Terms of the quick view of tests results service

I. General provisions

  1. INVICTA Sp. z o.o. [limited liability company], hereinafter referred to as Service Provider, pursuant to Article 8.1(1) of the Act of 18 July 2002 on electronic services (Polish Journal of Laws 2016.1030, as amended), introduces the present Terms of Service for the Quick View of Test Result service provision, hereinafter referred to as “Terms”.
  2. The Terms define technical conditions and rules for the Quick View of Test Result service provision by the Service Provider to Service Users by electronic means, in particular through the website www.medipoint.pl, hereinafter referred to as Website.
  3. By starting to use the Quick View of Test Result Service, the Service User fully agrees to be bound by these Terms. Each Service User is bound to observe the Terms from the moment of typing the address of the website, through which the Quick View of Test Result Service is to be provided, in the Internet browser.

II. Definitions

  1. Service Provider - INVICTA Spółka z o. o. [limited liability company] with the registered office in Gdańsk, ul. Trzy Lipy 3, 80-172 Gdańsk, entered in the National Court Register [KRS] under number 0000126605, e-mail address: invicta@invicta.pl;
  2. Service User (Patient) - any person who uses the Quick View of Test Result Service;
  3. The Quick View of Test Result Service, also referred to as Service – a service performed by the Service Provider without Parties being physically present by transmitting data upon individual request of the Service User, transferred and received by telecommunications systems, which is fully sent, received, or transmitted through public telecommunications networks as defined in the Act of 16 July 2004 – Telecommunications Law (Polish Journal of Laws 2014, item 243, as amended), hereinafter referred to as Telecommunications Law Act;
  4. ICT system - a set of cooperating IT devices and software, which enables processing and storing, as well as sending and receiving data through telecommunications networks by means of a telecommunication network termination point, appropriate for each type of network, as defined in the Telecommunications Law Act;
  5. Internet - connection with a server offering the Quick View of Test Result Service through the Internet.
  6. Authentication - the process of verifying Service User’s authorisations to use the Service, based on details provided by the Service User (date of birth, order number and type of the test requested).

III. Service Provision

  1. The Service Provider offers the Quick View of Test Result Service which consists of providing access to test results upon individual request of the Service User, as part of a test service order. The Service is available on the Website, where, after successful Authentication, access to test results is possible.
  2. The Service is provided in accordance with legislation in force, including in particular the provisions of:
    1. the Act of 6 November 2008, about Patients’ Right and the Commissioner for Patients’ Rights (Polish Journal of Laws 2016.186, as amended);
    2. the Regulation of the Minister of Health of 9 November 2015, on types, scope and templates of medical records and the manner in which they are to be processed (Polish Journal of Laws 2015.2069, as amended);
    3. the Act of 18 July 2002, on electronic services (Polish Journal of Laws 2016.1030, as amended);
    4. the Act of 29 August 1997 on personal data protection (Polish Journal of Laws 2016.922, uniform text);
    5. the Act of 23 April 1964 – Civil Code, (Polish Journal of Laws 2016.380, as amended);
  3. Each test result made available to a Service User is authorized by a laboratory diagnostician.
  4. Results of diagnostic tests may bear a signature or an electronic signature.
  5. Results of diagnostic tests which do not bear an electronic signature do not constitute medical records kept in electronic form. Results of diagnostic tests which bear an electronic signature constitute medical records kept in electronic form.
  6. The Service, which consists of providing access to Patient test results for a single order does not require logging in; it does require, however, Authentication.
  7. The test result will be available immediately after its completion and validation.
  8. It is possible to use the Service twenty-four hours a day, seven days a week.
  9. Some diagnostic test results are not available as part of this Service because of formal restrictions. In particular, this applies to tests carried out by Service Provider’s subcontractors.
  10. Technical requirements for using this Service are as follows:
    1. computer hardware with Internet access of a minimum bandwidth of 256 kb;
    2. one of the following browsers installed: Mozilla Firefox, Google Chrome, Opera, which enables the display HTML documents interconnected on the Internet network through the WWW service, on the computer screen.
  11. The Service Provider shall take due care to make the Service available to Service Users who use all types of computers, operating systems, popular Internet browsers, and types of Internet connection. The Service Provider is not responsible for and does not guarantee that the use of the Service will be possible for all combinations of the factors listed above.
  12. The Service Provider stipulates that using the Service is linked to normal risks related to using the Internet network, which has a public character. Details of risks related to using the Service and information on the function and objective of software and data which do not form part of this Service are described in the Privacy and Security Policy available at: https://www.medipoint.pl/pl/polityka-prywatnosci.

IV. Using the Service

  1. Authentication is required to use the Service.
  2. The Service Provider shall not be responsible or liable in connection to the Service being accessed by unauthorised persons, except if such access results from Service Provider’s omission or intended action.
  3. In case of loss or damage of the test order number received by the Service User when performing the test, the Service Provider shall not issue order number duplicates. Once the Service User has received their test order number from the Service Provider, any loss, damage, or disclosure to a third party of the test order number, as well as any consequences of such events, is their responsibility.
  4. The Service enables access to test results based on Service User’s identification details, regardless of which Service Provider’s medical laboratory the tests have been performed in.
  5. In order to use the Service, the Service User should:
    1. go to the website www.medipoint.pl,
    2. select “Quick View of Test Result in INVICTA”,
    3. enter the following in the form: date of birth (given to the Service Provider when ordering the test), the test order number received on the occasion of performing the test, and the type of test.
  6. The Service Provider shall not be responsible or liable for the consequences of disclosing test results to a third party who has used or entered correct Service User Authentication details on the Website.

V. Rights and obligations

  1. The Service Provider shall take due care to ensure a continuous and free of interruptions availability of the Service, subject to section V.2.
  2. The Service Provider reserves the right to temporarily suspend access to the Service:
    1. for security reasons;
    2. in order to perform actions necessary for the maintenance, improvement, correct functioning or protection of ICT systems or power supply, in which case access to the Service shall not be suspended longer than for the time necessary to perform such actions.
    3. for any other reasons beyond the control of the Service Provider;
  3. The Service Provider shall not be responsible or liable for technical problems or limitations which occur on the computer used by the Service User, which prevent the Service User from using the Service.
  4. The Service Provider shall not be responsible or liable for any consequences of unlawful use of telecommunications links which are beyond the control of the Service Provider, or of their malfunction and losses caused by it.
  5. The Service Provider shall not be responsible or liable for problems with the functioning of the Service, if they have resulted from events such as force majeure, decisions of public administration bodies, disruptions in the power grid, faulty Internet connection, delays resulting from computer system failure, failures of data transmission, power supply systems and telecommunications links, which could not been reasonably prevented or foreseen by the Service Provider
  6. The Service Provider shall not be responsible or liable for any consequences of Service use by the Service User which is contrary to these Terms or to the provisions of law in force. In particular, the Service Provider shall not be responsible or liable for any damages caused to third parties, resulting from using the Service by Service Users in violation of the provisions of law or the present Terms.
  7. The Service Provider shall not be responsible or liable for any loss of data incurred by the Service User, caused by circumstances beyond the Service Provider's control or by external factors.
  8. The Service User agrees to use the Service in accordance with the provisions of law, the present Terms, and accepted principles of morality.
  9. The Service User undertakes not to take any action which may cause the quality of this Service to decrease or compromise the stability of the Service Provider’s ICT systems.
  10. For security reasons, the Service Provider stores the history of Service use, i.e. system logs containing information on: access dates and times, and IP numbers of the computer from which the Service has been accessed.
  11. The Service Provider shall not be responsible or liable for any consequences of decisions related to health protection, made based on information received through the use of this Service, or for any other consequences of using the information received through this Service.

VI. Complaint procedure

  1. The Service User has the right to lodge a complain in relation to faulty functioning of the Service.
  2. Complaints shall be made by filling in the Website form available at: www.medipoint.pl/en/kontakt.
  3. Complaints should contain the following information:
    1. Service User’s ID details (including name, surname, postal address or email address, test order no.);
    2. details of the problem constituting grounds for the complaint.
  4. The Service Provider shall handle the complaint within 14 days of the date of its receipt.
  5. The Service User will be notified of the outcome of the Complaint through the email address provided in the complaint form. If no email address has been provided, the Service User will be notified of the outcome of the Complaint in writing, to the postal address provided in the complaint form.
  6. The Service Provider has the right to refuse to perform services which do not fall within the scope of this Service (i.e. configuring the Internet connection, testing the computer used or its components, installing drivers, anti-virus scanning of the computer, or updates to the operating system).
  7. Complaints, which do not include the information specified in section VI(3), will not be handled.

VII. Privacy policy

  1. The Service Provider will take due care to protect all Service Users’ data using the latest technologies, pursuant to security requirements in force and confidentiality rules.
  2. The Service Provider undertakes to process Service Users’ data in accordance with the rules of law in force.
  3. The Service Provider ensures the observance of Service Users’ rights arising from the Act of 29 August 1997, on personal data protection. (consolidated text, Polish Journal of Laws 2016, item 922).
  4. Where personal details of Service Users have been entrusted to the Service Provider or where the Service Provider is a data controller with regard to such Service Users’ personal details, the Service Provider only processes that data for the purpose of correctly performing the Service, and only the data necessary for creating the contents, starting, change, or termination of the Service, without prejudice to security rules imposed by the Act of 29 August 1997 on personal data protection and relevant implementing provisions.
  5. The Service Provider shall not process personal details of the Service Users after the Service has been terminated, with the following exceptions:
    1. data which are necessary for investigating unlawful use of the Service;
    2. data which are allowed to be processed under separate laws or agreement.

VIII. Protection of intellectual property rights

  1. The Service User is entitled to use the contents available on the Website and being part of the Service only under the conditions laid down in these Terms and solely for personal use.
  2. Any copying, altering, and public display of the contents made available through the Service is prohibited without the Service Provider’s consent, unless it arises from separate agreements or provisions of generally applicable law.

IX. Final provisions

  1. The Service Provider reserves the right to make changes to the Website and/or Terms at any time.
  2. Changes to the Terms will be effective immediately upon posting on the Website.
  3. The present Terms are made available to the Service User through the Website.
  4. The Terms become effective immediately upon posting on the Website.
  5. Use of the Service is subject to prior acceptance of these Terms.
  6. The governing law shall be Polish law.