Marketplace is digital platform operated by Mind’s Workplace Wellbeing team. Its main purpose is to sell and provide workplace wellbeing products and services to businesses (employers and their employees).
Marketplace is managed by Mind. If you use Marketplace, you must comply with these Terms of use. Although you must read these Terms of use in full, we would like to draw your specific attention to the following:

General

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

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

1.3 The purpose of this Platform is to promote, sell and provide workplace wellbeing products and services to businesses (employers and their employees). The platform supports online sales of our products such as, eLearning, staff surveys, policy reviews.

Copyright

2.1 The Content on this Platform is owned by Mind (The National Association for Mental Health). No Content from this Platform may be copied, used or reproduced without written consent. Please send your written requests to use Content from the Platform to [email protected]

2.2 The Mind logos and strapline are the intellectual property of Mind.

Disclaimer

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

3.2 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 Platform.

3.3 This Platform 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.

3.4 Mind takes no responsibility for the Content of external websites and any such links to external websites on the Platform 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 the Platform or resources appearing on the Platform. 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. Confidentiality is fundamental to Mind’s services. However, there are some exceptional circumstances where we may pass on information, such as, if a user is at serious risk of harm, either from themselves or others, or if a user threatens or abuses our moderators, staff or other users.

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 of use. You agree to provide your consent to us to share your information with a third party:

• where safeguarding or a mental health crisis is concerned (where Mind’s policies and procedures on safeguarding and mental health crises will be applied),
• for learning and surveying purposes, or
• in the interests of developing and improving this service.

4.2 Mind may email users about activity on the Platform such as notifications or password resets. Mind may also email users from time to time about the Platform, for example, about improvements, developments or changes to these Terms of use. Mind may also email users about user surveys relating to your experiences of the Platform, opportunities, information or activities of Mind, but where such contact is e-marketing, Mind will only email users where the user has provided their 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

For further information about cookies, please read section 11 of Mind’s privacy and cookies policy.

Security

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

User conduct

5.1 This Platform is for users aged 18 and over.

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

5.3 By using this Platform you agree to these terms of use. If you do not agree to these terms of use, you cannot use this Platform and Mind reserves the right to prohibit you from using this Platform.

5.4 You must keep secure 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.

5.5 You may not alter the Platform in any way or do anything that might or will damage or disrupt the good working order of the Platform or software.

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

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

5.8 Mind does not guarantee that this Platform will be uninterrupted or error free, or that the Platform 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 Platform.

Managing the platform

6.1 The Platform is managed by the Workplace Wellbeing team from 9am – 5pm 5 days a week, excluding bank holidays and Mind days.

6.2 Mind has the right to modify or delete any or all information relating to a product.

General

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

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

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

7.4 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.

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

7.6 These Terms of use 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

8.1 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 Platform;
• 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 Platform);
• any arrangements entered into with any third party in connection with any information provided by or in connection with this Platform;
• 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.

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

8.3 Nothing in these Terms of use 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

9.1 All contact or notices to be given in relation to these Terms of use or your use of this Platform shall be given:

• to us via Marketplace ‘Contact us’
• email to [email protected]

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

Definitions

10.1 ‘this Platform’ and ‘the Platform’ refers to all pages on the Workplace. Mind ‘Marketplace’ domain.

10.2 ‘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 Platform.

10.3 ‘user', ‘you’ and ‘client’ refer to any person viewing or interacting with this Platform.

10.4 ‘Content’ refers to any copy, message, photographs or other images presented on this Platform to one or more users by either Mind.

10.5 ‘manager’ refers to any person from Mind who are contracted to manage the Platform during working hours.

10.6 ‘Terms of use’ refers to these Terms of use and Privacy Policy, as updated or amended from time to time.

If you have any comments, please contact us via Marketplace.

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.