warrant that the Service or portions thereof will work on unsupported devices or operating systems. The Company reserves the right to suspend or block your access to the Service if it has reasonable grounds to believe that:

  • You use the Service with an unauthorized device,
  • You do not comply with any applicable laws,
  • You do not follow the Terms of Use,
  • Your use of the Service adversely affects the rights or legitimate interests of the Company or third parties, thereby requiring immediate action to avoid damage.

FOR THE CUSTOMER

  • REGISTRATION TO THE PLATFORM

To use the features provided by the platform, one must create an account. Account creation is free.

The user must provide accurate, complete and up-to-date information about his or her identity by filling out a form.

If a User provides inaccurate or incomplete information, or if the Company considers that there are well-founded reasons to doubt the veracity, accuracy or integrity of such information, the Company may deny such User access to the Platform.

When the user fills in the account creation form, he must fill in all the mandatory fields because incomplete registrations will not be validated.

When registering on the Platform, the User must choose a Username and password. The Username and password are strictly personal and non-transferable; The password must be kept confidential and secure.

When the user’s account is created, they have access to their personal space or they can manage their account.

He undertakes not to disclose the elements of his Account and not to allow access to it to a third party. The User is solely responsible for any use of his/her data, the services that may be requested from a third party on the Platform, or any other action carried out under his/her User name and/or password.

  • COMMANDS

When a customer places an order for a service, the order will first have to be accepted by the delivery person who will be available and then it will be forwarded to the partner for preparation.

In the event of unavailability of a delivery person for the order, it will be put on hold.

Once the order is ready, the partner will mention it on the platform so that it can be collected for delivery and upon delivery the customer will have to transmit the delivery code automatically generated to the delivery person; allowing the latter to conclude the delivery on the application.

By placing an order with our Services, you are acting on your own behalf. The contract for the provision of any services you order through us is concluded between you and the Partner and is only concluded from the time the confirmation email is sent. The email address you give us must be correct as this is the one that will allow us to communicate with you about the order.  Please also check that you are providing an accurate address and phone number to ensure that your orders are delivered to the correct location. If you don’t open the door and answer the phone within 10 minutes of your delivery person arriving at your address, we reserve the right to leave and charge you for the order. YaFI wants to provide a quality service and is your first point of contact if there is a problem with your order, whether it concerns the quality of the products. We pay close attention to the control of our Partners and it is extremely important to us that they respect our standards and help us maintain our reputation. You may send us any comments you may have about our Partners or the Products by email, telephone or by contacting us about your order from our site.

  • SERVICES

Services are subject to availability. The partner you have chosen can offer you a service to replace the one we cannot provide. If you suffer from an allergy, please specify this when you place the order. YaFi will not be liable for any incident related to the consumption of the products delivered, including but not limited to allergic reactions or other adverse effects. It is the responsibility of the user to specify any allergies or dietary restrictions when ordering and to check the information provided by the partner regarding allergens. YaFi does not guarantee that the products offered by partners are free of allergens.

  • AVAILABILITY AND DELIVERY

Our goal is to provide you with the best possible delivery service. Unfortunately, things don’t always go as planned and unforeseen events such as traffic or weather conditions can sometimes prevent us from achieving our goals, or those of our Partners, so we do everything we can to ensure that your order is delivered within the time frame stated in the email. The delivery time of your order is established according to the number of orders and the conditions to which the Partner is subject at the time.

  • CANCELLATION

Cancelling Service requests affects the reliability and quality of the connection.

You have the right to cancel an order within a reasonable period of time and before the Partner has started preparing the order (“Initiated Order”). Customers can cancel an order by contacting the Partner. YaFI and the Partner may cancel an order and will notify you in this case. You will not be charged for orders cancelled in accordance with this clause. Any payment made before an order is cancelled by YaFI or a Partner is generally refunded by the same means you used to pay for your order. You will be charged for each order cancelled after becoming a Launched Order.

Refunds will be processed within 5-7 business days and will be made via the same payment method used for the original order. For any refund request, please contact our customer service.

  • PRICES AND RULES

The prices of the products are set by the partners, to these prices are added the delivery costs, the price of the packaging, the amount of the delivery, the service fees. The prices displayed are subject to change at any time except for orders that have already been received by the partner and for which the conformance notification has been received by the customer.

Payments are mainly made through your electronic wallet that you top up beforehand via your Orange money, MTN mobile money accounts.

Once your order has been confirmed, the amount is reserved for debiting. Payment is made directly to YaFI which then forwards it to the Partner. We are authorized by our partners to accept payment on their behalf and the payment of the price of the products to us relieves you of your obligations to pay this price to the partner.

FOR PARTNERS

  • QUALITE ET SECURITE

Licenses and Certifications: Partners must provide copies of their business licenses, health and safety certifications, and other permits required by local authorities.

Hygiene Standards : Compliance with strict hygiene standards. Premises must pass regular inspections and adhere to safety protocols.

  • CONTRACTUAL CONDITIONS

Partnership Agreement : Partners must sign a contract with the platform, defining the terms of the collaboration, including commissions, responsibilities, and obligations of both parties.

Sales Commission : The platform charges a commission on each sale made through the app.

  • PRODUCT AVAILABILITY AND MANAGEMENT

Product Management : Partners must keep their inventory up to date, including pricing, product descriptions, and item availability.

Opening Hours : Partners must respect the opening and closing times indicated on the application. Changes must be communicated in advance.

YaFI reserves the right to temporarily suspend a product in the event of recurring unavailability without an update.

  • QUALITY OF SERVICE

Preparation Time : Respect of order preparation deadlines to ensure fast deliveries.

Packaging : Use of appropriate packaging to ensure that products arrive in good condition.

  • DELIVERY

Collaboration with Delivery Drivers : Partners should collaborate effectively with delivery drivers, providing clear instructions and facilitating order collection.

Special Instructions : Compliance with special customer requests, such as dietary restrictions or delivery instructions.

  • RETURNS AND COMPLAINTS

Claims Management : Partners need to handle customer complaints quickly and efficiently. This may include replacing products or providing a refund if there is a problem.

Return Policies : Compliance with the platform’s return and refund policies.

  • RATINGS AND REVIEWS

Review Management : Partners should monitor customer ratings and reviews, respond to feedback, and improve their services based on feedback.

Maintaining Good Grades : A minimum score may be required to remain on the platform.

YaFI reserves the right to remove comments that are abusive, defamatory, or not in accordance with the Terms of Use.

  • FINANCIAL CONDITIONS

Payments : Partners must agree to the payment terms set by the platform, including transfer methods (bank transfer, etc.).

Taxes : Partners are responsible for reporting and paying all applicable taxes on sales made through the app.

  • MARKETING AND PROMOTIONS

Participation in Promotions : Partners may be invited to participate in promotions and special offers organized by the platform.

Co-Branded Marketing : Compliance with marketing and co-branding guidelines, including the use of logos and communication materials provided by the platform.

  • DATA PRIVACY AND SECURITY

Protection of Customer Data : Compliance with customer privacy and data protection policies, ensuring that personal information is not shared or used inappropriately.

Transaction Security : Use of secure systems for payment processing and order management.

When using YaFI, we collect data to improve your experience and ensure the quality of our services. By creating an account and posting information on the platform, you agree to the collection of personal data, such as your contact information, order history, and preferences. We also use cookies to analyze interactions with the platform, with your consent. You can refuse cookies through your browser settings.

FOR DELIVERY PEOPLE

  • CONTRACTUAL CONDITIONS

Partnership Agreement : Riders must sign a contract with the delivery platform, defining the terms of the collaboration, including responsibilities, compensation, and obligations of both parties.

Employment Status : Delivery people can be employees, subcontractors or self-employed workers, according to the terms defined by the platform and local regulations.

  • QUALIFICATIONS AND CERTIFICATIONS

Driver’s License : Delivery people must have a valid driver’s license for the vehicles used (cars, motorcycles, scooters, electric bikes).

Insurance : Delivery people must have adequate insurance that covers accidents, civil liability and, in some cases, coverage for the vehicle used.

  • TRAINING AND KNOWLEDGE OF THE AREA

Initial Training : Participation in initial training provided by the platform, covering delivery procedures, use of the application, and service standards.

Knowledge of the Zone : Good knowledge of the delivery zone to ensure fast and efficient deliveries.

  • AVAILABILITY AND FLEXIBILITY

Working Hours : Delivery people must indicate their availability and respect the chosen schedules. Flexibility is often needed to meet changing demand.

Time Commitment : Meets time commitments and is prepared to accept orders during the stated hours of availability.

  • QUALITY OF SERVICE

Punctuality : Meeting delivery deadlines to ensure that products arrive on time.

Presentation and Behaviour : Maintaining a neat presentation and professional demeanour at all times when interacting with clients and partners.

Communication : Good communication with customers, partners, and platform support in case of problems or delays.

  • EQUIPMENT AND VEHICLE

Vehicle in Good Condition : Use of a vehicle in good condition and in compliance with local regulations. The vehicle must be clean and well maintained.

Equipment Needed : Possession of equipment needed for deliveries, such as cooler bags to maintain the temperature of meals.

  • ORDER MANAGEMENT

Use of the App : Proficiency in the delivery app to accept and manage orders, track routes, and update delivery statuses.

Follow Instructions : Carefully follow the delivery instructions specified by customers and partners.

  • SECURITY & COMPLIANCE

Safe Driving : Following traffic rules and driving safely to ensure personal safety and the safety of others.

Compliance with Regulations : Compliance with all local laws, including labor regulations, road safety, and health regulations.

YaFi cannot be held responsible for any incidents occurring during delivery, including accidents or damage to the delivery person’s personal vehicle. As a delivery person, you agree to take all necessary precautions to drive safely. You must also have the required insurance to cover damage or loss in the event of an incident.

  • MANAGEMENT OF COMPLAINTS AND RETURNS

Complaint Handling : React quickly and efficiently to customer complaints about deliveries, in collaboration with the platform’s support.

Return Policy : Compliance with the platform’s return and refund policies.

  • COMPENSATION AND FINANCE

Payments : Acceptance of the payment terms defined by the platform, including transfer methods (bank transfer, etc.).

Tip Management : Compliance with the platform’s policies regarding tip management, if applicable.

  • RATINGS AND REVIEWS

Review Management : Monitor customer ratings and reviews, respond to feedback, and improve services based on feedback.

Maintaining Good Grades : Maintaining a minimum grade to continue working with the platform.

  • DATA PRIVACY AND SECURITY

Protection of Customer Data : Compliance with customer privacy and data protection policies, ensuring that personal information is not shared or used inappropriately.

Transaction Security : Use of secure systems for payment processing and order management.

RESRICTIONS

You must not

    • Sell, resell, transfer, assign, distribute, commercially exploit or otherwise make available to third parties the Application;
    • Modify or create derivative works based on the App
    • Create web links to the Application, frame or mirror the Application to any other wireless or internet-based server or device;
    • Reverse engineer or access the Application in order to:
        (a) create a competitive product or service,

(b) create a product using ideas, features, functions or graphics similar to those in the Application, copy ideas, features, functions or graphics from the Application

  •  
  • Launch any automated program or script, including, but not limited to, web robots, web indexers, bots, viruses or worms, any program that may make multiple server requests per second, overload or unduly impair the operation and/or performance of the Application,
  • Use any robot, spider, retrieval site/application search, or other manual/automatic device or process to retrieve, index, mine data, reproduce, or otherwise circumvent the navigational structure or presentation of the Service or its content;
  • publish, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights,
  • remove any copyright, trademark, or other proprietary rights notices contained in the Service,
  • send messages to users who have not requested information from you.

Intellectual Property Rights

All elements of the YaFi App, including logos, images, interfaces, and other content, are protected by intellectual property laws. You may not reproduce, distribute, or use these materials without the written consent of YaFi. Any unauthorized use is strictly prohibited.

WARNING

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, NOT EXPRESSLY MADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICE,  OR AS TO THE OPERATION OF THE SERVICE WITHOUT INTERRUPTIONS OR ERRORS. YOU AGREE THAT THE RISKS ARISING FROM YOUR USE OF THE SERVICE REST SOLELY WITH YOU, TO THE EXTENT PERMITTED BY LAW. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY IS NOT RESPONSIBLE IN THE EVENT OF FORCE MAJEURE, IN THE EVENT OF BREAKDOWNS OR CUTS IN THE INTERNET OR TELECOMMUNICATIONS INFRASTRUCTURES THAT ARE NOT UNDER ITS CONTROL AND THAT MAY LEAD TO INTERRUPTIONS IN THE ACCESSIBILITY OF THE PLATFORM. THE COMPANY MAY, TEMPORARILY AND TAKING INTO ACCOUNT THE LEGITIMATE INTERESTS OF USERS (E.G. THROUGH PRIOR NOTIFICATION), LIMIT THE AVAILABILITY OF THE PLATFORM OR CERTAIN FEATURES OF THE PLATFORM IF NECESSARY, TO PRESERVE THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE OPERATIONS TO ENSURE OR IMPROVE THE FUNCTIONING OF THE PLATFORM.

LIMITATION OF CONTRACTUAL LIABILITY

Neither the Company nor its officers, employees or agents shall be liable for any indirect, special, incidental, economic or consequential damages resulting from your use of or inability to use the Application. This also includes claims from others acting on your behalf. Loss or damage, whether direct or indirect, caused or alleged to be caused by the Application, will not be attributable to the Company, regardless of the nature or type of damage. This includes, but is not limited to: loss or interruption of business, loss of expected profits, costs of delays, damages related to loss or corruption of data, documents or information, as well as obligations to third parties for any reason. The Company will not be liable for any other incidental, special, punitive, or consequential damages resulting from the use of the App, even if it had been advised of the possibility of such damages or losses.

RESILIATION

This Agreement will be valid until terminated as follows:

On your initiative

You may terminate the Agreement at any time and without cause, by giving four (04) days’ written notice on the Application or by any means leaving a written record, by deleting your account

On the initiative of the company

  • The Company may terminate this Agreement without notice and block your access to the Platform if:
    1. You have committed a material breach of your obligations under these Terms, the Community Charter,
    2. You have violated applicable laws and regulations or the rights of third parties,
    3. Such action is necessary to protect the safety or property of the Company or third parties.
  • The Company may terminate this Agreement by giving you written notice on the Application with four (04) days’ notice if:
    1. The Company receives complaints about your performance or conduct that are proven after investigation.

GENERAL PROVISIONS

If any provision of this Agreement is declared invalid, illegal or unenforceable by any competent jurisdiction or authority, the validity of the remaining provisions of the Agreement shall not be affected.

The Company’s failure to execute a sanction in the event of non-compliance with an obligation provided for in this Agreement shall not be interpreted in the future as a waiver of the obligation in question.

YaFi reserves the right to modify these Terms of Use at any time to reflect changes in regulations, our services, or for other reasons. You will be notified of updates via in-app notification or email. We recommend that you regularly consult the T&Cs in order to stay informed of the conditions in force.

APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Use (GTU) are governed by and interpreted in accordance with the laws of Cameroon. By using our Application, you agree that any question or dispute relating to the interpretation, execution or termination of these Terms of Use shall be subject to the applicable law in force in that country.

In the event of a dispute arising out of or related to the use of the Application, the parties agree to attempt to resolve the dispute amicably. If an amicable resolution is not possible, the dispute will be submitted to the exclusive jurisdiction of the Cameroonian courts, unless otherwise imperatively provided.

You also agree that any legal action related to the use of the Application or these T&Cs will be brought before the Cameroonian courts. This jurisdiction clause also applies in the event of multiple defendants or third party claims.

If you have any questions about these Terms and Conditions of Use, please write to us by email at support@YaFIapp.com