- General provisions
- Access to the website
- Sale of the testing service
- The right of withdrawal from the contract
- Information service
- Rights and obligations of the User
- Liability of the Administrator
- Privacy protection
- Complaint proceedings
- Final provisions
These Terms and Conditions specify the general conditions and manner of the of the services provided electronically by Medyczne Laboratoria Diagnostyczne Invicta Sp. z o.o. (Invicta Medical Diagnostic Laboratories – “MLD”), through the website https://testujemy.org/(hereinafter referred to as the “Website”) and states of testing in MLD mobile collection points:
- the rules for the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services;
- the rules of procedure for making distance sales by the Administrator, within the meaning of the act of 30 May 2014 on consumer rights.
User – any entity using the Website to which the Service Administrator provides services. –
Terms and Conditions – Terms and Conditions for the provision of services by the Service Administrator.
Website – means websites that are part of the https://testujemy.org/ domain through which the Administrator provides services and operates the Electronic Service.
Website Administrator – Medyczne Laboratoria Diagnostyczne Invicta (Invicta Medical Diagnostic Laboratories) Sp. z o.o. with its registered office in Sopot (81-740) at Polna 64
2. GENERAL PROVISIONS
A condition for the use of the Website is confirmation made by the User of reading the Terms and Conditions, accepting its provisions and undertaking to comply with them. Any complaints concerning the operation of the Website will be considered in accordance with the provisions of these Terms and Conditions.
3. ACCESS TO THE WEBSITE
The Website Administrator provides the following services electronically to the Users:
- the sale of a laboratory test service for the diagnosis of SARS-CoV-2 infections (hereinafter referred to as a test), provided basing on the rules specified in section 5 of the Terms and Conditions.
- the sale of testing services and their purchase by the Users to selected health care providers in terms of increasing access to tests for coronavirus SARS-CoV-2
- informative service, provided in accordance with the terms set out in section 7 of the Terms and Conditions, under which the User may report the need to conduct tests for medical professionals, for employees of his enterprise and report a desire to support financial project #testujemy.
5. SALE OF THE TESTING SERVICE
The conclusion of the contract of test sale occurs by completing the Application form for SARS-CoV-2 (COVID-19) detection test, available on: www.testujemy.org.
The information in the form should specify the true personal data of the patient who will take the test, and the date of the test (date and time). The person who completed the form shall be fully responsible for the veracity of the data entered in the form.
The User, after completing the form, is obliged to make the payment.
Payments need to be made immediately after the order is placed. In the absence of payment immediately after placing the order, the User is considered to have waived the contract.
The settlement of credit card and e-transfer transactions is carried out through Dotpay.pl.
After the payment, the User receives an e-mail message with CONFIRMATION OF REGISTRATION FOR SARS-CoV-2 (COVID-19) DETECTION TEST.
The User, on a selected date, drives by car or on foot with the ID, to take the test at a designated mobile or stationery collection point od MLD.
The user must prepare for the test according to the following rules:
- The swab should be taken after rinsing the mouth with boiled water or after about 3 hours after the last meal.
- Before taking the swab, do not brush your teeth, or use mouthwash, throat lozenges and chewing gum.
- The swab should be taken after at least 2-3 hours from the application of intranasal medicine e. drops, ointments, sprays.
- Do not rinse or blow your nose before taking the swab.
- Before taking the swab, it is recommended to remove movable dentures.
The result is available online within 24h–36h from taking the swab. As soon as the result of the test is ready, the User receives a message to the phone number specified in the form, with instructions and information on the place to retrieve the test results (www.medipoint.pl).
The user can get the result:
- Negative – negative test result (SARS-CoV-2 has not been detected). This means that the presence of the coronavirus has not been confirmed in the test sample. You are still recommended to take precautions and hygiene as usual.
A negative test result is not an absolute guarantee of the absence of contagion and should by no means be considered the sole criterion that proves the lack of infection.
- Positive – positive test result (SARS-CoV-2 has been detected). The presence of coronavirus in the test sample has been confirmed.
- Non-diagnostic – the sample is unsuitable for testing. Another sample should be collected and submitted for testing as soon as possible. There might have been some irregularity – for instance, the sample was not collected in accordance with the rules provided on the testujemy.org website. Next test is taking for free.
- Inconclusive – the result is at the threshold of the analytical sensitivity of the test. Another sample needs to be collected for testing within 24-48 hours after the original sample was collected.
The user may also, if he chooses and pays for such an option, to receive a certificate of the test result. The certificate in English is available at Medipoint.pl and is downloaded in the same way as the result. The deadline for issuing the certificate is up to 24 hours from the moment receving test result.
6. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
The User has the right to withdraw from the testing service contract without giving any reason, within 14 days from the date of the order, under the condition that the test has not been taken.
A withdrawal statement sent electronically (to: email@example.com) must come from the email address indicated in the form, otherwise it has no legal effect.
The form for the withdrawal statement is Annex 1 to the Terms and Conditions.
In the event of a withdrawal statement, such an agreement shall be deemed not to be concluded.
If the User makes a withdrawal statement, the Administrator will reimburse the payments within 14 days from the date of receipt of the withdrawal statement.
7. INFORMATION SERVICE
The Administrator uses the Website to provide information on the project #testujemy, which aims to increase access to specialised diagnosis of infections (hereinafter referred to as the Project) and to answer Users’ inquiries and applications.
The User may apply for participation in the Project or for a test. Filling out the application form involves sending a message to the Administrator via the Website. In order to use the service, the User fills out the application form and sends it electronically to the Administrator with the required contact details. The Administrator then contacts the User to provide information about the Project. The information service is free.
Free tests for health professionals is sponsored by the partners of the #testujemy project (not by the Website Administrator). According to the settlements with the foundation that is a partner of the project, the tests are performed for the benefit of the employees of public healthcare providers and care and treatment facilities. Free (sponsored by benefactors) tests cannot be performed for employees of the Website Administrator or their partners.
8. RIGHTS AND OBLIGATIONS OF THE USER
Users are obliged to enter the data in accordance with the actual state. Total and exclusive responsibility for the veracity and correctness of the data entered into the Website shall be borne by the User. The User is entitled to use the Website in accordance with applicable law, in respect of intellectual property rights. It is forbidden to provide unlawful content by the Users and to use the Website, or services provided by the Administrator, in a manner contrary to the law, good customs, violating the personal interests of third persons or the interests of the Administrator. The Users are completely liable for the content they enter as well as the damage caused by their conduct inconsistent with the above conditions.
Phone conversations with the Users are monitored and recorded for security reasons, for evidential purposes and for training or enhancing the quality of User service.
9. LIABILITY OF THE ADMINISTRATOR
The Website Administrator makes every effort to ensure that the data presented on the Website is complete, up-to-date and in accordance with the state of fact. However, the Website cannot fully guarantee that the data presented is error-free and therefore is not liable for the effects of using the presented data in making financial decisions by the User. The data published on the Website is only informative and does not constitute an offer within the meaning of the provisions of the Civil Code. The Website Administrator is not be liable for any damage suffered by the Users due to the interruption of access to the Website caused by force majeure, misaction, failures, including Internet failures, the User’s own hardware or software failures. The Website Administrator attaches great importance to guaranteeing the security of the use of the Website, but does not guarantee that the Website will be free from viruses and other items that may be the reason for the damage suffered by the User.
All rights (including, among others, property rights, intellectual property rights to the Website’s name, Internet domain, the Website, logos, documents, texts, graphics, layout, photos) are the property of the Website Administrator and can only be used in a way specified and complying with the Terms and Conditions. Copying, using and distributing of the Website is prohibited. The use of data from the Website for commercial purposes requires every written consent of the Website Administrator.
11. PRIVACY PROTECTION
12. COMPLAINT PROCEEDINGS
Any complaints regarding the Services can be submitted by email to: firstname.lastname@example.org The complaint filing should include the data of the person who makes the complaint (name, surname, address of residence, email address) and a description of the event that causes the complaint. The information about the results of the complaint proceedings will be provided to the User, via email, within 14 days from the date of the receipt of the complaint by the Website Administrator. The decision of the Website Administrator regarding the complaint is final and not eligible for appeal.
13. FINAL PROVISIONS
The Terms and Conditions and any amendments hereto enter into force on the date of publication on the Website. In matters not regulated by the Terms and Conditions, the provisions of the Civil Code and other relevant laws shall apply. Any disputes that may arise from these Terms and Conditions will be resolved by the General Court competent for the seat of the Website Administrator, and the law applicable to the settlement of any disputes is Polish law. The Website Administrator reserves the right to amend and modify the Terms and Conditions at any time, without the obligation to inform the Users. The use of the Website is treated as accepting all the amendments.
In matters not regulated in the Terms and Conditions the provisions of the Civil Code, the Act of 30 May 2014 on Consumer Rights, the Act of 18 July 2002 on the provision of electronic services will apply.