Terms and Conditions
This contract is between (1) SerenitiScan LLP (“we” “us”) and (2) You, the customer (“you”) and shall be governed by the following terms and conditions of sale (“Conditions”), none of which affect your statutory rights:
The Services
We provide diagnostic health scans of your baby. All of our scans are completed by trained and registered midwife sonographers specialising in fetal ultrasound (in these Conditions referred to as sonographer(s)). With your consent, we will carry out a fetal ultrasound scan of your baby. The primary purpose of the scan is the health and well-being of the fetus. Your scan will check the size of your baby, check for multiple fetuses, detect some anomalies, show the position of the fetus and the placenta. If your sonographer believes believes that there is any area of your baby’s development that needs to be brought to your attention they will discuss their findings openly with you. In these circumstances we will refer you to your NHS care provider. We will, with your permission, send a copy of the Report to your NHS care provider. It is your responsibility to ensure that you then consult with your NHS care provider.
Medical history
You understand and accept that we do not have your medical history and therefore cannot provide medical advice relating to any diagnosis or advise you on any diagnostic results. You understand that the Report completed is a brief diagnostic overview of your pregnancy and is often completed at a gestation different to your NHS scans. As such, the detection rate of abnormalities may be reduced. It is therefore imperative that you access all antenatal services made available to you by the NHS as the identification of abnormalities is their primary aim and intent. You also understand that your scan is not suitable to be considered as the sole diagnostic assessment of your pregnancy and is not exhaustive to all genetic scenarios. Not all abnormalities are screened for; a copy of our fetal abnormality policy which summarises the abnormalities that are screened for is available on request in each clinic.
Method
We aim to complete your scan abdominally but if you have ordered an ‘early scan’ (7 weeks to 15 weeks) we may need to undertake an internal (Trans Vaginal) scan. Your sonographer will discuss this with you beforehand. We will ensure dignity and we provide a trained female chaperone in all of our scans. You can decline an internal scan however if you do, you accept that we may not be able to provide you with conclusive information.
Modification.
We reserve the right to modify or improve our service without prior notice.Photography & recording
We do not allow any personal photography to be carried out in our clinics.
Age
You must be an adult (18 years old or over); if you are a child (16 or 17 years old), a responsible adult accompany you to your appointment. A responsible adult is defined as a person who is of or over the age of 18 18 years and is your parent, step-parent, legal guardian, grandparent or a person who is acting in place of your parent and who could reasonably be expected to exercise responsible supervision of you. A child is anyone who has not reached the age of 18 years. We cannot scan anyone under the age of 16.
Right to make changes.
If you wish to make a change to the services or products you have ordered, please contact us. We will let you know whether the change is possible.
Prices
Our prices will be set out in our price list. We accept payment by cash, debit or credit cards but not American Express.
How we accept your order
Our acceptance of your order will take place when you make a payment of the deposit of £20.00. If we are unable to accept your order, we will inform you of this in writing and we will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan. Information we require in order to provide the services. We will need certain information from you in order to provide the services (for example, hospital notes and pregnancy history). If you do not provide us with this information or provide incorrect or incomplete information we may either end the contract or charge you a reasonable sum for the additional work undertaken to obtain the correct information. We will not be responsible for any delays in supplying the services if you do not provide the information.
Cancellation of the services by you.
You can always end the contract for the supply of services before you have received the services, but you may not be entitled to refund if you cancel and we have already carried out the services. If the product is faulty you may be entitled to a refund. See the “Summary of your legal rights” box for more information.
Cancellation of the services by us.
We may suspend or cancel the services if you do not pay us when you are supposed to or provide us with the information needed to carry out the services. We will refund you any money you have paid in advance if we havenot provided the services but may deduct reasonable costs we incur as a result. What you will receive following the scan. You will receive a scan report or a report of results (“Report”) depending on which service you have purchased.
Ownership of the product.
We retain copyright of any images that we take. Ownership of the Report shall belong to you once we receive payment in full for the services.
What we cannot guarantee.
We undertake to provide you with the best images possible but you understand that your baby’s position during the scan is outside our control. We will use reasonable efforts to ensure that your appointment will run on time. In relation to gender scans, we cannot guarantee the accuracy of the gender identification. We will undertake to do our best to identify the sex of your baby. We accept no liability for any incorrect indication of your baby’s gender.
Our Liability to You.
We shall not be responsible or liable for any injury, loss or damage to personal belongings whilst you are in our premises. We are only liable for our failure to comply with these Conditions and accept responsibility for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking the contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew that it might happen, for example, if you discussed it with us during the consultation. We are not liable for any business losses as we only provide the services for domestic and private use. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The below table sets out your legal rights.
SerenitiScan
SerenitiScan owns the intellectual property used in the promotion of our services, manages and maintains the website and booking system. SerenitiScan is the data controller in this contract and the clinic acts as a data processor for the purposes of providing the service only. SerenitiScan is party to this agreement for the purpose of this Condition 17 only. SerenitiScan shall have no liability for our failure to comply with these Conditions (including provision of the services). Unless you tell SerenitiScan otherwise, you agree to receive emails about special offers and products from SerenitiScan.
Delays outside our control.
If we have to delay or amend the date or time of your appointment due to an event outside our control then we will contact you as soon as soon as possible to let you know and we will take steps to minimise the effect of the delay. This may be as a result of any technical issues, changes in law or regulatory requirements. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
How we use your data.
We will use the personal information you provide to us to supply the services to you, process payment for the services and for the purpose of identification within this organisation and it will not be disclosed to any external sources without your express written consent. We will only give your personal information to third parties where we are required to do so by law. We will retain copies of your scan for 30 days in order to rectify any issues you may have following the scan.
Enforceability
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately.