Gem Smiles Foundation
Referral Policy
Effective date: August 2025 · Version 1.1
1. Overview and Purpose
This document sets forth the binding Terms and Conditions ("Terms") governing the Gem Smiles Foundation ("GSF" or the "Foundation") Patient Referral Programme (the "Programme"). By registering as a Referral Agent, you agree to be bound by these Terms, which constitute a legal agreement between you and GSF.
2. Eligibility and Account Activation
2.1 General Eligibility: Participation as a Referral Agent is open to any individual aged eighteen (18) years or older possessing a valid Kenyan telecommunications number registered with M-Pesa. 2.2 Self-Referral: Referral Agents are permitted to submit themselves as patients ("Self-Referral"). Such referrals are subject to the standard qualification criteria outlined in Section 3. 2.3 Account Approval: Registration does not guarantee participation. All accounts are subject to manual review. GSF retains the right to approve, deny, suspend, or terminate any account at its sole discretion, without prior notice or stated cause.
3. Referral Qualification and Adjudication
All submitted referrals are subject to vetting and verification by GSF personnel. 3.1 Conditions for a "Successful" Referral: A referral shall be classified as "Successful," and the corresponding reward credited, subject to the following conditions precedent: • The referred patient physically presents themselves at a GSF clinic and is successfully admitted for services; and • The presentation occurs within ninety (90) days of the initial referral submission in the system. 3.2 Right of Revocation (Anti-Manipulation Clause): Notwithstanding the patient's physical attendance, GSF reserves the absolute right to investigate the context of any referral. A referral may be disqualified, or a "Successful" status revoked, if GSF determines that the Referral Agent utilized coercion, manipulation, misrepresentation, or undue pressure to compel the patient's attendance. 3.3 Conditions for an "Unsuccessful" Referral: A referral shall be immediately disqualified if: • The patient cannot be contacted after three (3) documented attempts by GSF. • The patient declines medical services or fails to attend the clinic within the 90-day validity period. • The patient is an existing entry in the GSF database or was previously referred by another Agent. • The submission contains fabricated, materially inaccurate, or fraudulent data.
4. Remittance and Financial Terms
4.1 Accrual: Referral Agents shall accrue KES 500 for each verified Successful Referral. There is no maximum cap on cumulative earnings. 4.2 Disbursement: All disbursements shall be executed exclusively via M-Pesa to the registered mobile number associated with the Agent's profile. 4.3 Minimum Threshold: A minimum accrued balance of KES 500 is required prior to initiating a withdrawal request. 4.4 Processing Window: Standard withdrawal requests shall be processed within twenty-four (24) to forty-eight (48) business hours. 4.5 Security Hold: As a mandated security measure against unauthorized account access, any modification to an Agent’s profile data (including Name, Phone Number, M-Pesa details, or Identification Photo) shall trigger an automatic, non-negotiable forty-eight (48) hour freeze on all withdrawal capabilities.
5. Dispute Resolution and Liability
5.1 Referral Adjudication Disputes: Should a Referral Agent contest an "Unsuccessful" designation, a formal dispute must be lodged via the Programme portal within thirty (30) calendar days of the status change. The Agent bears the burden of proof to provide substantiating details (e.g., date of patient clinic attendance). GSF commits to reviewing formal disputes within five (5) business days. GSF’s internal records regarding patient attendance shall serve as the final authority. 5.2 Payment Discrepancies: For withdrawals marked as "Paid" where funds have not reflected in the recipient's M-Pesa wallet: • Agents must observe a mandatory waiting period of two (2) full business days to account for standard telecommunication network latency before raising a "Not Received" flag. • Waiver of Liability: GSF accepts zero liability for financial loss, delays, or misdirected funds resulting from the input of an erroneous or inactive M-Pesa number by the Agent. Verification of financial routing data is the sole responsibility of the Referral Agent.
6. Prohibited Conduct and Forfeiture
Engaging in any of the following activities constitutes a material breach of these Terms and shall result in immediate account termination, prohibition from future GSF programmes, and the permanent forfeiture of all accrued, unpaid balances: • Submission of fabricated, synthetic, or knowingly duplicative patient data. • Submission of third-party referrals without obtaining the explicit, informed prior consent of the patient. • Harassment, medical coercion, or manipulation of any individual to artificially generate referrals. • Exploitation, reverse-engineering, or fraudulent manipulation of the Programme application or dispute systems.
7. Statutory Compliance and Data Governance
7.1 Regulatory Authority: Gem Smiles Foundation warrants that it possesses all requisite statutory licenses, certifications, and regulatory approvals necessary for the lawful collection, handling, retention, storage, and secure discarding of medical and personal data. 7.2 Privacy Guarantee: All data processing is executed in strict adherence to the Kenya Data Protection Act, 2019. Patient data is utilized exclusively for the provision of healthcare services and shall not be commercialized, sold, or transmitted to unauthorized third parties. Agent data is retained solely for account administration and financial compliance.
8. Amendments and Governing Law
8.1 Modifications: GSF reserves the right to amend, suspend, or terminate this Programme at any time. Material alterations to remuneration structures or eligibility criteria shall be communicated to active Agents via the platform with a minimum of seven (7) days' notice. Continued utilization of the Programme subsequent to such notice constitutes binding acceptance of the amended Terms. 8.2 Governing Law: These Terms shall be governed by and construed in accordance with the Laws of the Republic of Kenya.
9. Official Communication
For formal inquiries, dispute escalations, or policy clarifications, Agents must utilize the following official channels: Email: info@gemsmilesfoundation.org Helpline: Monday – Friday, 0800 hrs – 1700 hrs (EAT)