-TERMS AND CONDITIONS-
Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please contact us before completing the purchase, after booking and paying for it. Our contact details can be found on our contact us page of our website www.elitecommunityultrasound.co.uk.
We update our Terms & Conditions on a regular basis, so make sure to check them every time you book a Scan.
When the T&C’s refer to the singular, they also refer to the plural, and vice versa.
Application
1. These Terms and Conditions will apply to the purchase of the services by you (the Service user or you).
2. We are Elite Community Ultrasound Ltd a company registered in England and Wales under number 10992486 whose registered office is at 58 Ringlet Close, Kennington, Kent, TN24 9FW with email address [email protected]: telephone number (07427601763) (the Service provider or us or we).
3. These are the terms on which we sell all ultrasound scan Services to you being offered on our website www.elitecommunityultrasound.co.uk. By completing the booking after making the payment for any of the Services, you agree to be bound by these Terms and Conditions.
4. These Terms and Conditions shall be applicable to any agreement entered into between us to provide a Scan and shall include the Elite Community Ultrasound Ltd Privacy policy and consent form (Contract).
Interpretation
5. Service user means an individual who makes the purchase the ultrasound scan service and on whom the ultrasound scan is carried out.
6. Contract means the legally binding agreement between you and us for the supply of the Services you have purchased from us.
7. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order.
8. Order means the Service user’s order (booking) for the Services from the Supplier as set out in the booking confirmation.
9. Services means the non-invasive ultrasound scan services, including any Goods, of the number and description set out in the Order.
Services
10. All ultrasound scan services we offer shall be provided in accordance with the description of that service and/or any Goods in relation to that service is as set out on our website under the description of each individual type of scan.
11. Service users acknowledge that ultrasound imaging is limited in its capabilities and that it may not be able to identify all pathological conditions or the underlying causes of symptoms. Other imaging modalities may be preferable. If you are uncertain about the appropriateness of any ultrasound scan, it is recommended that you seek advice from your GPs or qualified medical professionals.
12. Service users acknowledge that availing our scan services is not an alternative to seeking advice from their GP, midwife, or any suitable relevant healthcare professionals. Therefore, it is their responsibility to consult with your GPs or other qualified medical professionals regarding any abnormalities identified in your scan report.
13. The primary objective of all obstetrical ultrasound scans is to assess the health, wellbeing, or reassurance of the unborn child. Our pregnancy scans are intended to be used in conjunction with NHS scans and are not intended to replace NHS scans. If any fetal abnormalities are identified, we shall promptly refer you back to the National Health Service for further assessment and treatment. The incidence of fetal abnormalities may differ depending on your gestation at the you’re your scan is being performed. The National Health Service offers similar and supplementary antenatal services at no cost to the patient. The Elite Community Ultrasound Ltd cannot be responsible for any fetal abnormalities that may occur later in pregnancy or after the birth.
14. Furthermore, if your sonographer feels that there is an area of your baby’s development that needs attention, they will talk to you about it openly and with your consent and then refer you to your nearest NHS care provider for follow-up care. We will send a copy of your report to your local NHS care provider with your consent. It is your duty to ensure that you consult your NHS care provider after the scan.
15. It is important to be aware that while the accuracy of gender determination is high, it is not 100%, and therefore cannot be guaranteed by us.
16. All antenatal services provided by the NHS are highly recommended. You understand that a single ultrasound scan cannot be used as the only diagnostic test for your pregnancy. Ultrasounds are not suitable for all genetic scenarios. As per the BMUS, SOR and NICE guidelines which we follow state that not all abnormalities can be screened for or detected using ultrasound.
17. It is important to note that for all health scans, fertility scans, Musculo-skeletal scans and vascular ultrasound scan report is considered a diagnostic report and must be provided to the referring physician or doctor to plan for future patient care and treatment. While we cannot discuss the procedure or management that follows the diagnostic scan, we may include recommendations in the report for the referring physician/ doctor to consider.
18. All Services are subject to availability.
19. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer Responsibilities
20. You must co-operate with us in all matters relating to the Services, provide us and our authorized employees and Sonographers and/or Radiologists performing the ultrasound scan booked by you, provide us with all information required to perform the Services and obtain any necessary consents.
21. You must read and fully understand the description of the scan and follow the preparation set out in that scan you have booked with us.
22. Failure to comply with the above is a customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
23. The description of the Services in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services.
24. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
25. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
26. Service users must be at least 18years old on the date they receive the services we have been offering. In the case of self-referral scan service provided to you, it is your responsibility to ensure that any information in relation to that scan service you provided to us is accurate.
27. Upon arrival at our clinic, you will be requested to provide your personal information, such as your name, birth date and email address. Before signing the consent form, please read the Terms and Conditions (T&C). We kindly request that you submit the completed consent form prior to your appointment. If, for any reason, the form cannot be completed electronically, please contact us immediately for assistance.
28. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
29. Our Scans will be priced as indicated on our website, which may vary from day to day. We exercise due diligence to guarantee that the prices displayed on our website are accurate. If any inaccuracies are identified, please contact us.
30. We reserve the right to change our price, modify and improve our services, and withdraw or change the offer anytime without prior notice. We accept cash, debit, and credit cards, but we do not accept American Express. You will need to pay in full before your booked scan appointment date and time.
Delivery
31. We will deliver the Services on our clinic set out in your appointment confirmation we shall send you after the completion of your booking.
32. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
Withdrawal and Cancellation
33. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
34. You can cancel the appointment prior to receipt of the services by giving us at least 24hours notice. If you cancel or reschedule your appointment within 24 hours, your deposit is not refundable and cannot be transferred to your new appointment.
35. If you can’t make an appointment or running more than 15 minutes late for your appointment, we can, but we won’t be obligated to, provide you with an alternative date or time for your scan, based on our availability.
36. We reserve the right to cancel your booking at any time. In the event that we choose to cancel your booking, you will get a full refund of your deposit or the full amount you have paid for booking this service. However, we won’t be liable for any further compensation. Refunds are to be paid within 30 days from the date of cancellation.
Conformity
37. We will supply the Services with reasonable skill and care. Our
38. All our diagnostic ultrasound scan services are conducted by qualified and registered medical professionals who specialize in Medical Ultrasounds and have wealth of experience of working in the NHS settings and Private healthcare settings. These medical professionals may be radiographers and/or midwives, as well as doctors. In these Conditions, we refer to our medical professionals as sonographers(s)/ultrasound practitioners. Upon your agreement, we will perform a diagnostic ultrasound scan of the body parts which was booked by you, or you were referred by your GP, midwife or other suitable qualified health professionals for.
Privacy
39. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
40. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found privacy policy.
41. For the purposes of these Terms and Conditions:
a.’Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b.’GDPR’ means the UK General Data Protection Regulation.
c.’Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
42. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
43. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
44. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].
Circumstances Beyond the Control of Either Party
45. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel.
Liability and Excluding Liability
46. We do not exclude liability for death or personal injury caused by our negligence.
47. We shall not be responsible or liable for any injury, loss, or damage to your personal belongings whilst you are at our premises.
48. In the event that we fail to adhere to the Terms and Conditions of this Agreement, we shall be liable for any losses or damages you incur that are foreseeable as a result of our failure to comply with the terms and conditions of this Agreement or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach of the Terms and Conditions or if they were foreseeable by you or us at the time of entering into the Agreement. Liability under this Agreement shall be limited to the cost of the service.
49. You agree that the as a Consumer you are entering into the contract with us and we have no liability to you for any loss of profit, loss of business, business interruption or business opportunities.
General
50. Our contractual rights and obligations may be transferred to another organization; however, this shall be without prejudice to your rights and our contractual obligations under the Terms and Conditions.
51. Only upon our written consent you may transfer your rights or obligations under the Terms and Conditions to a third party.
Governing Law, Jurisdiction and Complaints
52. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
53. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
54. In the event that a court determines that any provision of this Agreement is unlawful, the remaining provisions shall remain in effect. Each paragraph of these Conditions shall operate independently.
55. We try to avoid any dispute, so we deal with complaints as follows: All complaints will be dealt with in accordance with our complaint policy, which can be found on our website. If you are dissatisfied with any service you have received from us you may make an informal or formal complaint by emailing us on [email protected] or write us via post on our business address: 58 Ringlet Close, Kennington, Ashford, Kent, TN24 9FW or by calling us on 07427601763.
56. Below you will find a summary of your main legal rights with a number of exceptions. For more information, please visit www.adviceguideline.org.uk, or give Citizens Advice a call on 0800 555 05 06.
57. You may request that we repeat or rectify a service if it has not been performed with due care and attention to detail, or that we refund you if we are unable to rectify the issue. In the case of goods (a picture, for example), the provisions of the 2015 Consumer Rights Act state that goods must be described, suitable for use and of satisfactory quality.
