Terms and Conditions of Use
Effective Date: 4th July 2025
Platform Name: DrACED
Website URL: www.draced.com
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and DrACED (“we,” “us,” or “our”), governing your use of our educational platform and all services, content, features, and functionality offered through it.
If you do not accept these Terms in full, you are not authorized to access or use the Platform.
1. Eligibility and User Representation
1.1. You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to access or use this Platform.
1.2. By using the Platform, you represent and warrant that:
- All information you provide is accurate and current.
- You will comply with these Terms and all applicable laws.
- You are not barred from using the Platform under any applicable laws.
2. User Account Registration
2.1. To access certain services, you must create a user account. You agree to maintain the confidentiality of your credentials and are solely responsible for all activities under your account.
2.2. We reserve the right to suspend, restrict, or terminate your account without prior notice if we believe that you have violated these Terms or applicable laws.
3. Platform Purpose and Limitations
3.1. The Platform provides educational material, including surgical videos (with no patient-identifiable visuals), academic documents, discussion boards, and interactive tools.
3.2. All materials are strictly for academic, research, and professional development purposes. The Platform does not provide clinical advice or patient-specific medical guidance.
3.3. Content should not be relied upon as a substitute for professional medical training or certification.
4. Intellectual Property and Licensing
3.1. All intellectual property rights in the Platform, including content, software, visual elements, and logos, are owned by or licensed to us and protected under national and international copyright, trademark, and other IP laws.
4.2. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the content for personal, non-commercial, educational use only.
4.3. You may not:
- Copy, reproduce, modify, republish, upload, transmit, distribute, or publicly display any content without express written consent.
- Decompile, reverse engineer, or attempt to extract source code or algorithms of the Platform.
5. User-Generated Content and Conduct
5.1. You may post or upload comments, discussions, or queries in designated areas. You agree:
- Not to post defamatory, abusive, offensive, obscene, or illegal content.
- Not to infringe on any third party’s intellectual property or privacy rights.
- That your submissions are original or properly licensed.
- That your content may be reviewed, moderated, or removed by us at our sole discretion.
5.2. By posting content, you grant us an irrevocable, worldwide, royalty-free license to use, reproduce, distribute, and display such content on the Platform.
5.3. You are solely responsible for the content you post or submit. We do not endorse or assume any responsibility for any user-submitted content and disclaim all liability related to user conduct or content.
6. Prohibited Uses
You agree NOT to:
- Use the Platform for any unlawful or unauthorized purpose.
- Transmit viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to the Platform, user accounts, or related systems.
- Circumvent, disable, or otherwise interfere with security-related features.
- Exploit or harass other users, moderators, or Platform representatives.
7. Disclaimer of Warranties
7.1. The Platform and its content are provided on an “AS IS” and “AS AVAILABLE” basis.
7.2. We make no warranties or representations, express or implied, regarding the accuracy, completeness, suitability, reliability, or availability of the Platform or its content.
7.3. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.
8. Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any:
- Indirect, incidental, consequential, or punitive damages.
- Data loss, business interruption, or loss of profits.
- Damages arising from reliance on content or Platform availability.
9. Indemnification
You agree to indemnify, defend, and hold harmless DrACED, its doctors, officers, directors, employees, contractors, affiliates, licensors, and agents from and against all claims, liabilities, damages, judgments, losses, costs, or expenses (including attorney fees) arising out of:
- Your use of the Platform.
- Your breach of these Terms.
- Your violation of any law or third-party rights.
10. Privacy and Data Protection
10.1. Your use of the Platform is subject to our Privacy Policy, which outlines how we collect, use, store, and share your personal information.
10.2. You acknowledge and consent to the processing of your data in accordance with applicable data protection laws, including but not limited to the GDPR.
11. Termination and Suspension
11.1. We may, in our sole discretion, terminate or suspend your account or access to the Platform without notice for conduct that we believe violates these Terms or applicable laws.
11.2. Upon termination, all rights granted to you under these Terms will cease immediately.
12. Third-Party Content and Links
12.1. The Platform may contain links to third-party websites or services.
12.2. We are not responsible for the content, practices, or policies of any third-party sites and make no warranties regarding their services or content.
13. Compliance with Legal Obligations
13.1. You are solely responsible for ensuring that your use of the Platform complies with all applicable laws, regulations, professional standards, and licensing requirements.
13.2. You agree not to upload or share any patient-identifiable data, protected health information (PHI), or content that violates confidentiality laws (e.g., HIPAA, GDPR).
14. Governing Law and Dispute Resolution
14.1. These Terms are governed by and construed in accordance with the laws of India.
14.2. Any disputes arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu.
14.3. You waive any objections to venue and jurisdiction in such courts.
15. Modifications to Terms
15.1. We reserve the right to update or revise these Terms at any time.
15.2. Changes will be effective immediately upon posting on the Platform. Continued use of the Platform following such changes constitutes acceptance.
16. Miscellaneous
16.1. Severability: If any part of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.
16.2. Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other.
16.3. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
17. Service Availability and Maintenance
17.1. We do not guarantee uninterrupted access to the Platform and may suspend access temporarily for maintenance, upgrades, or unforeseen technical issues.
17.2. We are not liable for any loss or inconvenience caused by unavailability of the Platform.
18. Feedback and Suggestions
18.1. If you submit feedback, ideas, or suggestions, you agree that we may use them without any obligation to compensate you.
18.2. You hereby grant us a non-exclusive, royalty-free, perpetual license to use any such feedback for any purpose.
19. Force Majeure
19.1. We shall not be liable for any delay or failure in performance resulting from acts beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, natural disasters, internet outages, or governmental restrictions.
20. Contact Information
For any concerns, questions, or complaints, contact us at:
Email: draced@dragarwal.com
Address: 222, Parthasarathy Garden St, near Raj Park Hotel, Parthasarathypuram, Teynampet, Chennai, Tamil Nadu 600018.
Phone: +91 9444444134