Cherish-UK Ultrasound Scans Limited
Terms & Conditions of Service
· This page tells you information about us and the legal terms and conditions (Terms) that apply to the services that we provide.
· Please read these Terms carefully and make sure that you understand them before making a booking.
· You should save a copy of these Terms for future reference.
· We amend these Terms from time to time. Every time you wish to make a booking, please check these Terms to ensure you understand the terms which will apply at that time.
· These Terms, and any Contract between us, are only in the English language.
Any reference in these Terms to the singular includes reference to the plural and vice versa.
1. Information about us
1.1 We operate the website www.cherish-uk.com (‘our site’). We are Cherish-UK Ltd, a company registered in England and Wales and with our registered office at: 24 High Street, Sutton Coldfield West Midlands, United Kingdom B72 1UX. Contact no: 0121 354 4777, Email: firstname.lastname@example.org
1.2 To contact us, please see our Contact page.
2. Our Services
2.1. Details of the services we provide can be found on our ‘Our Services’ page.
2.2. We will not have access to your medical history and records at any time before, during, or after your appointment is carried out and we will therefore require you to provide us with information prior to your appointment. We will provide information during and after your scan and send the report and images of your scan or another service report/results by email to the email address you provided when you booked your appointment. You may be advised to consult your GP, Midwife, Health Professional, or Consultant based on the report findings.
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 site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
3.3 . From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.4 . You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and for ensuring that they comply with them.
3.5 . The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
3.6. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites 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
5. How the contract is formed between you and us
5.1. To book an appointment, please go to our online Booking page or please either email or call on us the number provided on our Contact Us page. If we can accommodate your request, for some of our services a deposit will be charged to your debit or credit charge at the time of booking. The Deposit is non-refundable, except as provided in sub-clause 7.3 below. Once we are in receipt of the Deposit, we will provide you with a date and time for your appointment. Payment of the balance will become due and payable in accordance with clause 6.3 below when the appointment has been completed. Payment shall be made after the procedure/scan/service is undertaken and Cherish-UK is not bound to deliver a report until paid for by the customer.
5.2. Please note that no refunds are given if the pregnancy is found to be too early for a Dating Scan, as is taken for use of the clinic service and the Consultant Nurse's time and expertise.
5.3. We will confirm your Appointment to you in writing, either by text or by email. The Appointment Confirmation will contain details of your Appointment and any preparation that we require you to take in advance of your appointment.
5.4. When you arrive at our Premises for your appointment, you will be asked to read and sign our Consent Form. You must sign the Consent Form before we will carry out the Scan or procedure.
5.5. The Contract between us will only be formed when we have received from you a signed and dated Consent Form.
5.6. Please arrive on time for your appointment so that you are relaxed and ready for your scan/procedure/service on time. If you are a little late we will do our best to fit your appointment into the remaining time available so as not to upset customers booked in after you.
5.7. We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. Any variations from these Terms will not be valid unless confirmed in writing by us.
5.8. Rescans- A well-being and gender confirmation include a rescan if the legs are crossed /awkward fetal position. All other scans specifically exclude a rescan.
5.9. In the event we are unable to obtain imaging at a rescan appointment, not withstanding circumstances beyond our control, no refund will be made in relation to any unused scan time.
6. Price and Payment Terms
6.1. The Price of our Services will be as quoted on our site. We take all reasonable care to ensure that the prices quoted on our site are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the Prices, please see sub-clause 6.4 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 provided. USB containing the documents or images are not included in the price and will be charged separately if required.
6.3. Our Prices may change from time to time, but changes will not affect any Price which we have already confirmed with an Appointment Confirmation.
6.4 It is always possible that, despite our reasonable efforts, some of the Services on our site 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 Service at the correct price. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Service to you at the incorrect (lower) price.
7. Cancellation and refunds
A confirmed booking is an appointment for which has been confirmed by text or email. Should you wish to cancel or amend your appointment the following terms apply:
7.1. In the event that you are unable to make the Appointment, we may, but shall not be obliged to, offer you an alternative date and/or time for a Service depending on our availability at the time if we have been given 24 hours notice. Appointment times cannot be guaranteed and we, therefore, accept no liability for any losses suffered as a result of late running Appointments.
7.2 . If you are late for your appointment, we reserve the right to cancel the Appointment. If you miss your appointment and you would like to re-book another appointment, a deposit will be required to confirm the new booking.
7.3. 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 of the date of cancellation.
7.4. If you cancel or don't show for your appointment we reserve the right, on your next booking to be asked to pay the full price of your appointment.
7.5. Our Consultant Nurse Sonographer may refuse to scan if the Expectant mother is found to be less than 16 years old. The Expectant mother must be 16 or older.
7.6. Cancellation of a confirmed appointment up to 24 hours prior to the scheduled appointment will not be subject to an amendment fee.
7.7. If a cancellation is made 24 hours prior to a scheduled appointment a paid deposit can be moved to a different day for the same service. Deposits are valued for 4 months only from the time of payment.
8. Our right to vary these terms
8.1. We may revise these Terms 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 Terms in force at that time will apply to the Contract between you and us.
9. Property and Image Rights
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 these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but 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 booked service.
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.
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. (a) 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, pandemic, epidemic or another 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.
(b) Once samples have been posted to our designated laboratories, postage delivery times are outside our control. We will not be liable or responsible for delayed delivery of samples in these circumstances and refunds will not be given if results are delayed.
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 service 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.
(c) we accept no responsibility for any loss or damage to personal effects howsoever caused whilst customers are on the premises.
(d) we reserve 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 the right to cancel.
(e) we will not be responsible or liable for any incidental or consequential loss or damage: Caused by any act or omission by Cherish- UK Ltd or its employees or agents and Suffered by any person acting or failing to act as a result of the contents of any scan/procedure/ service or any information supplied in connection with the scan/procedure/service.
(f) We will not be responsible for the breach of this contract caused by circumstances beyond its reasonable control.
12. Communications between us
12.1 . When we refer, in these Terms, to “in writing”, this will include e-mail.
12.2 . If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by post to: Cherish-UK Ultrasound Scans Limited, 24 High Street, Sutton Coldfield B72 1UX, Phone -0121 254 4777, Email: email@example.com. We will confirm receipt of this by contacting you in writing, normally by email.
12.3. If you are dissatisfied with any part of the booking process or have a complaint relating to a Scan or Service, 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 scan/ service /procedure.
12.5. Our commitment to customers is that we will treat your complaint seriously providing a prompt and confidential response. How to make a complaint: Contact our Registered Manager at the clause in these Terms requires you to give us notice in writing, you can send this to us by post to: Cherish-UK Ultrasound Scans Limited Phone -0121 354 4777, Email: firstname.lastname@example.org Your complaint will be fully investigated by the Registered Manager and a response issued within 21 working days, with the commitment to reaching a mutually satisfactory conclusion. Should your complaint be regarding the Registered Manager your complaint will be investigated by the Director.
13. Other important terms
13.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2. You may only transfer your rights or your obligations under these Terms 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 terms, 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 these Terms.
13.4. Each of the paragraphs of these Terms 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. We operate to the current internationally agreed safety standards issued by the British Medical Ultrasound Society (BMUS). In particular, the guidelines for thermal and mechanical indices and exposure times for obstetric ultrasound applications must be complied with and the ALARA (As Low As Reasonably Achievable) principle is applied throughout. This means we will not continue to scan if we have obtained satisfactory images and/or measurements of the baby so appointment times will vary from person to person.
13.6. The Quality of the 3D/4D images we are able to obtain depends on many factors such as the position of the baby, amount of amniotic fluid in front of the area being scanned and amount of tissue the sound wave needs to travel through ie: BMI, placenta, cord etc.
13.7. No Photography/Videography, including by mobile phones are allowed in the scanning room without prior permission.
13.8. No Food or Drinks are allowed in the scanning room or the reception room.
13.9. Scan / service / procedure bookings are allotted a specific time slot. Whilst every effort is made to ensure the appointment is carried out at the allocated time, appointment times cannot be guaranteed.
13.10. If we fail to insist that you perform any of your obligations under these Terms, 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.
13.11. These Terms 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.