Terms and Conditions
This contract is between New Beginnings and You, the customer (“you”) and shall be governed by the following terms and conditions of sale (“Conditions”), none of which affect your statutory rights:
Scan Services
We have a team of trained and registered medical professionals, who are specialists in fetal ultrasound. These may be midwives, or sonographers or other qualified professionals; however, in these Conditions, the term sonographer will be used for all of them. Their primary activity is to produce diagnostic health scans of your baby to share with you. This will be a fetal ultrasound scan, which will be carried out with your consent. The scan will check the health and well-being of your baby; during which, the following observations will be made:
• the size of your baby
• whether there are multiple fetuses
• the position of the fetus and the placenta
• if there are any anomalies *
If the sonographer believes that there are any aspects of the development of your baby which you should be made aware of, these will be discussed with you in a completely open manner. If the sonographer considers it appropriate, you will be referred to your NHS care provider, to whom, with your consent, a copy of the Report will be provided. It is your responsibility to ensure that any subsequent consultation with the NHS care provider takes place.
*Please note that the observation of anomalies may not be apparent in certain scans, for example gender and 4D. Whilst all scans will include standard growth and other measurements, they are not intended to be diagnostic.
Medical history.
New Beginnings Scan Ltd does not have access to your medical records. As such, no medical advice relating to any diagnosis can be given and we cannot advise you on any of the diagnostic results. The Report only provides a short diagnostic overview of your pregnancy and may not be compatible with your NHS Scans due to it being produced at a different gestation. It is important to note that this may reduce the ability to detect abnormalities and is not a replacement for NHS antenatal services. The scan we provide does not provide a comprehensive insight to all genetic scenarios and must not be used as the sole diagnostic assessment of your pregnancy. It is vital that you access all available NHS antenatal services to ensure you have the greatest chance of having any abnormalities identified.
Scans
Depending on the period of gestation, an abdominal scan is generally undertaken. However, if an early (6 to 15 weeks) scan is requested there may be a need to complete an internal (trans-vaginal) scan to obtain clear images. You will be treated with the utmost dignity and, if desired, we will organise a female chaperone on request. You may prefer not to have an internal scan, but in this case we may not be able to confirm the results.
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)
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 card.
How we accept your order. Our acceptance of your order will take place when you make a payment of the 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.
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. You will not be entitled to a refund of your £30 deposit if cancelled within 48 hours of your appointment time.
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 (“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.
New Beginnings scan ltd owns the intellectual property used in the promotion of our services, manages and maintains the website and booking system. New Beginnings is the data controller. We may from time to time send updates and emails about special offers and products from New Beginnings, you can opt in or out of receiving these emails at anytime. A copy of our Data Retention Policy is available on request
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.
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.
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
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 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.
How to contact us
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.
Jurisdiction and governing law
These Conditions are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts.