1. GENERAL PROVISIONS
1.1. Minu Raamatukogu (MIRKO) is an all-Estonian platform service (hereinafter: service) that enables to:
1.1.1. borrow publications from libraries across Estonia (hereinafter: all-Estonian book lending)
1.1.2. borrow e-publications issued in Estonia (hereinafter: e-publications lending)
1.2. The service is accessible at www.mirko.ee.
1.3. The service providers are:
1.3.1 National Library of Estonia (registry code 74000139, hereinafter: service provider);
1.3.2 participating libraries (hereinafter: partners).
1.4. The contact details of the service provider are: Narva mnt 11, Tallinn 15015, tel 630 7100, email [email protected]
1.5. In regulating mutual relations, the service provider and persons using the service (hereinafter: users) are guided by the Law of Obligations Act, other Acts and other legislation of the Republic of Estonia, and by the conditions of use of the service (hereinafter: conditions of use).
1.6. All persons who are at least 13 years old and have the Estonian personal identification code can register as users of the service.
1.7. Persons under the age of 13 can be registered as users by their legal representative (parent or guardian, hereinafter: guardian).
1.8. Persons under the age of 18 can obtain the the right to borrow by submitting a consent, in a format which can be reproduced in writing, by their legal representative (parent or guardian, hereinafter: guardian). The consent shall be formalised once and it is valid until the person becomes 18 years of age. A notice for submitting the consent shall be sent to the guardian by email. The consent can be formalised and digitally signed in the service environment.
1.9. The service provider has the right to unilaterally change and supplement the conditions of use. The consent to the amended conditions of use must be signed during the next logging in to the service. Upon refusing to agree with the conditions of use, the service can no longer be used but it does not excempt from previous obligations.
1.10. The conditions of use shall be in the same language as the service environment. In case of discrepancies between translations, the Estonian-language version prevails.
1.11. The personal data of users shall be processed in compliance with the procedure for processing personal data for Minu Raamatukogu (MIRKO) established by the service provider.
2. JOINING THE SERVICE
2.1. Upon registration as user of the service, the service provider and user of the service conclude a client agreement. The client agreement consists of the following documents which are to be digitally signed: registration application, conditions of use and procedure for processing personal data.
2.2. For submitting a registration application, the user must identify themselves in the service environment with an ID card, residence permit card, Smart-ID or Mobiil-ID, and fill in the registration form.
2.3. When the person has been identified, the first name and surname and personal identification code appear on the registration form.
2.4. The user has to enter their valid email address on the registration form. The user can also create a password.
2.5. For analysing the use of the service and for further development of the service, the local government of the user’s registered residence shall be added to the registration application from the population register.
2.6. By signing the registration application the user confirms that they have submitted true data, agreed with the conditions of use of the service and are familiar with the procedure for processing personal data.
2.7. The user shall have the right to discontinue using the service and delete their account on the condition that they have no debts.
3. BORROWING AND RETURN OF PUBLICATIONS
3.1. The all-Estonian book lending allows to borrow publications from libraries across Estonia, and to order them to a parcel machine or home via courier to any address located in Estonia. See more in „Guidelines for all-Estonian book lending“.
3.1.1. Upon submitting the order, the user has to pay for transportation costs, the amount of which depends on the manner of delivery.
3.1.2. One user may have five publications borrowed at one time.
3.1.3. The lending period is 21 days.
3.1.4. Upon no demand (i.e. if there is no waiting list for the publication in the library) the due date can be renewed twice for 21 days each.
3.1.5. Users are obliged to return the borrowed publications by due date.
3.1.6. The loan of the publication not returned by the due date shall not be renewed and until the debts are settled, the service provider shall limit the possibilities of the user to use the service (see clause 4.3).
3.1.7. The service provider has the right to reject the order, notifying the user of this by email. In case the service provider rejects the order, the forwarding cost paid upon placing the order shall be returned to the user within 14 calendar days. The payment shall be returned to the same account it was initially paid from.
3.1.8. The user must ensure the receipt of the parcel at the agreed time and address.
3.1.9. If the user is not available for receiving the parcel at the agreed time and address, the courier makes one additional attempt to deliver the parcel. If both attempts fail, the service provider considers that the parcel has been refused. The parcel will be returned and the forwarding cost shall not be refunded to the user.
3.1.10. If the content of the parcel has been completed incorrectly (publication that has not been ordered, etc.), the user must immediately contact the customer support of the service provider by email or phone (the contact details are available on the website of the service).
3.1.11. Borrowed books can be handed over to another user within the service.
3.1.12. Users can hand over to another user („friend to friend“) only these publications which have been correspondingly authorised by service providers and which are currently not in demand in the library (i.e. there is no waiting list for the publication in the library).
3.1.13. „Friend to friend“ lending can be used when both parties of the lending transaction are users of this service and neither has debts under this service (publications not returned by the due date and/or invoices of fines/indemnities not paid by the due date).
3.1.14. If the user has failed to return the publications within the term of the parcel’s return label (the return label is valid during the entire loan period, i.e. until the end of two renewals), they have to purchase a new return label in the service environment.
3.1.15. The borrowed publications shall be returned in the same manner as they were delivered to the user: via courier or the parcel machine of the postal company that is indicated on the return label.
3.1.16. The publications are considered as returned when the service provider has examined them and confirmed the return in the service environment.
3.2. The e-publications lending allows persons, who have the Estonian personal identification code, to borrow e-publications free of charge both in Estonia and beyond. Read more at the „Guidelines for e-publications lending“.
3.2.1. One user may have five publications borrowed at one time.
3.2.2. Each publication can be borrowed for 21 days.
3.2.3. E-publications are returned automatically by the due date.
3.2.4. The due date of e-publications cannot be renewed.
3.2.5. The same e-publication can be borrowed again when 24 hours have passed from its return if the publication is still available.
3.2.6. Upon borrowing publications with limited right of use, the compliance of the user with the lending conditions shall be verified.
3.2.7. The user’s lending history is automatically saved to enable personal borrowing recommendations. Personal borrowing recommendations can be turned on (or off) under the personal account.
4. LIABILITY AND OBLIGATIONS
4.1. The user is responsible for the preservation and lawful use of the borrowed publication, and is obliged to compensate to the service provider for the damage caused by the infringement of the aforesaid requirements. Damage caused by persons under 18 years of age shall be compensated for by their guardian.
4.2. The user must adhere to the Copyright Act, other legal provisions in force in the Republic of Estonia, and good practice.
4.3. In the all-Estonian book lending:
4.3.1. the user has to pay contractual penalty EUR 0,06 per each delayed day for each publication if the publications are not returned by the due date (due date has expired). The invoice is sent to the user by email, payment can be made in the service environment.
4.3.2. the user has to compensate for a damaged or unreturned publication. The amount of compensation for damaged or unreturned publication shall be determined by the service provider to whose collections this publication belongs. The service provider may allow the substitution of a publication with another equivalent publication. The corresponding claim together with an invoice is sent to the user by email, payment can be made in the service environment.
4.3.3. the service provider is entitled, for demanding the return of publications or the recovery of contractual penalties or indemnities, to use options arising from law if the user does not return the publication or pay to the service provider the invoice of the contractual penalty or indemnity within three (3) months.
4.3.4. the service provider may assign to partners the reclamation of publications and recovery of contractual penalties or indemnities.
4.3.5. the service provider shall limit, upon debts (publications not returned by due date and/or invoices for fines/indemnities), the possibilities of the user to use the service. Until the debt is settled, the user may not borrow new publications, renew the due dates of the borrowed items or hand over the borrowed publications to another user.
4.4. In the e-publications lending:
4.4.1. a publication protected by copyright may be used for purposes of personal use if the terms of use of the e-publication do not indicate that the publication is in public domain.
4.4.2. e-publications may not be copied, distributed or made available.
4.4.3. the guardian of a user under the age of 18 observes that the user reads publications suitable for their age.
4.4.4. upon repeated or intentional violation of the terms of use and/or copying, making available, distribution, or identification of an attempt to infringe license conditions, the service provider is entitled to temporarily restrict the right of the user to borrow e-publications.
Approved 06.02.2023
