Terms And Conditions
# Terms and Conditions
We invite you to carefully read the General Terms and Conditions (the **"General Terms and Conditions"** and the **"Terms and Conditions for the Sharing of Minors' Photos and Data"**) before using the services offered by YouCoach S.r.l. (**"YouCoach"**) through youcoach.com (the **"Website"**).
The General Terms and Conditions, together with the Privacy Policy, as amended from time to time (collectively, the **"Agreement"**), apply to your use of the Website and the related services described below.
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**1. Acceptance**
Acceptance of the General Terms and Conditions and of the Privacy Policy is required in order to use the Website and access its services. If you do not wish to unconditionally accept the General Terms and Conditions, you may not use the Website.
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**2. Changes to the General Terms and Conditions**
Because the technology and services offered may change over time, YouCoach may, where it deems necessary, amend the General Terms and Conditions by notifying you through the Website or by e-mail. Changes take effect once the amended version of the General Terms and Conditions is published by YouCoach in the "TERMS AND CONDITIONS" section of the Website. Your continued use of the Website's services constitutes acceptance of the General Terms and Conditions as amended. You may check the General Terms and Conditions periodically through the relevant section when using the Website's services.
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**3. The Services**
**3.1** In accordance with the General Terms and Conditions, YouCoach may offer certain services selected by you within the Website, exclusively for your personal use. YouCoach may modify, suspend or discontinue the Website and/or its services at any time. YouCoach may impose restrictions on certain features or services of the Website and restrict access to some or all of the Website's services without notice or liability.
**3.2** The services available through the Website include, by way of example, the free provision of information, news, articles, newsletters and content dedicated to soccer coaching and to related products and services (collectively, the **"Services"**).
**3.3** The Services are intended exclusively for personal use and must be used in accordance with the General Terms and Conditions.
**3.4** YouCoach does not charge for use of the Services, which are currently free of charge.
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**4. Paid Products and Content**
Through the Website, YouCoach may also offer for sale, in exchange for payment, products of various kinds related to soccer activity (e.g., sports equipment) (collectively, the **"Products"**), as well as digital editorial content related to soccer coaching (collectively, the **"Paid Content"**).
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**5. User Registration**
**5.1** In order to use some of the Services, and in particular to receive YouCoach's periodic newsletter (the **"Newsletter"**) and/or to purchase the Products and Paid Content offered on the Website, you must register a YouCoach account (the **"YouCoach Account"**) and provide certain information about yourself, as requested by the registration form. You represent and warrant that all information you provide is true and accurate and that you will keep it accurate.
**5.2** You represent and warrant that you are of legal age to enter into a legally binding agreement; you also warrant that you are legally authorized to access and use the Services, and you assume full responsibility for the selection, use of, and access to the Services.
**5.3** By registering a YouCoach Account, you agree: (i) not to use another person's name to impersonate that person; (ii) not to use a name that is subject to any right belonging to someone other than you, without authorization. YouCoach reserves the right to refuse registration or to cancel a YouCoach Account at its own discretion.
**5.4** You may request cancellation of your YouCoach Account at any time, for any reason; you may also request changes to your profile information and consents by sending an e-mail to info@youcoach.it.
**5.6** The use of authentication credentials, namely username and password (**"Authentication Credentials"**), is strictly personal. Authentication Credentials may not be transferred to third parties. You are solely responsible for (i) all communications made through your username and (ii) maintaining the confidentiality of your YouCoach Account's Authentication Credentials. Simultaneous access to the same account from different locations is not permitted.
**5.7** You must immediately notify YouCoach of any unauthorized or suspected use of your YouCoach Account or any other security breach. YouCoach is not and will not be liable for any loss or damage arising from your failure to comply with the above obligations.
**5.8** The Newsletter consists of daily or otherwise periodic e-mails with sports-related content curated by the YouCoach editorial team.
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**6. Purchase Conditions**
Once you have registered a YouCoach Account, you may also purchase the Products and Paid Content available on the Website, as described in the relevant sections, including their main characteristics and the total price inclusive of taxes.
**6.1** Orders for the Products or Paid Content you wish to purchase (**"Purchase Orders"**) must be completed using the electronic form available in the relevant section of the Website and submitted to YouCoach in the manner indicated there. Before sending the Purchase Order, you may review and change your order details in the "ORDER SUMMARY" area of the Website. The Purchase Order is submitted by clicking the "submit order" icon.
**6.2** Before you submit the Purchase Order, YouCoach will provide you with the following information:
- YouCoach's details and registered office (address, telephone number, fax number and e-mail address);
- the main characteristics and price of the Product and/or Paid Content (inclusive of taxes), shipping costs and any additional ancillary charges;
- payment terms and methods;
- delivery terms and methods;
- the existence of the right of withdrawal and its limitations and how to exercise it;
- the existence of the legal guarantee of conformity;
- the existence and terms of after-sales customer support, after-sales services and commercial guarantees.
**6.3** After you submit your Purchase Order for Products or Paid Content, YouCoach will send you a confirmation e-mail acknowledging receipt of the Purchase Order, summarizing:
- the unit cost of each Product and/or Paid Content selected;
- the total cost of the order (for orders with multiple Products and/or Paid Content);
- any shipping costs.
Upon receiving the confirmation e-mail, you may check the accuracy of the data, the Products and the Paid Content purchased and, if needed, report any discrepancies or errors, or request information, by e-mailing the address indicated below.
**6.4** The Contract is deemed concluded once you receive YouCoach's confirmation of receipt of the Purchase Order.
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**7. Prices and Payment Methods**
**7.1** Prices for Products and Paid Content published on the Website include VAT but do not include shipping costs, which will in any case be specified on the Purchase Order. Purchases are made at the price in effect when the Purchase Order is submitted; the purchase price will always be shown on the Website and within the Purchase Order. YouCoach reserves the right to periodically update prices; any price update will have no effect on Purchase Orders you have already submitted.
**7.2** You may pay for Products and Paid Content:
- through the payment services offered by PayPal, by credit card or directly from a PayPal account, where you have one;
- by bank transfer to the bank account held in the name of YouCoach S.r.l.
**7.3** The Purchase Order is deemed finalized once the payment procedure referred to in point 7.2 has been completed.
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**8. Download and Streaming of Paid Content**
**8.1** Paid Content is available in the electronic format indicated in the relevant section of the Website.
**8.2** For Paid Content available via streaming: once YouCoach has confirmed the Purchase Order, you may view it via streaming by following the instructions on the Purchase Order and on the Website at youcoach.com/faq. Accessing the Paid Content may require installing certain programs on your device, as indicated in the relevant section of the Website and on the Purchase Order. It is your responsibility to check that your device's format is compatible with the format of the Paid Content you intend to purchase.
**8.3** For Paid Content available for download: once YouCoach has confirmed the Purchase Order, you may download the Paid Content directly from the Website by following the instructions on the Purchase Order and on the Website at youcoach.com/faq. Downloading and accessing the Paid Content may require installing certain programs on your device, as indicated in the relevant section of the Website and on the Purchase Order. It is your responsibility to check that your device's format is compatible with the format of the Paid Content you intend to purchase.
**8.4** Paid Content may be used exclusively (i) for private use, (ii) in digital format, and (iii) on the single device on which it is downloaded. YouCoach reserves the right to protect its rights against any unauthorized use of the Paid Content.
**8.5** Paid Content may not be sold on by you, and may not, even in part, be printed on any medium, modified, reproduced or processed, except that printing for strictly personal use is permitted. Under the General Terms and Conditions, you do not acquire any rights to the economic exploitation, in any form, of the Paid Content.
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**9. Delivery of Products**
**9.1** YouCoach delivers Products exclusively within Italian territory. If you do not reside in Italy, you must still specify a delivery location within Italian territory in the Purchase Order.
**9.2** Purchased Products are delivered by YouCoach to the address you indicate in the Purchase Order.
**9.3** Products are delivered within thirty (30) working days from the date YouCoach sends the confirmation e-mail acknowledging receipt of the Purchase Order.
**9.4** At delivery, you must sign the delivery note indicating "subject to inspection of the integrity of the products"; otherwise, you may not later dispute the external non-conformity of the Product and/or its quantity compared to the order.
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**10. Shipping Costs**
An amount for shipping costs may be added to the price of the Product you purchase. This amount will be specified in the Purchase Order before you submit it.
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**11. Right of Withdrawal**
**11.1** Pursuant to Articles 52 et seq. of the Italian Consumer Code, if you qualify as a consumer, you have the right to withdraw from the Product purchase contract, without giving any reason and without costs other than those set out below, within fourteen (14) calendar days (the **"Withdrawal Period"**).
**11.2** The 14-day Withdrawal Period runs:
(a) for an order of a single Product, from the day you or a third party (other than the carrier) designated by you take physical possession of the Product;
(b) for an order of multiple products (a **"Multiple Order"**) delivered separately, from the day you or a third party designated by you take physical possession of the last Product;
(c) for an order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party designated by you take physical possession of the last lot or piece.
**11.3** To validly exercise the right of withdrawal, you must inform YouCoach of your decision to withdraw before the Withdrawal Period expires.
To exercise the Right of Withdrawal, you may:
(a) use YouCoach's standard withdrawal form (the **"Standard Withdrawal Form"**), made available on the Website before the contract is concluded, via the "Right of withdrawal" link also accessible from the Product page, and attached to the confirmation e-mail acknowledging receipt of the Purchase Order; or
(b) submit any other explicit statement of your decision to withdraw from the contract (a **"Withdrawal Statement"**).
The right of withdrawal is validly exercised within the Withdrawal Period if the related communication is sent before the Withdrawal Period expires.
The burden of proving that the Right of Withdrawal was exercised before the Withdrawal Period expired is on you; it is therefore in your interest to communicate your intention to withdraw in writing or, in any case, on a durable medium.
Communications regarding the Right of Withdrawal must be sent to:
YouCoach S.r.l.
Via Roma 44 – 35043 Monselice (PD), Italy
Phone: +39 0429 1961410
Email: info@youcoach.it
**11.4** Once you have exercised the Right of Withdrawal, you must return the Products to YouCoach, using a carrier of your choice and at your own expense, without undue delay and in any case within 14 calendar days from the date you notified YouCoach of your decision to withdraw (the **"Return Period"**). The deadline is met if you ship the Products back before the Return Period expires.
The Product, properly packaged, must be shipped to:
*YouCoach S.r.l. – Via Roma 44/3 – 35043 Monselice (PD), Italy*
The direct costs of returning the Products to YouCoach are your responsibility.
**11.5** If you withdraw from the contract, YouCoach will refund the amount you paid for the Product, including delivery costs (excluding any additional costs arising from a delivery method other than the least expensive standard delivery offered by YouCoach), without undue delay and in any case no later than 14 days from the day YouCoach is informed of your decision to withdraw. The refund will be made by bank transfer. YouCoach will ask you for the bank details needed to make the refund. You will not incur any cost as a result of the refund.
YouCoach may withhold the refund until it has received the Products, or until you have provided proof that you have shipped them back, whichever is earlier.
**11.6** You are liable only for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish its nature, characteristics and functioning.
**11.7** For Paid Content, the Right of Withdrawal may be exercised on the same terms as points 11.1, 11.3 and 11.5 above, but only if the Paid Content has not yet been downloaded or viewed by you. As soon as you begin viewing (for streaming Paid Content) or downloading (for downloadable Paid Content) the Paid Content you purchased, you lose the right to withdraw. For Paid Content, the 14-day Withdrawal Period therefore runs from the date you receive confirmation of the Purchase Order.
**11.8** Information on exercising the Right of Withdrawal is available on the Website and attached to the Purchase Order confirmation e-mail.
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**12. Use of the Website and Services**
**12.1** The Website, the Products, the Paid Content and the Services made available or purchased through the Website are for personal use only. You may not resell or attempt to resell Products, Paid Content or Services made available or purchased through the Website to any third party, nor use the Website to carry on a business or for any professional or commercial purpose, including advertising, promoting or otherwise marketing Products, Paid Content or Services available through the Website, without YouCoach's prior written authorization.
**12.2** By using the Website and the Services, you represent, warrant and agree that you will **not**:
a) violate any law, judgment, court order, or binding administrative measure;
b) infringe intellectual property rights, such as copyright, trademark and patent rights, rights related to commercial communications, privacy rights, or other third-party rights;
c) post or transmit content that is:
(i) contrary to public policy or public morality;
(ii) harmful, fraudulent, deceptive, threatening, abusive, defamatory, harassing, vulgar, obscene, or otherwise objectionable;
(iii) discriminatory (e.g., on grounds of race, nationality, sex, social status, etc.);
(iv) related to religious activities or containing invitations directed at specific religious groups;
d) send communications or any other solicitation intended to obtain the password, account, or other private information of other users of the Website;
e) use the Services to breach the security of the Website's computer platform;
f) engage in activities capable of damaging the Website, including sending messages containing harmful code, files or programs;
g) decompile, reverse-engineer, or otherwise attempt to obtain the Website's source code;
h) send messages indiscriminately to a large number of users, or otherwise carry out any activity YouCoach considers spam;
i) use the Services to perform obscene acts;
j) carry out commercial activities and/or sales (such as prize contests, lotteries, bartering, advertising or pyramid selling) without YouCoach's prior written consent;
k) use YouCoach's services sold on the Website for profit-making activity: the self-service software licenses sold on the YouCoach website are intended for use by non-profit organizations (amateur sports clubs, parish/community associations, etc.); for profit-making activity (coaches or staff working for professional clubs), the license cost must be quoted separately on request. YouCoach S.r.l. is authorized to close any account that does not comply with this point, and reserves the right to notify the purchaser of this decision by e-mail to the address used during the purchase process;
l) upload to the website, the YouCoach App web app, the YouCoach mobile app, or any other app published by the company, photos or sensitive data of minors without first obtaining signed consent from a parent or legal guardian.
**12.3 Chat and Messaging**
The Chat and Messaging features are provided as a communication tool for club members (technical staff, players and, where applicable, families). By accepting these Terms and Conditions, you assume full and direct responsibility for any content you write, send or share through these features, including messages, attachments and videos, and you agree to use them lawfully, correctly and with respect for the rights of others, in accordance with point 12.2 above.
If you are a minor, by accepting these Terms you declare that you are using the Chat and Messaging features under the supervision of a parent or a legally responsible adult, who authorizes such use and who is jointly responsible, together with you, for compliance with these Terms.
YouCoach provides the club with certain technical safeguards to support proper use of these features, such as, by way of example, the ability to restrict direct messages to staff members only, a default read-only setting for players, and moderation and administration tools that club administrators can configure. YouCoach reserves the right to monitor, including through artificial intelligence tools and on a non-systematic, non-continuous basis, the content exchanged through these features and, should it detect unlawful use or use otherwise contrary to these Terms, may report it to the account holder and, where necessary, to the competent authorities, without prejudice to point 15 (Indemnification).
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**13. Privacy Policy**
YouCoach processes personal data in compliance with applicable law and in accordance with the Privacy Policy published in the "PRIVACY" section of the Website; your acceptance of the General Terms and Conditions also implies acceptance of the Privacy Policy.
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**14. Intellectual Property Rights**
**14.1** The materials displayed or present on the Website (including, by way of example, designs, texts, scripts, graphics, interactive features, software, trademarks, trade names and logos) are owned by YouCoach or licensed to YouCoach, and are protected by copyright and other industrial and intellectual property rights under Italian and foreign law. YouCoach reserves all rights not expressly granted. You agree not to use, copy or distribute any of the Services or any Website content, other than as expressly permitted here, for any commercial purpose.
**14.2** You may not use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or otherwise exploit, for any purpose, any content or material submitted by third parties, or any other proprietary right that does not belong to you.
**14.3** YouCoach reviews the content and Services offered through the Website with the greatest possible care; however, it disclaims any liability for direct or indirect damage that may result from them or from their use. YouCoach may remove from the Website any material, data, information or opinion that infringes third-party rights or contains statements or a tone deemed offensive or inconsistent with the purpose, decency and respect on which the Website is based. If you find any error, omission or inaccuracy in the material, data, information or opinions published on the Website, or believe that such material infringes your rights, please contact YouCoach at info@youcoach.it. YouCoach will review, and where the material is in fact incomplete, inaccurate or in breach of third-party rights, remove it from the Website.
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**15. Indemnification**
You agree to hold harmless and indemnify YouCoach against any third-party claim (including, without limitation, claims for damages, expense reimbursement, fees and legal costs) caused by or arising from access to and/or use of the Services by you or by any third party using your YouCoach Account, from failure to comply with the Agreement, or from any infringement of intellectual property rights or other third-party rights.
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**16. Limitation of Liability**
You agree that YouCoach, its suppliers, officers, employees or agents will not be liable (i) for any amount exceeding, in aggregate, €50.00; (ii) for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind; (iii) for any loss of data, loss of profits, loss of goodwill, or cost of procuring substitute services; or (iv) for any event connected with the use of the Website and/or the Services, or the inability to use them, that is beyond YouCoach's reasonable control.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Notwithstanding the foregoing or any other provision, nothing in the Agreement excludes or limits YouCoach's liability for fraud, fraudulent misrepresentation, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
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**17. Force Majeure**
YouCoach will not be liable to you for causes not attributable to it, and in particular for any event caused, directly or indirectly, by wars, strikes, acts of terrorism, boycotts, or other civil disturbances or any act of a similar nature beyond YouCoach's reasonable control.
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**18. Suspension and Interruption of the Website's Features**
YouCoach may interrupt or suspend the Website's functionality at any time, at its own discretion, without notice. In the event of suspension or interruption of the Website's functionality for any reason, YouCoach will have no liability or obligation to you. YouCoach will, in any case, use reasonable efforts to properly fulfil Purchase Orders already confirmed.
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**19. Third-Party Services**
The Services may contain links to applications or services provided by third parties (**"Third-Party Services"**) that are not owned or controlled by YouCoach, or the Services may be accessible through Third-Party Services.
When you access Third-Party Services, you do so at your own risk. You represent and warrant that you have read and accepted all terms of use applicable to the Third-Party Services and that you will act in accordance with them, in addition to the obligations arising from this Agreement. YouCoach has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices or opinions expressed in any Third-Party Services, nor does YouCoach monitor, verify or modify the content of Third-Party Services.
By using the Services, you expressly hold YouCoach harmless from any liability arising from your use of Third-Party Services.
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**20. Effectiveness of the Agreement**
You acknowledge that you have read and understood the General Terms and Conditions, which, together with the Privacy Policy, constitute the entire agreement between you and YouCoach and supersede any prior agreement or communication between you and YouCoach regarding their subject matter.
The General Terms and Conditions and their individual provisions must be interpreted in the sense that gives them some effect, rather than in a sense that would give them none.
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**21. Severability**
If any provision of the General Terms and Conditions is held invalid under applicable law, the remaining provisions will remain fully valid and effective.
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**22. No Assignment**
None of the rights granted here may be transferred or assigned by you to third parties, but they may be assigned by YouCoach without restriction or limitation.
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**23. Governing Law and Jurisdiction**
**23.1** Italian law applies.
**23.2** In the event of a dispute, you agree that it will be submitted to the jurisdiction of the Italian courts.
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**24. Third-Party Data**
You acknowledge that you are authorized to enter sensitive data into the web application and, in the case of minors' data, that you have the authorization of the minor's parents or legal guardians to enter their data for personal use and solely for managing the features related to the purpose of the web application.
YouCoach guarantees that data entered into the system will not be disclosed by YouCoach, but assumes no responsibility for the disclosure of data that you print or download in PDF format and share in any digital or printed form.
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**25. Terms and Conditions for the Sharing of Minors' Photos and Data**
**25.1 Acceptance of the Terms**
Using this website to share photos and data of minors constitutes unconditional acceptance of these terms and conditions.
**25.2 Compliance with Data Protection Laws**
Sharing photos and data of minors is permitted only in compliance with applicable European and national data protection and privacy laws.
**25.3 Parental or Guardian Consent**
You represent that you have obtained the express consent of the parents or legal guardians of the minors concerned to share their photos and data. You are solely responsible for obtaining such consent.
**25.4 Protection of Privacy**
This website is committed to protecting the privacy of minors and their personal data in accordance with the General Data Protection Regulation (GDPR) and applicable national laws.
**25.5 Appropriate Content**
Sharing content relating to minors that is inappropriate, defamatory, offensive or unlawful is prohibited.
**25.6 User Responsibility**
You are solely responsible for any damage or legal violation arising from the sharing of photos and data of minors.
**25.7 Right of Removal**
This website reserves the right to immediately remove any content that violates these terms and conditions or applicable law. In the event of a serious violation, the website may take legal action.
**25.8 Cooperation with Authorities**
The website will fully cooperate with the competent authorities in the event of suspected unlawful or abusive activity involving minors.
**25.9 Limitation of Liability**
The website is not liable for damages, losses or violations arising from use of the website or from the sharing of photos and data of minors.
**25.10 Changes to These Terms**
These terms and conditions may be amended from time to time. Users should check this page regularly to stay informed of any updates.
**25.11 Competent Court**
Any legal dispute relating to use of the website and to the sharing of photos and data of minors will be resolved in accordance with the law of the European Union member state in which the website is based.
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**26. Contacts**
Email: info@youcoach.com