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Last updated 22/07/2020.

ManHealth WebChat and Connect Service Terms and Conditions

Our Terms and Conditions

The following Terms and Conditions of Service (“Ts&Cs”) apply to all ManHealth Chat and Connect services (“Services”) provided by ManHealth.

By using the Services, you agree to be legally bound by these Ts&Cs, which shall take effect immediately on your first visit to our service. If you do not wish to be bound by these Ts&Cs, then you may not use our service.

ManHealth may change or replace these Ts&Cs at any time, without prior written notice to you, by posting changes online. Therefore, please review these Ts&Cs regularly.

Continued use of the Services after changes to the Ts&Cs are posted means you agree to be legally bound by the updated Ts&Cs.

Definitions

The term ‘ManHealth’ or ‘us’ or ‘we’ or ‘our’ refers to ManHealth.

The term ‘you’ or ‘your’ refers to you, the user / client.

Purpose

The purpose of the Services is to provide a safe place for men to share experiences and help them cope with the challenges of living with mental health problems.

Access to Services

ManHealth discourages ongoing dependency and so aims to limit contact with users to a maximum of one time per evening. This is not an ongoing arrangement and users attempting to access the Services more frequently, except in cases of emergency or extreme distress will be discouraged from ongoing use of the Services.

Whilst a level of abusive language is accepted, individual workers may ask a user to desist in the language if they find the language extreme and / or unacceptable. The worker may then end the contact.

Breaking confidentiality with consent

If a user of the Services presents with a cause for concern, defined as an imminent risk of death to themselves or someone else or with information pertaining to terrorism then this is in this instance ManHealth will pass on to emergency services personal data so that the individual subject of the cause for concern can be reached and assisted.

This data is only passed on to the Emergency Services.

The Emergency Services will record this information according to their policies and procedures, beyond the control of ManHealth.

Personal data which ManHealth collect can be used in the event of a complaint being made. It will only be used for the specific purpose of responding to the complaint and no further processing will be carried out.

Breaking confidentiality without Consent

In extremely rare cases, the Services may need to share personal information without gaining consent. This will be in situations where:

  • There is a legal requirement to provide information following receipt of a court order requiring us to share information or are required to do so by nation-specific legislation.
  • Information regarding an imminent act of terrorism or similar risk to the life of a third party
  • A user appears to be unable to give consent or become unconscious and they have told us where they are, allowing us to alert emergency services.
  • if a user shares information (such as location) which identifies a child or vulnerable adult who is at risk of serious harm
  • A user threatens the safety of the ManHealth staff or any other third person about whom the user makes specific threats of harm.

Sharing data

Data may be shared with trusted partners of ManHealth for the benefit of improving and developing the Services.

This includes funders and those involved in the development of ManHealth services.

It is a legal requirement for all UK organisations which have charitable aims to demonstrate that funds have been spent on charitable purposes.

Anonymised data is used to measure our impact and outcomes. It will never contain personal or identifying data.

This data is only used for the benefit of ManHealth’s work and is never shared or sold for commercial use.

We will only share the information you provide to us with other people or organisations in accordance with our Privacy Policy.

Potential charges for the service that ManHealth are not able to control

ManHealth does not charge for the use of the Services and any follow up calls are made at the expense of ManHealth.

The webchat is free to use unless accessed from a paid for, public internet facility.

Please be aware that if you are using the webchat service on mobile data, (e.g. via a mobile device or through tethering) charges may be incurred from mobile network providers.

The telephone number will not appear on itemised bills but may appear on a phone’s recently dialled numbers which can be cleared by the user if they are concerned about this being seen.

Your Rights

Under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) you have a number of rights with regards to your personal data which is only obtained in the situations outlined above regarding a cause for concern situation. You have the right to request from us access to and rectification or erasure of your personal data, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability.

If you have any concerns as to how your data is processed, you can contact us on 01388 320023.

For more information please see ManHealth’s Privacy Policy.

Age Limit

All users must be over 18 years of age

The ManHealth UK name, logo and strapline are copyright of ManHealth

Disclaimer

ManHealth is not a medical organisation and provides information rather than advice.

ManHealth does not accept liability for any inconvenience, harm, loss or damage arising from the use of our Services.

The Services have been created to provide men who are struggling with their mental health an opportunity to be listened to by someone who has a lived experience of mental ill-health. This peer support 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.

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

If any term of these Ts&Cs is illegal, invalid, or unenforceable for any reason, the remaining terms shall continue to be valid.

Exclusion of Liability

Nothing in these Ts&Cs excludes any liability to you we may have for death or personal injury arising from our negligence.

Waiver

No exercise, or failure to exercise, or delay in exercising any right or remedy by either us or you shall constitute a waiver by that party of that or any other right or remedy.

Governing Law

These Ts&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with these Ts&Cs or their subject matter or formation (including non-contractual disputes or claims).

Making a complaint

If you wish to make a formal complaint about the helpline you can contact ManHealth on info@manhealth.org.uk or write to ManHealth at Shildon Business Centre, DL4 2RF In order to respond to a complaint, it is necessary to know the name and contact details of the user. In these circumstances, personal data collected will be managed in line with ManHealth’s privacy statement.

Mediation

If at any time any question, dispute or difference whatsoever shall arise as to the formation, meaning, operation, validity or effect of the arrangement or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of the arrangement either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 14 days of such notice.

Arbitration

If an attempt at Mediation should fail then the dispute or difference shall be referred to the arbitration of a single arbitrator to be agreed upon by the parties within 14 days of the failure of such an attempt, or in default of such agreement, to be nominated by the President for the time being of the Law Society of England and Wales such arbitration to be conducted in accordance with the Arbitration Act 1996.

Severability

If any term or provision in the Ts&Cs shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of the Ts&CS and the enforceability of the remainder of the Ts&Cs shall not be affected.

Force Majeure

Neither party shall be liable to the other for delays in performance attributable to acts, occurrences, events or illnesses beyond the reasonable control of such party.

Headings

The headings in these Ts&Cs are for convenience only and are not intended to have any legal effect.

Third Party Rights

A person who is not a party to these Ts&Cs shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Ts&Cs.

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