Last updated - 24 January 2022
The World Anti-Doping Agency (“WADA”, “we”, “us”, “our”) leads a worldwide collaborative movement for doping-free sport. We are a private, not-for-profit foundation seated in Lausanne, Switzerland and headquartered in Montreal, Canada.
These Terms form an agreement between WADA and any person or entity browsing, accessing, or otherwise using our Platforms or Content (“you”, “your”). By using the Platforms or the Content, you (a) agree to be bound by and comply with the Terms as updated from time to time in accordance with Section 1, and (b) represent and warrant that you have reached the age of majority in your jurisdiction, have the capacity to enter into binding obligations, and that to your knowledge any information you supply to us through the Platforms is accurate, complete, and up to date. If you are using the Platforms or Content on behalf of another person or entity, you represent and warrant that you have the authority to bind such person or entity to these Terms. You represent and warrant that you have reached the age
1.Changes to these Terms and the Platforms
(a) Except where prohibited by applicable law, we reserve the right to change these Terms at any time by posting a new version to https://wada-ama.org/en/terms-conditions. It is your obligation to monitor the Platforms for any such changes. Your continued access to or use of the Platforms after any changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.
(b) We reserve the right to modify or discontinue the Platforms at any time, without notice, including any features or functionality of the Platforms. We may, at our discretion, suspend or terminate your access to or use of the Platforms or any their components, including for scheduled maintenance, if you violate any provision of these Terms, and to address any emergency security concerns.
2.Your responsibilities and User IDs
(a) To access certain features of the Platform, you may be required to successfully sign up for a user account and be issued with a username and password login credentials (together, your “User ID”).
(b) You will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.
(c) You are responsible for maintaining the confidentiality of your User ID, and for taking reasonable precautions to prevent the inadvertent or unauthorized disclosure or loss of your User ID.
(d) You are responsible for the activity that occurs under your User ID.
(e) We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing certain portions of the Platforms.
(f) You will notify WADA immediately using our online contact form if you become aware of unauthorized activity involving your User ID or any other breach of security relating to the Platforms.
3.User Content and Privacy
(a) You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable license to access, collect, store and use any works of authorship, documents, data, information, records or files that you load, transmit to or enter into, or that we collect from, the Platforms (collectively, “User Content”) for use in our programs. We may derive and produce aggregate data, information, or other materials from User Content that are not identified as relating to a particular individual or company (“Aggregated Statistical Information”).
(b) We are free to create, use and disclose Aggregated Statistical Information for WADA programs, including to improve the Platforms.
(c) We reserve the right to remove, edit, limit, or block access to the User Content at any time, and we have no obligation to display or review your User Content.
(e) You represent and warrant to us that your User Content will only contain Personal Information in respect of which you have provided all necessary notices and disclosures or obtained all applicable third-party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to permit your submission of such User Content to us.
(f) You agree to only upload and disseminate User Content to which you own all required rights under law and do so only consistent with applicable law.
(a) As between you and WADA, all intellectual property rights, title and interest in the Platforms, and all other materials or Content provided by us through the Platforms, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of WADA.
(b) The Platforms and all materials or Content provided by us hereunder are made available or licensed and not “sold” to you, and you have no rights in or to the Platforms other than the right to access and use the Platforms in accordance with these Terms.
(c) Any trademarks, graphics, logos, or other marks appearing on the Platforms or in the course of our provision of or your receipt of the services contemplated under these Terms, will remain the exclusive property of WADA.
(d) You agree that any suggestion or idea provided by you with respect to the Platforms (“Feedback”) will not be treated as confidential, and nothing in these Terms will restrict our right to use or otherwise exploit any Feedback, without compensation to you.
(e) All rights not expressly granted to you in these Terms are reserved by WADA.
5.Licence to the Platforms
Subject to your compliance with these Terms, WADA grants you a limited, non-exclusive, revocable, non-transferrable and non-sublicensable licence to access and use the Platforms for personal, non-commercial informative purposes only.
Your access to and use of certain functionalities provided in or through the Platforms may be subject to additional terms and conditions presented to you by WADA or its service providers. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms, then the provisions of such additional terms will govern to the extent of such conflict or inconsistency. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.
7.No Unlawful or Prohibited Use
You will not use the Platforms in violation of these Terms or of any applicable law. You will not, without our prior written permission, use the Platforms for any purpose other than to access and use the Content we make available through the Platforms. Without limiting the generality of the foregoing, you will not (and will not attempt to) directly or indirectly:
(a) send, upload, collect, transmit, store, use, post, publish or otherwise communicate on the Platforms any data, information, pictures, videos, audio or other materials or content that:
(i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish or otherwise communicate;
(iii) is false, intentionally misleading, or impersonates any other person;
(iv) is defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
(v) is harmful to minors in any way or targeted at minors;
(vi) 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); or
(vii) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(b) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or de-compile the Platforms or any part thereof or otherwise attempt to discover any source code;
(c) link to the Platforms 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;
(d) attempt to gain unauthorised access, or bypass any measures we may use to prevent or restrict access to the Platforms or any Content contained in the Platforms, the server on which the Platforms are stored, or any server, computer or database connected to the Platforms;
(e) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Platforms (e.g. denial of service attacks) or with any activity being conducted on or through the Platforms;
(f) remove, delete, alter, or obscure any trademarks, documentation, warranties, or disclaims, or any copyright, trademark, patent or other intellectual property rights notices of WADA or any third party supplier;
(g) publish, market, advertise, or in any way distribute Content without giving us appropriate credit for the Content;
(h) modify without our permission or sell the Content in any way;
(i) authorize, permit, enable, induce or encourage any third party to do the above.
We may suspend or terminate your access to the Platforms immediately if you breach any of the foregoing restrictions set out in this Section 7.
8.Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Platforms. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platforms.
The Platforms may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Platforms 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 the Platforms.
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties, conditions or representations. If these laws apply to you, some or all the exclusions or limitations in these terms (including the following disclaimers) may not apply and you may have additional rights.
You acknowledge, understand, and agree that the platforms are provided “as is” and “as available”, with all faults and without warranties or conditions of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the Platforms whether express, implied, statutory or collateral, including, without limitation, the warranties and conditions of merchantability, merchantable quality, compatibility, title, security, reliability, completeness, quiet enjoyment, accuracy, currency, timeliness, quality, integration, fitness for a particular purpose and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade, or that the platforms are or will be error-free or will operate without interruption. To the fullest extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to third party communications and any third party websites or content directly or indirectly accessed through the platforms.
11.Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability, extracontractual liability, or any other legal theory, for any direct, indirect, incidental, consequential, special, exemplary or punitive damages; or lost profits, loss of use, loss of data, failure to maintain the security and confidentiality of your User ID, personal injury, fines, fees, penalties or other liabilities, in each case, whether or not we were advised of the possibility of such damages, resulting from or related to the platforms or these terms.
For any other damages, or to the extent that the foregoing limitation is not permitted by applicable law, in no event will our total aggregate liability in connection with or under these terms, or your use of, or inability to make use of, the platforms, exceed $100 CAD. For greater certainty, the existence of one or more claims under these terms will not increase this maximum liability amount.
You agree to indemnify, defend and hold harmless WADA, our affiliates and third-party suppliers, and each of their and our respective officers, directors, employees, agents, suppliers, and any licensees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) your User Content; (b) your use (or the use by any third party using your User ID) of the Platforms; (c) your breach of any provision of these Terms or any documents referenced herein; or (d) your violation of any law or the rights of a third party (including intellectual property rights).
(a) These Terms will commence on the day you first use the Platforms and will continue for as long as you use the Platforms or until terminated in accordance with the provisions of these Terms. At any time, WADA may: (i) suspend or terminate your rights to access or use the Platforms; or (ii) terminate these Terms; if WADA in good faith believes that you have used the Platforms in breach of Section 7, have engaged in fraudulent activity, or have otherwise been in violation of these Terms. You may terminate these Terms at any time and with immediate effect by ceasing use of the Platforms and deleting any relevant account. For greater certainty, if you continue to use any publicly available portion of the Platforms after these Terms have been terminated, these Terms will continue to apply.
(b) The following Sections, together with any other provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive expiration or termination of these Terms for any reason: Sections 3 (User Content and Privacy), 4 (Intellectual Property), 6 (Additional Terms), 8 (Communications Not Confidential), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13(b) (Survival), 14 (Links and Third Party Terms), 15 (Malicious Code and Security), and 17 (General Provisions).
14.Links and Third-Party Terms
If a mobile application version of the Platforms is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, Apple) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
(i) You acknowledge these Terms are concluded between WADA and you, and not with Apple. The responsibility for the Platforms and content thereof is governed by these Terms.
(ii) Notwithstanding anything to the contrary hereunder, you may use the Platforms only on an iPhone or iPod touch that you own or control.
(iii) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Platforms.
(iv) In the event of any failure of the Platforms to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platforms (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platforms, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
(v) Any claim in connection with the Platforms related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
(vi) Any third-party claim that the Platforms or your possession and use of the Platforms infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defence, settlement and discharge of such intellectual property infringement claim.
(vii) You represent and warrant that you are not: (A) located in any 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; or (B) listed on any U.S. Government list of prohibited or restricted parties.
(viii) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Platforms in accordance with Section 18.
(ix) Apple is a third-party beneficiary to these Terms and may enforce these Terms against you.
(x) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
If a mobile application version of the Platforms is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, Google) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
(i) You acknowledge that Google is not responsible for providing support services for the Platforms.
(ii) If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
15.Malicious Code and Security
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Platforms are compatible with your computer system or that the Platforms, or any links from the Platforms, will be free of 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, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platforms.
You are prohibited from attempting to circumvent and from violating the security of the Platforms including without limitation: (a) accessing content that is not intended for you; (b) attempting to breach or breaching the Platforms’ security or authentication measures; (c) restricting, disrupting or disabling service to the Platforms’ users, hosts, servers or networks by any means, or (d) otherwise attempting to interfere with the proper working of the Platforms, including but not limited to by introducing any material that is malicious or technologically harmful.
WADA makes no representation that the Platforms are or will be available for use in all locations. The Platforms are not offered for, and you may not use or access them from, any jurisdiction where their use is not permitted. You are responsible for compliance with local laws of your jurisdiction.
If any provision of these Terms is determined by a court of competent jurisdiction to be void, invalid, unlawful or unenforceable to any extent, such provision will be severed from these Terms and the remaining provisions will remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
You will not assign these Terms to any third party without our prior written consent. We may assign these Terms or any rights under these Terms to any third party without your consent. Any assignment in violation of this Section 20(c) will be void. The terms of these Terms will be binding upon permitted assignees. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
(d) Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platforms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(e) Choice of Law and Arbitration
Except where restricted or prohibited by applicable law of your domicile, residency or physical location: these Terms will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, with the exclusion of its principles of conflicts of laws, and such laws apply to your access to or use of the Platforms. You will only use the Platforms in jurisdictions where the Platforms may lawfully be used. Except where restricted or prohibited by applicable law, you consent to any dispute arising out of or relating to the use of Platforms being submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved in accordance with the Code of sports-related arbitration.
For inquiries regarding these Terms, use our online contact form or reach us at:
Stock Exchange Tower
800 Place Victoria (Suite 1700)
Montreal (Quebec) H4Z 1B7
Tel.: +1 514 904 9232
Fax: +1 514 904 8650