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Website Terms of Use

TERMS OF PROVIDING SERVICES OF FOOTBALL ACADEMY GROUP SCHOOLS

BY ELECTRONIC MEANS

These Terms of providing services of FA website by electronic means are compliant with the requirements of the Act of 18 July 2002 on providing services by electronic means (i.e., Journal of Laws [Dz. U.] of 2019 Item 123 as amended), and the Act of 30 May 2014 on consumer’s rights (i.e., Journal of Laws [ Dz. U.] of 2019 Item as amended) and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L of 2016 No. 119, p.1 as amended).

§1

General provisions

The Internet service operating under the following website footballacademy.pl (hereinafter referred to as: the “Website” or “FA Website”), is conducted by Football Academy Group with its registered office in Opole, ul. Kowalska 2, 45-590 Opole, entered into the National Court Register kept by the District Court in Opole, 8^th Commercial Division of the National Court Register under the following KRS number: 0000374155, NIP [Tax Identification Number]: 7543031623, REGON [National Official Business Register Number]: 160381469 (hereinafter referred to as the “Foundation” or “Service Provider”).
The address data of the Foundation allowing the Client or the User a contact with the Service Provider:
1. telephone and/or fax number: +48 500 200 490;
2. e-mail address: info@footballacademy.pl.

§2

Definitions

For the purposes of these Terms, words below take the following meaning:

Personal data – data identifying the User as well as data identifying the Player provided by the User accordingly when creating accounts on the Website and when enrolling on to the trial classes or soccer school, including but not limited to the name and surname, address of residence, e-mail address, Internet ID, telephone number, data describing physical traits, data related to the health condition.
FA – hereinafter referred to also as the “Football Academy Foundation” or “Organiser” - Football Academy Group Foundation with its registered office in Opole, ul. Kowalska 2, 45-590 Opole, Poland.
Privacy Policy – document called Information Clause is compliant with FA’s responsibility as the Controller of the personal data in regard to informing about personal data processing, following the requirements of Art. 14, 15 and 16 GDPR; the respective information clauses are available at: https://www.footballacademy.pl/politykaprywatnosci-szkola-pilkarska.
Terms – these Terms of providing services by electronic means.
GDPR – Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L of 2016 No. 119, p.1 as amended)
FA Website – www.footballacademy.pl website Football Academy Foundation uses to provide services by electronic means covered by these Terms.
Telecommunication system – system of IT devices and software working together, ensuring data processing and storage as well as its transfer and receipt through telecommunication network by the end user device adequate for the respective type of telecommunication network.
Electronic communication means – technical solutions, including telecommunication devices and programme tools that work with them, allowing for individual distant communication via data transfer between telecommunication systems, in particular, e-mail.
Contract – contract between Football Academy for providing services by electronic means that covers, in particular, creating and conducting a User’s account on the Website, enrolling on-line on to trial classes and/or soccer school. These Terms constitute an integral part of the Contract.
Providing services by electronic means – (on-line) providing a service without presence of the Parties (distant service) through data transfer, upon individual request of the Client, that is sent and collected by devices for electronic processing, including digital compression, and data storage all of which is fully sent, collected or transferred through telecommunication network.
Act – Act of 18.07.2002 on providing services by electronic means (i.e. Journal of Laws [Dz. U.] of 2019 Item 123 as amended).
Authentication – confirmation of the User ID to establish the Service account and ensure their security.

- User - FA Website’s User is a person interested in the Website services that has been registered on the Website and established an account. A FA Website User is always a parent or legal guardian of a child who is to be enrolled (even for a trial) or attend soccer school classes. The User is also called a Client or Guardian.
- Distant contract – contract concluded with a consumer as part of the arranged system of concluding distance contracts without physical presence of the parties, using exclusively one or more number of distant communication measures, including the moment of concluding a contract.
- Student – child from ages 4 to 12 enrolled on to FA football school and participant of such school, hereinafter referred to also as the “student”.

§3
Type and scope of services provided by electronic means

FA Website is a tool that serves as electronic system of concluding contracts and agreements between the Foundation and the Guardians and for monitoring the services provided by the Foundation related to the football schools at the territory of the Republic of Poland for children at the age of 4 to 12.
As part of FA Website, the Service Provider offers the following types and scope of services provided by electronic means:
1. establishing an account on the Website,
2. concluding contracts on the Website in regard to the attendance of a FA soccer school centre by the Client’s children,
3. sending the ordered trade information about the FA Website.
The Client is obliged to use the Website in line with legal regulations and good manners as well as respect personal rights and copyright of the third parties.
Technical conditions required to use the Website:
1. tool that allows for browsing Internet websites,
2. keyboard or other device allowing for proper fill-in of electronic forms,
3. e-mail address,
4. browser:
  - Internet Explorer
  - Chrome
  - Firefox
  - Opera,
  - other,
5. the service “cookies” accepted.
The Service Provider will acknowledge conclusion of a distance contract for providing services by electronic means to the Client at durable media (by sending to the e-mail address provided by the Client upon registration) in a reasonable time after signing the contract, at latest upon commencing the cooperation, after creating an account on the Website. The abovementioned acknowledgement exhausts towards the User the obligation as referred to in Art. 21 of the Act of 30.5.2014 on consumer’s rights (i.e., Journal of Laws [Dz.U.] of 2017 Item 683).

§4
Registration on the Website

In order to use the FA Website you have to first register on the Website in the registration window creating an individual account of the User to start cooperation by giving at least the following data:
- User’s name and surname,
- Telephone number,
- E-mail address,
- Password,
In terms of creating an account, activity on the account and conclusion of a contract via the Website, FA Website is to be used exclusively by adults (i.e., person who at the moment of registration on the Website is 18 years old)
The parent or legal guardian of the Player, after registering on the Website, can establish an additional account (subaccount) for the Player:

1) giving the required personal data of the Player, that is:

a) Student’s name and surname,

b) Student’s date of birth,

c) Student ‘s sex.

2) establishing a password for logging into the account (sub-account) of the Player.

The data provided upon registration and creating an account or sub-account must be true. In the event of any change to the data, the User must immediately update the same by logging into the account and introduce and confirm such change. The Service Provider reserves the right to resign from cooperation or stop cooperation in the event that the data delivered by the Client is not true or is obsolete.
The User holds full control over the account (sub-account) of the Player ascribed to their account by full access to the activities taken on the account, he can edit them without limitations and make any and all changes as on their own account.
The Player, who a parent/legal guardian set up an account (sub-account) for, does not have access to the contents of the parent/legal guardian’s account.
The use of FA Website to the extent set out in point 1 requires from the User reading these Terms and accepting their content first, and when it comes to the Player it is the parent/legal guardian of the Player to declare that he has read the Terms and accepted their content.
In the event when the Terms are not clear to the User or the User does not accept the terms of providing services set out in the Terms, but he desires to cooperate with the Foundation, he should contact the Foundation to obtain clarifications by sending a message to the following e-mail address: info@footballacademy.pl.
After registration, the User receives on the Website a ciphered account to which the Service Provider offers services for the User. A password thereto is created by the User. The User must take care of its confidentiality and should not give third parties access to it. The data saved on the User’s account is available exclusively to the User and the Service Provider.
The Service Provider holds access to the User’s data introduced by the User on the Website though their account only to the extent and for the purpose required to provide the services ordered by the User
The User may anytime close the account by sending an appropriate notice to info@footballacademy.pl. However, such account closure means inability of using FA services.
The User does not have the right to transfer their account to other person, similarly, he may not transfer the account (sub-account) set up for the Player.
The Service Provider may close the account of a User:
1. who failed to conclude a contract for FA services in the form of attending a soccer school centre by a student and whose account remains inactive more than 12 months,
2. whose contract for attending a soccer school centre expired or terminated.

As per point 11 or 13 by closing an account will result in removal of all the respective User’s data from the Website. The Service Provider holds the right to further process the User’s data even after its closure under the provisions set out in the Privacy Policy.
The closure of the User’s account means automatic closure of the Player/Players’ account (sub-account), ascribed to the respective User’s account.The User (parent/legal guardian) takes full responsibility for the contents uploaded by the Player onto their account (sub-account) and changes to it as well as the control over the account (sub-account) set up for Player.

§5

Trial classes

Before signing a contract for soccer school services, trial classes can be attended. To take trial classes the User is obliged to;

- read these Terms and accept their content, agree to observe the same through the tool available at the Service,
- read the rules of processing the personal data by the Service Provider set out in the Information Clause available under the following link https://www.footballacademy.pl/o-nas/polityka-prywatnosci/
- give their consent for processing the respective personal data of the User or student enrolled at a soccer school centre by the Service Provider, to the extent the consent which has been marked by the Service Provider, as required to provide services under the contract for attending soccer school centres.

The student may attend FA soccer school trial classes provided that their health condition allows participation in such activities. The User (parent or legal guardian) when enrolling the student on to trial classes takes sole and full responsibility for confirming lack of medical contradictions thereto.
To attend trial classes the User will be requested for information, including health condition of the student that is to attend the trial classes as well as the data necessary to identify and provide security for the student and the other participants.
When you want to attend trial classes you do not need to buy a start package.
The student may attend trial classes in their own sportswear.

§6

Contract for football school service via the Website

A parent who after trial classes or without such option decided to enroll their child for FA football school agrees to before next classes, within at least 24 hours, conclude a contract for attending the child the football school.
The student enrolled at an FA soccer school centre may attend the sessions provided that their health condition allows participation. The User (parent or legal guardian) when enrolling the student at the soccer school centre takes sole and full responsibility for confirming lack of medical restrictions thereto.
To conclude the contract for attending a soccer school centre, it is required to:
1. Fill in the registration form (available under the following link https://www.footballacademy.pl/rodzic/zapisz-sie), and give the necessary data, accept the obligation of paying monthly subscription for classes,
2. Read these Terms and accept their content and accept the obligation of observing their provisions, with the use of the tool available on the Website,
3. Read the rules of processing the personal data by the Service Provider set out in the Information Clause available under the following link https://www.footballacademy.pl/o-nas/polityka-prywatnosci/
4. Give consent for processing of the respective personal data of the User or student enrolled at a soccer school centre by the Service Provider; it refers to the consents required for providing services under the contract for attending a soccer school centre,
5. Purchase a Football Academy starter package, that is full kit: shirt with inscription, shorts and socks, plus a water bottle and a Football Academy band by making an order through the centre’s manager at the price available in the updated price list. The delivery method, prices and payment mode are specified by the centre’s manager.

§7

Obligations of the Parties related to class organisation

Football Academy Group Foundation organises training sessions with the assistance of third parties (managers in charge of FA centres in a respective location).
FA ensures qualified coaches conduct classes at the soccer schools centres.
Football Academy Group Foundation undertakes to organise training with due diligence, in principle, twice a week excluding weekends and public holidays.
Football Academy Group Foundation ensures on its part full organisation of training, in particular, it concludes agreements with third parties, it ensures football pitches and indoor gyms that meet adequate requirements, it ensures equipment for training, in particular, goals, balls, any sports accessories in line with the assumed training plan.
Should there be an unforeseen or force majeure event which results in the cancellation of a class, the Guardian will be informed about by FA via a text message and/or e-mail and/or at www.footballacademy.pl, at least 1 hour before the training session.
FA will ensure cooperation, support and communication flow between the Coaches and Guardians when it comes to any crucial issues related to the class organisation.
The Guardian holds the right to change the training group a student attends after agreeing it with Football Academy Group. Football Academy Group Foundation may refuse its consent for such a change only in the situation when it results in increase costs of organising a class or there is an impact on training proceedings.
The Guardian declares that the student will attend the classes twice a week, organised in the location selected by the Guardian in the registration form, on dates set out by the Coach of the respective training group.
The Guardian agrees to ensure that the student will use the sportswear purchased as part of the starter package.
The Guardian, where possible and at the earliest opportunity, will inform the Coach that a Player is to be absent.
The Guardian has the right to be regularly informed about the player’s progress by the Coach.

§8

Payments

I. Creating and maintaining accounts

Creating and maintaining an account on the Website is free of charge.

II. Attending soccer school classes after signing the contract with FA

As part of the Player attendance to FA soccer school classes, under the contract concluded with the Guardian, as referred to in § 6 of these Terms, the Guardian is obliged to pay a monthly subscription fee in line with the updated list of soccer school prices.
The payments for soccer school classes will be made by the Guardian to the FA bank account: in advance, 7 days from the date of issuing the pro-forma invoice by FA and sending it electronically to the Guardian’s e-mail address indicated upon registration.
The monthly payment for classes is agreed as a lump sum for each month of classes, irrespectively of the number of classes in the given month.
The full amount of monthly payment also applies when a Player is absent, irrespective of the number of absences in the given month. In the event a prior notice of full absence has been reported before starting the month then only 50% of the monthly payment is incurred. Excess payment will be settled in the following month or it is returned to the account of the Guardian indicated by him.
FA accepts the following methods of payment for the classes:
1. traditional bank transfer,
2. electronic payment (faster payment, BLIK, credit card, etc.).

III. Purchase of the start package

The Guardian upon ordering a start package is obliged to pay the price for such package in the amount applicable on the day of its ordering.
The start package is bought with the assistance of the centre manager.
When buying the start package the following payment methods are acceptable:
1. Traditional bank transfer,
2. Electronic payment (faster payment, BLIK, credit card, etc.).

§9
Trade information

The Service Provider will send, free of charge, trade information about the Website, including marketing information, information about promotions, changes, new services – only under the consent of the Service User confirmed by ticking the checkbox at the declaration of consent under the contact form or registration form or in other place indicated by the Service Provider.
The agreement on trade information is attached as well as data of Website’s user is sent to the Service Provider in regard to creating the account on the Website, and the consent in the proper checkbox is marked to give the permission for sending trade information.
The User of the Website that receives trade information may at any time without giving reasons resign from trade information delivered to their address, including the information related to the FA Website, by sending a message to the Service Provider through the tool available in the content of the trade information or via e-mail or contact form.

§10

Ban on sending the User illegal content

The Client agrees not to send content of illegal nature via the Website.
The Service Provider reserves the right to remove or block access to content or materials the nature thereof may violate the provisions of the Terms or commonly applicable legal regulations, in particular:
1. content contrary to commonly applicable legal regulations, including such content that calls for racial hatred, religious, ethnic nature or propagating violence;
2. content commonly considered moral turpitude, offensive, socially improper (including the content that holds vulgarisms, is offensive to other people or attacks them personally, is considered passing off as other people, spam etc.);
3. of pornographic or erotic nature,
4. of racist nature,
5. holding signs of crime or unfair competition,
6. infringing copyright or intellectual property rights,
7. advertising messages, content or materials promoting other services,
8. SPAM or promoting materials,
9. holding tournament actions organised without the consent of the Service.
The Service Provider reserves the right to remove or publicise content or materials as per point 1 and 2 above, informing the respective User about the same when the Service Provider has learnt, has got justified suspicions or adequate credible information that the User, by placing on the Website the respective content or material breached, attempt to breach, avoid or made attempts to avoid commonly applicable law or provisions of these Terms.
The Service Provider reserves the right to moderate the content, along with the right to block the possibility of placing content (in particular comments or entries) in the respective functions made available as part of the Website and/or by the respective Clients.
Each and every User of the Website who, when using the Website learnt about a breach or possibility of a breach, as referred to in point 1 and 2 above, is requested to immediately notify the Service Provider and, if it is applicable, proper authorities of the said breach .

§11

Responsibility

The Service Provider is responsible for due delivery of the services offered via the Website in line with general applicable law.
The Guardian takes responsibility for the due performance of the contracts and agreements concluded with FA via the Website in line with general applicable law.
None of the Parties is responsible for undue performance of their obligations or their non-performance as a result of a force majeure event.
The Guardian bears sole responsibility for the health condition of the Player that is to attend soccer school classes organised by FA.
For any and all information or content made public or sent privately via the Website, the person from whom it originates is solely The User gets access to all such information and content at their own risk and the Service Provider does not bear any responsibility for any errors or omission in the content or materials nor any liability for any damage or losses the User may suffer in regards to use of said materials or content.
The Services may contain links or connections to portals or services of third parties that are not the property of or controlled by the Service Provider. When, in regards to the use of the Website, the Client or the User gets access to websites of the third parties or uses the services of third parties, they accept that the Service Provider does not bear responsibility for the risk related to the use of such websites, portals or services of the third parties.
The Service Provider does not bear responsibility for any intervals in providing the Services resulting from a failure or defective telecommunication system which they have no influence on or is outside their control.
The Service Provider does not bear responsibility for any and all inconsistencies in providing services as part of the Website resulting from force majeure events in the meaning of the commonly applicable legal regulations.
The Service Provider does not bear liability for any beneficial loss.

§12

Personal data processing

The Controller of the Users/Guardians and Players (children attending FA soccer schools) personal data is Football Academy Foundation.
The detailed rules of processing the personal data of the Guardians and Players by the Service Provider are set out by the Privacy Policy of the Service Provider. This covers the students of soccer school’s respective information clauses for and the information clause directed to children – available under the following address https://www.footballacademy.pl/o-nas/polityka-prywatnosci/.

§13

Obligations of the Service Provider to inform about the any risks related to the use of the Website

The Service Provider informs that using the services may be subject to potential risks. Detailed information in this respect is available in the following document: “Information on detailed Client risks related to the use of services delivered by electronic means by FA ” which constitutes Schedule No.1 hereto.
Updated information about the function and purpose of the software or data not being the content of the Service, introduced to the telecommunication system, and used by the Client, is part of the cookies Privacy Policy available under the following address https://www.footballacademy.pl/o-nas/polityka-prywatnosci/

§14

Cancellation of the Contract

Apart from specific cases set out herein, the Guardian may terminate the contract for attending a soccer school centre at any time. However, such termination is effective on the last day of the calendar month in which notice has been submitted. Resignation from classes should be submitted electronically using the following e-mail address [nazwa miasta]@footballacademy.pl.
Irrespective of the above, the User may at any time terminate the agreement on the Website account without keeping a notice period by cancelling the account on the Website. However, such cancellation prevents the Player from attending a soccer school centre as it is conditional that a student holds an account with FA.
In the cases defined herein, the Service Provider may refrain from providing services or remove the account of the User when disclosure of a violation of the provisions herein or commonly applicable legal regulations is made. Irrespectively of the above, the Service Provider holds the right to block the account until removal of any said violation in the specified period. In the event of a failure to remove the same in the specified period, the Service Provider may remove the User’s account and cancel the contract for the User’s child attending an FA soccer school centre with immediate effect.
When termination of the contract by any of the Parties, the Service Provider will store and process the data introduced by the User via the account as per the rules specified in the GRPD information clauses.
The Service Provider holds the right to stop providing services, as referred to in these Terms, by electronic means anytime when such justified demand is reported against him by the Internet provider or other authorised entity.
In specific cases which have had an impact on security or stability of the telecommunication system, the Service Provider holds the right to suspend or limit the use of the Website without prior notification to the Clients. Additionally, the Service Provider has the right to conduct maintenance works necessary for restoring the security and stability of the telecommunication system.
Apart from cases indicated herein, the Parties may set out in a separate agreement, independent terms and conditions for cancelling the contract.

§15
Cooling-off period and contract cancellation

As per the Act of 30 May 2014 – on consumer’s rights (i.e., Journal of Laws [Dz.U.] of 2019 Item 134), a Client who concluded a contract away from the Provider’s premises has the right to cancel the sales contract within 14 days of signing the contract without giving reasons thereto.
When invoking such right as referred to in the point above, the Client is obliged to notify the Service Provider thereof, by submitting a declaration of cancellation via the form attached in Schedule No.2 (a form of withdrawing from a distance contract made with consumer), or by electronically submitting the applicable declaration to the following address info@footballacademy.pl.
When the Guardian electronically submits the declaration of cancellation via the applicable form, the Service Provider will send an immediate confirmation of receipt to the e-mail address provided by the Guardian.
Following cancellation, proportionate payment for any classes in the respective month in which the Player attended up to the date of withdrawal will be returned within 14 days of receipt of the applicable notice will be sent immediately to the bank account of the Guardian.
The Guardian may not cancel the contract for soccer school classes which the Player has already attended, including the trial sessions.
It is also not possible to withdraw from the starter pack once the Player has used such package for soccer school classes or ordered it.

§16

Complaints

The Client may lodge a complaint on matters related to the use of services specified herein to the e-mail address set out in §1(2)(b) of these Terms.
The Service Provider is obliged to investigate any compliant within 30 (thirty) day of receipt.
If any submitted complaint is incomplete the Service Provider may notify the Client to complete it, within 7 (seven) days, identifying any omission and that failure to complete a compliant submission within the specified period will result in no investigation.
Any response to the complaint will be directed to the e-mail address indicated by the Client in the compliant.

§17

Final provisions

These Terms, along with other agreements of the Parties – if any – constitute an integral part of the contract concluded by the Guardian and Football Academy Foundation via the Website.
Prior to concluding the Contract, the Service Provider will send the Website Terms of Use, free of charge, to the Client and after concluding the contract will electronically send confirmation of such. This allows the Client to retain, reproduce and record the content of the Terms via the telecommunication system (i.e., by sending documents and materials contained within the contract to the e-mail address of the User, as provided at registration of an account on the Website).
The Service Provider reserves the right to make changes to the content of these Terms at any time. Any changes will be published on the Website and the respective information will be sent to the e-mail address provided by the Guardian within 7 days.
Minor changes to the Terms which do not impact the rights and obligations of the Parties – come into force on the date of publication. For any other changes, the Guardian is requested to read the changes and accept their content.
A failure to accept, by marking the respective checkbox or sending a consent for changes to the terms via e-mail, any non-minor changes to the Terms gives FA the right to cancel the contract.
The Terms are valid from 14 February 2020.