Our Terms and Conditions
Introduction
Welcome to Pather, a global knowledge distribution hub designed to connect expert instructors with learners. By accessing and using Pather's website, learners' app, or experts' app (collectively referred to as "Platform"), you agree to be bound by these Terms of Use. If you do not agree, you should refrain from using the Platform.
Definitions
"Platform" refers to Pather’s website, learners' app, and experts' app. "Expert," "Mentor," or "Facilitator" refers to any individual or entity creating and delivering educational content or courses on the Platform. "Learner" refers to any individual or entity subscribing to and consuming courses through the Platform. "User" refers to both Experts and Learners collectively. "Owner" "Venture tab Consulting Ltd" refers to the operator and administrator of the Pather Platform.
Acceptance of Terms
By accessing or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and any applicable laws or regulations. If you are using the Services on behalf of a company or entity, you represent that you are authorized to bind that company or entity to these Terms.
Modification of Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Site following the posting of any changes constitutes your acceptance of such changes.
Use of the Site
You agree to use the Site and its Services solely for lawful purposes. By using the Site, you agree not to:
- Violate any applicable laws, regulations, or rules.
- Post or transmit content that is illegal, harmful, abusive, defamatory, or otherwise objectionable.
- Disrupt or interfere with the security of the Site or abuse any services, system resources, accounts, servers, or networks connected to or accessible through the Site.
- Attempt to gain unauthorized access to any portion of the Site, Services, or related networks.
User Eligibility
To use the Platform, you must:
- Be at least 18 years of age, or have the consent of a legal guardian if you are under 18.
- Ensure that your use of the Platform complies with all applicable laws and regulations.
User Accounts
Account Registration
To participate as an Expert or Learner, you must create an account. You agree to:
- Provide accurate and complete information during registration.
- Maintain the security of your login credentials.
- Be responsible for all activities under your account.
Account Suspension and Termination
Pather reserves the right to suspend or terminate your account for violations of these Terms of Use or any applicable law. If your account is terminated, any unused funds may be forfeited.
Payments
Structure of Payments
Course Fees and Mentorship Sessions
- Full Payment: Learners are required to pay the full course or mentorship fee before gaining access to any content, resources, or live sessions unless otherwise specified.
- Part Payment/Installments:Pather may offer part payment options or installment plans for specific courses or mentorship sessions. These plans must be agreed upon at the time of enrollment and are subject to the terms and conditions of the chosen payment option.
Payment Gateways
- Learners may also use installment payment services such as Klarna or any other approved third-party service, where available. These services allow learners to spread payments over a period of time. However, any use of these services is subject to the terms and conditions of the respective payment service provider.
- Pather supports various secure payment gateways, including but not limited to e.g., PayPal, Stripe, Flutterwave.
Processing of Payments
For Learners
- Upon enrolling in a course or mentorship program, learners will be required to pay through the provided payment gateways. Payments are securely processed and held in escrow by Pather until the course or mentorship session is successfully delivered.
- Learners will not have access to the course or mentorship materials until payment is confirmed. For part-payment options, learners will have access as specified by the payment plan.
For Experts
- Payments for experts will be released after the successful completion of the course or mentorship sessions, subject to approval by learners and verification by Pather.
- If disputes arise, Pather reserves the right to hold payments in escrow until the matter is resolved.
Payments Disputes
In the event of any payment disputes, Pather will attempt to resolve the issue between the Learner and Expert in accordance with the dispute resolution process outlined in Section 24. If the issue cannot be resolved, Pather reserves the right to withhold funds in escrow.
Refunds, Change of fees and Cancellations
- Refunds for courses or mentorship sessions are subject to Pather’s Refund Policy outlined in Refund Policy Section. Refunds will only be processed through the original payment gateway and may be subject to processing fees.
- We may change our fees at any time, and we will provide notice of any changes to our fees on the Site or through email.
Fees
For Learners
- Payment for courses is made to the Platform and held in escrow until the course is successfully completed.
- Learners are entitled to refunds only as specified in the refund policy.
For Experts
- Experts will receive payments for their courses from the Platform after successful delivery, minus any applicable fees.
- Payments will be released according to Pather’s payout schedule.
Escrow Service
Pather operates as an escrow service to hold payments made by Learners for courses and mentorship sessions. Payments are only released to the Experts upon confirmation that the session has been delivered and completed satisfactorily.
Content Ownership and License
For Experts
- Experts retain ownership of the intellectual property rights to the courses they create and upload to the Platform.
- By uploading content, Experts grant Pather a non-exclusive, worldwide, royalty-free license to distribute, promote, and display the content within the Platform.
For Learners
- Learners are granted a limited, non-transferable license to access and use the course content for personal, educational purposes only.
- Learners may not copy, distribute, or resell course materials without the express consent of the Expert and Pather.
Refund Policy
Refunds may be issued to Learners under the following conditions:
- The course has not commenced, and the Learner cancels their subscription before accessing the content.
- The course is canceled or not delivered by the Expert as agreed.
- Refund requests must be made within 14 days of the scheduled start of the course.
Obligations/Code of Conduct
For Experts
Experts on Pather are required to uphold the following obligations to ensure a high standard of teaching and a smooth experience for learners:
- Quality of Content: Experts must provide high-quality, accurate, and relevant content as per the description provided at the time of course creation. Content should align with industry standards and professional practices.
- Schedule Adherence: Experts are required to deliver lectures and mentorship sessions in accordance with the agreed-upon schedule. Any changes to the schedule must be communicated in advance and approved by Pather and the learners.
- Course Delivery:Experts must deliver the full course or mentorship program as described in their course outline. Failure to deliver promised sessions or content may result in payment withholding, course termination, or removal from the platform.
- Accurate Information: Experts are responsible for providing truthful and accurate details about the courses, including the course structure, prerequisites, and learning objectives. Misrepresentation of the course in any way may lead to disciplinary actions.
- Professional Conduct: Experts must behave professionally in all interactions with learners. They should foster a supportive learning environment and refrain from any form of discrimination, harassment, or inappropriate behavior.
For Learners
Learners on Pather must adhere to the following obligations to ensure a productive and respectful learning environment:
- Participation and Attendance:Learners are expected to actively participate in the courses they enroll in and attend scheduled sessions unless otherwise arranged. Regular attendance and participation are critical for both individual progress and the overall success of the course.
- Respectful Engagement: Learners must engage respectfully with experts, mentors, and other learners. Disrespectful language, harassment, or disruptive behavior will not be tolerated and may result in suspension or removal from the platform.
- Adherence to Course Rules: Learners must follow the specific rules set forth by experts for each course, including deadlines for assignments, expected participation, and use of course materials.
- Prohibition Against Disruption: Learners are prohibited from engaging in any activities that disrupt the learning process, including unauthorized recording, sharing course materials without permission, or interfering with other learners' progress.
- Academic Integrity: Learners must uphold principles of academic integrity by avoiding plagiarism, cheating, or any form of dishonesty. Violations may result in expulsion from the course or platform.
Content Moderation
Standards for Content Created by Experts and Learners
At Pather, maintaining a professional, respectful, and inclusive environment is of utmost importance. Therefore, all content created by both experts and learners must adhere to the following standards:
- Accuracy: Content created by experts (such as course materials, presentations, or videos) must be accurate, up-to-date, and aligned with the course descriptions provided at the time of registration.
- Professionalism: All content, including written, visual, and interactive materials, must maintain a high level of professionalism. Content that is offensive, defamatory, or discriminatory will not be tolerated.
- Prohibited Content: Experts and learners are prohibited from sharing content that:
- Promotes hate speech, violence, discrimination, or harassment.
- Contains explicit, sexually inappropriate, or violent material.
- Violates intellectual property rights (e.g., unauthorized use of copyrighted materials).
- Contains false or misleading information.
- Encourages illegal activities or fraudulent behavior.
- Intellectual Property: Experts must ensure that any materials used in the creation of their courses do not infringe upon third-party intellectual property rights. Proper credit must be given to any external sources.
- Respect for Privacy: Learners and experts are prohibited from sharing private information about other users without their consent. This includes sharing personal data, recordings of live sessions, or any communication that could compromise someone’s privacy.
Policies for Content Review and Removal
Pather reserves the right to review and moderate all content posted on the platform to ensure compliance with the platform’s policies.
- Content Review: Pather may regularly monitor courses, comments, and discussions to verify that they meet the platform's standards. Any content flagged for review will be examined by the moderation team.
- Content Removal: If any content is found to violate Pather’s policies, it may be edited or removed at the platform's discretion. This includes, but is not limited to, course materials, learner interactions, and expert profiles.
- Consequences for Violations: Repeated or serious violations of Pather’s content standards may result in the suspension or termination of user accounts, withholding of payments, or removal from the platform.
Report Abuse
Process for Reporting Inappropriate Behavior or Content
Pather encourages users to report any instances of inappropriate behavior, content violations, or breaches of the platform's policies. The reporting process is as follows:
- How to Report: Users can report content or behavior by contacting Pather’s support team directly via email or a designated form.
- What to Report: Users should report any content or behavior that violates the platform's policies, including:
- Harassment, hate speech, or discriminatory actions.
- Inappropriate or offensive content, including illegal or explicit material.
- Misleading, fraudulent, or inaccurate information provided by experts or learners.
- Violation of intellectual property or copyright.
- Confidentiality: All abuse reports are treated with confidentiality. The identity of the reporting party will not be disclosed to the accused unless required by law or as part of legal proceedings.
Procedures for Handling Abuse Reports
- Investigation: Upon receiving a report, Pather will conduct an investigation to determine if the reported behavior or content violates the platform's terms and policies. The involved parties may be asked to provide additional information.
- Action: If the report is substantiated, Pather will take appropriate action, which may include:
- Warning the offending party.
- Editing or removing the reported content.
- Temporarily suspending or permanently banning the user from the platform.
- For severe or repeated violations, Pather may terminate user accounts or pursue legal action where necessary.
- Appeal: Users who are subject to disciplinary action may appeal the decision within 14 (fourteen) days, providing supporting evidence or explanations for review.
- Consequences: Consequences for confirmed violations may range from warnings to account suspension, termination, and legal remedies, depending on the severity of the offense.
Confidentiality and Privacy
At Pather, we prioritize the privacy and confidentiality of our users. Any personal information collected from learners, experts, or other users will be handled in strict compliance with our Privacy Policy, which is incorporated by reference into these Terms of Use. Users agree that:
- Data Collection: Pather will collect, use, and store personal data in line with applicable laws and as outlined in the Privacy Policy.
- Confidential Information: Any confidential information shared between Pather, learners, or experts as part of the learning process shall not be disclosed to third parties without the express consent of the disclosing party, except where required by law.
- Data Protection: Pather employs appropriate technical and organizational measures to protect user data from unauthorized access, disclosure, or misuse.
Termination of Services
Pather reserves the right to suspend, restrict, or terminate a user’s access to the platform or services for violations of these Terms of Use, or for conduct that negatively affects the platform or other users. Specific circumstances include but are not limited to:
- Breach of Terms: Violation of any clause within these Terms of Use.
- Unlawful Conduct: Engagement in illegal or fraudulent activities on or via the platform.
- Abuse or Harassment: Behavior that harasses, abuses, or disrupts the experience of other users or experts.
- Damage to Platform Integrity: Actions that undermine or damage the integrity, security, or reputation of the Pather platform.
In the event of termination, any pending courses or payments in escrow may be subject to review, and Pather reserves the right to withhold or refund payments based on the circumstances.
Rescheduling
Terms for Rescheduling Courses or Sessions by Learners and Experts
For Experts
- Experts must provide a minimum of 48 hours' notice to learners if they need to reschedule a course or session.
- In the event of an emergency, experts may reschedule with shorter notice, but must provide an explanation to Pather and the learners.
- Frequent or unjustified rescheduling may result in penalties, including the withholding of payments or suspension from the platform.
For Learners
- Learners must provide at least 24 hours’ notice to the expert if they wish to reschedule a session.
- Failure to attend a session without prior notice may result in the forfeiture of that session without a refund.
- In cases where learners have valid reasons for rescheduling (such as illness or emergencies), Pather may facilitate a new schedule at no additional cost, provided notice is given in advance.
Timeframes and Acceptable Reasons for Rescheduling
Acceptable Reasons
- Technical issues (internet failures, platform outages).
- Personal emergencies (illness, family emergencies).
- Professional conflicts (for experts) or academic conflicts (for learners).
Timeframes
- Rescheduling requests made within the appropriate timeframes will be accommodated without penalties.
- Any requests outside the timeframes, unless due to emergencies, may be rejected or result in additional fees for learners.
Technology Infrastructure Stability
Platform Responsibilities and Limitations
Pather strives to maintain a stable, secure, and fully functional platform for learners and experts. However, certain limitations exist regarding the platform’s performance:
Technology Failures and Downtime
- Pather may experience occasional outages or interruptions due to maintenance, upgrades, or unforeseen technical issues. In such cases, Pather will make reasonable efforts to restore service promptly.
- Pather is not liable for any interruptions caused by external factors, such as internet failures, power outages, or issues with third-party service providers.
Security Breaches
- Pather is committed to safeguarding user data and maintaining a secure environment. However, users acknowledge that no system is immune to potential security breaches. Pather will take prompt action to address any breaches and notify affected users in accordance with applicable laws.
- Users are responsible for maintaining the security of their own accounts (e.g., safeguarding passwords) and must notify Pather of any suspicious activity immediately.
Users' Rights in the Event of Technology Issues
Rights in Case of Platform Downtime
- If prolonged downtimes or technical issues impact scheduled courses or sessions, affected learners will be entitled to reschedule their sessions at no additional cost.
- Experts may not be penalized for missed sessions due to platform-related technical issues.
Compensation
Pather will not be held liable for indirect damages, including loss of income or opportunities, arising from technical failures. However, affected users may request credits or refunds for courses that were interrupted due to platform failures, subject to Pather’s review.
Indemnification
Indemnification by Users
Users agree to indemnify, defend, and hold harmless Pather, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or related to:
- User Behavior: Any content posted or actions taken by users (both learners and experts) that violate the platform’s policies, including but not limited to intellectual property violations, defamation, or breach of confidentiality.
- Third-Party Claims: Any claims brought against Pather due to the actions or omissions of users, including any infringement of third-party rights or legal violations caused by content or behavior on the platform.
Protection Against Third-Party Service Liabilities
- No Liability for Third-Party Failures: Pather is not liable for any failures, delays, or interruptions caused by third-party service providers integrated into the platform.
- Indemnification: Users agree to hold Pather harmless from any claims, damages, or losses arising from the failure or malfunction of third-party services used on the platform.
Limitation of Liability
Pather’s total liability, under any legal theory, will be limited to the amount paid by the user for the specific service or course in question.
Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of Pather or its content suppliers and is protected by intellectual property laws. You are granted a limited, non-exclusive, revocable license to access and use the content solely for personal, non-commercial purposes. Unauthorized use, reproduction, distribution, or modification of the content is strictly prohibited.
User-Generated Content
By submitting, posting, or displaying any content on the Site, you grant Pather a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, display, reproduce, modify, and distribute such content. You represent and warrant that you have the right to submit such content, and that it does not infringe upon any third-party rights, including intellectual property rights.
We reserve the right to remove any content that violates these Terms or is deemed inappropriate, at our sole discretion.
Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. Pather makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or that any defects will be corrected.
Dispute Resolution
Pather aims to ensure smooth interactions between learners and experts. However, in the event of a dispute, the following procedures shall apply:
- Internal Resolution: Learners and experts must first attempt to resolve any disputes or disagreements through Pather’s internal support system. Pather will mediate and attempt to facilitate a mutually agreeable solution.
- Escalation: If a resolution cannot be reached through initial mediation, Pather reserves the right to make a final decision. This decision may include, but is not limited to:
- Withholding payments held in escrow until the issue is resolved.
- Offering partial refunds or credits to learners, or releasing full payment to experts based on service delivery.
Pather’s decision shall be final and binding on all parties involved. If legal action is required beyond this process, disputes will be governed by the laws and jurisdiction as outlined in the governing law section of this agreement.
Limitation of Liability
- Service Interruptions: Any loss or damage resulting from the inability to access or use the Platform due to interruptions, delays, or errors in its operation.
- User or Third-Party Actions: Any damages arising from user conduct, third-party integrations, or content provided by experts or learners on the Platform.
- Indirect Damages: Any indirect, consequential, incidental, punitive, or special damages, including loss of profit, data, or business opportunities, even if Pather has been advised of the possibility of such damages.
Pather’s total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid by the user to Pather for services within the past 12 months.
Amendments
Pather reserves the right to revise or update these Terms of Use at its sole discretion.
- Notification: In the event of significant changes, Pather will notify users through email or a prominent notice on the Platform.
- Continued Use: By continuing to use the Platform after such updates, users signify their acceptance of the revised Terms. If a user does not agree with any modification, they must discontinue using the Platform.
Governing Law
These Terms of Use, and any disputes arising from or related to the use of the Platform, shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
Jurisdiction: Any legal proceedings shall be conducted in the courts of Nigeria, and users hereby consent to the jurisdiction of such courts.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and Pather regarding your use of the Site and Services, superseding all prior agreements, understandings, or representations made between the parties.