Effective Date: 25 September 2023
These Terms apply to the Via Academy mobile application (the “App”) and to the Coach Feedback service offered via the VIA Academy website (including www.viaacademy.com and its subdomains) (together, the “Services”). The Services are made available by KaiZhan Limited, a company registered in England and Wales under company number 12610906 whose registered office is at 506 Kingsbury Road, London, NW9 9HE, United Kingdom (“KaiZhan” or “us” or “we”) and whose VAT number is 382742381 and whose email address is email@example.com.
You must be at least 18 years old to agree to these Terms. If you are under 13 years of age, your parent or legal guardian of at least 18 years of age must agree to these Terms in your place. If your age is between 13 and 18 (or the age of majority where you live), you and your parent or guardian must review and agree to these Terms together. We strongly recommend that parents and guardians familiarise themselves with parental controls on devices they provide a child.
If you are a parent or legal guardian who is agreeing to these Terms on behalf of a child aged under 18, you agree that: (a) you and your child will comply with these Terms (and any breach by your child will be deemed your breach); and (b) you are liable for your child’s acts or omissions when they use the Services.
If your child is aged under 13 years old, you must also give your child permission to register for the Services, and to use certain interactive or paid features, using the KidsWebServices “parent portal”. You will need to create an account with KidsWebServices and verify your identity. You can manage your child’s permissions using the parent portal until your child turns 13 years old. After your child turns 13, we will continue to rely upon the consent and permissions you have provided unless you contact us, or your child creates a new account.
If your child is aged under 13 years old you will also receive relevant emails from us pertaining to your child’s activity within the app (for example regarding videos uploaded by your child, and changes to your child’s privacy settings when they turn 13). You will receive these emails until your child turns 13 years old.
When you register to use the Services you will be asked to create a User Account and to provide certain information to us, including your email address, password and date of birth, as part of our security procedures. You are responsible for the accuracy of all User Account information you provide to us.
You must treat your User Account login details as confidential and you must not disclose them to any third party. You are responsible for any unauthorised use of your User Account login details. If you know or suspect that anyone other than you knows your User Account login details, you must immediately notify us at firstname.lastname@example.org.
When you create a User Profile, we will ask you to provide us with certain personal information including your first and last name, username, nationality, football player position, football team gender, and profile photo (“User Profile Information”). If you are a parent or guardian creating a User Profile on behalf of your child, you should enter your child’s information. You will also have the opportunity to edit your User Profile Information. It is your responsibility to ensure that your User Profile Information is up to date, accurate and complete.
Your User Profile Information must not contain any pictures, text or other content that contains profanities, nudity, suggestive content, violence, disturbing content, rude gestures, drugs, tobacco, alcohol, gambling or hate symbols, or is unkind, rude, offensive, racist, sexist or otherwise inappropriate, as deemed by us.
You must not impersonate any other person or organisation, or pretend to be someone or something that you are not, including any football club, Academy, team, player or organisation. You must not create an account for someone else unless you have their express permission.
Your User Profile Information must not contain any logos, trade marks, images or text belonging to someone else without their permission. You warrant that you own or have the rights to use any content contained in your User Profile Information and you will be responsible for any consequences if you don’t have the necessary permissions and consents.
If you upload a photo that shows another person, you must ask that person if they are happy for you to upload the photo, and get their permission before you do so. You hereby warrant to us that you have the necessary permission and consent from anyone included in your photo before you upload it. You should not upload any photo showing someone under 13 years old.
Users aged over 13 years old can be followed by both Academies and other App users. If you are over 13, when you register for the App, you will automatically be “followed” by Academies. Users aged over 13 years old can choose who can see their Followers/Following lists by enabling or disabling the “Hide my Followers/Following lists” toggle in Profile Settings. For users aged between 13-17 years old, this setting is enabled by default. For users aged 18+, this setting is disabled by default. Users aged over 13 can choose to enable/disable “Follower requests”. For users aged between 13-17 years old, “Follower requests” is enabled by default. For users aged 18+, “Follower requests” is disabled by default.
Users aged under 13 years old can only be followed by Academies (and not by other App users). If you are aged under 13, “Following” by Academies will also require permission from your parent/guardian via the Parent Portal. For users aged under 13, the “Hide my Followers/Following” setting and the “Follower requests” setting are enabled by default and cannot be changed.
As a registered user you can create, upload and/or post videos and video descriptions to and via the Services (“User Videos”). Your User Videos may also be combined with sound recordings from the VIA Academy music library (“VIA Music”) and visual elements such as the VIA Academy and “V” logos.
As a registered user in some circumstances you are also permitted to download your own User Videos via the Services.p, and (provided you are over 13) post your own User Videos to third party apps/platforms via the Services (e.g. TikTok, Instagram, Facebook, YouTube, Twitter).
We do not approve, endorse or verify the content in any User Videos uploaded or posted to or via the Services, or downloaded via the Services. The views expressed in any User Videos uploaded or posted to or via the Services, or downloaded via the Services, do not represent our views or values.
User Videos uploaded or posted to or via the Services must be in the nature of football videos that show you demonstrating a football skill, drill, exercise, trick or move or performing in a football match scenario. The Services are designed for you to improve your football, practise your football skills, and compete, connect and interact with professional football Academies and other footballers. You must not upload or post User Videos to or via the Services for any other purposes, including to do or encourage anything illegal, or to promote goods or services.
User Videos uploaded or posted to or via the Services must not contain any pictures, text or other content that contains profanities, nudity, suggestive content, violence, disturbing content, rude gestures, drugs, tobacco, alcohol, gambling or hate symbols, or is unkind, rude, offensive, racist, sexist or otherwise inappropriate, as deemed by us.
User Videos uploaded or posted to or via the Services must not feature another person who is not yourself unless that person knows about the video and has given you permission to post it, even if they are in the background. User Videos must not contain another person’s private information, or contain footage or images of another person in a private situation (e.g. a locker room). You must have, and you hereby warrant to us that you have, the necessary permission and consent from anyone included in your video before you upload or post it to or via the Services. You will be responsible for any consequences if you don’t have the necessary permissions and consents. User Videos should never contain footage of a person under 13 years old, unless that person is yourself and you have posted the User Video using your own registered account, with the requisite parental permission.
Your User Videos, and any images, text, logos, names or trademarks contained in your User Videos, must be your own, or you must have permission from the person who owns that content before you upload or post the User Video to or via the Services. You warrant to us that any footage in your User Videos belongs to you, or that you have received all of the necessary permissions to use, upload and/or post the User Videos to or via the Services. You will be responsible for any consequences if you do not have all of the necessary permissions and consents. This includes (but is not limited to) in particular, match footage and football exercises undertaken with others. If we suspect that you do not have permission to use the footage in any User Video that you upload or post to or via the App, we have the right to remove your video from our Services immediately and, in the case of any paid features, goods or services relating to that User Video, to refuse to provide the paid features/goods/services to you.
You must not impersonate other people or organisations, or mislead others into thinking you are someone or something you are not. This includes impersonating any football player, celebrity, club, Academy, team, brand or other organisation.
There are also certain technical and quality requirements that must be met in order for you to upload or post a video. These requirements will be communicated to you at the point of upload/posting. It is your responsibility to ensure that you have submitted the correct video and that the technical requirements and quality standards are met.
We also have the right to, but are not required to, temporarily or permanently hide or remove any User Videos, and/or temporarily or permanently suspend any User Account, in response to complaints from other users or third parties.
As part of our content moderation processes, we use an automatic moderation service that automatically detects and removes unlawful or objectionable content including where that content is believed to contain explicit nudity, suggestive situations, violence, disturbing content, rude gestures, drugs, tobacco alcohol, gambling or hate symbols. We do not guarantee the accuracy of the moderation service.
You must be over 18 years of age to purchase Coach Feedback. If you are under 18 years of age, please ask your parent/guardian to purchase the Coach Feedback on your behalf.
When creating the Coach Feedback, the coach may elect to use and rely on your Video Upload, any past Video Uploads submitted by you, your User Profile information, and any written information submitted by you with your Video Upload.
It is your responsibility to ensure that your information (whether submitted by you or contained in your User Profile) is complete, up to date and accurate. If you are a parent/guardian purchasing Coach Feedback on behalf of your child, please ensure that you sign in using the child’s User Profile information as it is the User Profile information of the registered user that will be relied upon for the Coach Feedback.
The provision of Coach Feedback relies on the quality of your Video Uploads. You are responsible for ensuring the quality of your Video Uploads, including that you have submitted the correct video and that the technical requirements and quality standards are met.
You will be notified that your Coach Feedback is available via in-app notification, push notification (if push notifications are enabled on your device) and email (via the email address associated with your User Profile or, in the case of children aged under 13 years, the parental email address which was used when parental permission was provided). You will be notified that your Coach Feedback is available via the email address associated with your User Profile or, in the case of children aged under 13 years, the parental email address which was used when parental permission was provided. You are responsible for ensuring that emails sent in relation to your User Account are not blocked or filtered by your email provider. If you believe that you are not receiving email communications from us pertaining to your User Account, please send us a WhatsApp at +447311345970.
The Coach Feedback is provided on an as-is basis subject to the licence terms set out in this paragraph. If you are dissatisfied with the quality of the Coach Feedback, please contact email@example.com. All Coach Feedback is an opinion and provided for general information purposes only. Whilst it is given in good faith, no duty of care exists in relation to your skills improvement and it cannot be relied upon as professional or medical or healthcare advice. Coach Feedback (being content excluding your Video Upload) belongs to us and/or the relevant club and/or coach. Coach Feedback is licensed to you on a non-exclusive basis for personal use only, and may not under any circumstances be used for any commercial purpose. By way of example only, you have the right to post Coach Feedback on social media, share it with your coach, family and friends or use it as part of your personal CV. You may not however sell it or use it for direct personal financial gain.
We will reimburse you for any fees paid by you for Coach Feedback, with credits or a refund in our sole discretion (subject to any applicable law), if:
The Monthly Draw recurring prize draw the (the “Monthly Draw”) will start as of October 2023 and will continue to run until further notice. Prize draws will occur monthly (each a “Prize Draw”).
The entry period for each Prize Draw (each, an “Entry Period”) will begin on the 1st day of each calendar month at 00:00 BST and will close on the last day of the calendar month at 23:59 BST.
Prize Draws are open to all registered users. No purchase of any goods or services is necessary to be eligible for entry. Registered users under the age of 13 will require parental permission to enter.
Each user may only submit one entry per Prize Draw. Entries cannot be changed or deleted after submission.
Each Prize Draw will take place on the 1st day of the month following the Entry Period for that Prize Draw, with the first Prize Draw occurring on 1 November 2023.
Winners will be selected at random from all valid entries received in the Entry Period immediately prior to the relevant Prize Draw. At least one (1) winner will be drawn in each Prize Draw. The number of winners drawn may vary between Prize Draws.
Each winner will receive Coach Feedback on the video that was submitted in their Prize Draw entry (the “Prize”). The Academy coach allocated to provide the Coach Feedback will be selected by us in our sole discretion. The Prize will be available within 3 weeks of the relevant Prize Draw. Prizes cannot be transferred to a third party.
Winners will be notified via in-app notification, push notification (if push notifications are enabled on your device) and email (via the email address associated with your User Profile. If the winner is aged under 13 years, the email notification will be sent to the winner’s parent’s email address.
Winners’ usernames will be published on VIA Academy social media and/or website following the relevant Prize Draw.
We reserve the right to modify the Prize Draw eligibility and rules, cancel or suspend a Prize Draw, or suspend or terminate the Monthly Draw in whole or in part at any time.
All decisions made by us on matters relating to the Monthly Draw will be final and binding.
In addition to the Terms regarding acceptable use of the Services outlined above, you agree that you shall not, directly or indirectly:
You are free to delete your User Account, uninstall the App, and/or stop accessing the Services at any time.
If your account is terminated for violating these Terms or any of our other policies, you are not allowed to register for the Services again. If we take any of the actions described above, we will not be obliged to provide you with any refund or compensation for any paid services.
If you register for the Services we may send email communications and/or push notifications to you, either directly or through one of our partners, for customer service and to provide you with important updates and other information relating to the Services. You can turn push notifications on and off in your App settings. Parents of children under 13 who grant their child permission to use the app via the parent portal will receive email updates from us relating to the child’s activity in the app, until the point at which the child turns 13.
If you opt-in to join our mailing list, we may send further email communications to you, either directly or through one of our partners, for marketing and promotional purposes. You can unsubscribe from these communications at any time.
Any communications or materials (including, without limitation, any Video Uploads) you upload, post or send to us through the Services or by electronic mail or by any other means will NOT be treated as confidential (other than communications in respect of purchases). Please ensure that you only upload, post or send content where you fully intend to do so.
General access to the Services is free of charge. For App access you will require a device running either the iOS or Android operating systems and an internet connection. Access to the Coach Feedback service will require a computer or mobile device and an internet connection. You will be responsible for arranging your own Internet access. You are given free access to certain features, including the Pitch zone and User Profile within the App. Some limited features can be accessed without a registered account, however access to the full range of features requires registration. At this stage in our product development, all current services and communications will be provided in English language, regardless of the country where you are accessing the Services.
We will refresh, update and modify the Services from time to time. We cannot therefore guarantee that specific content will always be available.
We will use our reasonable endeavours to ensure that the App and the website where Coach Feedback services are offered are available 24/7 subject to scheduled and unscheduled downtime and interruptions beyond our control. Stock levels for the Coach Feedback service fluctuate and we do not guarantee that Coach Feedback from any particular Academy will be available for purchase at any particular time.
We may suspend, withdraw, discontinue or change the Services without notice and will not be liable to you if for any reason the Services are unavailable at any time or for any period. We may update and/or change the content, features and other goods or services offered in the Services at any time.
The Services are made available on an “as is” basis. We do not guarantee that the Services will be secure or free from bugs or viruses, so you should use your own virus protection software.
As between you and us, we are the owners or lawful licensees of all intellectual property rights in and relating to the Services and any communications or materials provided as part of the Services.
We grant to you a non-transferable, non-exclusive, revocable licence to use the Services subject always to compliance with these Terms and the documents referred to in it. Your right to use the Services is limited to personal use only.
Nothing in these Terms excludes or limits our liability for:
Under no circumstances are we liable for any consequential or indirect loss caused to you whether in contract, tort or statutory duty, and we have no liability to you for any direct or indirect loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
PLEASE NOTE THAT YOU ARE RESPONSIBLE FOR YOUR PARTICIPATION IN ANY OF THE CHALLENGES, SKILLS OR OTHER ACTIVITIES REFERRED TO ON THE SERVICES. YOU UNDERTAKE THEM ENTIRELY AT YOUR OWN (AND IN RESPECT OF A MINOR, YOUR PARENT OR GUARDIAN'S) RISK.
WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU WHILST USING THE SERVICES INCLUDING AS A RESULT OF THE UPLOAD OF ANY VIDEO EXCEPT AS A RESULT OF OUR NEGLIGENCE OR DELIBERATE DEFAULT.
WE WILL NOT BE LIABLE IN ANY WAY FOR ANY USER VIDEOS IN ANY CIRCUMSTANCES.
In respect of any Coach Feedback for which you have paid an additional service fee, our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms and/or your access and use of the Services, whether in contract, tort (including negligence) or otherwise shall not exceed the higher of: (a) £100; and (b) the amount paid by you for the Coach Feedback.
We may make changes to these Terms by giving not less than five days' prior written notice. Any use of the Services after the expiry of such notice period will be deemed acceptance by you of the revised terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
You may not transfer your rights under these Terms to a third party without our consent.
Should you have any complaints or issues regarding the Services, we would obviously like to resolve such matters directly with you; contact us at firstname.lastname@example.org with details of any concerns. We will investigate any and all issues thoroughly and engage with you as constructively as we can.
These Terms are governed by English law and any dispute will be heard before the English courts.
Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
For the purpose of this section, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
You acknowledge and agree that these Terms have been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact us at email@example.com.
In the event that the App does not conform with any product warranty provided for by these Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
In the event that a third party claims that the App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third party beneficiary.
Should you have any questions please contact us at firstname.lastname@example.org.