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Terms and conditions

Terms & Conditions

Elefriends.org.uk is a place for peer to peer support and discussions. The Site is moderated by Mind.

If you use the Site, you must comply with these Terms and Conditions.

Although you must read these Terms and Conditions in full, we think the most important points are:

  • You must be 18 or over to use the Site – some Content may not be suitable for younger people.
  • You must comply with our House Rules when you post Content to the Site – please help us keep this Site a safe place for everyone.
  • The Site is for peer support and advice; it should not be used as a substitute for professional advice. You should consult your doctor, or other relevant professionals, before making any decisions that could affect you or others.
  • The Site is moderated from 6am-9am, and 10am-2am. We will read every report within 24 hours.
  • Please use the report link for inappropriate Content, or message the Elephant about any inappropriate behaviour immediately.
  • If you break our House Rules, we may remove you and/or your Content from the Site immediately.
  • No advertising please - the Site is for personal use only.
  • We will only share the information you provide to us with other people or organisations in accordance with our Privacy Policy (below).

General

1.1 By using the Site you agree to be legally bound by these Terms and Conditions, which shall take effect immediately on your first use of the Site. If you do not wish to be bound by these Terms and Conditions, then you may not use the Site.

1.2 Mind may change or replace these Terms and Conditions at any time, without prior notice to you, by posting changes online. Please review these Terms and Conditions regularly. Continued use of the Site after changes to the Terms and Conditions are posted means you agree to be legally bound by the updated Terms and Conditions.

1.3 The purpose of this Site is to provide a safe forum for people to share experiences and help each other cope with the challenges of living with mental health problems.

Copyright

2.1 The Content on this Site is owned by Mind (The National Association For Mental Health) or third parties. No Content from this Site may be copied, used or reproduced without written consent, except where it is used for non-commercial personal use where no consent is required. Please send your written requests to use Content from the Site to elefriends@mind.org.uk .

2.2 The Mind and Elefriends name, logo and strapline are trademarks of Mind.

Disclaimer

3.1 Mind endeavours to make sure the Content it posts to the Site is accurate and up to date but does not accept any liability for error or omission in any Content on the Site (including user Content), or if you or any person or organisation relies on or uses that Content.

3.2 The moderators of this Site cannot pre-check the Content posted and therefore we make no claims as to the accuracy, integrity, timeliness or quality of such Content.

3.3 Mind is not a medical organisation and provides information rather than advice. Mind does not accept liability for any inconvenience, harm, loss or damage arising from the use or inability to use any of the information on this Site.

3.4 This Site facilitates peer support; it should not be used as a substitute for professional advice. You should consult your doctor, or other relevant professional, before making any decisions that could affect you or others.

3.5 Mind takes no responsibility for the Content of external websites and any such links to external websites on the Site should not be taken as an endorsement of any kind.

3.6 Mind shall not be liable for any loss or damage caused or alleged to be caused by your use of another Site or resource. Any concerns regarding any external link should be reported immediately using the report link.

Privacy policy

Data

4.1 Mind will only collect, process and store information we have openly collected from you or with your consent, in accordance with data protection laws. Your details will be held only by Mind and will not be made available to any third party, except as set out in these Terms and Conditions, where you provide your consent to us, where safeguarding or a mental health crisis is concerned where Mind's policies and procedures on safeguarding and mental health crises will be applied, or in the interests of developing and improving this Site.

4.2 The Site may email users about activity on the Site such as notifications or password resets. Mind may email users from time to time about the Site, for example, about improvements, developments or changes to these Terms and Conditions. Mind may also email users about opportunities, information or activities (of Mind or third parties), but where such contact is e-marketing, Mind will only do so where the user has provided his/her consent.

4.3 You can access and update information supplied by you by logging in with your user name and password.

Email

4.4 If you send information to Mind via email, please be aware that Mind cannot guarantee its security during transit. Once received, email information will be stored in accordance with data protection law.

Cookies

4.5 We use cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you come to our Site and also allows us to improve our Site.

4.6 We use the categorisation set out by the International Chamber of Commerce in their UK Cookie Guide (PDF 290kb). We use all four categories of cookies:

  • Strictly necessary cookies are essential for you to move around our Site and to use its features, like your account.
  • Performance cookies collect anonymous information about how you use our Site, like which pages are visited most. No information that identifies you is kept.
  • Functionality cookies remember choices you make to improve your experience, like your text size or location. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information we store is anonymous.
  • Targeting or advertising cookies collect information about your browsing habits in order to make advertising relevant to you and your interests.

4.7 You can opt out of all our cookies (except the strictly necessary ones). Find out how to control and delete cookies in your browser. But, if you choose to refuse all cookies you may not be able to use our Site properly. If you have any questions about how we use cookies, please contact us.

Security

4.8 We will take reasonable precautions to prevent the loss, misuse or unauthorised alteration of information you give us.

User conduct

5.1 Participation in, and use of, this Site is at your own risk.

5.2 All views and information, whether publicly posted or privately transmitted, by users are individual and not the views, policy or advice of Mind. You understand and acknowledge that Content is the sole responsibility of the person from which such Content originated.

5.3 The naming of health or care providers, legal services and/or their individual staff is not permitted on the Site, with the exception of posters where you have obtained prior consent to do so from Mind. In all other circumstances, Mind aims to remove such references, but has no obligation to do so.

5.4 The use of the Site for gathering information for surveys, articles and research studies, or similar, is not allowed unless prior written consent has been given by Mind.

5.5 This Site is for users over the age of 18 – some Content may be inappropriate for those under the age of 18. Users under the age of 18 will have their accounts removed and if you are under 18 you agree not to use the Site.

5.6 You agree not to participate in mischievous or malicious behaviour which causes damage or may cause damage to Mind or this Site, any other user of the Site, or any of the computer systems on which this Site resides.

5.7 By using this Site you agree to these terms and conditions. If you do not agree to these terms and conditions, you cannot use this Site and Mind reserves the right to prohibit you from using this Site.

5.8 You must keep secret any password you have and not let any other person or organisation use it. You must notify us immediately of any suspected misuse of your password.

5.9 Except as permitted in these Terms and Conditions, you may not alter the Site in any way or do anything that might or will damage or disrupt the good working order of the Site or our equipment or software.

5.10 If your access to the Site is terminated or suspended for any reason, you must not access the Site or create a new profile without our prior consent.

5.11 You must not post or upload any Content or use the Site in a way that breaches any law.

5.12 Mind does not guarantee that this Site will be uninterrupted or error free, or that the Site or your use of it will be free of viruses or harmful material. You are responsible for ensuring that your computer is suitable to use this Site.

Postings and messages

6.1 Content that is posted to this Site or otherwise included in its private messaging systems, including your choice of public name or id, must follow these conditions:

6.2 You agree that any information you provide or Content you post is true.

6.3 Content must not be obscene, defamatory or libellous, inflammatory, vulgar, discriminatory, harassing, sexually orientated, racial, political, hateful, threatening, in violation of any laws or good morals and practice, personally abusive or that brings or is likely to bring this Site or Mind into disrepute. You hereby undertake to indemnify and hold harmless Mind against all costs and expenses (including direct, indirect, special and consequential losses) from any such actions committed by you.

6.4 Content containing personal contact details (full names, email addresses/links, phone numbers, fax numbers or postal addresses) is not allowed.

6.5 It is acceptable to post Content containing personal endorsement of products and services that may be of benefit to others.

6.6 Content must not contain commercial advertising, and unsolicited messages for the purpose of advertising a product or service will be removed.

6.7 Content advertising items, whether for sale or donation, are not permitted on this Site. This includes offers of second-hand equipment or books.

6.8 Content must not be excessively repeated intentionally.

6.9 Content must not infringe or violate another party's rights (including, but not limited to, copyright and/or intellectual property rights, and rights of privacy and publicity).

6.10 Please do not post medical, legal or financial information in an advisory capacity. Mind aims to remove such Content, but has no obligation to do so.

6.11 Please keep any links that you post relevant to the discussion. Mind is not responsible for the Content of external Sites and may remove external links without further notice.

6.12 By submitting Content to the Site, you grant Mind a non-exclusive worldwide royalty-free perpetual non-revocable licence to use, distribute, adapt, modify, display, reproduce and transmit such Content in any and all media in the manner in whole or in part without any duty to account to you. You also grant Mind the right to allow/facilitate users of the Site to view and copy such information for personal use. If we do use your Content outside of the Site we will do so anonymously unless you have given us permission to use your name.

6.13 You agree not to post any chain letters, spam, or junk messages to other users or on the Site.

6.14 You agree to respect the privacy and wishes of those users who you have been privately messaging. You must not pass on details to third parties (except Mind) without permission.

6.15 By sending or receiving a private message you consent to that message being viewed by Mind or its representatives, where Mind have been notified of a problem or a breach of these Terms and Conditions.

Moderation

7.1 The Site will be moderated on weekdays and weekends from 6am-9am and 10am-2am. The Site may be moderated for limited hours during public holidays. We will read every report within 24 hours.

7.2 Please use the report link for inappropriate Content, or message the Elephant about inappropriate behaviour immediately.

7.3 Mind has the right, but no obligation, to remove, edit, move or close any Content, posts, message or group of messages for any reason at any time.

7.4 Mind has the right to modify or delete any or all information relating to a user, including closure of that user's account, without prior notice or reason at any time.

7.5 Any removal or banning of a visitor from anywhere within the Site is binding and the decision is final. No correspondence will be entered into, nor will forum managers or moderators be obliged to provide an explanation of their decision.

7.6 Posts discussing moderators' decisions on the Site will be removed. It is ok to talk about the Elephant but Elefriends who wish to discuss any decision made by a Handler should contact the moderating team elefriends@mind.org.uk.

7.7 Mind is not obliged to enter into any correspondence with those who wish to challenge moderation decisions made in relation to Content on this Site or its removal. In cases of dispute, please follow Mind's complaints procedure by emailing elefriends_manager@mind.org.uk . The decision of Mind shall be final.

7.8 Where a breach of these Terms and Conditions occurs Mind reserves the right to take such action as it sees fit. If your use of this Site, uploading of Content or breach of these Terms and Conditions creates losses for Mind, you will compensate Mind for all its losses (including direct and indirect losses, consequential and special damages, all costs and other damages in accordance with 6.3 above).

General

8.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.

8.2 If any term of these Terms and Conditions is illegal, invalid, or unenforceable for any reason, the remaining terms shall continue to be valid.

8.3 These Terms and Conditions and your use of this Site are governed by English law and you are subject to the non-exclusive jurisdiction of the English courts.

8.4 Except in respect of a payment obligation to Mind, neither you nor Mind will be held liable for any failure to perform any obligation to the other due to causes beyond either our or your reasonable control.

8.5 Failure or delay by either party to enforce an obligation or exercise a right under these Terms and Conditions shall not be a waiver of that obligation/right.

8.6 These Terms and Conditions do not confer any rights on any person or party (other than you and/or Mind) under the Contracts (Rights of Third Parties) Act 1999.

Exclusion of Liability

9.1 Mind hereby excludes all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising in connection with:

  • your use or inability to use the Site;
  • any unauthorised access to or alterations of information provided by you;
  • your use of any third party Sites (including without limitation those that may be connected by hyperlink to this Site);
  • any arrangements entered into with any third party in connection with any information provided by or in connection with this Site;
  • the inaccuracy, incompleteness or tardiness of any information supplied through the service other than, in each case, any liability in respect of death or personal injury.

9.2 If Mind is liable to you for any reason, our liability will be limited to £200.

9.3 Nothing in these Terms and Conditions excludes any liability to you we may have for death or personal injury arising from our negligence, for which no limitation applies.

Notice and Contact

10.1 All contact or notices to be given in relation to these Terms and Conditions or your use of this Site shall be given:

  • to us via email to elefriends@mind.org.uk; or
  • to you, via these Terms and Conditions or the email address you provide when signing up to the Site (or later update).

10.2 Notice will be deemed received when an email is received in full.

Definitions

11.1 'this Site' and 'the Site' refers to all Internet pages in the Elefriends.org.uk domain.

11.2 'Mind' includes the registered charity Mind (details given below) any person or organisation engaged by Mind (including as its agent/contractor) in any part of the design, development, operation, marketing, promotion or other similar aspects of this Site.

11.3 'user', 'you' and 'elefriend' refer to any person viewing or interacting with this Site.

11.4 'Content' refers to any text, post, message, photograph or other image presented on this Site to one or more users by either Mind or users, including private messages.

11.5 'moderator' and 'Handler' refers to any person from Mind moderating the Site.

11.6 'Terms and Conditions' refers to these Terms and Conditions, including the House Rules and Privacy Policy, as updated or amended from time to time.

If you have any comments, please email elefriends@mind.org.uk

Mind (The National Association For Mental Health) is a company limited by guarantee registered in England and Wales under number 424348 and registered charity number 219830.

Last updated: 19 July 2016