This contract is between (1) IMAGINATAL HEALTH LTD (“Imaginatal” “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 our scans are completed by trained and registered medical professionals specialising in fetal ultrasound. They may be radiographers, midwives or doctors (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 to check 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 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 may offer you expectant management treatment at the clinic or refer you to your NHS care provider for ongoing treatment. 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 access to your full medical history and therefore cannot provide medical advice relating to any diagnosis or advise you on any diagnostic results not completed by Us. You understand that the Report completed is a diagnostic overview of your pregnancy and can be completed at a gestation different to your NHS routine screening scans. The detection rate of abnormalities may vary depending on your gestation at the time of your scan. Similar and additional antenatal services are available free of charge from the NHS. We strongly recommend that you access all antenatal services made available to you by the NHS. You also understand that one ultrasound 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 or detectable using ultrasound; a copy of our fetal abnormality policy is available on request in the clinic.
Method. We aim to complete your scan abdominally but if you have ordered an ‘Early AssureScan’ (6 weeks to 12 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 clinic.
Age. You must be 18 years old or over; if you are 16 or 17 years old, a responsible adult must accompany you to your appointment. 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 on debit or credit cards. We also accept payment by way of cash only when you attend the clinic.
How we accept your order. Our acceptance of your order will take place when you make a payment of the deposit of £10.00. 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 will not be entitled to refund if at any time you cancel or we have already carried out the services. If the product is faulty you may be entitled to a refund. See the “Your 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 have not 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 well-being report (“Report”) depending on which scan 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.
IMAGINATAL. IMAGINATAL owns the intellectual property used in the promotion of our services, manages and maintains the website and booking system. IMAGINATAL is party to this agreement for the purpose of this Condition 17 only. IMAGINATAL shall have no liability for our failure to comply with these Conditions (including provision of the services).
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 possible to let you know and we will take steps to minimise the effect of the delay. As examples, 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.
Face covering. In line with the latest government guidance, all persons entering the Imaginatal clinic will be required to wear a face covering or face mask for the duration of their visit to the clinic.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
If your product is goods (i.e. a picture), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
If you have any questions or complaints about the services, please contact us on the day of your appointment. We will do our best to resolve or rectify any issues you have.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre for Effective Dispute Resolution via their website at email@example.com
Online dispute resolution applies where services are bought online. It allows you to submit a complaint via an online complaint form which can be accessed here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
These Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.