Terms of Use

ANTIDOPING SWITZERLAND
TERMS OF USE OF THE WHEREABOUTS WEBSITE

Last amended: 7 September 2017

1. Applicability

The present Terms of Use govern the use by the athlete of the Whereabouts website and its associated databases (referred to collectively below as the "Website"). The Website is provided by the Antidoping Switzerland Foundation ("ADCH"), Eigerstrasse 60, 3007 Bern, Switzerland.


2. Access to the Website and to the user account

Technical access to the Website happens via the internet using an internet-enabled device and a network operator (internet or mobile network provider) of the athlete's choice.

Before the athlete can use certain areas of the Website, they are required to set up a password-protected user account ("Account").

By setting up an Account, the athlete agrees to ADCH contacting them regarding the Website via text message (SMS), email, or by other electronic means, to their mobile device or at their email address.


3. Term and termination

These Terms of Use apply from the athlete's first use of the Website (i.e. the time they accept them by logging on to this Website for the first time) until such time as they are revoked by ADCH.


4. Obligations on the part of the athlete

By setting up an Account, the athlete declares and warrants to ADCH and its partner organisations that all of the information that they provide to ADCH in connection with their use of the Website is correct and up to date.

The athlete hereby declares that they agree to treat all of their Account information, as well as their password, as confidential. They also undertake to take appropriate precautions on the devices used to access the website to minimise the risk of unauthorised access, and to notify ADCH immediately of any actual or suspected unauthorised use of their Account.

The athlete bears sole responsibility for all activity via their Account. Furthermore, they bear all of the consequences arising from the use of their identification data, and are responsible for any and all resulting loss or damage.

The password must not be easy to determine, and may not contain any elements such as a vehicle registration number, telephone number, simple sequences of numbers, date of birth, etc.

If there is reason to believe that an unauthorised third party has become aware of the password, it must be changed immediately.

The athlete is not entitled to assign, delegate or transfer their rights and obligations under these Terms of Use to any third party. Any apparent attempt to do so is invalid. The athlete may nonetheless ask trusted individuals to fulfil their obligations under the Terms of Use on their behalf, but remains responsible for the actions of those individuals. The athlete is responsible for ensuring that those they authorise to use the Website (their authorised agents) comply with all of the obligations set out above and below.

The athlete agrees to respect all intellectual property rights (copyright, trademark rights and licence rights, etc.) held by ADCH and its partner organisations, and not to infringe such rights.


5. Disclaimer and exclusion of liability

In providing its services, ADCH exercises the customary degree of care.

Technical access to the website is the responsibility of the athlete. ADCH accepts no liability for network operators (internet or mobile network providers), and rejects any and all liability for the hardware and software required to use the Website.

Furthermore, ADCH accepts no liability for loss or damage sustained by the athlete or their authorised agents as a result of transmission errors, technical faults, failures, malfunctions, unlawful interventions in telecommunication facilities and networks, network overloading, the deliberate blockage of electronic access by third parties, interruptions or other deficiencies.

ADCH endeavours to ensure that access to the website is as fault-free and uninterrupted as possible.

Under no circumstances is ADCH liable for consequential loss or for special, indirect, negligent loss of any kind, whether resulting from a breach of contract or on another legal basis, which is sustained in connection with accessing or using the Website or its content (or as a result of errors in accessing or using the Website for which the athlete is responsible). ADCH is not liable even if the athlete has been notified of the possibility of such loss or damage.


6. Data protection and online data security

ADCH takes reasonable and appropriate action, including encryption, to ensure that the athlete's personal information can be viewed only by those individuals for which it is intended.

However, the website is used via the internet, which is a public network accessible to all. ADCH is thus unable to guarantee that the personal information that the athlete has entered cannot be intercepted and decrypted by other parties. The athlete hereby agrees that ADCH is not liable for any security lapses which are not the result of gross negligence on the part of ADCH.


7. Data processing

The processing of the athlete's data is governed by the ADCH Data Processing Policy. By accepting these Terms of Use, the athlete agrees to the use and forwarding of their personal data and other information in accordance with the Data Processing Policy.

By using the Website and by filing information on this Website, the athlete agrees that this information may be used for legitimate anti-doping purposes, be that by Antidoping Switzerland or by other anti-doping organisations or national or international associations. This use covers all information that the athlete has provided or will provide in past or future filings with Antidoping Switzerland, and all documents which have been or will be provided to Antidoping Switzerland (including whereabouts filings, doping control forms, TUE documents and other filings).


8. Links to other websites

The Website may contain links to external websites operated by third-party providers. Such websites are beyond the control of ADCH.

ADCH is not responsible for the content of such linked websites or services. Whenever the athlete accesses an external website or external services via the present Website, they do so at their own risk. ADCH provides such links purely as a service to and for the convenience of the athlete. The inclusion of these links on the website does not mean, however, that ADCH is liable for the content or services of the aforementioned third-party sites. ADCH accepts no liability whatsoever for their content.

The athlete or, under certain circumstances, their authorised agent, is liable for the links inserted by them and their content.


9. Google Maps

The athlete is able to use Google Maps services from within the website. Any use of these services is governed by the Google Terms of Service and its Privacy Policy which are hereby incorporated by reference into the present Terms of Use. The athlete agrees to these Terms of Service and this Privacy Policy when they log on to the Website for the first time. ADCH accepts no liability whatsoever for their content.


10. Notifications

Communications in relation to whereabouts will, as a rule, be routed through the email address provided by the athlete in their Account settings. ADCH accepts communications from the athlete by email to the whereabouts@antidoping.ch email address.

The athlete may define any email address to receive notifications. Please note that the athlete is personally responsible for entering the correct email address. ADCH is not liable for email addresses that have been entered incorrectly.

ADCH is authorised to notify the athlete of any changes or of any other information by publishing it on the Website. The athlete undertakes to check the Website regularly for new notifications Where necessary, ADCH may also send information by email to the address given by the athlete in their Account settings. Such notifications may contain personal information and are sent via the internet in unencrypted form. The communication is deemed to have been delivered 24 hours after the change or the information has been posted online or sent by email.

Reminders sent by ADCH constitute no more than a service or convenience for the athlete. ADCH endeavours to send notifications in good time, but it cannot be ruled out that individual messages will not be sent or will be sent or received late. ADCH is not responsible for such missing or late messages, neither does it accept liability for them. Missing, delayed or incorrect information in relation to the athletes’ whereabouts cannot be justified by notifications that have not been received or have been received late.


11. General terms and conditions

(a) Right to amend the Terms of Use: ADCH reserves the right to amend the present Terms of Use at any time. Amendments to the Terms of Use will be announced by means of notification on the Website and do not need to be confirmed. The continued use of the Website after the amendments have been published is deemed to be consent to the additions, changes, adjustments or updates that have been made. The athlete is bound by such amendments.
(b) Right to amend the Website: ADCH reserves the right to add to, to amend, to adjust or to update the Website at any time without prior notice. Such changes to the Website will not be announced. They are deemed accepted by the athlete's continued use of the Website.
(c) Third-party beneficiaries: Within the meaning of these Terms of Use, ADCH's partner organisations are deemed to be third-party beneficiaries. They have the right to enforce regulations governing the services, content or software, as well as the intellectual property rights to the same for which they are authorised.
(d) Regulatory Statutes for Testing and Investigations: As a user of the Website, the athlete is subject to the ADCH Regulatory Statutes for Testing and Investigations (the "Regulatory Statutes" in German or French. In the event of inconsistencies between the present Terms of Use and the Regulatory Statutes, the Regulatory Statutes shall prevail.
(e) Severability clause: Should any provision of the present Terms of Use be or become wholly or partially invalid or unenforceable for any reason whatsoever, the validity or enforceability of the other provisions contained herein will remain unaffected. The other, valid or enforceable parts of the Terms of Use remain binding.

12. Applicable law and place of jurisdiction

All legal relations between ADCH and the athlete are subject to Swiss law. Notwithstanding mandatory legal venues, the sole place of jurisdiction in the event of disputes arising from the present Terms of Use is the city of Bern.


13.Final provisions

In the event of any discrepancies between the German and English versions of these Terms of Use, the German version shall prevail.