Via Academy (the “App”) is 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 hello@viaacademy.com.
These Terms describe how you may download, access and use the App, including the purchase of any services by you via the App, as well as the terms on which we supply the App and the services to you. Please read these Terms together with our Community Rules and Privacy Policy. You must read and agree to these Terms before you can register for and use the App.
You must be at least 13 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, 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 App.
If your child is aged under 13 years old, you must also give your child permission to register for the App, and to use certain App 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 App and use the app as a registered user, we may collect and use your personal data. Please also refer to our Privacy Policy which explains how all information collected through your use of the App may be used and shared. You must agree to the Privacy Policy in order to register for the App. All data generated by your use of the App (but not including content uploaded or contributed by you) belongs to us. We will not sell or share any of your data to third parties.
When you register to use the App 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 hello@viaacademy.com
We have the right to disable any User Accounts and/or passwords, at any time, if in our reasonable opinion you have breached these Terms or other policies regarding quality standards or standards of conduct, including our Community Rules and Privacy Policy. You cannot use the App if we have previously disabled your account for violation of law or any of our policies.
When you create a User Profile within the App, 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”). You will also have the opportunity to edit your User Profile Information within the App. 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 to the app, 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.
If 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 post videos and video descriptions to and via the app (“User Videos”). As part of the video creation process, your videos and video descriptions will be combined with sound recordings from the VIA Academy music library (“VIA Music”).
As a registered user you are also permitted to download your own User Videos via the App, and (provided you are over 13) post your own User Videos to third party apps/platforms via the App (e.g. TikTok, Instagram, Facebook, YouTube, Twitter). When you download/post your own User Videos via the App, your User Videos may also be combined with the VIA Music and visual elements from VIA Academy including the VIA Academy logo.
Whenever you upload or post User Videos to or via the App you must comply with the standards set out in these Terms, our Community Rules and our other policies. If you choose to post User Videos via the app to third party apps/platforms, you must also comply with the content guidelines of those apps/platforms.
You hereby warrant that any User Videos that you post to or via the App do comply with these standards and the standards of any connected apps/platforms, and you agree that you will be liable to us and indemnify us for any breach of this warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
We do not approve, endorse or verify the content in any User Videos posted to or via the app, or downloaded via the app. The views expressed by app users on the app, including in any User Videos posted to or via the app, or downloaded via the app, do not represent our views or values.
User Videos posted to or via the app must be in the nature of football videos that show you demonstrating a football skill, drill, exercise, trick or move. The Pitch is designed for you to show off your talent and compete, connect and interact with professional football Academies and other footballers. You must not post User Videos to or via the app for any other purposes, including to do or encourage anything illegal, or to promote goods or services.
User Videos posted to or via the app 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 posted to or via the app 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 hereby warrant to us that you have the necessary permission and consent from anyone included in your video before you upload it. 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 post the User Video to or via the app. 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 post the User Videos to or via the app. 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.
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 a video. It is your responsibility to ensure that you have submitted the correct video and that the technical requirements and quality standards are met.
We reserve the right to refuse to post your User Videos, at our sole discretion, if in our opinion your User Video does nor, or may not, comply with these Terms, our Community Rules or our other policies, or if we are permitted or required to do so by law. We also reserve the right temporarily or permanently hide or remove any User Videos from the app, and/or to temporarily or permanently suspend any User Account, with or without any notice and without any liability to you. 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.
Although we have processes in place to remove unlawful and objectionable content, we do not control and are not responsible for what you or other people do on, or upload to, the App, and we are not responsible for any content uploaded by you or someone else to the App. If you believe that content on the App breaches these Terms, our Community Rules, our other policies, or the law, then please file an in-app report or contact us at hello@viaacademy.com.
In addition to the Terms regarding acceptable use of the App outlined above, you agree that you shall not, directly or indirectly:
You are free to delete the App at any time.
If in our opinion we believe that you have breached these Terms, our Community Rules, or any of our policies, or is infringing (or likely to infringe) any third party rights, or where we are permitted or required to do so by law, we reserve the right to temporarily or permanently take the following actions with or without notice to you:
If your account is terminated for violating these Terms or any of our other policies, you are not allowed to use VIA Academy again.
If you register for the App we may send email communications and/or push notifications to you, either directly or through one of our partners, for customer service, to provide you with updates and other information relating to the App. You can turn 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 or the parent unsubscribes.
General access to the App is free of charge through devices running either the iOS or Android operating systems; you will be responsible for arranging your own Internet access. You are given free access to certain features within the App, including the Pitch zone and User Profile. Some limited features can be accessed without a registered account, however access to the full range of App features requires registration. At this stage in our product development, all current App services and communications will be provided in English language, regardless of the country where you are accessing the App.
We will refresh, update and modify the App 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 is available 24/7 subject to scheduled and unscheduled downtime and interruptions beyond our control.
We may suspend, withdraw, discontinue or change the App without notice and will not be liable to you if for any reason the App is unavailable at any time or for any period. We may update and/or change the content, features and other services in the App at any time.
The App is made available on an “as is” basis. We do not guarantee that the App will be secure or free from bugs or viruses, so you should use your own virus protection software.
In order to use the App, we grant to you a non-transferable, non-exclusive, revocable licence to use the App on your device subject always to compliance with these Terms and the documents referred to in it. Your right to use the App is limited to personal use only.
The App may from time-to-time contain links to third party apps, platforms or sites for which we are not liable. Please read the terms of use of such apps, platforms or sites for yourself. We assume no responsibility for the content of third party apps, platforms or sites linked to from the App and will not be liable for any loss or damage that may arise from your use of them.
Any communications or materials (including, without limitation, any Video Uploads) you send to us through the App 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 post content where you fully intend to do so.
We are the owners or lawful licensees of all intellectual property rights in and relating to the App, the VIA Music and the VIA Academy logos.
You will continue to own all rights in any Video Uploads and User Profile Information. When you upload, post or share with us any content (e.g. photos and videos as well as any data), you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable worldwide licence to host, distribute, display, and share your content (consistent with your privacy and application settings) on the basis set out in these Terms, including, without limitation, the development of the App and for marketing and promotional purposes. This licence ends when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. By agreeing to our Privacy Policy when you set up a Registered Account, you confirm that we have all such consents, permissions and authorities which we require to use your data as set out in these Terms.
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 APP. 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 AS A RESULT OF YOUR NEGLIGENCE WHILST USING THE APP.
WE WILL NOT BE LIABLE IN ANY WAY FOR ANY USER VIDEOS IN ANY CIRCUMSTANCES.
We may make changes to these Terms by giving not less than five days' prior written notice. Any use of the App 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 App or our service, we would obviously like to resolve such matters directly with you; contact us at hello@viaacademy.com with details of any concerns. We will investigate any and all issues thoroughly and engage with you as constructively as we can. Please note however that as a multi-user platform, we cannot always resolve issues to the satisfaction of individuals, and therefore your ultimate right is always to stop using the App should you not agree with our ruling in any particular case.
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 hello@viaacademy.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 hello@viaacademy.com.
Last updated: 27 February 2023