Effective Date: 31 October 2024
These terms apply to the following platforms operated by VIA Academy:
(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 hello@viaacademy.com.
We operate the QPR Virtual Academy 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”). The support email address for the QPR Virtual Academy is support@qpr.viaacademy.com.
We operate the Posh Virtual Academy on behalf of Peterborough United FC, a company registered in England and Wales under company number 290803 whose registered office is at Weston Homes Stadium, Peterborough, Cambs, PE28AL, United Kingdom and whose VAT number is 120167319 (“PUFC” or “Posh”). The support email address for the Posh Virtual Academy is support@pufc.viaacademy.com.
These Terms describe how you may download, access and use the Services, including paid features and prize draws, as well as the terms on which we supply the Services to you. Please read these Terms together with our Website Terms, Community Rules, and Privacy Policy.
By using the Services you are deemed to have agreed to these Terms. If you choose to purchase any paid features, the purchaser (aged over 18) will also 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 any paid features is set out on the relevant pages/screens where such features are purchased.
Please note that all training, feedback and other content, information and/or advice provided within the Services 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.
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.
Please also note that you will be responsible for managing your child’s activities in relation to the Services 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 Services by the child (and any collection/use of the child’s data as part of his/her use of the Services) is on the terms of our Privacy Policy.
If your child is aged under 13 years old, you must give your child permission to access any features that require the collection or processing of the child’s personal data.
With regard to the VIA Academy App and VIA Academy Coach Feedback, you may grant your child permission to access such features using the KidsWebServices “parent portal”. You will be prompted 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. You will also receive relevant emails from us pertaining to your child’s activity on the Services (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.
The QPR Virtual Academy, and Posh Virtual Academy are only available to children aged over 13 years old. If you wish to allow your child to use these Services you will need to access them on behalf of your child using your own User Account.
When you use the Services we may collect and use your personal data (and the personal data of any child who is using the Services with your permission). Please also refer to our Privacy Policy which explains how all information collected through your use of the Services may be used and shared. You must agree to the Privacy Policy in order to use the Services. All data generated by your use of the Services (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.
While some features are available without an account, access to the full range of features will require you to create and log-in to your VIA Academy user account (“User Account”).
For VIA Academy Coach Feedback, the QPR Virtual Academy, and the Posh Virtual Academy, you must be aged over 13 years old to create a User Account. For the VIA Academy App, children aged under 13 years old may create a user Account provided the child’s parent has granted permission using the KidsWebServices “parent portal”.
When you create a User Account you are required to provide certain information to us, including your date of birth, email address and password or log-in credentials from a social provider (Facebook, Google, Apple, or Club account e.g. QPR Club account or Posh account). If you register via a social provider we will also receive certain personal information about you from the social provider including your first and last name, email address and profile photo. We will use this information to create your User Account. It is your responsibility to ensure that your date of birth and account information is up to date, accurate and complete.
You must treat your User Account credentials as confidential and you must not disclose them to any third party. You are responsible for any unauthorised use of your User Account credentials. If you know or suspect that anyone other than you is using your User Account credentials to access the Services, you must immediately notify us at hello@viaacademy.com or via the support email for the relevant platform (QPR Virtual Academy: support@qpr.viaacademy.com, Posh Virtual Academy: support@pufc.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 Services if we have previously disabled your User Account for violation of law or any of our policies.
If you register via the VIA Academy App, you will also be asked to create a User Profile. 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”). 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 comply with the Content Standards outlined in these Terms.
Academy Feedback is available on the following platforms: VIA Academy Coach Feedback (where it is called “Coach Feedback”), QPR Virtual Academy, and Posh Virtual Academy.
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 an Academy Coach (“Feedback Video”). It is a pay-per-use feature requiring the payment of a fee.
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 under 18 years old, your parent or guardian will be required to complete the purchase on your behalf.
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.
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 Academy Coaches. You must not submit videos for any other purposes.
Your Video Submissions must comply with the Content Standards and all other standards set out in these Terms, our Community Rules, our Privacy Policy and our other policies.
Your Feedback Video will be provided within the platform where you purchased the Academy Feedback. You must be logged-in to the relevant platform using the account credentials 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 User Account email address. In the case of children aged under 13 years who are accessing Academy Feedback via the VIA Academy Coach Feedback platform, notification will be sent to the parental 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 us at hello@viaacademy.com or via the support email for the relevant platform (QPR Virtual Academy: support@qpr.viaacademy.com, Posh Virtual Academy: support@pufc.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.
We will reimburse you for any fees paid by you for Academy Feedback, with credits or a refund in our sole discretion (subject to any applicable law), if:
The Coach Feedback prize draw (the “Monthly Draw”) is offered on the VIA Academy Coach Feedback platform. 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 Academy Feedback on the video that was submitted in their Prize Draw entry (the “Prize”). The Academy coach allocated to provide the Academy 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. The Prize will be available at feedback.viaacademy.com. The Winner will be required to log in to VIA Academy Coach Feedback in order to access the Prize.
Winners will be notified in the VIA Academy App via in-app notification, push notification (if push notifications are enabled on your device) and email (via the email address associated with your User Account. 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 are not responsible for technical malfunctions, lost or unavailable network connections, failed uploads or other technical problems related to entries. Any entry which in our determination does not comply with these Terms, our Community Rules, our Privacy Policy or any of our other policies may be deemed invalid at our sole discretion. If a winning entry is subsequently deemed to be invalid, we reserve the right to refuse to provide the Prize.
Any user who enters or attempts to enter a Prize Draw in a manner which in our determination does not comply with these Terms, our Community Rules, our Privacy Policy or any of our other policies, or by its nature is fraudulent or unjust to other entrants, including without limitation tampering with the operation of the Monthly Draw, cheating, hacking, deception or any other unfair practices such as creating multiple user accounts or duplicate entries, may be disqualified from a Prize Draw and/or the Monthly Draw at our sole discretion.
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.
The Pro Membership is offered on the following platforms: QPR Virtual Academy, and Posh Virtual Academy.
The Pro Membership is a subscription feature requiring the payment of a monthly or yearly fee.
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.
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 the support email for the relevant platform where you purchased the Pro Membership (QPR Virtual Academy: support@qpr.viaacademy.com, Posh Virtual Academy: support@pufc.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.
We will reimburse you for any fees paid by you for the Pro Membership, with credits or a refund in our sole discretion (subject to any applicable law), if:
The "Academy Intelligence Coach” (“AI Coach”) is offered on the following platforms: QPR Virtual Academy, and Posh Virtual Academy.
The AI Coach is an AI tool that answers questions related to training videos. It is a question-and-answer system where users can ask questions and receive an instantaneous response. Importantly, the AI Coach is not a human coach. The prompts and responses provided by the AI Coach (“AI Coach Outputs”) are generated by an AI language model. They are synthesised from data provided by the relevant Academy.
The AI Coach is designed to supplement the instructions and advice provided by the Academy coaches in the video. It will provide responses to football training questions related to the specific training video the user is currently watching. It will not provide responses if the user input is deemed to be inappropriate, not about football training, and/or not related to the relevant training video.
The AI Coach Outputs are created by an AI language model and are intended to provide general information only. We are working to improve the accuracy and quality of the AI Coach Outputs; however, AI-generated content is experimental and not perfect. The AI Coach Outputs may contain errors, inaccuracies, inconsistencies, and may not always reflect the latest developments or expert opinions.
The AI Coach Tool is not a professional football coach and the the AI Coach Outputs should not be considered as professional or personalised advice. We recommend you exercise caution and judgement when using any AI technology, and we encourage you to seek professional guidance and verify the information independently before taking any actions or making any decisions based on AI-generated information. You agree to use the AI Coach responsibly and at your own risk. Subject to applicable laws, we disclaim any and all liability arising out of your use of the AI Coach. We shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from or connected to the use of the AI Coach. We disclaim any responsibility for the consequences of decisions made or actions taken based on the AI Coach.
When you use the “Ask my own question” feature of the AI Coach, we will collect and process the information that you submit (“User Inputs”). All User Input/AI Coach Output pairs will be stored in an anonymised form. As part of our ongoing efforts to improve the AI Coach and to ensure the safe and responsible use of the tool, User Inputs may undergo human review including for the purposes of accuracy-checking and expanding the knowledge base of the AI Coach.
The AI Coach is not designed to collect personal data and we recommend that you do not submit personal data to the AI Coach. The AI Coach will not be trained on any User Inputs (including any User Inputs containing personal data). For more information about how we collect and use your data via the AI Coach, please see our Privacy Policy.
The Pitch is available on the VIA Academy App.
As a registered user you can create, upload and/or post videos and video descriptions to and via the Pitch (“Pitch Videos”). Your Pitch 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 Pitch Videos via the Services and, (provided you are over 13) post your own PitchVideos to third party apps/platforms via the Services (e.g. TikTok, Instagram, Facebook, YouTube, Twitter).
Pitch Videos 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 Pitch Videos to or via the Services for any other purposes, including to do or encourage anything illegal, or to promote goods or services.
We do not approve, endorse or verify the content in any Pitch Videos uploaded or posted to or via the Services, or downloaded via the Services. The views expressed in any Pitch Videos uploaded or posted to or via the Services, or downloaded via the Services, do not represent our views or values.
Whenever you upload or post Pitch Videos you must comply with the Content Standards and all other standards set out in these Terms, our Community Rules, our Privacy Policy, our Website T&Cs and our other policies. If you choose to post Pitch via the Services to third party apps/platforms, you must also comply with the content guidelines of those apps/platforms.
You hereby warrant and confirm that any User Videos that you upload or post to or via the Services do comply with the standards set out in these Terms, Community Rules, our Privacy Policy, our Website T&Cs and our other policies, and the standards of any connected apps/platforms to which you upload or post, 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.
Users aged over 13 years old can be followed by both Academies and other VIA Academy App users. If you are over 13 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 VIA Academy 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.
This section applies to any user submission of video, image and/or text content, including User Account information, User Profile Information, Pitch Videos, Video Submissions submitted for Academy Feedback, responses to interactive activities including surveys, polls and questions, User Inputs submitted to the AI Coach, and any other content submitted by users to or via the Services (together, “User Content”).
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.
User Content must not feature another person who is not yourself unless that person knows and has given you permission to feature them in your User Content, even if they are in the background. User Content 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 User Content. You will be responsible for any consequences if you don’t have the necessary permissions and consents. User Content should never contain images or footage of a person under 13 years old, unless that person is yourself and you have posted the User Content using your own registered account, with the requisite parental permission.
User Content, and any audio, images, text, logos, names or trademarks contained in your User Content, must be your own, or you must have permission from the person who owns that content before you upload or post the User Content to or via the Services. You warrant to us that the User Content belongs to you, and/or that you have received all of the necessary permissions to use, upload and/or post the User Content 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 User Content (including the footage or audio track in any video that you upload or post to or via the Services), 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 Content, 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 User Content. 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.
Your User Content must comply with the standards set out in these Terms, our Website T&Cs, our Privacy Policy and our Community Rules. You hereby warrant and confirm that any User Content you submit does comply with such standards and the standards of any connected apps/platforms to which you upload or post the User Content via the Services, 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, our Community Rules 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:
We also have the right to, but are not required to, temporarily or permanently hide or remove any User Content, 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 profanities, explicit nudity, suggestive situations, sexual content, violence, threats, harassment or abuse, graphic or disturbing content, rude gestures, insults, drugs, tobacco alcohol, gambling or hate speech 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 or post to or via, the Services, and we are not responsible for any content uploaded or posted by you or someone else to or via the Services. If you believe that content on the Services breaches these Terms, our Website T&Cs, our Community Rules, our Privacy Policy or the law, then please report the issue to us using the VIA Academy App in-app reporting functions, our VIA Academy Customer Portal, or by contacting us at hello@viaacademy.com or the at the support email for the relevant platform (QPR Virtual Academy: support@qpr.viaacademy.com, Posh Virtual Academy: support@pufc.viaacademy.com).
In addition to the Terms regarding acceptable use of the Services outlined above, you agree that you shall not, directly or indirectly:
The above restrictions on acceptable use apply to all of the platforms within the Services and to their features including but not limited to the Pitch, Academy Insights, Academy Training, Academy Feedback, Coach Feedback, the Monthly Draw, the PRO Membership and the AI Coach.
You are free to delete your User Account, uninstall the VIA Academy App, and/or stop accessing the Services at any time.
If in our opinion we believe that you have breached these Terms, our Community Rules, our Website T&Cs, our Privacy Policy or any of our policies, 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:
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 Services again.
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. 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 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 VIA Academy App access you will require a device running either the iOS or Android operating systems and an internet connection. For all other Services 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 without a User Account, however full access to the Services requires you to create and log-in with a User Account.
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 Services are 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.
Except as provided elsewhere in these Terms, we may suspend, withdraw, discontinue, update and/or change certain features, content and other goods or services within the Services at any time and without notice, and will not be liable to you if for any reason the Services are unavailable at any time or for any period.
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.
The Services 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 Services and will not be liable for any loss or damage that may arise from your use of them.
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.
For rights in relation to Coach Feedback, please refer to that section above. You will continue to own the rights in any Video Uploads and User Profile Information, but you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable worldwide licence to use, host, distribute, display, and share any content you upload, post or share with us (eg. photo and video content as well as any other data, ideas, suggestions or other information), (consistent with your privacy and application settings), for any purpose we deem fit relating to the business, including, without limitation, the development of the Services and for marketing and promotional purposes. You hereby confirm that you will have and/or give us any consents, permissions and authorities which we require under any applicable law, including those relating to privacy, to use any content or data provided by you in such a way. 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, you confirm that we have all such privacy consents, permissions and authorities which we require to use your data as set out in these Terms.
If you believe that something on the Services breaches your copyright, please complete this form.
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 ACTIVITIES REFERRED TO IN 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 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 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 paid features for the subscription period in which the liability arose.
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 with details of any concerns at hello@viaacademy.com or at the support address associated with the relevant platform (QPR Virtual Academy: support@qpr.viaacademy.com, Posh Virtual Academy: support@pufc.viaacademy.com). 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 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 or at the support address associated with the relevant platform (QPR Virtual Academy: support@qpr.viaacademy.com, Posh Virtual Academy: support@pufc.viaacademy.com).