This contract is between (1) MY HEALTHY FAMILY LTD (“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 non-diagnostic ultrasound scans for pregnant women. All of our scans are completed by trained and registered medical professionals specialising in foetal ultrasound. They may be Radiographers, Midwives or Doctors or Sonographers (in these Conditions referred to as Sonographer(s)). With your consent, we will carry out a foetal ultrasound scan of your baby. The primary purpose of the scan is to check the well-being of the foetus, and to capture 2D, 3D and 4D images. Your scan will check the size of your baby, check for multiple foetuses, show the position of the foetus 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 will refer you to your NHS care provider for a diagnostic investigation. We will, with your permission, send a copy of the Referral Report to your NHS care provider. It is your responsibility to ensure that you then consult with your NHS care provider.
- Gestation: Our packages are designed to be performed at specific stages of your pregnancy. The only true way to establish the gestational age of a foetus is via ultrasound, however your gestational age can be estimated by using your LMP (the first date of your last menstrual period). This method is widely used in the NHS. If your true gestational age is discovered to be less than the limits of your chosen package, you may choose to book another scan at a later date. As this is outside of our control, a free rescan will not be applicable. The National guidelines to whose standards we operate, recommends that a period of 14 days should pass before a second early Reassurance Scan is performed.
- 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 primary purpose of the scan is not to discover anomalies or abnormalities. The Report completed is a brief 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.
- Method: Most of our scans are completed abominably, using a range of 2D and 4D probes. You will be asked to expose your abdomen. Please attend in clothing that will make this easy. In some cases during early pregnancy, we may offer you a vaginal scan. The Sonographer will explain the process to you in full before carrying out this examination. This will only be carried out with your consent and you have the right at all times to refuse this service or to ask the Sonographer to stop.
- Modiﬁcation: We reserve the right to modify or improve our service without prior notice.
- Photography & recording: Personal photography may be permitted in our clinic at our sole discretion.
- Age: You must be 18 years old or over to access our services.
- Price: Our prices will be set out in our price list. We accept payment by the way of cash, debit or credit cards.
- How we accept your order: Our acceptance of your order will take place when you make a payment of the non-refundable deposit of £30.00. 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.
- 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 lose your non-refundable, £30.00 deposit.
- 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. You must give us 48 hours’ notice if you wish to change the date or time of your scan. Failure to do so will result in forfeiture of your non-refundable, £30.00 deposit.
- 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.
- 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. 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.
- What you will receive following the scan: You will receive printed and digital images and video of your scan, depending on the scanning package you have purchased.
- Ownership of the product: We retain copyright of any images that we take but will only use these images for promotional purposes with your permission.
- 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 sex.
- 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.
- 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 8 years in order to rectify any issues you may have following the scan, or assist with any issues you might have beyond your pregnancy. You have the right to ask us to destroy all data we hold for you at any time.
- 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.
Summary of your legal rights
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.
Your rights under the Consumer Rights Act
You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or request 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.