Terms and Conditions

Last updated: September 9, 2024

Welcome to PathWork, a mobile application provided by Casper Talent Development and Consulting Limited (“Casper Academy,” “we,” “us,” or “our”). By accessing or using our website at www.pathwork.app (the “Site”) or the PathWork mobile application (the “App”), you agree to follow and be bound by the following terms and conditions (“Terms”). Please read these Terms carefully before using our services.

1. Acceptance of Terms

By accessing, browsing, or using the PathWork website (the “Site”) or the PathWork mobile application (the “App”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site and App, including but not limited to users who are visitors, browsers, customers, merchants, and/or content contributors.

If you do not agree to all the terms and conditions outlined in these Terms, you may not access the Site or use any of the services provided by the App. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

1.1 Agreement to the Terms

By using the Site or App, you represent and warrant that you have the legal capacity to enter into this agreement and follow these Terms. If you are using the Site or App on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.

1.2 Electronic Communications

When you access or use the Site or App, send emails, or engage in other electronic communications with us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, notices, messages, and other communications, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.

1.3 Acknowledgment

You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of the Site or App after such modifications will constitute acknowledgment and acceptance of the modified Terms.

2. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. Any changes to the Terms will be effective immediately upon posting on the Site or within the App unless otherwise specified in the policy. It is your responsibility to review these Terms periodically to stay informed of any updates.

2.1 Notification of Changes

While we will endeavor to inform you of any significant changes to these Terms via email or through a prominent notice on the Site or App, it is ultimately your responsibility to review these Terms periodically for any changes. We recommend you bookmark this page and check it regularly for updates.

2.2 Continued Use After Changes

Your continued access to or use of the Site or App following the posting of any changes to the Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, you must stop using the Site and the App immediately.

2.3 Material Changes

In the event of a material change to the Terms, we will provide more direct notice, such as by sending an email to the address you provided or by placing a prominent notice on the Site or App. Material changes may include changes that significantly affect your rights, obligations, or access to the Site or App.

2.4 Reviewing the Terms

We encourage you to review the Terms each time you use the Site or App to ensure you understand the terms and conditions that apply at that time. If you have any questions or concerns about the changes, you should contact us at learners@casper.academy before continuing to use the Site or App.

 

3. Use of the Site and App

Your access to and use of the PathWork website (the “Site”) and the PathWork mobile application (the “App”) is subject to your compliance with these Terms and all applicable laws and regulations. By using the Site and the App, you agree to abide by these Terms and any other policies or guidelines that Casper Academy may establish.

3.1 Eligibility

To use our Site and App, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older. By accessing or using the Site or App, you represent and warrant that you meet this eligibility requirement. If you are using the Site or App on behalf of an organization or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and App solely for your personal, non-commercial purposes. This license does not include any resale of our services or content; any collection and use of any product listings, descriptions, or prices; or any derivative use of the Site, App, or their contents.

3.3 Prohibited Uses

You agree not to use the Site or App for any unlawful or prohibited purposes. Specifically, you agree not to:

• Interfere with Operations: Use any device, software, or routine that interferes with the proper working of the Site or App or otherwise attempts to interfere with the normal operation of the Site or App.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the Site, App, or any other systems or networks connected to our services.
• Data Mining: Use any robot, spider, scraper, or other automated means to access the Site or App for any purpose without our express written permission.
• Modification: Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or App.
• Unlawful Activities: Engage in any activity that violates any applicable law or regulation or that promotes or facilitates illegal activities, including but not limited to fraudulent activities, hate speech, or harassment.

3.4 Account Creation and Management

Account Requirement: Users are not required to create an account to access or use the Site but, signing up for the App requires an user to create a personal account for themselves. However, certain features or services may require additional registration or information. In such cases, you agree to provide accurate, complete, and up-to-date information as requested.

3.5 Termination of Use

Casper Academy reserves the right to terminate or suspend your access to the Site or App, without notice and for any reason, including if we believe that you have violated these Terms or engaged in conduct that could harm Casper Academy, its users, or others.

 

4. Intellectual Property

All content, features, and functionality provided on the PathWork website (the “Site”) and the PathWork mobile application (the “App”) are the exclusive property of Casper Talent Development and Consulting Limited (“Casper Academy”) or its licensors. 

4.1 Ownership of Content

All content available on the Site and App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software (collectively, the "Content"), is owned by Casper Academy or its content suppliers and is protected by copyright, trademark, and other applicable intellectual property laws. Unauthorized use of the Content may violate these laws and is strictly prohibited.

4.2 Trademarks

The trademarks, service marks, logos, slogans, and trade dress (collectively, the “Trademarks”) displayed on the Site and App are the registered and unregistered trademarks of Casper Academy and its licensors. You are not permitted to use these Trademarks without the prior written consent of Casper Academy or the respective trademark owner. Any unauthorized use of the Trademarks is strictly prohibited and may violate trademark laws.

4.3 Limited License

Casper Academy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and App for personal, non-commercial purposes. This license does not include:

• Resale or Commercial Use: Any resale or commercial use of the Site or App or their Content.
• Derivative Works: Any derivative use of the Site, App, or Content.
• Data Mining: Any use of data mining, robots, or similar data gathering and extraction tools.
• Copying or Reproduction: Copying, reproducing, or redistributing the Content, Trademarks, or proprietary information without our express written permission.

Any use of the Site or App beyond the scope of this limited license is strictly prohibited and will cause the termination of this license. Any such unauthorized use may also violate applicable laws, including copyright and trademark laws.

4.4 User Contributions

If you submit any feedback, suggestions, or other information (collectively, “User Contributions”) to the Site or App, you hereby grant Casper Academy a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions throughout the world in any media. You acknowledge and agree that Casper Academy may use your User Contributions in any manner, including but not limited to improving the Site, App, or our products and services, without any obligation to compensate you.

4.5 Prohibited Activities

You are prohibited from:

• Modifying or Copying Content: Modifying, copying, or creating derivative works based on the Site, App, or their Content.
• Commercial Exploitation: Using any of the Site, App, or Content for commercial purposes without our express written permission.
• Infringing on IP Rights: Engaging in any activity that infringes on the intellectual property rights of Casper Academy or its licensors.
• Misuse of Trademarks: Using any Trademarks displayed on the Site or App without prior written permission from Casper Academy or the respective trademark owner.

4.6 Enforcement of Intellectual Property Rights

Casper Academy reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking damages, injunctions, and other legal remedies in the event of unauthorized use of the Site, App, or Content.

 

5. Payment and Refund Policy

 

At PathWork, we are committed to providing accessible, quality learning experiences, which is why our app is currently free to use. As of now, there are no charges associated with downloading or using PathWork, and therefore, no payment or refund policy is in place.

In the near future, we plan to introduce premium services to enhance your learning journey. Once these services are launched, this policy will be updated to reflect the pricing structure, payment methods, and refund guidelines for those premium features.

We encourage you to stay tuned for updates and appreciate your support as we grow!

6. User Conduct

You agree not to use the Site or the App for any unlawful purpose or in a way that could harm or disable our services. You are prohibited from:

• Uploading or transmitting viruses or any other malicious code.
• Interfering with or disrupting the operation of the Site, the App, or the servers and networks used to make the Site and App available.
• Attempting to gain unauthorized access to any portion of the Site, the App, or any other systems or networks connected to our services.

7. Limitation of Liability

By accessing and using the PathWork website (the “Site”) and the PathWork mobile application (the “App”), you agree to conduct yourself in a responsible, lawful, and respectful manner. You are solely responsible for your behavior and any content that you post, submit, or share on or through the Site or App. The following rules and guidelines outline acceptable and unacceptable conduct while using our services.

7.1 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Illegal Activities: You must not use the Site or App for any illegal or unauthorized purpose, including but not limited to violating any local, state, national, or international laws or regulations.
• Harassment and Abuse: You must not harass, threaten, abuse, or harm other users, employees, or representatives of Casper Academy. This includes, but is not limited to, verbal or written abuse, threats of physical harm, stalking, and any form of discrimination or hate speech.
• Impersonation: You must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. This includes, but is not limited to, using someone else’s name, likeness, or account information without permission.
• Fraud and Deception: You must not engage in any fraudulent activities, including but not limited to creating fake accounts, providing false information, or attempting to deceive other users.
• Spamming: You must not use the Site or App to send unsolicited messages, advertisements, or spam. This includes but is not limited to unsolicited commercial messages, chain letters, and pyramid schemes.
• Disruption of Services: You must not interfere with or disrupt the operation of the Site or App, including but not limited to transmitting viruses, malware, or other harmful code, or launching denial-of-service attacks.
• Unauthorized Access: You must not attempt to gain unauthorized access to any part of the Site, App, or any other systems or networks connected to our services. This includes, but is not limited to, hacking, phishing, or circumventing security measures.
• Inappropriate Content: You must not post, upload, or share any content that is obscene, offensive, pornographic, defamatory, libelous, or otherwise objectionable. This includes but is not limited to, content that promotes violence, hatred, or illegal activities.

7.2 User-Generated Content

• Responsibility for Content: You are solely responsible for any content that you create, post, or share on the Site or App, including but not limited to text, images, videos, comments, and feedback. You agree not to post content that violates others' rights or violates any applicable laws.
• Licensing of Content: By submitting content to the Site or App, you grant Casper Academy a non-exclusive, royalty-free, worldwide, transferable, sublicensable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
• No Monitoring Obligation: While Casper Academy reserves the right to monitor, edit, or remove any user-generated content on the Site or App, we are under no obligation to do so. We are not responsible for any content posted by users or third parties and do not endorse any such content.

7.3 Interactions with Other Users

• Respectful Interaction: You agree to interact with other users respectfully and professionally. You must not engage in any conduct that is disruptive, harmful, or detrimental to the experience of other users.
• Disputes with Other Users: If you have a dispute with another user, you are encouraged to resolve the dispute amicably. However, Casper Academy is not responsible for mediating or resolving disputes between users and will not be liable for any actions or conduct of users.

7.4 Consequences of Violations

• Termination of Access: Casper Academy reserves the right to terminate or suspend your access to the Site, App, or any services offered, without notice and at our sole discretion, if we believe that you have violated these Terms or engaged in any prohibited conduct.
• Legal Action: In the event of a serious violation, Casper Academy may take legal action against you, including seeking damages, injunctions, and other remedies as appropriate.
• Reporting Violations: If you encounter any content or behavior on the Site or App that you believe violates these Terms, you are encouraged to report it to us immediately at learners@casper.academy. We will investigate all reports and take appropriate action.

7.5 User Feedback and Suggestions

• Voluntary Feedback: If you submit any feedback, suggestions, or ideas regarding the Site, App, or our services, you do so voluntarily and agree that such feedback is provided without any expectation of compensation or confidentiality.
• Use of Feedback: Casper Academy is free to use, disclose, reproduce, license, or otherwise exploit the feedback without any obligation or compensation to you.

 

8. Indemnification

By using the PathWork website (the “Site”) and the PathWork mobile application (the “App”), you agree to indemnify, defend, and hold harmless Casper Talent Development and Consulting Limited (“Casper Academy”), its affiliates, licensors, partners, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) that arise out of or relate to your use or misuse of the Site or App, your violation of these Terms, your violation of any rights of another, or your conduct in connection with the use of our services.

8.1 Scope of Indemnification

Your obligation to indemnify, defend, and hold harmless applies to any claims, actions, or demands made by third parties, including but not limited to:

• User Content: Any content you submit, post, or transmit through the Site or App, including but not limited to any claims of infringement, defamation, or violation of privacy rights.
• Violation of Law: Any breach of applicable laws, regulations, or third-party rights, including but not limited to intellectual property rights, privacy rights, and consumer protection laws.
• Breach of Terms: Any violation or breach of these Terms or any other agreements or policies referenced herein.
• Negligence or Misconduct: Any negligence, misconduct, or wrongful acts committed by you or any person accessing the Site or App using your account or credentials.

8.2 Procedure for Indemnification

• Notice of Claim: If Casper Academy is subject to any claim, action, or demand for which you are obligated to indemnify us, we will promptly notify you of the claim and provide you with the opportunity to defend the claim, at your expense.
• Control of Defense: You have the right to control the defense and settlement of any claim for which you are obligated to indemnify us, provided that you do so in a manner that does not harm Casper Academy’s interests. Casper Academy reserves the right to participate in the defense of any claim with its counsel at its own expense.
• Cooperation: You agree to cooperate fully with Casper Academy in the defense of any claim, including providing any information, documentation, and assistance reasonably requested by Casper Academy.

8.3 Settlement of Claims

• Approval of Settlements: You may not settle any claim without the prior written consent of Casper Academy if such settlement would impose any liability, obligation, or admission of guilt on Casper Academy.
• Release of Liability: Any settlement that involves the payment of money or the granting of any other form of relief by Casper Academy requires Casper Academy’s prior written approval.

8.4 Continued Obligations

Your indemnification obligations will survive the termination of your account or your access to the Site or App, and the termination of these Terms.

 

9. Governing Law

These Terms, and any disputes arising out of or relating to your use of the PathWork website (the “Site”) and the PathWork mobile application (the “App”), shall be governed by and construed by the laws of Bangladesh, without regard to its conflict of law principles.

9.1 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Site or App shall be brought exclusively in the courts of Bangladesh. By using the Site or App, you consent to the jurisdiction and venue of such courts and waive any objection you may have to such jurisdiction or venue.

9.2 Dispute Resolution

• Negotiation: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or App, you agree to first attempt to resolve the dispute informally by contacting us at learners@casper.academy. We will make reasonable efforts to address your concerns.
• Arbitration: If the dispute cannot be resolved through negotiation within a reasonable time, you agree to resolve the dispute through binding arbitration by the rules of the Bangladesh Arbitration Act. The arbitration will take place in Dhaka, Bangladesh, and will be conducted in English.
• Waiver of Class Action: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial or to participate in a class action or similar proceeding.

9.3 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

9.4 Entire Agreement

These Terms constitute the entire agreement between you and Casper Academy concerning your use of the Site and App and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter.

9.5 Modification of Terms

Casper Academy reserves the right to modify these Terms at any time. Any changes will be effective upon posting on the Site or App. Your continued use of the Site or App following the posting of any changes constitutes your acceptance of the revised Terms.

10. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Casper Talent Development and Consulting Limited
House 44B, Rd 116, Gulshan, Dhaka - 1212
Email: learners@casper.academy
Phone: +8801678091951