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Last updated: March 10, 2020
Important note: If you use ADAMS in connection with your work or position at an anti-doping organization (ADO), anti-doping Service Provider/Delegated Third Party, or anti-doping laboratory that is authorized by WADA to use ADAMS, you must respect the terms of any applicable pre-requisite agreement governing your use of ADAMS (see Section 5) in addition to these terms. This includes protecting the confidentiality of the athlete information you process via ADAMS, only using and sharing it for purposes permitted under the Code and International Standards, and otherwise complying with the International Standard for the Protection of Privacy and Personal Information and any related policies of your organization.
The Anti-Doping Administration and Management System (ADAMS) is a centralized, free platform operated and managed by the World Anti-Doping Agency (WADA or we, our) and used by stakeholders. ADAMS supports clean sport by simplifying the daily activities of all stakeholders and athletes involved in anti-doping programs. It is built to be secure, to ensure anti-doping programs are coordinated and efficient, and to harmonize anti-doping practices around the world. ADAMS and its features are based on the rules of the World Anti-Doping Code (Code) and International Standards.
These Terms cover your use of ADAMS through any means, including web-based ADAMS, mobile applications (such as Athlete Central or DCO Central) or other software. In these Terms, a reference to ADAMS includes any software or documentation made available to you by WADA in connection with your use of ADAMS.
We reserve the right to change these Terms, or any aspect of ADAMS 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.
ACCOUNTS AND SECURITY
You may only access ADAMS with an activated, current and valid ADAMS account. Your access may be conditional upon a third party having an agreement in place with WADA (see the section Pre-requisites and Permitted Uses 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.
Some mobile devices allow you to use biometrics like fingerprints or facial recognition (any type of "Biometric Recognition") to unlock your device and assign the same recognition feature to ADAMS applications like Athlete Central. Because Biometric Recognition may only be assigned to the device and not to each individual user or application, you should only use Biometric Recognition to sign in to ADAMS mobile applications if you do not share your mobile device with anyone else.
You agree to notify WADA immediately of any unauthorized use of your account or any other breach of security relating to ADAMS of which you are aware.
ACCESS TO ADAMS, NOTICES AND SMS
WADA will use reasonable efforts to make ADAMS available but does not guarantee that access to ADAMS will be uninterrupted or error free. WADA may at any time suspend or terminate access to ADAMS, or modify or discontinue any feature of ADAMS without liability to you for any reason, including for security and maintenance purposes or for a violation of these Terms.
If we need to notify you of important information or updates regarding ADAMS or your ADAMS account, including information regarding maintenance windows, we will send these notices to you by e-mail or by posting notices or links on ADAMS itself.
If you use SMS-based features within ADAMS (such as two-factor authentication with SMS, or whereabouts submission via SMS), you agree to the transmission of the messages required for these features to function to and from the phone number you provide, and you acknowledge that standard message and data rates may apply.
DATA YOU PROVIDE
You are responsible for ensuring all information you submit to ADAMS, directly or through third parties, is truthful, accurate, up-to-date, and not misleading.
If you submit personal or other information about any third party as part of your use of ADAMS, 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 enable such information to be used by us for the purpose of our anti-doping activities in accordance with the Code and the International Standards.
You also agree that the information you submit and that others submit about you via ADAMS will be used and shared by WADA, anti-doping organizations and other authorized entities in the course of their respective anti-doping activities in accordance with the Code and the International Standards. This includes investigations and proceedings relating to anti-doping rule violations.
LICENCE TO USE ADAMS
Subject to your compliance with these Terms, WADA grants you a limited, non-exclusive, revocable, non-transferrable and non-sublicensable licence to use ADAMS for the sole purpose of fulfilling the requirements of the Code and International Standards in accordance with these Terms.
PRE-REQUISITES AND PERMITTED USES
Your rights to use of ADAMS will depend upon your user type as set out in the table below. If any relevant pre-requisite is not satisfied at any time, you may not use ADAMS. Generally, the Athlete Central mobile application is intended for use by Athletes. The DCO Central mobile application is intended for use by doping control officers.
If you use ADAMS in connection with your work or position at an anti-doping organization (ADO), anti-doping Service Provider/Delegated Third Party, or anti-doping laboratory, your use of ADAMS is also subject to the terms of the separate pre-requisite agreement entered into between WADA and the relevant organization and must be authorized by the organization.
As managed by the custodian ADO that creates the account.
Athletes may use any feature of ADAMS made available to them by the ADO that creates their account.
Agents & Doctors
As managed by the custodian ADO (of relevant athlete) that creates the account.
To submit information on behalf of an athlete (e.g. whereabouts or TUE information). May only use ADAMS as instructed by an athlete.
Agreement Governing the Use of ADAMS for ADOs
To fulfil obligations under the Code and International Standards.
Delegated Third Party
Agreement Governing the Use of ADAMS for Service Providers
To perform delegated aspects of an ADO’s anti-doping program. May only use ADAMS to perform the delegated services in accordance with mandate from an ADO.
Agreement Governing the Use of ADAMS for Laboratories.
To perform laboratory and athlete passport management unit (APMU) services for ADOs. May only use ADAMS for the purpose of such services in accordance with mandate from an ADO.
As managed by laboratory that creates the account.
To provide expertise as required by a laboratory or APMU.
NO UNLAWFUL OR PROHIBITED USE
You will not, without our prior written permission, use ADAMS 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 ADAMS or any part thereof or otherwise attempt to discover any source code;
- link to ADAMS 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 ADAMS or any data or materials contained in ADAMS, the server on which ADAMS is stored or any server, computer or database connected to ADAMS;
- disable, overly burden, impart, or otherwise interfere with servers or networks connected to ADAMS (e.g. denial of service attacks) or with any activity being conducted on or through ADAMS; or
- Use ADAMS other than as permitted by these Terms.
We reserve the right to report any breach of these Terms to the relevant law enforcement authorities and WADA’s policy is to cooperate with law enforcement, as appropriate, to ensure the security of ADAMS. This also may require that we disclose information relating to you to such authorities.
ADAMS may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop ADAMS and may take the form of bug fixes, enhanced functions, and completely new versions. You agree to receive such updates (and permit us to deliver these to you, including through the Apple App Store or Google Play) as part of your use of ADAMS.
As between you and WADA, all intellectual property rights, title and interest in ADAMS, non-personally identifiable information used to operate and manage the platform, feedback you provide to WADA in relation to ADAMS, 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 ADAMS-related feedback provided to WADA, and you have no rights in or to ADAMS other than the right to use ADAMS in accordance with these Terms. All rights not expressly granted to you in these Terms are reserved.
DISCLAIMERS AND LIMITATION OF LIABILITY
We do not guarantee or warrant that ADAMS is compatible with your computer system or that ADAMS 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 ADAMS, 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.
You agree to indemnify, defend and hold harmless WADA 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.
WADA may from time to time include third party software (for example, open source software) in ADAMS and such use may be subject to additional terms. Please contact WADA for further details.
This section only applies to you if you obtained an ADAMS app from Apple’s App Store (the “App”). You acknowledge that these Terms are between you and WADA only, not with Apple, and Apple is not responsible for the App or its content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. The license granted to you in these Terms is limited to use only on Apple-branded products and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third-party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
This section only applies to you if you obtain the App from Google’s Google Play. You acknowledge that Google is not responsible for providing support services for the App and, if any of these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement, the terms of such Google agreement will apply to the extent of such inconsistency or conflict.
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 ADAMS (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 ADAMS and uninstalling and deleting any relevant ADAMS mobile application. You may still be required to provide anti-doping-related information to anti-doping organizations, and such organizations may need to continue to process your information via ADAMS, if you wish to continue to participate in organized sport events and competitions subject to the World Anti-Doping Code.
In the event these Terms terminate, the paragraphs 8 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10 (Indemnity), 11 (Third-Party Terms) and 12 (General), and any other terms which by their nature survive termination, shall survive termination.
If any provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such 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.
These Terms, all other legal notices or statements posted on ADAMS, any applicable pre-requisite agreements (see Section 5) along with any relevant requirements of the World Anti-Doping Code and International Standards, constitute the entire agreement between WADA and you with respect to the use of ADAMS.
Choice of Law and Disputes
Except where restricted or prohibited by applicable law of your domicile, residency or physical location: your use of ADAMS 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 conflict of laws principles; and any dispute arising from or related to the use of ADAMS 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.
CONTACT US AND SUPPORT
For support regarding the submission of whereabouts or athlete user accounts, please contact your custodian anti-doping organization. For other technical support, contact the ADAMS Helpdesk at:
North America: 1 866 922 3267
International: +1 514 904 8800
For general inquiries regarding these Terms, contact us at:
Stock Exchange Tower
800 Place Victoria (Suite 1700)
Montreal (Quebec) H4Z 1B7
Tel.: +1 514 904 9232
Fax: +1 514 904 8650