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1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we (or our licensees) supply services to you.

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1.2 Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are IMAGINATAL HEALTH LTD, a limited company no. 12575342 with registered office at 151 Wick Road, Bristol BS4 4HH. We also have licensed franchisees that trade as Imaginatal.

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2.2 How to contact us. You can contact us by telephoning us on 0800 640 4299 or by writing to us at info@imaginatal.co.uk or at any of our locations:

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  • 7 Market Place, Romford, RM1 3AB

  • 151 Wick Rd, Brislington, Bristol, BS4 4HH

  • The White House, 10 Hempsted Lane, Gloucester, GL2 5JA.

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2.3 How we may contact you. If we have to contact you about your order we will do so by telephone or by writing to you at any email address or postal address you provided to us in your order.

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2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR SERVICES

3.1 Our service. We provide diagnostic health scans and screening services. All our services are completed by trained and registered medical professionals specialising in ultrasound. They may be radiographers, midwives or doctors (in these terms & conditions referred to as sonographers). With your consent, we will carry out a scan or screening as requested. The primary purpose of the service is to check the health and well-being of yourself or fetus if you are pregnant.

  • Pregnancy scans will check the size of your baby, check for multiple fetuses, detect anomalies, show the position of the fetus and the placenta.

  • NIPT blood test will detect anomalies in fetal DNA. 

  • General health scans will check your organs and detect anomalies.

  • General health screenings and blood tests will detect anomalies in your DNA. 

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3.2 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.

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3.3 Our method. This will depend on the service you have requested:

  • Pregnancy scans: 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. Our sonographer will discuss this with you beforehand. We ensure dignity and provide a trained female chaperone during all scans. You can choose not to have an internal scan; however if you do, you accept that we may not be able to provide you with conclusive information.

  • NIPT: This includes a pregnancy scan as above. Further, a trained phlebotomist will draw blood from your arm.

  • General health scans: these may be abdominal on trans vaginal if required.

  • General health screenings and blood tests: a trained health care professional will draw blood from your arm or carry out a mouth swab depending on the service requested.

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3.4 What you will receive following the appointment. After the appointment is complete (and if we have received payment in full for the services provided), you will receive a scan report or a well-being report (Report) depending on which service you have purchased. The Report will belong to you, but we retain copyright of any images that we take. For screenings and blood tests you will also receive a results report following processing by labs, this may take up to 15 working days depending on the test requested. The results will form part of your Report.

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3.5 Further care and treatment. If our sonographer believes that there is any area of your health or 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 our 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.

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3.6 Scope of our services. By placing an order with us, you are confirming that you understand and accept the following. 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.

  • Pregnancy: The Report is a diagnostic overview of your pregnancy and can be completed at a gestation different from 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. 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 our clinics.

  • All other services: The Report is a diagnostic overview of your health and can be completed without a referral. The detection rate of abnormalities may vary depending on the service requested. Similar services are available free of charge from the NHS. One scan or screening is not suitable to be considered as the sole diagnostic assessment of your health condition and is not exhaustive to all genetic scenarios. Not all abnormalities are screened for or detectable using ultrasound, blood tests or screenings.

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3.7 Image of your scan. We will provide you with the best images possible.

  • Pregnancy: Your baby’s position during the scan is outside our control. We will seek to identify the sex of your baby if requested, but cannot guarantee the accuracy of the identification. We accept no liability for any incorrect indication of your baby’s sex.

  • All other services: There may be factors outside our control that mean image quality is lower.

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3.8 Photography and recording. We do not allow any personal photography or filming to be carried out in clinic.

4. OUR CONTRACT WITH YOU

4.1 How we will accept your order. Our acceptance of your order will take place when you make a payment of the deposit of 15%, at which point a contract will come into existence between you and us.

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4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will refund any payment you have made, and the contract will be cancelled. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the services.

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4.3 We only sell to the UK. Our website, catalogue and brochure are solely for the promotion of our services in the UK. We do not accept orders from customers outside the UK.

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4.4 Minimum ages. We cannot scan anyone under the age of 18.

5. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the services. We may change the services to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of the services.

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6.2 More significant changes to the services and these terms. In addition, we may make more significant changes to the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

7. PROVIDING THE SERVICES

7.1 When we will provide the services. We will supply the services to you on a date we will agree with you.

 

7.2 We are not responsible for delays outside our control. If our performance of the services is affected by 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. Provided we do this we will not be liable for delays caused by the event but 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.

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7.3 What will happen if you do not provide required information to us. As stated in clause 3.2, we will need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

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7.4 Reasons we may suspend the services. We may have to suspend the services to deal with technical problems or make minor technical changes; update the services to reflect changes in relevant laws and regulatory requirements; or make changes to the services as requested by you or notified by us to you.

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7.5 Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 14 days, and we will refund any sums you have paid in advance for services not provided to you.

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7.6 We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply the services.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.

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8.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:

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(a) we have told you about an upcoming change to the services or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

(c) there is a risk the services may be significantly delayed because of events outside our control;

(d) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

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8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, the contract will end immediately but we may charge you reasonable compensation for the costs we will incur as a result of your ending the contract.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due, or you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, hospital notes and pregnancy history.

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9.2 We may charge you if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided, but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.

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9.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 7 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided.

10. IF THERE IS A PROBLEM WITH THE SERVICES

10.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning on 0800 6404299 or by writing to us at info@imaginatal.co.uk or at any of our locations listed in clause 2.2. Alternatively, please speak to one of our staff in a clinic.

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10.2 Summary of your legal rights. This is a summary of your key legal rights under the Consumer Rights Act 2015 in relation to the services. Nothing in these terms will affect your legal rights.

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(i) You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.

(ii) If you have not agreed a price beforehand, what you are asked to pay must be reasonable.

(iii) If you have not agreed a time beforehand, it must be carried out within a reasonable time.

(iv) These rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 040506.

11. PRICE AND PAYMENT

11.1 Where to find the price for the services. The price of the services (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 11.3 for what happens if we discover an error in the price of the services you order.

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11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

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11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order.

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11.4 When you must pay and how you must pay. We accept payment by debit and credit cards and in cash. You must pay for our services in full before we start the service.

​12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible 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. Loss or damage is foreseeable if it is obvious that it will happen.

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12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (or the negligence of our agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive a service which is: as described and matches information we provided to you and of satisfactory quality.

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12.3 We are not liable for business losses. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will only use your personal information as set out in our privacy policy.

14. OTHER IMPORTANT TERMS

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

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14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

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14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

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14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

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14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the services in the English and Welsh courts.

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