Terms & Conditions

These Terms & Conditions (“Terms”) are a binding agreement between you and Afya Smile (“Afya Smile”, “we”, “us”). They apply to everyone who visits or uses the Afya Smile website and services (the “Platform”), including patients and dentists.

You accept these Terms when you tick the box confirming that you agree to them while creating an account. We keep a record of the version you accepted and the date and time you accepted it. If you do not agree, do not create an account or use the Platform.

You must be at least 18 years old to create an account. A parent or legal guardian may book on behalf of a child and accepts these Terms for that booking.

Afya Smile is an online booking platform. We help patients find dentists and request appointments. We are not a dental clinic, hospital or healthcare provider, and we do not provide dental or medical treatment, diagnosis or advice.

Dentists listed on the Platform are independent professionals. They are not our employees, agents or partners. Each dentist and their clinic is solely responsible for:

• the examination, diagnosis, advice, treatment and aftercare they give you;
• their professional standards, licensing and conduct under the Medical Practitioners and Dentists Act and the KMPDC Code of Conduct;
• obtaining your informed consent before treatment;
• their prices, payments, receipts and refunds; and
• keeping your clinical records.

Information on the Platform — including dentist profiles, treatment descriptions and typical prices — is general information to help you choose and is not medical advice. Always follow the advice of your dentist.

Emergencies: the Platform is not for emergencies. If you have severe pain, uncontrolled bleeding, swelling of the face or throat, difficulty breathing, or a serious injury, go to the nearest hospital or emergency service immediately.

• Each email address can hold one account type only — patient or dentist. A patient account cannot be changed into a dentist account, or the other way round.
• You must give true, accurate and current information, and keep it up to date.
• You are responsible for keeping your password secret and for everything done using your account.
• Tell us straight away if you think someone else has used your account.
• You may not create an account for someone else without their permission, or impersonate anyone.

• A booking you make is a request. It becomes confirmed only when the dentist confirms it on the Platform.
• All times shown are East Africa Time (EAT).
• A dentist may decline, cancel or ask to reschedule a booking — for example because of an emergency, illness or clinical reasons. We are not responsible for a dentist’s decision to do so.
• You can cancel an upcoming booking free of charge through “My bookings”. Please cancel as early as possible so the time can be offered to someone else.
• Repeated no-shows or late cancellations may lead us to restrict your ability to book.
• We do our best to show accurate availability, but we do not guarantee that a particular dentist, time or treatment will be available.
• Notes you add to a booking are shared with the dentist you book. Only include what you are comfortable sharing with them.

• Booking an appointment through the Platform is free for patients.
• You pay the clinic directly for any consultation or treatment, using the payment methods the clinic accepts. Afya Smile does not collect or hold payments for treatment.
• Prices shown on the Platform are indicative. The final price is set by your dentist after examination and may differ depending on your needs.
• Any question about a fee, receipt or refund for treatment must be raised with the clinic.

If you register as a dentist, you also agree that:

• you hold, and will keep, a valid registration and current practising licence from the Kenya Medical Practitioners and Dentists Council (KMPDC), and that your clinic holds all licences and permits it needs, including a county business permit;
• all information and documents you submit are genuine, accurate and your own. Submitting false or altered documents will lead to immediate removal and may be reported to KMPDC and the authorities;
• you will tell us within 7 days if your registration or licence is suspended, revoked, restricted or expires, or if any information on your profile becomes incorrect;
• you are solely and fully responsible for all clinical care you provide and for your clinic’s premises, staff, equipment, hygiene and prices;
• you will hold appropriate professional indemnity insurance covering your practice;
• you will keep patient information confidential and process it lawfully as an independent data controller under the Data Protection Act, 2019, using it only to provide care to that patient;
• you will keep your availability up to date and honour bookings you confirm;
• you allow us to display your name, photo, qualifications, KMPDC registration number, clinic details and profile text on the Platform; and
• verification by Afya Smile is a check of the documents you provide at that time. It is not a guarantee of your skill or conduct, and it does not move any responsibility for your services to us.

We may refuse, suspend or remove any dentist profile at any time, including where we receive a credible complaint or cannot verify information.

You must not:

• make fake, duplicate or abusive bookings, or book with no intention of attending;
• post false, misleading, defamatory, offensive or unlawful content;
• harass, threaten or abuse dentists, clinic staff, patients or our team;
• try to access accounts, data or parts of the Platform you are not allowed to;
• copy, scrape or resell information from the Platform, or interfere with its security or operation; or
• use the Platform for any purpose that breaks Kenyan law.

The Platform, its design, software, logos and our own content belong to us or our licensors. You may use the Platform for its intended purpose only.

You keep ownership of content you provide (such as a dentist’s photo or profile text), but you give us a free, non-exclusive licence to host, display and use it to run and promote the Platform while it is on the Platform. You confirm you have the right to give us that licence.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under Kenyan law, including liability for death or personal injury caused by our own negligence, for fraud, or your rights under the Consumer Protection Act, 2012.

Subject to that, and to the fullest extent permitted by law:

• Treatment by dentists. Because dentists are independent and we do not provide treatment, we are not liable for any examination, advice, diagnosis, treatment, outcome, complication, injury, loss or dispute arising from a dentist’s or clinic’s services, acts or omissions. Any such claim must be brought against the dentist or clinic concerned.
• The Platform. We provide the Platform “as is” and “as available”. We work to keep it running and accurate, but we do not promise it will be uninterrupted, error-free or always available, or that information supplied by dentists is complete or correct.
• Indirect losses. We are not liable for loss of income, profit, business or opportunity, or for any indirect or consequential loss.
• Overall limit. Our total liability to you for all claims connected with the Platform is limited to the greater of (a) the total fees you paid to Afya Smile in the 12 months before the claim arose, or (b) KES 5,000.
• Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as power or internet outages, failures of third-party services, natural disasters, civil unrest or government action.

You agree to compensate Afya Smile, its directors and staff for any claims, losses, damages, costs and reasonable legal fees that arise from your breach of these Terms, your misuse of the Platform, or your breach of any law or the rights of another person.

Dentists additionally agree to compensate Afya Smile for any claim brought against us by a patient or anyone else that arises from the dentist’s or their clinic’s services, conduct, staff, premises, or from false or inaccurate information or documents they provided.

We may suspend or close an account, or remove content, if we reasonably believe these Terms have been broken, the account is being misused, information is false, or we are required to by law. Where reasonable, we will tell you why.

You can stop using the Platform at any time and ask us to close your account. Sections 9 (Our responsibility and its limits), 10 (Indemnity) and 12 (Complaints and disputes) continue to apply after your account is closed.

• About treatment: raise it first with the dentist or clinic. You may also complain to the Kenya Medical Practitioners and Dentists Council (KMPDC). Please tell us too, so we can review the dentist’s listing.
• About the Platform: contact us through the contact details published on our About page. We aim to respond within 14 days.
• If a dispute with us is not resolved through our complaints process within 30 days, either side may refer it to mediation in Nairobi before starting court proceedings.
• These Terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction. Nothing in this section removes any right you have under Kenyan law to bring a claim in a court or tribunal.

We may update these Terms from time to time. The version number and effective date at the top show the current version. For important changes, we will notify you on the Platform or by email and may ask you to accept the new version before you continue using your account. Changes do not apply to bookings already made.

• These Terms, together with our Privacy Policy, are the whole agreement between you and us about the Platform.
• If any part of these Terms is found to be invalid or unenforceable, the rest remains in full effect.
• If we do not enforce a right straight away, we can still enforce it later.
• You may not transfer your rights under these Terms. We may transfer ours to another business that takes over the Platform.
• We may send you notices by email or through the Platform.

Afya Smile. You can contact us through the contact details published on our About page.