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Privacy policy

Terms of use of the « Kikup platform »

1. Scope - Acceptance of Terms of Use

These terms of use (hereinafter the « Terms of Use ») exclusively govern the use of the www.kikup.eu website and the Kikup app including all its elements, components and content (hereinafter collectively referred to as the « Kikup Platform »). 

The operator of the Kikup Platform is SRL Kikup (hereinafter referred to as « Kikup »), whose registered office is located Rue Max Elskamp, 1 – 7190 Ecaussinnes, Belgium (BCE n° BE0762.822.648; email: team@Kikup.eu.

The term « User » refers to any user, whether a natural or legal person, registered or not on the Kikup Platform and who uses the Kikup Platform. For the purposes of the Terms of Use, the notion of « use » must be understood broadly and covers in particular the simple consultation of the Kikup Platform.

2. Modification of the Terms of Use – Special Conditions

Kikup is free to modify, at any time and without prior or subsequent notice to Users, the Kikup Platform and/or the Terms of Use. It is therefore recommended that you consult this page regularly.

In addition to the Terms of Use, the use of certain services provided by Kikup through the Kikup Platform may be subject to the acceptance and compliance by users of these services with specific rules and/or conditions. These will be considered an integral part of these Terms of Use.

3. Description of the service offered by the Kikup Platform

The Kikup Platform is a reference platform to discover young football players. The Kikup Platform makes it possible to expose these young players to football clubs and recruiters through mini videos (CVs) posted. For clubs, the Kikup Platform is an interface of choice to find the player who best suits their needs.

The Kikup Platform is intended for the following persons:

  • parents of young football players – those who push their children towards a professional career, follow them on all pitches, film their matches, encourage them and look for well-placed contacts in the environment for them;
  • Amateur football players – those who are looking for exposure to finally start a career or continue their football adventure in better conditions
  • Football clubs/scouts – those who are looking for the future nugget or a player to complete their squad;
  • Fans – those who live for football, follow players, push and encourage their friends who want to start or pursue a career;
  • Brands – those who seek to link their image to the future talents of local/global football, to expose themselves to a highly qualified target, to communicate in a specific way.

 

The Kikup Platform allows young players or their parents to post information such as a video CV in order to attract football clubs or scouts and put them in contact. The Kikup Platform allows football clubs and scouts to find a player in the hope of strengthening their squad.

Kikup connects the aforementioned persons through the Kikup Platform. Kikup declines all responsibility for any ensuing contacts between Users. 

The User is solely responsible for the content he posts on the Kikup Platform. Kikup can in no way guarantee the accuracy and veracity of the information posted by Users on the Kikup Platform.

4. Use of the Kikup Platform

The Kikup Platform is prohibited to Users under the age of 13 without parental authorization. However, if the law requires you to be older in order for Kikup to lawfully provide its services to you without parental consent (including the use of your personal data), then the minimum age is that higher age. Creating an account on the Kikup Platform with false information is a violation of our Terms of Use, including accounts registered in the name of other persons or persons under the age of 16 and the platform will delete them immediately.

The User undertakes to use the Kikup Platform with due diligence, in accordance with its purpose and the applicable legal provisions.

Without limiting the generality of the foregoing and subject to the rights of the User provided for in these Terms of Use, it is expressly prohibited:

  • to hinder in any way whatsoever access to the Kikup Platform to Users, Kikup or Kikup’s service providers and agents;
  • to print, copy or download all or part of the Kikup Platform in violation, intentionally or unintentionally, of the Terms of Use or any applicable legal, regulatory or contractual provision;
  • upload, post, transmit by e-mail or in any other way any content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right belonging to others;
  • to modify in any way whatsoever the Kikup Platform and to use modified versions of the Kikup Platform in particular (without this list being exhaustive) to obtain unauthorized access to the Kikup Platform;
  • to access the Kikup Platform by any means other than the interface provided by Kikup.

5. Registration on the Kikup Platform

The User is free to register on the Kikup Platform by completing a form using his personal data. This registration, subject to our Privacy Charter available in the application and allows the User to have access to the following services: Créer un profil

  • Post videos
  • Create a video resume
  • Be present in the database
  • Participate in challenges
  • Take group lessons.

 

The password that allows the User to identify himself to benefit from these services is personal and confidential. The User is solely responsible for the use of the password and undertakes not to disclose it to third parties.

The User is fully and solely responsible for any activity carried out under his access code.

6. Responsibility of the User

The use of the Kikup Platform always takes place under the responsibility of the User, including vis-à- vis third parties, whether they are also Users or not.

The User is responsible for all the information he encodes and the files he uploads to the Kikup Platform including, but not limited to, the information he encodes and the files he downloads when registering on the Kikup Platform.

Any incorrect, incomplete or inadequate information encoded by the User on the Kikup Platform, and the resulting consequences vis-à-vis third parties or other Users, are the sole responsibility of the User.

The User agrees to be solely responsible, vis-à-vis any person, including the persons he represents in any way whatsoever, for any content or data, including personal data, that he encodes on the Kikup Platform when registering on the Kikup Platform or when creating, publishing or sharing content or information on it.

7. Responsability of Kikup

Kikup is only liable for his fraud or gross negligence but is not responsible for the fraud or gross negligence of his partners. Kikup can in no way be held liable for any direct or indirect damage that the User and / or third parties incur during the use by the User of the Kikup Platform, the sites linked to it, and / or the content made available to him. Kikup cannot guarantee that the content offered is accurate and up-to-date and gives no guarantee in this regard.

Without prejudice to what is provided above and although Kikup undertakes to make its best efforts in this regard, it cannot guarantee the Users of the Kikup Platform against the risks of virus infection and other risks generally related to the use of the Internet and therefore declines all responsibility for any damage that may result, directly or indirectly, from the use of the Kikup Platform. 

In particular, Kikup declines all liability for any direct or indirect damage, proven or alleged, due to errors or omissions whatsoever in the content of the Kikup Platform, as well as for any modification, suspension or interruption of the Kikup Platform.

8. Restriction of access to the Kikup Platform

Kikup reserves the unilateral right to prohibit access to all or part of the Kikup Platform to any natural or legal person:

  • who would violate these Terms of Use;
  • who would use the personal data, to which it may have access via the Kikup Platform, to offer paid products or services or to send unsolicited messages to the e mail boxes of other Internet users (« spamming »), for any other commercial purpose, or in any other unauthorized way;
  • who uses the services offered by Kikup without complying with the specific conditions applicable to these services;
  • That would damage in any way the reputation of Kikup, the Kikup Platform;
  • which would infringe the intellectual property rights of third parties;
  • who would use the Kikup Platform for illicit purposes.

 

Kikup reserves the right to sue these same persons.

9. Suspension and interruption of access to the Kikup Platform

Although Kikup makes the Kikup Platform available to the User 7 days a week and 24 hours a day, Kikup reserves the right, at any time and without notice, to modify or interrupt access to it temporarily or permanently for technical or other reasons and to terminate its services, and this without being able to be held responsible for these interruptions and the consequences that could result for you or for a third party.

Kikup will ensure, as far as possible, that the Kikup Platform and the files that may be downloaded from it, are free of errors, viruses, trojan horses, spyware and other malicious or unauthorized software. However, it cannot be excluded that they may find their way around. Kikup can in no way be held responsible for any damage and / or loss that would result for the User. Kikup strongly advises the User to install firewalls, anti-virus and other necessary protection software on his device.

10. Intellectual property rights

The Kikup Platform, including information, photos, videos, logos, drawings, trademarks, formatting, models, slogans, and in general any element presented or used on the Kikup Platform, is protected by intellectual property rights (copyright, trademark law, patent law, etc.) held by Kikup and/or its service providers, its professional members, advertisers and partners.

Unless previously agreed in writing by Kikup, the User of the Kikup Platform may under no circumstances :

  • modify, reproduce, rent, borrow, sell, distribute, in whole or in part, the Kikup Platform or any element presented on the Kikup Platform;
  • copy, modify, create a derivative work, reverse design or assembly or in any other way, attempt to find the source code, sell, assign, sublicense or transfer in any way any element of the Kikup Platform;
  • authorize a third party to perform any of the operations prohibited above;
  • in general, infringe in any way whatsoever the aforementioned intellectual property rights of Kikup and its service providers, advertisers and partners;
  • to create a hypertext link to or from the Kikup Platform.

Kikup cannot verify all the content that passes through the Kikup Platform and cannot, therefore, be held responsible for the content posted by users in violation of intellectual property rights. Kikup hereby grants the User a non-exclusive, non-transferable and revocable license at any time without cause to access, display and download the content of the Kikup Platform for the strict purpose of viewing the content, on a single computer, mobile or portable device. The User may also print a copy of the content displayed on the Kikup Platform, solely for his personal use, provided that he does not alter in any way the content of the Kikup Platform and that he retains all the attribution and origin of the Kikup Platform. Reproduction is therefore only permitted for the purpose of private use and private copying within the meaning of the Copyright Act.

Any copy, translation, adaptation, modification or use whatsoever of all or any of the protected elements of the Kikup Platform, in any form whatsoever and by any means whatsoever, is strictly prohibited without the prior written consent of Kikup.

Any commercial use of the content of the Kikup Platform is strictly prohibited.

11. Privacy policy, protection of personal data and management of cookies

By browsing the Kikup Platform, downloading files, creating an account, contacting Kikup, the User provides the latter with personal data. The protection of personal data and the management of cookies are carried out by Kikup in accordance with its Privacy Policy available on the platform.

The User who encodes on the Kikup Platform, the personal data of another natural person, whether or not he is a User of the Kikup Platform, is the sole « controller » – within the meaning of Article 4.7 of Regulation (EU) No 2016/679 of the European Parliament and of 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 ( GDPR) – of this data vis-à-vis this other natural person and, therefore, undertakes to comply with the legislation applicable to the processing of personal data vis-à-vis this other natural person.

The User who is responsible for processing towards another natural person is civilly and criminally liable for all acts or omissions he performs in violation of the regulations applicable to the processing of personal data.

12. Links to Third Party Sites

In some of its sections, the Kikup Platform contains hyperlinks to content from third parties or to websites operated by third parties. Kikup is not responsible for the quality or accuracy of such content or websites. Kikup also cannot be considered to endorse, publish or authorize such websites or content. Consequently, the operators of these sites are solely responsible for compliance with the laws and regulations applicable to the products and services they offer for sale on their site, in particular with regard to consumer protection, distance selling, price regulation, protection of personal data, etc.

13. Notification

Toute notification émanant de Kikup en relation avec la Plateforme Kikup pourra être soit directement publiée sur la Plateforme Kikup, soit adressée par email ou par téléphone aux Utilisateurs, selon leurs préférences.

14. Cas de force majeure ou fortuit

Kikup can in no way be held responsible, contractually or extra-contractually, in case of non-
performance of its obligations when this non-performance results from a case of force majeure or fortuitous.

The following events will automatically be considered as force majeure or fortuitous events (this list is neither exhaustive nor exhaustive):

  • floods;
  • fires;
  • earthquakes;
  • acts of war or terrorism;
  • epidemics;
  • strikes;
  • insurrections and riots;
  • a failure of the telecommunications network;
  • the loss, alteration or total or partial destruction of Kikup’s computer system when any of these events cannot be directly attributed to Kikup;
  • as well as any other event over which Kikup has no control

15. Miscellaneous, applicable law and jurisdiction

The nullity, lapse or unenforceability of all or part of any of the foregoing provisions shall not result in the nullity of all of these Terms of Use. The provision in question will be deemed unwritten and the User accepts that Kikup substitutes this provision with another that will fulfill, as far as possible, the same function. 

For any possible dispute arising from the use of the Kikup Platform, Belgian law will be applicable and only the courts of Brussels will be competent.