Welcome to Magna, a mobile app that provides patient education, connection to medical
practitioners and coaching for
better management of diabetes and other services (collectively, “Services”). Magna Patient’s
app is available only on a
phone (“Mobile App”). (“Magna,” “we,” or “us”) owns and operates Magna App. These Terms of
Use apply to the Magna App
and other related services used from Magna and/or its affiliates
These Terms & Conditions for use of Kindersurge.com website and any of its subdomains and any
of the mobile applications
found therein (collectively the ‘Website’, ‘Site’,’App’, ‘Magna’) is a legal agreement
(‘Agreement’) between you, the
user and Magna, a company incorporated in India, (hereinafter referred to as ‘Magna’, ‘Our’,
‘Us’, ‘We’) providing,
among other things, the terms and conditions for your use of free, subscription & paid
services, primarily a cloud based
doctors practice management software, personal health management software and integrated
mobile based applications
hosted and managed remotely (the ‘Services’). The online site https://www.magnacode.co.in and the mobile applications
are owned and operated by Magna. Youacknowledge that you have read and agreed to these terms
of use (‘Terms’) and any
amendments, modifications or changes made to it from time to time. You may not use the
services if you do not agree to
Magna has the discretion to update this Terms & Conditions at any time. We encourage Users to
frequently check this page
for any changes to stay informed about the Terms. You acknowledge and agree that it is your
responsibility to review the
Terms periodically and become aware of modifications. You shall be bound by the same on your
participation in such
services or programs. Any new features that augment or enhance the current Service,
including the release of new
features and resources, shall be subject to the Terms of Service.
Purpose of Magna and Scope of its Services
- For Patient Users, to receive electronic reminders concerning medication, testing and
- For Patient Users, to access and use a personal database for entry of Personal
Information and to later review such
Personal Information related to the management and treatment of your diabetes,
- For Medical Practitioners to provide personal, controlled access to patient data to
support the management or care of
patients, including by modifying treatments via electronic messages through the app
What you cannot use Magna for ?
This service is an enhancer to professional medical advice and cannot be take as a
replacement of Medical advice. The
service provides information and assistance to doctors for better tracking of the disorder.
Always consult a physician
for any queries or doubts.
The sites and services are for non-emergency purposes only. Do not attempt to access
emergency care through the sites or
the services. If at any time you are concerned about your care or treatment, or if you think
you have a medical
emergency, call an ambulance or go to the nearest medical facility immediately.
The services are not intended to support or carry emergency or time-critical calls or
communications to any type of
hospital, law enforcement agency, medical care unit, or any other kind of emergency or
- You must be 18 years or older to use this Service
- Login to your account may only be used by one person – a single login shared by multiple
people is not permitted.
- You agree not to share your username and password with other people. You are responsible
for maintaining the
confidentiality of your Service account and password. It is your responsibility to
notify Magna if you believe your
username or password have been compromised or used in an unauthorized manner either with
or without your knowledge.
- This Service is limited to users in India only. The Service is enabled by technology,
software and certain content
- The service is owned by Magna and you will not lease, loan, sublicense, distribute, or
otherwise provide others access
to or with any aspect of the Services. Other than as expressly set forth in this
Agreement, no license or other rights
in or to the Services are granted to you, and all such licenses and rights are hereby
- The Service has been designed by Magna with the purpose of assisting people achieve
their health goals through healthy
lifestyle choices and behavior.
- If you have been diagnosed with a chronic disease or other health condition, you
represent that you have obtained the
express opinion from a health care professional to receive the Services before
- The Service requires your active engagement and participation. You understand that,
despite your efforts, individual
users results will vary for a variety of reasons and Magna cannot guarantee that you
will achieve your health goals.
- You must provide your legal full name, a valid email address, contact details and any
other information requested in
order to complete the signup/registration process and/or continued use of the Service.
and practices online at our site on how the personal information would be used. Magna
reserves the right to terminate
your use of the Services upon the discovery that the information you provided is not
complete or accurate
- You may not use the Service for any illegal or unauthorized purpose. You must not, in
the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright or trademark
- You are responsible for complying with all applicable local, state, national and foreign
laws relating to your use of
the Service. You may not violate any applicable law or regulation; post or transmit any
materials that violate any
applicable local law; use the Service for any fraudulent or inappropriate purpose.
- Company reserves the right to require payment of fees for certain features of the
Services. Should you elect to
subscribe to such features, you shall pay all applicable fees, as described on the Sites
in connection with such
features. Company reserves the right to change its price list and to institute new
charges at any time, upon prior
notice to you, which may be sent by email or posted on the Sites. Use of the Services by
you following such notification
constitutes your acceptance of any new or increased charges.
- 13) The Services and the Content are protected under Indian and international
intellectual property, copyright,
trademark, patent, trade secret and other laws. The Sites, the Services and the Content
are the sole property of
Company. You shall abide by all copyright notices, information, and restrictions
contained in any Content accessed
through the Services. You shall not sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, create derivative works from, or
otherwise exploit the Services or any
Content or third party submissions or other proprietary rights not owned by you,
(a) without the consent of the respective owners or other valid right, and (b) in any
way that violates any third party
- You may, to the extent the Sites expressly authorize you to do so, download or copy the
Content, and other items
displayed on the Sites for download, for personal use only in accordance with these
Terms,provided that you maintain all
copyright, trademark and other notices contained in such Content. You shall not store
any significant portion of any
Content in any form.
- Copying or storing of any Content for other than personal, noncommercial use in
accordance with these Terms is expressly
prohibited without prior written permission from Company, or from the copyright holder
identified in such Content’s
- You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in
any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of
any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or
otherwise made available via the Services.
- You understand that Company shall have the right to de-identify, reformat, excerpt, or translate any materials, content
or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is
the sole responsibility of the person from which such content originated and that Company will not be liable for any
errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may
interact in the course of using the Services.
- Company does not endorse and has no control over any User Submissions. Company cannot guarantee the authenticity of any
data which users may provide about themselves.
Cancellation and termination
- You are solely responsible for properly cancelling your account. You may cancel your account at any time by sending an
email to email@example.com, with your intent of cancellation. There is no cancellationFees required.
- All of your Content will be deleted from the Service upon cancellation. Upon request by you made within 7 days after the
effective date of termination of a Services subscription, After such 7-day period, We shall have no obligation to
maintain or provide any of your Data and shall thereafter, unless legally prohibited, delete all of your data in Our
systems or otherwise in Our possession or under Our control.
- There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will
not be charged or billed thereafter.
- Magna may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your
account. In the event of termination, your account will be disabled and you may not be granted access to your account or
any files or other content contained in your account.
Intellectual property rights
- You agree that Magna owns all rights to the code, databases, visual-design and layout, including all files and images
contained in or generated by the software, and accompanying data, of the Service.
- Magna claims no intellectual property rights over the details/data you upload, submit, store, send or receive content
via the Service. Your account and details/data uploaded remain only yours.
- You give Magna a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those
resulting from translations, adaptations or other changes that we make so that your content works better with our
Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you
grant in this license are for the limited purpose of operating, promoting and improving our Services, and to develop new
ones. This licence continues even if you stop using our Services.
- You would not resell, duplicate or reproduce or exploit, nor decompile, reverse-engineer, disassemble, or otherwise
convert any part of the Service without the written consent permission of Magna.
- You would not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the written
consent permission of Magna.
- You would not remove any copyright, trademark, or other proprietary rights notices contained in the Services.
- You would not frame or “mirror” any part of the Services without Our prior written consent.
- You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees,
contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable
attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, the Services, Content or
otherwise from your User Submissions; (b) your breach of these Terms; (c) your violation or alleged violation of any
applicable Federal, State or local laws, rules and/or regulations; or (d) infringement by you, or any third party using
your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will
assist and cooperate with Company in asserting any available defenses.
Limitation of Liability
- In no event shall company, nor its directors, employees, agents, partners, suppliers or content providers, be liable
under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services
(including, without limitation, any content): (a) for any lost profits, data loss, cost of procurement of substitute
goods or services, or special, indirect, incidental, punitive, exemplary, or consequential damages of any kind
whatsoever, substitute goods or services (however arising); (b) for any bugs, viruses, trojan horses, or the like
(regardless of the source of origination); (c) for your reliance on the services; or (d) for any direct damages in
excess of (in the aggregate) INR 1,000(one thousand) only. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitations and exclusions may not apply to you if you reside in such
- 32) Nothing herein shall limit the potential professional liability of a physician or other licensed health care
provider arising from or related to medical services you may receive consequent to the use of the services.
We are not liable to any person or user for any harm caused by the negligence or misconduct of any licensed medical
professional or any other party.
- When using the Services, information will be transmitted over a medium which may be beyond the control and jurisdiction
of Company, its customers and/or its vendors. Accordingly, Company assumes no liability for or relating to the delay,
unintended disclosure, failure, interruption or corruption of any data or other information transmitted in connection
with use of the Services.
- Any claims against Company arising in connection with your use of the Services must be brought against Company within 6
(Six) months year of the date of the event giving rise to such action.
Governing Law; Dispute Resolution
- A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed form.
- Jurisdiction for legal dispute and resolution is limited to Jurisdiction of courts located in Chennai, Tamil Nadu,
herein please contact magna firstname.lastname@example.org