USER TERMS OF MINU.SYNLAB.EE LABORATORY SERVICES
These user terms (User Terms) govern the rights and obligations of SYNLAB Eesti OÜ (Service Provider) and of a person who has created a user account (Client) at the website minu.SYNLAB.ee (Web Environment) in the use of the user account created in the Web Environment (User Account) and in the provision of laboratory services ordered through the Web Environment (Laboratory Service).
1 CONTENT OF LABORATORY SERVICE
1.1 The content of the Laboratory Service is the testing of biological material obtained from a human body (Sample) and interpretation of the test results according to the particular Laboratory Service ordered by the Client. For the purposes of these User Terms, the Laboratory Service also covers consultation services ordered through the Web Environment, with the exception of the part relating to the giving, processing, testing or delivery of testing results of a Sample, to which the provisions covering Laboratory Services are therefore not applicable. Under these User Terms, Laboratory Services can be ordered through the minu.SYNLAB.ee website only for a Client himself/herself, except the Health Risk panel for a child, which can be ordered for persons of 0–14 years of age for whom the Client is a legal representative (Other Sample Donor).
1.2 The Laboratory Service is a health service and the Service Provider is a provider of health services. By this agreement, the Client gives his/her consent to the provision of the Laboratory Service as a health service by the Service Provider. The Laboratory Service does not consist in the diagnosing of illnesses or provision of health care. The Service Provider advises the Client to consult a doctor about the results of the Laboratory Service.
1.3. The Service Provider confirms that it has all the permissions, licenses and registrations required for the provision of all the offered Laboratory Services and it meets all the other requirements arising from the legislation. The Service Provider is accredited by the Estonian Accreditation Centre and complies with the ISO 15189 standard. The Service Provider follows the clinical guidelines approved by the Estonian Association of Laboratory Medicine.
1.4 The Service Provider confirms that it will take the necessary measures to assure the quality of the Laboratory Services provided. The Service Provider shall take all reasonable efforts to ensure that the results of the Laboratory Service are accurate and true. Regardless of the efforts of the Service Provider, it is impossible to fully eliminate the risk that the information on the health status of the Client (or Other Sample Donor) provided by the Service Provider to the Client under the Laboratory Service may be inaccurate or untrue.
1.5 The Service Provider shall keep confidential the information revealed to the Service Provider concerning the Client (and Other Sample Donor) in the course of providing the Laboratory Service and shall process such information only under the conditions provided in the User Terms. The Service Provider shall comply with all the data protection obligations arising from legislative requirements and shall sign agreements on personal data protection and confidentiality with its employees, contractors and other persons who may have access to the personal data provided by the Client (and Other Sample Donor). The Client has all the rights of a data subject arising from law.
1.6 If any biological material of a Sample is left over after the provision of the Laboratory Service, the Service Provider may conduct investigations of the biological material, including for research purposes, provided that the biological material cannot be identified as originating from a particular person and the requirements for personal data processing are not violated.
2 GIVING A SAMPLE
2.1 If a blood sample is required to provide an ordered Laboratory Service, the Client (or other Sample Donor) shall visit one of the locations listed in the Web Environment (Service Point) to give a blood sample. If a urine and/or faeces sample is required for the provision of a Laboratory Service, the Client shall deliver to the Service Provider a Sample taken by the Client himself/herself.
2.2 A blood sample shall be taken at a Service Point by the Service Provider or a third party duly authorised by the Service Provider. The Client (or Other Sample Donor) shall visit a freely chosen Service Point for giving a Sample within 1 (one) month after paying for the Laboratory Service. A Sample shall be taken at the Service Point during the opening hours of the respective Service Point based on a queue. The Client (or Other Sample Donor) shall present an identity document when giving a Sample at a Service Point. If the Client (or Other Sample Donor) fails to visit a Service Point to give a Sample within 1 (one) month of payment for the Laboratory Service or fails to present an identity document at the Service Point, the Laboratory Service ordered by him/her shall not be provided and the payment made for the Laboratory Service shall not be refunded.
2.3 For giving a urine and/or faeces sample, the Client (or Other Sample Donor) shall obtain the necessary means from a pharmacy or Service Point, perform the operations required for taking a Sample, and deliver the Sample to a Service Point within 1 (one) months of paying for the Laboratory Service. If the Client (or Other Sample Donor) fails to deliver a Sample to the Service Provider within 1 (one) month of payment for the Laboratory Service, the Laboratory Service ordered by him/her shall not be provided and the payment made for the Laboratory Service shall not be refunded.
2.4 The Client shall comply with the guidelines for giving a Sample. The Service provider shall not be liable for breach of its obligations if the breach is due to the failure of the Client (or Other Sample Donor) to comply with the guidelines for giving a Sample.
3 USER ACCOUNT
3.1 A User Account shall be created for the Client for using the Laboratory Service. A User Account is created automatically when the Client logs in for the first time, using the identification details presented upon login. Through the User Account the Client can order Laboratory Services and view the results of Laboratory Services. The creation of a User Account is free of charge and the Client can create it himself/herself in the Web Environment. In order to access the User Account, the Client shall be identified using an ID card, Mobile ID or, alternatively, through the Internet bank or in another manner accepted by the Service Provider. To use the User Account, the Client shall grant his/her consent to the Service Provider to the use of both temporary and permanent cookies.
3.2 When creating a User Account, the Client shall enter his/her e-mail address and telephone number. The e-mail address of the Client is necessary for the Service Provider to inform the Client of any notices that have arrived on the User Account. The Client agrees to renew his/her e-mail address linked to the User Account as necessary.
3.3 The personal information provided by the Client to the Service Provider shall be only used for fulfilling an order, unless the Client has granted his/her consent to the use of his/her personal data.
4 ORDERING LABORATORY SERVICES, CARD PAYMENTS AND SECURITY
4.1 To order a Laboratory Service, the Client shall choose a Laboratory Service suited to him/her through the Web Environment and pay for the chosen service through the Internet bank.
4.2 The Client shall pay the Service Provider a fee for the ordered Laboratory Services according to the price list for Laboratory Services as presented in the Web Environment. The price of the Laboratory Service set out in the price list is based on the prices set in the Estonian Health Insurance Fund’s list of health services. The price list of the Service Provider may change from time to time. The version of the price list applicable at the moment of ordering the Laboratory Service shall be applied upon making a payment.
4.3 If the Client (or Other Sample Donor) has not given a Sample yet, the Client may withdraw from a Laboratory Service ordered by submitting an unambiguous withdrawal request to the Service Provider within 14 days of paying for the Laboratory Service. The Client can submit a withdrawal request to the Service Provider only via the e-mail address indicated in clause 9.9, except in the event provided in clause 7.2 of the User Terms. To submit a withdrawal request, the Client may use the standard withdrawal request form provided in Annex 1 to the User Terms, except in the event provided in clause 7.2 of the User Terms.
4.4 If the Client withdraws from the ordered Laboratory Service under clause 4.3 of the User Terms, the amount paid by the Client for the Laboratory Service shall be reimbursed without delay, but not later than within 14 days of receipt by the Service Provider of the withdrawal request referred to in clause 4.3.
4.5 The Service can be paid for using an Internet bank link (Danske Bank, Swedbank, SEB and Nordea) or a Visa/MasterCard credit card.
4.6 When using an Internet card payment (Visa, MasterCard), the Client shall be forwarded for payment to the Nets Estonia AS secure environment after placing an order. There will be a pre-completed payment order including the amount to be paid. Nets Estonia shall authorise the transaction in the Client’s bank after the entry of the number, security code (3-digit number on the back of the card) and expiry date of the card. Card details are collected using the SSL security protocol and the MasterCard SecureCode and Verified by Visa security programmes, which ensure that unauthorised persons cannot overhear or modify the information being exchanged. At the moment payment is made, the card holder’s card details are entered by the card holder into the database located on the server of Nets Estonia and the data are also stored in Nets Estonia.
4.7 Whether paying though a bank link or by credit card, the Client shall be directed to an encrypted and secure payment environment. The payment details shall be stored in the server of the bank or Nets Eesti AS, respectively, and the Client’s and card details shall not be forwarded to the Service Provider.
5 DELIVERY OF LABORATORY SERVICE RESULTS
5.1 The Service Provider shall make the results of the Laboratory Service ordered by the Client available to the Client through the User Account within the term specified for the panel or on the test information sheet after giving a Sample. If the Client has made the respective choices in his/her User Account settings, the Service Provider shall notify the Client of the arrival of the test results to the User Account by e-mail and/or SMS.
5.2 Pursuant to the applicable requirements, the Service Provider also must forward the results to the Health Information System. The Client can access the data on the Health Information System on the website https://www.digilugu.ee. The Client shall have all the rights arising from the Personal Data Protection Act with respect to the data stored in the Health Information System, including the right to make the data unavailable to anyone.
5.3 If it becomes evident during the testing of a Sample that the Sample does not allow for the provision of the Laboratory Service ordered by the Client, the Service Provider shall inform the Client thereof by e-mail. The Service Provider shall briefly explain the content of the unsuitability of the Sample through the Client’s User Account. If the Sample is unsuitable for reasons due to the Service Provider, the Service Provider shall provide the same Laboratory Service to the Client again free of charge.
6.1 A Laboratory Service ordered through a User Account shall be considered reviewed and unconditionally accepted unless the Client sends the Service Provider a complaint on the results of the Laboratory Service within reasonable time of making the results of the Laboratory Service available to the Client through the User Account. The Client shall file a complaint to the Service Provider using the e-mail address specified in clause 9.9 of the User Terms. In the complaint, the Client shall specify which Laboratory Service result the complaint concerns.
6.2 If the Sample of the Client (or Other Sample Donor) is still suitable for testing at the moment of receipt of the complaint and the following working day, and the complaint is justified, the Service Provider shall perform a new test for the indicator referred to in the complaint free of charge and make the results of the new test available to the Client through the User Account.
6.3 To enable the Service Provider to conduct a repeat test of a Sample if necessary, the Service Provider advises the Client to file any complaints as quickly as possible. As a rule, Samples are stored for up to 7 (seven) days. In some cases the Samples are stored longer and in some cases the Samples are not stored at all.
7 DOCTOR’S CONSULTATION
7.1 To select a suitable Laboratory Service, the Client may order the service of a doctor’s consultation (Doctor’s Consultation). To order a Doctor’s Consultation, the Client shall choose a doctor, time, type of consultation (visit or phone consultation) and place through the Web Environment and pay for the ordered service in the Internet bank.
7.2 After agreeing on the time of a Doctor’s Consultation, the Client may still change the time or cancel the consultation, but not later than 24 hours before the agreed time. The Client may change the time of the consultation by logging into his/her User Account. A Client may also cancel a Doctor’s Consultation by informing the Service Provider thereof by calling the Service Provider’s phone number 17124 within 14 days of paying for the service. If the Client cancels a Doctor’s Consultation, the amount paid by the Client for the Laboratory Service shall be refunded without delay, but not later than within 14 days of notifying the Service Provider.
7.3 A Doctor’s Consultation shall take place on the premises of the Service Provider at Veerenni 53a, Tallinn; Teguri 37b, Tartu, or Jaama 34, Jõhvi. If the Client does not arrive for the Doctor’s Consultation by the agreed time and has not changed the agreed time pursuant to clause 7.2 of the User Terms, the service shall not be provided to the Client and the amount paid for the service shall not be refunded.
8.1 The Service Provider shall only be liable for the wrongful breach of its obligations in providing the Laboratory Service.
8.2 The Service Provider may involve other service providers in the provision of Laboratory Services while being liable to the Client for the activities of such other service providers in the same manner as for its own activities.
8.3 The Service Provider shall not be liable for the breach of its obligations if the breach is due to the failure of the Client (or Other Sample Donor) to comply with the guidelines for giving a Sample.
8.4 Supervision over the provision of the Laboratory Service is conducted by the Health Board, registry code 70008799, Paldiski mnt 81, 10619, Tallinn, phone 6943500, e-mail firstname.lastname@example.org. In the event of complaints against the Service Provider, the Client may file a relevant complaint or application to the Health Board. More information on the filing of a complaint or application is available on the Health Board website.
9 ADDITIONAL INFORMATION
9.1 These User Terms shall enter into force from the moment when the Client has paid for the ordered Laboratory Service and the payment has been received in the bank account of the Service Provider.
9.2 The provider of services provided through the Web Environment is SYNLAB Eesti OÜ, registry code 11107913, address Veerenni 53a, 11313, Tallinn, e-mail SYNLAB@SYNLAB.ee.
9.3 The Service Provider provides Laboratory Services through the Web Environment. A detailed description of the Laboratory Services is presented in the Web Environment.
9.4 The prices of Laboratory Services ordered, including taxes and other price components and their amounts are shown on the “Cart” page of the Web Environment.
9.5 The procedure for the provision of and payment for Laboratory Services and the procedure for entering into this agreement is presented in the User Terms as well as on the “About the Service” page of the Web Environment.
9.6 The offers and prices indicated by the Service Provider in the Web Environment are valid until published and not otherwise indicated in the Web Environment.
9.7 The Service Provider has the right not to provide the Laboratory Service ordered by the Client if the Client fails to comply with the procedure provided in the User Terms.
9.8 Before paying for a Laboratory Service, the Client may check the information entered upon ordering the Laboratory Service and make changes in the information if necessary.
9.9 In the event of questions and feedback on the use of the User Account and on Laboratory Services, the Client may contact customer service by calling 17124 (Mo–Fr 8 a.m. – 6 p.m. GMT +2) or by e-mailing minu@SYNLAB.ee. The Service Provider shall reply to the Client’s e-mail Mo–Fr within 24 hours of receipt of the e-mail.
9.10 The Service Provider offers the option of signing the User Terms and provides Laboratory Services in the Estonian language.
9.11 All the rules followed by the Service Provider in the provision of Laboratory Services are published in the User Terms and the Web Environment.
9.12 The Client may file any complaints relating to Laboratory Services to the Service Provider using the e-mail address specified in clause 9.9 above, unless otherwise agreed between the parties.
10 AMENDMENT OF USER TERMS AND SETTLEMENT OF DISPUTES
10.1 The Service Provider may unilaterally amend the User Terms by publishing the amended User Terms in the Web Environment. Each order for Laboratory Services placed by the Client shall be subject to the User Terms in force at the moment of ordering the particular Laboratory Service.
10.2 Any disputes arising from performance of this agreement shall be settled by the parties by way of negotiations. The place of jurisdiction shall be the Harju County Court. The laws of the Republic of Estonia shall govern this agreement.
Standard form for withdrawal from a distance agreement signed outside business premises
(Complete and return this form only if you want to withdraw from the agreement)
– To: SYNLAB Eesti OÜ, registry code 11107913, address Veerenni 53a, 11313, Tallinn, e-mail SYNLAB@SYNLAB.ee.
— Hereby I/we withdraw (*) from the agreement, the object of which is the following thing (*) / service (*)
— Date of order (*) / date of receipt of thing (*)
— Name of consumer / names of consumers
— Address of consumer / addresses of consumers
— Signature of consumer / signatures of consumers (only if this form is submitted on paper)
(*) Cross out what is irrelevant.