ADeL Terms of Use

ADeL Terms of Use

Last updated: December 4, 2019

 

The Anti-Doping e-Learning platform (ADeL), created and managed by the World Anti-Doping Agency (WADA), offers access to all topics related to clean sport and anti-doping. It offers courses for athletes, coaches, doctors, administrators and anyone interested in learning more about anti-doping and protecting the values of clean sport.

 

These terms of use (Terms) are between WADA and any user of ADeL (you).

 

These Terms cover your use of ADeL through any means, including web and mobile-based ADeL. In these Terms, a reference to ADeL includes any software or documentation made available to you by WADA in connection with your use of ADeL.

 

You must read and review the ADeL Terms of Use and the ADeL Privacy Policy carefully before activating your ADeL account and using ADeL. By activating your ADeL account, accessing or using ADeL, you agree to these Terms and acknowledge that you have read and understood the ADeL Privacy Policy and agree to its terms, in each case as updated from time to time.

 

We reserve the right to change these Terms, or any aspect of ADeL including its features and functionality from time to time. If we make material changes to the Terms, we will endeavour to provide you with advance notice and to prompt you to review accept the updated terms, where reasonably practicable to do so.

 

1.            Accounts and Security

 

You may only access ADeL with an activated, current and valid ADeL account. Your access may be conditional upon an approval from WADA (see Section 3, below).

 

You are responsible for maintaining the confidentiality of your username, password and account, and for taking reasonable precautions to prevent the inadvertent or unauthorized disclosure or loss of your username, password or account information.

 

You agree to notify WADA immediately of any unauthorized use of your account or any other breach of security relating to ADeL of which you are aware.

 

2.            Access to ADeL

 

WADA will use reasonable efforts to make ADeL available but does not guarantee that access to ADeL will be uninterrupted or error free. Where possible, information regarding scheduled maintenance windows will be posted on the platform. WADA may at any time suspend or terminate access to ADeL, or modify or discontinue any feature of ADeL without liability to you for any reason, including for security and maintenance purposes or for a violation of these Terms.

 

3.            Data You Provide or Manage

 

Data you provide: You are responsible for ensuring all information you submit to ADeL, directly or through third parties, is truthful, accurate, up-to-date, and not misleading.

 

You agree that management of your account may be assigned by WADA to a sport federation, national anti-doping organization or other organization as part of the education component of such organizations’ anti-doping programs, or that WADA may otherwise export certain information and provide it to such an organization for the same purpose. The organization managing your account would have access to your ADeL profile and to information regarding the courses you complete. It will also be able to conduct certain administrative support functions for your account (such as resetting your password upon request).

 

Data you manage: If you manage the ADeL account of any third party or otherwise receive access to the personal or other information of a third party on or from ADeL, you represent and warrant to us that you have provided all notices and disclosures; where necessary, obtained all applicable third party consents and permissions; and otherwise have all authority, in each case as required by applicable laws, to receive such access and information for the purpose of anti-doping activities in accordance with the World Anti-Doping Code (Code) and the International Standards. You agree that WADA may at any time conduct verifications in this respect; establish pre-requisites for your use of ADeL for this purpose; and that you will provide any reasonably requested information to enable WADA to conduct such verifications.

 

4.            Licence to use ADeL

 

Subject to your compliance with these Terms, WADA grants you a limited, non-exclusive, revocable, non-transferrable and non-sublicensable licence to use ADeL for the sole purpose of engaging in and conducting anti-doping education in accordance with these Terms.

 

5.            No unlawful or Prohibited Use

 

You will not, without our prior written permission, use ADeL in any way that is not permitted by the Code or the International Standards. Without limiting the foregoing, you will not and will not attempt to:

 

  • send, upload, collect, transmit, store or otherwise use any data, information or other materials or content that:
    • contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
    • you do not have the lawful right to send, upload, collect, transmit, store or otherwise use;
    • is false, intentionally misleading, or impersonates any other person; or
    • violates any applicable laws, or infringes, violates, or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity).
  • use any data mining, robots, or similar data gathering or extraction methods, or copy, disassemble, de-compile, reverse engineer or create derivative works based on ADeL or any part thereof or otherwise attempt to discover any source code;
  • link to ADeL in any way that is illegal or damages our reputation or takes advantage of it, or in any way as to suggest any form of association, approval or endorsement on our part where none exists, or in any website that is not owned by you;
  • attempt to gain unauthorised access to ADeL or any data or materials contained in ADeL, the server on which ADeL is stored or any server, computer or database connected to ADeL;
  • disable, overly burden, impart, or otherwise interfere with servers or networks connected to ADeL (e.g. denial of service attacks) or with any activity being conducted on or through ADeL; or
  • use ADeL other than as permitted by these Terms.

By breaching this provision, you may commit a criminal offense under applicable law. We reserve the right to report any such breach to the relevant law enforcement authorities and WADA’s policy is to cooperate with law enforcement, as appropriate, to ensure the security of ADeL. This also may require that we disclose information relating to you to such authorities.

 

6.            Software Updates

 

ADeL may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop ADeL and may take the form of bug fixes, enhanced functions, and completely new versions. You agree to receive such updates as part of your use of ADeL.

 

7.            Intellectual Property

 

As between you and WADA, all intellectual property rights, title and interest in ADeL, non-personally identifiable information used to operate and manage the platform, feedback you provide to WADA in relation to ADeL, and WADA's logo, name, and other marks, exclusively belong to WADA. As between you and WADA, you expressly waive any moral rights you may have in ADeL-related feedback provided to WADA, and you have no rights in or to ADeL other than the right to use ADeL in accordance with these Terms. All rights not expressly granted to you in these Terms are reserved.

 

8.            Disclaimers and Limitation of Liability

 

We do not guarantee or warrant that ADeL is compatible with your computer system or that ADeL will be free of bugs, viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system.

 

To the fullest extent permitted by applicable law, WADA and its officers, directors, employees, agents, suppliers, and third-party partners hereby exclude: (i) all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and (ii) any and all liability for any claims, loss, demands or damages of any kind whatsoever including, direct, indirect, incidental or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of ADeL, including a failure to maintain the security and confidentiality of your password and access credentials, whether arising from loss of business, loss of profits, loss of income or revenue, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort or extracontractual liability (including negligence), breach of contract or otherwise, even if foreseeable.

 

This does not affect our liability for bodily or moral injury, or for material injury arising from intentional or gross fault, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

9.            Indemnity

 

You agree to indemnify, defend and hold harmless WADA and its and its officers, directors, employees, agents, suppliers, and third-party partners from any claims, liability or losses resulting from or in connection with any violation by you of these Terms.

 

10.          Third-Party Terms

 

WADA may from time to time include third party software (for example, open source software) in ADeL and such use may be subject to additional terms. Please contact WADA for further details.

 

ADeL may contain links to other sites that we do not own or operate, including social media websites. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise handle any personal information or data you provide to them.

 

11.          General

 

Termination

WADA may terminate these Terms at any time with immediate effect in the event of a breach of these Terms or if we choose, in our sole discretion, to cease to provide ADeL (in whole or in part). We will use reasonable efforts to notify you of any such action. You may terminate these Terms at any time by ceasing your use of ADeL and deleting your account. If your account is managed by a sport federation, national anti-doping organization or other organization and these organizations have made the use of ADeL to take and complete anti-doping courses a mandatory element of their anti-doping program, or a pre-requisite to participating in a particular sporting event, refusing to do so by ceasing your use of ADeL may prevent you from being able to compete in sporting events or otherwise participate in organized sport. These decisions are made and managed by the relevant organization in accordance with its anti-doping rules, and you should contact the relevant organization directly if you have questions. 

 

Survival

In the event these Terms terminate, the paragraphs 7 (Intellectual Property), 8 (Disclaimers and Limitation of Liability), 9 (Indemnity), 11 (Third-Party Terms) and 11 (General), and any other terms which by their nature survive termination, shall survive termination.

 

Severability

If any provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, provision will to that extent be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.

 

Third Party Rights

Other than as provided for in the “Third-Party Terms” section, no person other than you or WADA may enforce these Terms.

 

Entire Agreement

These Terms and all other legal notices or statements posted on ADeL constitute the entire agreement between WADA and you with respect to the use of ADeL.

 

Choice of Law and Disputes

Except where restricted or prohibited by applicable law of your domicile, residency or physical location: your use of ADeL and these Terms will be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, with the exclusion of its principles of conflicts of laws; and any dispute arising from or related to the use of ADeL or these Terms shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved in accordance with the Code of sports-related arbitration.

 

12.          Contact Us and Support

 

For support regarding ADeL, reach the ADeL team via the Contact Us messaging feature on the platform or at adel@wada-ama.org

 

For general inquiries regarding these Terms, you may also contact us at:

 

Stock Exchange Tower (Attn: ADeL)

800 Place Victoria (Suite 1700)

Montreal (Quebec) H4Z 1B7

Canada

 

Tel.:    +1 514 904 9232

Fax:    +1 514 904 8650

Email:  adel@wada-ama.org