This contract is between (1) BABY SCAN STUDIO ASHFORD LIMITED; (2) The limited company who operates the clinic that you attend, trading as Baby Scan Studio Ashford (“we” “us”) and (3) 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.
Our scans are performed “only” by fully qualified, NHS-registered and regulated Sonographers, which follow the latest safety guidelines, specialised in fetal ultrasound scans/obstetrics & gynaecology. Their primary activity is to check, with your consent, the wellbeing/health of your baby. This scan is in addition to the ultrasound screening performed with the NHS during pregnancy and not as a substitute. This scan will not replace your routine diagnostic NHS ultrasound scan.
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, with your consent, to your NHS care provider for ongoing further checks and provide you with a written report. It is your responsibility to ensure that you then consult without delay, your NHS care provider.
- The Sonographer can only tell presentation of baby at the time of scan and that on occasion this may change in the weeks leading up to birth.
- 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 to ensure you have the best care of having any abnormalities identified. 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. Whilst all scans will include standard growth and other measurements, they are not intended to be diagnostic. Specific scans at the NHS routine screening scans, looking at growth and anomalies provide longer scanning time purely for observing these factors.
- Method. Depending on the period of gestation, an abdominal scan is generally undertaken. However, if an early (minimum of 6 weeks) scan is requested there may be a need to complete an internal (trans-vaginal) scan to obtain clear images. We will ensure utmost dignity and we will provide a trained female chaperone in all of our scans. You may prefer and have the choice not to have an internal scan, but in this case, we may not be able to confirm the results. (Early Pregnancy scan – must be attending for first scan at a minimum of 6 weeks or pregnancy or 2 weeks after first positive test. If referral to NHS is made at first scan no complimentary re scan will be offered / required).
- Family members/friends are more than welcome to join your appointment. You can bring 3 guests with you (in total 4 including yourself) children are welcome. However, if this is your first scan, we recommend not to bring children or a group of friends/family with you to your early dating scan appointment.
- If you have been unwell in the last 48hr with any contagious/infectious illness (i.e. chickenpox, flue, measles) we will be unable to scan you and we will ask to notify us immediately. In some very specific circumstances (e.g., recent surgery, vaginal infections etc.) an TVUS is not suitable, and they will not be offered.
- If you require a translator, please let us know in advance of your booking.
- Modification. We reserve the right to modify or improve our service without prior notice.
- Photography & recording. To protect the privacy of staff and other clients we do not allow any unauthorised photography in our clinic without permission. From time to time, we may invite clients for photographic opportunities. We retain the right to use such photographs in our marketing activity.
- Age. You must be an adult (18 years old or over) for all our scan appointments.
- 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 but not American Express. 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. 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.
- We will give you the opportunity to read our Service User Guide on our website: www.babyscanstudio.com under “Useful Info” prior to your appointment. Send via email with the Appointment confirmation email. This information can be downloaded and/or printed from our website
- Information we require to provide the services. We will need certain information from you to provide the services (for example, hospital notes, pregnancy history and/or health information). 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” 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 images and a report if the sonographer decides to refer you to your NHS Care provider for further checks.
Information you will receive after the scan: We will provide you with a written report and depends on which type of scan you have booked, photographs of your baby. Specific details on what is included in each type of service are included in ‘Our Services’, on our website. - 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. However, certainly we will make every effort to correctly identify the sex of your baby.
- 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.
- BABY SCAN STUDIO ASHFORD will not be responsible for any breach of this contract caused by circumstances beyond its reasonable control.
- BABY SCAN STUDIO ASHFORD LIMITED owns the intellectual property used in the promotion of our services, manages, and maintains the website and booking system. BABY SCAN STUDIO ASHFORD LIMITED is party to this agreement for the purpose of this Condition 17 only. BABY SCAN STUDIO ASHFORD LIMITED shall have no liability for our failure to comply with these Conditions (including provision of the services).
- BABY SCAN STUDIO ASHFORD LIMITED reserves the right to modify the service without notice from time to time. If by doing so the service is materially different, then you will have a right of cancellation.
- BABY SCAN STUDIO ASHFORD LIMITED will not be responsible or liable for any incidental or consequential loss or damage:
- a) Caused by any act or omission by BABY SCAN STUDIO ASHFORD LIMITED or its employees, servants, or agents
- b) Suffered by any person acting or failing to act as a result of the contents of any scan or any information supplied in connection with the scan. Nothing in this clause shall exclude or restrict any liability for death or personal injury arising from the negligence of BABY SCAN STUDIO ASHFORD LIMITED.
- 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. Whilst we respects client confidentiality, in the case of a safeguarding risk to woman, child or unborn baby we will be duty bound to share this information with other agencies.
- 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 https://ashfordadvice.org/ or call 01233 626 185.
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. Complaints Policy
These Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Clients are advised regarding BABY SCAN STUDIO ASHFORD LIMITED Privacy Policy which is available in paper format, on our website.
