User Laboratory Testing Supplemental Terms

 Meenta User Laboratory Testing Supplemental Terms

Last Updated: June 3, 2020

The following Meenta User Laboratory Testing Supplemental Terms (these “Supplemental Terms”) contain specific terms and conditions applicable to you, a Meenta User who is requesting Testing Services from a Host on (together with any of our proprietary software and mobile applications, the “Site”) owned by Meenta, Inc. (“Meenta”, “our”, “we” or “us”). These Supplemental Terms are incorporated into (and, for clarity, do not supersede or replace) the Meenta User Terms of Use, available at (the “Terms of Use”), to which you agreed when you accessed the Services or created your Meenta Account. The Terms of Use, including the provisions therein relating to dispute resolution, disclaimers of warranties and limitations of liability, remain in effect in all respects. Unless defined below, all capitalized terms will have the definitions given to such terms in the Terms of Use.

As used herein, “Organization” means any Registered User who (a) is an officer, director, manager or supervisor at the applicable User’s organization and (b) is granted administrative privileges for such User’s Meenta Account. “Member” means any Registered User who is a member of the applicable User’s organization, including any employee, independent contractor, faculty member or student, as applicable. Using the functionality of the Site, Organizations may (i) invite Members to register for the Site and (ii) designate Members for collection and testing of human samples (“Specimens), as further described below.

1.  Testing Services and Host Responsibilities

If you are an Organization, you may submit online orders (each, a “Testing Order”) requesting that a Host (a) provide quantities of Specimen collection devices or supplies (“Collection Supplies”), (b) perform Testing Services on Specimens collected from Members of your organization, and (c) make available the Results of such tests in accordance with Section 3 below. The fees for the requested Testing Services (the “Testing Fees”) will be made available for you to review before you are required to submit the final Testing Order. 

Each time you submit a Testing Order requesting Testing Services, you agree to comply with any terms made available to you with respect to such Testing Order upon submission thereof and the Terms of Use, including your obligations to pay us any required Testing Fees and to comply with the User Responsibilities (as defined below).  Unless we determine otherwise, all submitted Testing Orders are final and all invoiced Testing Fees are nonrefundable (except Testing Fees paid for non-conforming Testing Services as described in the “Services Warranty” in Section 5 of the Terms of Use).

After you submit a Testing Order, the Host will deliver to you the Collection Supplies. Unless the Testing Order provides otherwise, either Meenta or the Host will make available a nurse or other healthcare professional (the “Collection HCP”) to collect Specimens at the designated Testing Location (as defined below). Upon delivery of Specimens to the Host in accordance with Section 2 below, the Host will use commercially reasonable efforts to perform the Testing Services on your behalf.

2. User Responsibilities

You acknowledge and agree that collection of Specimens by the Collection HCP, and performance of Testing Services and delivery of Results by the Host, are dependent upon your timely completion of the User responsibilities and other activities set forth herein and in the applicable Testing Order (collectively, the “User Responsibilities”). Neither Meenta nor the Host shall be responsible for any delays relating to Specimen collection, provision of Testing Services or delivery of Results to the extent due to your failure to perform the User Responsibilities.

The User Responsibilities include, but are not limited to, the following:

  • Organization will designate a location for Specimen collection to occur, which location will be subject to Meenta’s reasonable approval (“Testing Location”).
  • Organization will assign individual Members for Specimen collection and testing. Any Member assigned by his or her Organization may schedule an appointment for Specimen collection and testing at a designated Testing Location using the functionality of the Site. 
  • On or before each scheduled Specimen collection and testing date, Organization will deliver to the Collection HCP sufficient quantities of Collection Supplies for all Members scheduled for such date.
  • Prior to testing, each Member (or, for any Member under 18, a parent or guardian of such Member) must execute (i) an informed consent for the test(s) to be administered for such Member (an “Informed Consent”) and (ii) an authorization for release of information (an “Authorization Form”), each in the form provided by Meenta. In no event shall Specimens be collected from a Member if such Member (or his or her parent or guardian, as applicable) has not executed an Informed Consent and an Authorization Form.
  • After collection of Specimens, Organization will promptly deliver such Specimens to the Host for testing at the address we provide in accordance with the timelines (if any) specified in the applicable Testing Order or on the Site.

3. Results

Upon completion of the Testing Services, we will notify you by e-mail (at the e-mail address specified in your Meenta Account) or via the Communication Tool that the Results are available to be viewed on the Site at the URL we provide. To the extent any Results include the results of individual Members’ COVID-19 viral or antibody tests: (i) each Member will have access to the complete results of his or her test, in the form made available by the Host; and (ii) the Organization will only have access to whether each Member tested positive or negative for the virus or antibodies (or, if the presence of the virus or antibodies cannot be determined, that the result was equivocal or inconclusive), as applicable.

4. Testing Fees

We will invoice you for the Testing Fees at the time(s) and in the amount(s) specified in the applicable Testing Order.  You agree to pay us all such invoiced Testing Fees within fifteen (15) days after receipt of invoice, unless the applicable Testing Order provides otherwise. The payment terms in Section 2 of the Terms of Use shall apply to all Testing Fees payable hereunder.

5.  Compliance with Laws

Meenta shall cause Hosts that perform Testing Services to maintain all licenses, permits and certifications required under applicable law for its performance of the Testing Services.

User and Meenta agree to comply (and Meenta will cause Hosts performing Testing Services to comply) with (to the extent applicable to such party’s activities hereunder) laws and regulations relating to data privacy and security, including, to the extent applicable, the applicable provisions of the Administrative Simplification section of HIPAA and the requirements of any regulations promulgated thereunder, including the applicable federal privacy standards as contained in 45 C.F.R. Parts 160 and 164, the federal security standards as contained in 45 C.F.R. Parts 160, 162 and 164 and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162, each as may be amended from time to time (collectively, the “Federal Standards”).  The parties agree not to use or further disclose any protected health information, as defined in 45 C.F.R. § 160.103, or individually identifiable health information as defined in 42 U.S.C. § 1320d, concerning a Member other than as permitted by the Terms of Use (including these Supplemental Terms) and the requirements of HIPAA or regulations promulgated thereunder (including applicable Federal Standards).

6.  Testing Services: Additional User Attestations, Representations and Warranties

Without limiting the attestations, representations and warranties in Section 8 of the Terms of Use, each time you submit a Testing Order requesting Testing Services, you attest, represent and warrant to the Host performing such Testing Services and to Meenta that:

  • You will comply with all User Responsibilities applicable to such Testing Order; and
  • If you are a Member, you will not (and if you are an Organization, you will not permit any Member to) schedule an appointment for Specimen collection and testing, or otherwise provide any Specimens to a Collection HCP or Host, unless you have executed an Informed Consent and an Authorization Form.

7.  Use of Results

The Results should not be used as the sole basis to diagnose or exclude COVID-19 infection, to inform infection status, or to make determinations with respect to returning to work or other public exposure, and Meenta shall have no responsibility or liability for any such decisions or determinations. You agree to indemnify and hold harmless Meenta and its directors, officers, employees and agents, from and against any damages, liabilities, costs and expenses (including attorneys’ reasonable fees) arising out of any actual or threatened claim by any third party (including a claim made by a Host against Meenta) to the extent due to or based on your use or disclosure of the Results, including (a) your unauthorized disclosure of Results or other Member PHI or (b) any decisions or determinations made by you or any third party based upon the Results.