Virtual Academy

Terms & Conditions

Version 1. Effective Date: 21 June 2024

Introduction

These Terms apply to the QPR Virtual Academy website at https://qpr.viaacademy.com and its subdomains (“Virtual Academy”).  The Virtual Academy is operated 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 support@qpr.viaacademy.com, on behalf of Queens Park Rangers Football & Athletic Club Ltd a company registered in England and Wales under company number 60094 whose registered office is at Loftus Road, South Africa Road, London, W12 7PJ, United Kingdom and whose VAT number is 677979738. (“QPR”).

These Terms describe how you may access and use the Virtual Academy, including the paid features (Academy Feedback and Pro Membership, together “Paid Features”) as well as the terms on which we supply the Virtual Academy and the Paid Features to you. Please read these Terms together with our Website T&Cs and Privacy Policy.

By using the Virtual Academy you are deemed to have agreed to these Terms. If you choose to purchase Paid Features, the purchaser (aged over 18) will be required to agree to these Terms prior to purchase.

A full description of the amount and type of content, features and other services that will be provided as part of the Paid Features is set out on the relevant pages within the Virtual Academy where such features are purchased.

Please note that all Academy Training videos, Academy Feedback, as well as any other content provided within the Virtual Academy 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.

Notice to Parents of Minors

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 Virtual Academy.

Please also note that you will be responsible for managing your child’s activities in relation to the Virtual Academy and that your child may send/provide to us personal data. You as the parent of the child accept and agree that any use of the Virtual Academy by the child (and any collection/use of the child’s data as part of his/her use of the Virtual Academy) is on the terms of our Privacy Policy.

If your child is aged under 13 years old, your child will not be permitted to create a Virtual Academy account and/or to access any features that require the collection or processing of the child’s personal data, including Academy Feedback and the Pro Membership. If you wish to allow your child to use those features, you will need to access those features on behalf of your child using your own Virtual Academy account.

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Data & Privacy

When you use the Virtual Academy 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 Virtual Academy may be used and shared. You must agree to the Privacy Policy in order to use the Virtual Academy. All data generated by your use of the Virtual Academy (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, except in order to provide our service as set out in our Privacy Policy.

Creating a Virtual Academy account

In order to access the full features of the Virtual Academy, users will be required to create a Virtual Academy account by logging-in with your Facebook, Google, Apple or QPR Club account credentials, and to provide certain information to us, including your date of birth. You are responsible for the accuracy of the date of birth and credentials you provide.

When you log-in we will receive certain personal information about you from the organisation you choose to log-in with (Facebook, Google, Apple or QPR), including your first and last name and email address (“Account Information”) and we will use this information to create your Virtual Academy account (“User Account”). It is your responsibility to ensure that your Account Information Information is up to date, accurate and complete.

You must treat your Virtual Academy login details as confidential and you must not disclose them to any third party. You are responsible for any unauthorised use of your Virtual Academy login details. If you know or suspect that anyone other than you is using your Virtual Academy login details to access the Virtual Academy, you must immediately notify us at support@qpr.viaacademy.com.

We have the right to disable any User Accounts 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 Website T&Cs and Privacy Policy. You cannot use the Virtual Academy if we have previously disabled your User Account for violation of law or any of our policies.

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Academy Feedback

The Academy Feedback feature allows you to submit your own football videos (“Video Submissions”) in order to be analysed by and receive a feedback video from a QPR Academy Coach (“Feedback Video”).

Academy Feedback is for players of all ages, however you need to be at least 18 years old to purchase it. If you are aged between 13-18 years old, your parent or guardian will be required to complete the purchase on your behalf. Children under 13 are not permitted to purchase Academy Feedback. If you are aged under 13, your parent/guardian must purchase Academy Feedback on your behalf from their own (parent/guardian’s) Virtual Academy account.

When creating Academy Feedback, the coach may elect to use and rely on your Video Submissions, any past Academy Feedback purchased by you and the Video Submissions contained therein, and any player information submitted as part of your purchase including the player’s name, age, position, identifiers, and improvement points.

It is your responsibility to ensure that the information and Video Submissions you provide are complete, up to date and accurate. If you are a parent/guardian purchasing Academy Feedback on behalf of your child, please ensure that you enter your child’s player information.

The provision of Academy Feedback relies on the quality of your Video Submissions. There are certain technical and quality requirements that must be met in order for you to submit Video Submissions. These requirements will be communicated to you at the point of upload. It is your responsibility to ensure that you have submitted the correct video and that the technical requirements and quality standards are met. If we discover that one or more of your Video Submissions is poor quality due to problems with the file or the upload process, if the coach cannot identify you in the video, or if there is any other problem with your video submission, we will contact you by email (at your registered account email address) to resolve the issue.

Your Feedback Video will be provided within the Virtual Academy ‘Feedback’ tab. You must be logged-in to the account that you used to purchase Academy Feedback in order to access your Feedback Video. You will be notified that your Feedback Video is available via email to your account email address. You are responsible for ensuring that emails sent by us are not blocked or filtered by your email provider. If you believe that you are not receiving email communications from us pertaining to your Academy Feedback, please send us a WhatsApp at +44 7311345970.

Academy 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 your Feedback Video, please contact support@qpr.viaacademy.com.

Your Feedback Video (being content excluding your Video Submission) belongs to us and/or the relevant club and/or coach. Your Feedback Video 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 your Feedback Video 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.  If you choose to post your Feedback Videos to third party apps/platforms, you must comply with the content guidelines of those apps/platforms.

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Pro Memberships

You must be at least 18 years old to purchase a Pro Membership subscription. If you are under 18 years of age, your parent or legal guardian of at least 18 years of age must purchase the Pro Membership on your behalf.

Children under 13 cannot purchase or access a Pro Membership. If you’re aged under 13, your parent/guardian must purchase the Pro Membership from the parent/guardian’s Virtual Academy account and any access to the Pro Membership will be provided via the parent/guardian’s Virtual Academy account only.

Pro Memberships are available on a monthly or yearly basis. You will be provided access to the Pro Membership for the relevant period once your subscription payment for the relevant period has been verified. All users will be offered a 7-day free trial to the Pro Membership. When commencing a free trial, users will be required to select a subscription period (monthly or yearly) and to enter their payment details. If the free trial is not cancelled within 7 days, the relevant subscription (monthly or yearly) will automatically commence and the payment will be charged accordingly. All Pro Memberships (including free trials, monthly or yearly subscriptions) can be cancelled at any time from your Account Settings or by contacting us at support@qpr.viaacademy.com. You will continue to have access to the Pro Membership until the end of your subscription period.

All communications regarding your Pro Membership will be sent to the purchaser’s email address entered upon purchase. You are responsible for ensuring that the purchaser email address provided is correct, and that emails sent by us are not blocked or filtered by your email provider. If you believe that you are not receiving email communications from us pertaining to your Pro Membership, please send us a WhatsApp at +44 7311345970.

Reimbursement (Paid Features)

We will reimburse you for any fees paid by you for Paid Features including Academy Feedback and the Pro Membership subscription, with credits or a refund in our sole discretion (subject to any applicable law), if:

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Content Standards

Within the Virtual Academy users over 13 will have the opportunity to submit video and text content, including submitting Video Submissions for Academy Feedback and written responses to surveys, polls and questions (together, “User Content”).

Any Video Submissions you submit for Academy Feedback 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. Academy Feedback is designed for you to receive personalised feedback and analysis on your football videos from QPR Academy Coaches. You must not submit videos for any other purposes.

Your Video Submissions should 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. Video Submissions must not contain another person’s private information, or contain footage, audio 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 submit it. You will be responsible for any consequences if you don’t have the necessary permissions and consents.

Your Video Submissions should never contain footage of a person under 13 years old, unless that person is your child or you have received permission from the child’s parent.

Your User Content must not contain any pictures, text, audio or other content that contains profanities, nudity, suggestive or sexual content, violence, threats, harassment or abuse, graphic or disturbing content, rude gestures, insults, drugs, tobacco, alcohol, gambling, hate speech or hate symbols, or that is toxic, unkind, rude, offensive, racist, sexist or otherwise inappropriate, as deemed by us.

Your User Content must comply with the standards set out in these Terms, our Website T&Cs and our Privacy Policy. You hereby warrant and confirm that any User Content you submit does comply with the standards set out in these Terms, Website T&Cs and our Privacy Policy, 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 if you are in breach of this obligation.

If in our opinion your User Content does nor, or may not, comply with these Terms, Website T&Cs or our Privacy Policy, or if we are permitted or required to do so by law, or in response to complaints from third parties, we reserve the right, at our sole discretion and with or without any notice, and without any liability to you to:

Whether or not a refund is provided in such circumstances will be determined by us in our sole discretion.

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Acceptable Use

In addition to the Terms regarding acceptable use of the Virtual Academy outlined above, you agree that you shall not, directly or indirectly:

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Suspension and Termination

You are free to delete your User Account and/or stop accessing the Virtual Academy at any time.

If in our opinion we believe that you have breached these Terms, Website T&Cs or our Privacy Policy, or are 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:

  1. suspend or terminate your access to the Virtual Academy
  2. stop providing all or part of the Virtual Academy to you, including any Paid Feature(s);
  3. disable or terminate your User Account with immediate effect;
  4. temporarily or permanently hide or remove any content provided by you;
  5. ask you to re-submit any content;
  6. issue you with a warning;
  7. take further legal action as we see fit; and/or
  8. at our discretion notify relevant authorities.

If we take any of the actions described above, we will not be obliged to provide you with any refund or compensation.

If your account is terminated for violating these Terms or any of our other policies, you are not allowed to log-in to the Virtual Academy 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 Features.

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Communications

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 Virtual Academy. 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 Submissions or other User Content) you upload, post or send to us through the Virtual Academy 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.

Access to the Virtual Academy

General access to the Virtual Academy is free of charge. You 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 Insights feed and a limited number of Academy Training videos, however full access to the Virtual Academy requires you to log-in using your QPR Club account credentials.

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 Virtual Academy.

We will refresh, update and modify the Virtual Academy 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 Virtual Academy is available 24/7 subject to scheduled and unscheduled downtime and interruptions beyond our control.

Stock levels for Academy Feedback fluctuate and we do not guarantee that Academy Feedback will be available for purchase at any particular time.

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Viruses

The Virtual Academy is made available on an “as is” basis. We do not guarantee that the Virtual Academy will be secure or free from bugs or viruses, so you should use your own virus protection software.

Our Intellectual Property

As between you and us, we are the owners or lawful licensees of all intellectual property rights in and relating to the Virtual Academy and any communications or materials provided as part of the Virtual Academy.

We grant to you a non-transferable, non-exclusive, revocable licence to use the Virtual Academy subject always to compliance with these Terms and the documents referred to in it. Your right to use the Virtual Academy is limited to personal use only.

Third Party Links

The Virtual Academy 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 Virtual Academy and will not be liable for any loss or damage that may arise from your use of them.

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Our Liability

Nothing in these Terms excludes or limits our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation; and
  3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

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 ACTIVITIES REFERRED TO ON THE VIRTUAL ACADEMY. 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 VIRTUAL ACADEMY EXCEPT AS A RESULT OF OUR NEGLIGENCE OR DELIBERATE DEFAULT.

In respect of any Paid Features, 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 Virtual Academy, 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 Paid Features for the subscription period in which the liability arose.

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Changes to these Terms

We may make changes to these Terms by giving not less than five days' prior written notice. Any use of the Virtual Academy after the expiry of such notice period will be deemed acceptance by you of the revised terms.

Other important information

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.

Transfer

You may not transfer your rights under these Terms to a third party without our consent.

Complaints

Should you have any complaints or issues regarding the Services, we would obviously like to resolve such matters directly with you; contact us at support@qpr.viaacademy.com with details of any concerns.  We will investigate any and all issues thoroughly and  engage with you as constructively as we can.

Governing Law and Jurisdiction

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.

Contact Us

Should you have any questions please contact us at support@qpr.viaacademy.com.