Terms and Conditions

Terms and Conditions For Online Payments

The Terms and Conditions contained herein shall apply to any person (“User”) using the services of KEM Hospital, a hospital operated and maintained by KEM Hospital Society for making payments for bills or services through online payment gateway services (“Service”) website i.e. www.kemhospitalpune.org. Each User is therefore deemed to have read and accepted these Terms and Conditions.

A. Privacy Policy

KEM Hospital respects and protects the privacy of the individuals that access the information and use the services provided through them. Individually identifiable information about the User is not wilfully disclosed to any third party without first receiving the User’s permission, as covered in this Privacy Policy.

This Privacy Policy describes KEM Hospital’s treatment of personally identifiable information that KEM Hospital collects when User transacts on the KEM Hospital’s website. KEM Hospital does not collect any unique information about the User (such as User’s name, email address, age, gender etc.) except when the User specifically and knowingly provides such information on the Website. Like any business interested in offering the highest quality of service to clients, KEM Hospital may, from time to time, send emails, SMSs and other communication to the User to tell them about the various services, features, functionality and content offered by KEM Hospital website or seek voluntary information from you.

Please be aware, however, that KEM Hospital will release specific personal information about the User if required to do so in the following circumstances:

a)  in order to comply with any valid legal process such as a search warrant, statute, or court order, or

b)  if any of User’s actions on KEM Hospital’s website violate the Terms of Service or any of KEM Hospital’s guidelines for specific services, or

c)  to protect or defend KEM Hospital’s legal rights or property, the KEM Hospital site, or KEM Hospital Users; or

d)   to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of KEM Hospital website/offerings.

B.   General Terms and Conditions For Online Payments

1.   Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on KEM Hospital’s website or alternatively provide the details in any other manner as may be specified by KEM Hospital from time to time.

2.    KEM Hospital's rights, obligations, undertakings shall be subject to the laws in force in India subject to the jurisdiction of courts of Pune, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of KEM Hospital's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by KEM Hospital with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints, which relate to the Website shall be at the absolute discretion of KEM Hospital.

3.   If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

4.   These Terms and Conditions constitute the entire agreement between the User and KEM Hospital. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and KEM Hospital . A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5.   The entries in the books of KEM Hospital and/or the Payment Service Providers kept in the ordinary course of business of KEM Hospital and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.

6.   Refund For Chargeback Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach KEM Hospital with his/ her claim details and claim refund from KEM Hospital alone. Such refund (if any) shall be effected only by KEM Hospital via payment gateway or by means of a demand draft or such other means as KEM Hospital deems appropriate. No claims for refund/ chargeback shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.

7.   In these Terms and Conditions, the term “Chargeback” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.

8.   Refund for fraudulent/duplicate transaction(s): The User shall directly contact KEM Hospital for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by KEM Hospital alone in line with their policies and rules. KEM Hospital will not be in any way liable for fraud committed by a third party.  

9.   Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage/mobile apps, that is linked to the Website/mobile app, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

(I)  In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact KEM Hospital via e-mail or any other mode of contact as provided by KEM Hospital to confirm payment.

(ii)  In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

However, the User agrees that under no circumstances the KEM Hospital or Payment Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider. No communication received by the Payment Service Provider(s) in this regard shall be entertained by the Payment Service Provider(s).

C.   Limitation of Liability

1.    KEM Hospital has made this Service available to the User as a matter of convenience. KEM Hospital expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that KEM Hospital reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

2.    KEM Hospital and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the KEM Hospital and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

3.    KEM Hospital and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:

(I)  the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or

(ii)  any interruption or errors in the operation of the Payment Gateway

4.   The User shall indemnify and hold harmless the Payment Service Provider(s) and KEM Hospital and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services

5.   The User agrees that KEM Hospital or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond KEM Hospital’s reasonable control.

D.   Miscellaneous Conditions

1.   Any waiver of any rights available to KEM Hospital under these Terms and Conditions shall not mean that those rights are automatically waived.

2.   The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that KEM Hospital or the Payment Service Provider(s) have no control over such matters.  

3.   Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, KEM Hospital does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

4.    KEM Hospital, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

5.   The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by KEM Hospital on the Website. By accepting these Terms and Conditions the User agrees that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;

i.  Choose a new password, whenever required for security reasons.

ii.  Keep his/ her User ID & Password strictly confidential.

iii.  Be responsible for any transactions made by User under such User ID and Password.

The User is hereby informed that KEM Hospital will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her KEM Hospital account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

E.   Debit/Credit Card, Bank Account Details / VPA details

1.   The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card / VPA, which is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.

2.   The User may pay for his/ her services to KEM Hospital by using a debit/credit card, VPA or through an online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:

i.   The User is fully and lawfully entitled to use such credit / debit card, VPA, bank account for such transactions;

ii.   The User is responsible to ensure that the card/VPA/ bank account details provided by him/ her are accurate;

iii.   The User is authorizing debit of the nominated card/ VPA/bank account for the payment - services selected by such User along with the applicable Fees.

iv.   The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

F.   Personal Information

1.   The User agrees that, to the extent required or permitted by law, KEM Hospital and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

2.   The User agrees that any communication sent by the User via email, shall imply release of information therein/ therewith to KEM Hospital. The User agrees to be contacted via e-mail on such mails initiated by him/ her.

3.   In addition to the information already in the possession of KEM Hospital and/ or the Payment Service Provider(s), KEM Hospital may have collected similar information from the User in the past. By entering the Website the User consents to the terms of KEM Hospital information privacy policy and to KEM Hospital continued use of previously collected information. By submitting the User’s personal information to KEM Hospital, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.

4.   The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in-force.

G.   Payment Gateway Disclaimer

The Service is provided in order to facilitate access to view and pay for services/bills online. KEM Hospital or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.

G.   Payment Gateway Disclaimer

The Service is provided in order to facilitate access to view and pay for services/bills online. KEM Hospital or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.

H.   Payment Gateway Disclaimer Terms & Conditions for Donation Payments 

The KEM Hospital takes your privacy seriously and treats all financial information about any transaction you have with us as highly confidential. In addition, KEM Hospital does not share email addresses or phone numbers of any of our donors or constituents.

To protect the privacy of our donors and their special relationship with KEM Hospital, we maintain the following policies:

  • We may request personal information online, such as name, address, phone number, email address, and credit card number for the purposes of accepting donations to The KEM Hospital Pune.
  • We will not release or use this information for any other purpose unless we have your consent.
  • We do not distribute, trade or sell your personal information with other organisations.
  • We offer donors the option to be recognised anonymously.
  • Donors may request, at any time, to not receive our solicitations.
  • Donors may request to not receive certain mailings, such as our newsletter.
  • Personal data collected through our website is encrypted using SHA-2 and 2048-bit encryption.
  • Personal information stored in the KEM Hospital database is protected with a secured login with authentication, assignment of a unique ID to each person with computer access, regular pass code changes, and user IDs are deactivated or terminated as needed.

Our hosting data server provides data protection meeting PCI DSS (Payment Card Industry Data Security Standard), encrypted communication via SSL (Secure Sockets Layer) technology, intrusion detection for all devices and network nodes, state-of-the-art firewall infrastructure that detects malicious application attacks, virus protection and patch management, security and vulnerability monitoring and tracking.  

Donation refund policy

The KEM Hospital, Pune follows a reliable refund policy to let our donors feel privileged about their association with us. We take utmost care about processing donations as per the mandates signed by our donors in the donor forms, both offline and online. But in case of an unlikely event of an erroneous deduction or If the Donor wants to cancel/deduct the donation, The KEM Hospital will respond within 7 working days from the date of receiving the complaint from donor. The timely refund of the wrongly deducted amount will depend on the type of card used during the transaction. We would require a proof of deduction of the donation amount and a written communication for refund from the donor within two days after donation.

  • In such cases if the receipt has already been issued, then the Donor needs to return the original receipt at our official address.
  • In the case of a tax exemption certificate already issued, a refund will not be possible.
  • We can be contacted for a refund request through the following:
  • Send an email to finance@kemhospital.org from your registered e-mail address
  • Please include:
    • UTR number of the transaction is required
    • Address proof required
    • PAN number required
    • Donation Refund Request in the subject line
    • Reason for refund request

What information we collect

We use personal information collected from donors for the purposes of processing payments and communicating with donors about KEM Hospital as well as conducting the fundraising and other operations of KEM Hospital. This information may include name, PAN number, amount donated, address, telephone number, donor comments, e-mail address, and any other personal information provided to us (“Donor Data”).

Information from Payment Processors and Other Service Providers: Payment processors allow donors to donate electronically using a payment services account, a credit card, or other payment method. These processors collect certain information from donors, and you should consult their privacy policies to determine their practices.

How we use that information:

Donor Data may be used for these kinds of purposes:

  • Acknowledging with receipts and thanking donors for donations
  • Informing donors about upcoming fundraising and other activities of KEM Hospital
  • Internal analysis, such as research and analytics
  • Record keeping
  • Reporting to applicable government agencies as required by law
  • Surveys, metrics, and other analytical purposes
  • Other purposes related to the fundraising operations

Anonymous donor information may be used for promotional and fundraising activities. Comments that are provided by donors may be publicly published and may be used in promotional materials. We may use available information to supplement the Donor Data to improve the information we use to drive our fundraising efforts. We may allow donors the option to have their name publicly associated with their donation unless otherwise requested as part of the online donation process.

We use data gathered for payment processors and other service providers only for the purposes described in this policy.

Contact us

If you have questions about this Donor Privacy Policy or queries, please contact:

The KEM Hospital Pune
General Manager - Finance
KEM Hospital Finance Department
489, Rasta Peth, Sardar Moodliar Road,
Pune, Maharashtra 411011

Ph: +91 20 2621 7373 I +91 20 6603 7373
E-mail: finance@kemhospital.org