Terms and Conditions for Researchers

1. THESE TERMS & CONDITIONS

1.1 What these terms and conditions cover. These are the terms and conditions on which you may use the Participate website.

1.2 Why you should read them. Please read these terms and conditions carefully before you submit your study to us as they contain important information about the Participate website.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are MQ: Transforming Mental Health, trading as MQ Mental Health Research. We are a registered charity in England and Wales (1139916) & Scotland (SC046075) and a registered company in England and Wales (7406055).

2.2 How to contact us. You can contact us by telephoning the MQ team at 0300 030 8100 or by emailing us at [email protected] or by post at MQ, 6 Honduras Street, London, EC1Y 0TH .

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your study application.

1. OUR CONTRACT WITH YOU

3.1 How we will accept your study. Our acceptance of your study will take place when MQ emails you to accept it, at which point a contract will come into existence between you and us. If we need more information from you, we will let you know. We will not be responsible for making the Participate website available to you if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

3.2 If we cannot accept your study. If we are unable to accept your study, we will inform you of this in writing. This might be because your study does not meet our selection criteria. This is at our discretion.

3.3 Availability of your study: We will publish your study on the Participate website for the duration agreed with you during the application process.

3.4 Participants. You will be responsible for selecting participants and ensuring they meet your study criteria. You will enter into direct arrangements with participants in relation to their involvement in your study and protection of their personal data.

3.5 Payment. Non-commercial studies can use Participate free of charge. For commercial studies fees apply. Please contact [email protected] for more information and rates.

1. YOUR RESPONSIBILTIIES

4.1 Co-operation. You will co-operate with MQ in all matters in relation to the Participate website. You confirm that the information you have provided to MQ in relation to your study is true, accurate and complete as at the date given and you will keep MQ updated of any changes. You confirm that your study meets and will continue to meet MQs selection criteria. You will be made aware of MQ’s selection criteria during the application process.

4.2 Compliance with all applicable laws. You will comply with all applicable laws and regulations with respect to your study and activities on or related to the Participate website.

4.3 Account security. You are expected to adhere to information security good practice, including but not limited to (1) not sharing your account information (2) choosing secure passwords.

4.4 Data Protection. For the purposes of applicable data protections legislation, we both acknowledge that we are data controllers and agree to comply with all applicable requirements of law in relation to data protection and privacy. You confirm that i) you have in place appropriate technical and organisational measures to ensure security of processing of personal data transferred to you under this contract and ii) You have, or shall obtain, all necessary appropriate consents and notices in place to enable lawful transfer of relevant personal data to you for the duration and purpose of this contract. If, in the opinion of MQ, it is appropriate and proportionate to do so, having regard to the nature and extent of any personal data that is or will occur in relation to this contract, then you shall enter into a data sharing agreement in a form to be provided by MQ. iii) You will ensure the prompt removal or destruction of any personal data that is not required by you without undue delay.

4.5 Indemnity. You shall defend, indemnify and hold us harmless against all claims, actions and proceedings, losses, damages and expenses arising out of or in connection with your use of the Participate website otherwise than in accordance with these terms and conditions.

1. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your study or end your study early please contact us. We will let you know if the change is possible.

1. SUPPLY OF THE PARTICIPATE WEBSITE

6.1 No warranty. We supply the Participate website to you on an “as is” basis. We do not warrant that your use of the Participate website will be uninterrupted, error or virus free.

6.2 Minor changes to the Participate website: we may make minor changes to the Participate website to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat.

6.3 Suspension. We may have to suspend the supply of the Participate website to deal with technical problems or make minor technical changes.

6.4 Disclaimer. The Participate website is intended to provide information and guidance on taking part in research and, as such, should not be considered as a substitute for professional advice covering any specific situation. Whilst we have taken every precaution in compiling the Participate website, we do not represent or warrant that the materials accessible via the website are accurate, complete or correct. MQ cannot be held responsible for any action (or inaction) taken by any person or organisation as a result of material accessed through the Participate website. MQ makes no warranty and as far as permissible by law, accepts no liability whatsoever with respect to any use which is made of the information or materials provided on the Participate website. In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from use, or loss of use, of data or profits arising out of or in connection with the use of the Participate website.

1. PROMOTION

MQ would be delighted if you would like to help promote the Participate website. If you wish to copy or use any material on the website, then please contact the team on [email protected].

1. OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We will remove your study from the Participate website. We are not liable to pay any compensation or otherwise to you by reason only of such termination and / or removal of your study.

1. GENERAL

9.1 Third party rights. No one other than a party to these terms and conditions shall have any right to enforce any of its terms.

9.2 Governing law. These terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

9.3 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or its subject matter or formation.

9.4. Changes to these terms and conditions. MQ reserves the right to make changes to these terms and conditions at any time.