East Anglia Ultrasound Services Ltd

Terms & Conditions of Service

This page tells you information about us and the legal terms and conditions (T&C) which apply to the non-invasive diagnostic obstetrics and non-obstetrics ultrasound scans that we provide (Scan(s)).

These T&C will apply to any contract between us for the provision of a Scan and incorporate East Anglia Ultrasound Services Ltd’s Privacy Policy and Consent Form (Contract).

Please read the T&C carefully and make sure that you understand them before booking a Scan and other tests.

You should print a copy of T&C for future reference.

We amend T&C from time to time, as set out in clause 8. Every time you wish to book a Scan, please check the T&C.

The T&C and any Contract between us, are only in English.

Any reference in the T&C to the singular includes reference to the plural and vice versa.

1. Information about us

1.1 We operate the website www.eastangliaultrasound.co.uk (‘our site’). We are East Anglia Ultrasound

Services Ltd, a company registered in England and Wales under company number 08311359 and with our registered office at: East Anglia Ultrasound Services Ltd., Unit 4, IRWIN CENTRE, Scotland Road, Dry Drayton, Cambridge, Cambridgeshire, CB23 8AR.

1.2 To contact us, please see our Contact page.

2. Our Services

2.1 Details of the Scans that we provide can be found on our Services Provided page [Services].

2.2We will not have access to your medical history and records at any time before, during or after your

scan or other test is carried out and we will therefore require you to complete a Medical Questionnaire digitally before or complete a hard copy when you arrive for your appointment. We will send the report of your scan, the images or your blood test results by email to the email address you provided when you booked your appointment. You will be advised to consult your GP, Health Professional or Consultant based on the ultrasound findings/blood test results.

3. Use of our site

3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.

3.3 From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.

3.4 You are responsible for making all arrangements necessary for you to have access to our website.

You are also responsible for ensuring that all the persons who access our website through your internet connection are aware of our T&C, and ensuring that they comply with them.

3.5 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.

3.6 Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

4. How we use your personal information ?

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important T&C which apply to you.

5. How the contract is formed between you and us

5.1 To book a Scan, use our online booking or please call us on the number provided on our Contact Us page [Contact Us]. If we can accommodate your request, a deposit of £30.00 or £50.00 will be charged to your debit or credit card at the time of booking or you can pay the deposit by BACS. The Deposit is non-refundable, except as provided in sub-clause 7.3 below. Once we are in receipt of the Deposit, we can guarantee you with a date and time for your appointment. Payment of the balance of the cost of the scan or test (Price) will become due and payable in accordance with clause 6.3 below before the scan or test has been completed.

5.2 We will confirm your Appointment to you in writing, by email (Appointment Confirmation). The Appointment Confirmation will contain details of your Appointment and any preparation that we require you to take in advance of your Scan or other test. Failure to follow the instructions may result in cancellation of your Appointment or additional costs being charged.

5.3 When you arrive at our Premises for your appointment, you will be asked to confirm your date of birth and email address.

T&C must be read before signing the Consent Form. We would ask you to submit the signed consent form before your appointment. If for any reason you cannot complete the form electronically, please contact the clinic for assistance as soon as possible.

5.4 Subject to sub-clause 5.5 below, the Contract between us will only be formed when we have received from you a signed and dated copy of the Consent Form.

5.5 In the event that you are 16 years or under at the date of the Appointment, you will need to attend the Appointment with a parent or guardian. The Contract between us will only be formed when we have received from you copies of both T&C and the Consent Form signed and dated by both you and your parent or guardian.

5.6 We intend to rely upon T&C and any document expressly referred to in relation to the Contract between you and us. Any variations from T&C will not be valid unless confirmed in writing by us.

6. Price and Payment Terms

6.1 The Price of our Scans and other tests (except prices of bloods tests) will be as quoted on our website from time to time. We take all reasonable care to ensure that the Prices quoted on our website are correct at the time when the relevant information was entered into the system. However if we discover an error in the Prices, please see sub-clause 6.5 for what happens in this event.

6.2 The Price of a Scan includes a report and digital images sent to an e-mail address you provide.

6.3 An invoice will be provided to you, only if requested, after completion of the Scan and other tests detailing the Price due and payable by you in respect of the services provided.

6.4 Our Prices may change from time to time, but changes will not affect any Price which we have already confirmed with an Appointment Confirmation.

6.5 It is always possible that, despite our reasonable efforts, some of the Scans and other tests on our website may be incorrectly priced. If we discover an error in the Prices, we will inform you of this error and we will give you the option of continuing to book the Scan/Test at the correct price. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Scan/Test to you at the incorrect (lower) price.

7. Cancellation and refunds

7.1 In the event that you are unable to make the Appointment (or in specific cases of foetal position compromise, too early to confirm pregnancy location or heartbeat), we may, but shall not be obliged to, offer you an alternative date and/or time for a repeat Scan , depending on our availability at the time.

Appointment times cannot be guaranteed and we therefore accept no liability for any losses suffered as a result of late running Appointments.

7.2 Failing to inform the clinic when you are late for more than 15 minutes and not attending your appointment, we reserve the right to charge the full price and cancel your appointment.

7.3 If you are cancelling or re-scheduling your appointment in less than 24 hours your deposit is nonrefundable and non-transferrable to your new appointment.

7.4 We are entitled to cancel your Appointment at any time. If we decide to cancel your Appointment, you will be entitled to a full refund of the Deposit, but no further compensation. Refunds shall be paid to you within 30 days from the date of cancellation.

8. Our right to vary the terms and conditions

8.1 We may revise the T&C at any time by amending them. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.

8.2 Every time you make an Appointment with us, the T&C at that time will be applicable to your appointment.

9. Property and Image Rights

During your appointment you are not allowed under no circumstances to video recording or taking any images. All the images and videos of your appointment will be sent electronically after your appointment.

The property and copyright or other intellectual property rights in the contents of any document or images provided to you shall remain our property, but we shall grant to you on payment in full of the Price a non-assignable non-exclusive licence to use the same for the purpose of using the documents or images to obtain advice from your medical practitioner, but for no other purpose provided you keep intact all copyright and other proprietary notices.

10. Our liability to you

10.1 If we fail to comply with T&C, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of T&C or our negligence. We are not responsible for any loss or damage that is not foreseeable, including, but not limited to, the loss or damage to any personal possessions whilst you are on our Premises. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Our liability under this Contract is limited to the Price of the Scan and other tests.

10.2 You agree that you are entering into the Contract with us as a consumer and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence.

11. Events outside our control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in sub-clause 11.2.

11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, illness of employees, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our ability to carry out the Scan on the date and time provided in the Appointment Confirmation, where possible, we will arrange a new Appointment after the Event Outside Our Control is over.

12. Communications between us

12.1 When we refer, in the T&C to “in writing”, this will include e-mail.

12.2 If you wish to contact us in writing, or if any clause in the T&C, requires you to give us notice in writing, you can send this to us by pre-paid post to: East Anglia Ultrasound Services Ltd, Unit 4, The Irwin Centre, Scotland Road, Dry Drayton, Cambridge, Cambridgeshire, CB23 8AR or by e-mail to:

info@eastangliaultrasound.co.uk. We will confirm receipt of this by contacting you in writing, normally by email or post.

12.3 If you are dissatisfied with any part of the booking process or have a complaint relating to a Scan or other test, please contact us as provided in sub-clause 12.2 above within 7 days of the matter you are complaining about having occurred. Once a complaint is received, where possible, we will investigate the matter and revert back to you in response.

12.4 If we have to contact you or give you notice in writing, we will do so by e-mail or post to the address you provided to us when you booked your appointment.

13. Other important terms

13.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under the T&C.

13.2 You may only transfer your rights or your obligations under the T&C to another person if we agree in writing.

13.3 This contract is between you and us. No other person shall have any rights to enforce any of its the

T&C, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise and we and you will not need their consent to cancel or make any changes to the T&C.

13.4 Each of the paragraphs of the T&C operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.5 If we fail to insist that you perform any of your obligations under the T&C, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.6 The T&C are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.