Terms & Conditions

This contract is between (1) CLAYTON CLINIC LTD ("we" "us") and (2) You, the customer ("you") and shall be governed by the following terms and conditions of sale ("Conditions"), none of which affect your statutory rights:

1. Our 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.

*The report you will receive attempts to provide a general overview of your pregnancy and the health of your baby. Ultrasound is not an exhaustive diagnostic tool and, as with any diagnostic tool, resultant conclusions are made at a snapshot in time. Due to these limitations, we advise all clients to make use of the full range of antenatal services offered by the NHS, which is designed to identify any problems with your baby's development. For the avoidance of doubt, your scan is just one part of the diagnostic process and isn't a comprehensive test for all possible genetic conditions, defects, or issues with pregnancy.  

**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. Specific scans looking at growth and anomalies provide longer scanning time purely for observing these factors.

2. Third Party Services 

Clayton Clinic acts as an intermediary for a variety of third-party services. Such services include, but are not limited to, blood diagnostic and analysis services. Clayton Clinic provides a blood phlebotomy service whereby samples are submitted to the third parties. All services booked through such third parties creates a contract by you and the third party in question, which is thereby responsible for the analysis and reporting of those results. Clayton Clinic is in no way responsible, or liable, for any final reports provided by those third parties. Current third providers include Innermost Healthcare, Sneakpeek and Medichecks.

3. Medical history  

Clayton Clinic 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.

4. Method 

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.

5. Modification to our services.

We reserve the right, without prior notice, to amend or adapt our service.

6. 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.

7. Minimum age requirement

To utilise our services you must be over 18 years of age.

8. Right to make changes

Please contact us as early as possible if you wish to make any changes to services or products ordered. We will do our utmost to accommodate your requirements although this cannot be guaranteed.

9. Order acceptance

Order acceptance: Your order is confirmed on completion of payment of a deposit of £25, via our website. In the unlikely event that we cannot accept your order you will be informed in writing and there will be no charge.

10. Prices

Prices are clearly displayed online. We accept payment by all debit or credit cards (with the exception of American Express). Cash will also be accepted if the booking is made in person at the clinic. 

11. Information we require in order to provide the services

Information will be required from you so that we can provide the services. This may include pregnancy history and/or health information etc. We will not be responsible for any delay in providing the services caused as a result of delayed or absent information. In this case we may charge a reasonable sum for any additional work we have undertaken to obtain the correct information.

12. Cancellation of the services by you

The Consumer Rights Act 2015 provides the right to an automatic 14-day cooling off period. If you cancel within 14 days of booking you are entitled to a refund for the amount paid for the cancelled service, less any deposit paid. If you cancel outside of the cooling off period, you can still cancel the services, however you will not be entitled to a refund. Clayton Clinic recognises that sometimes events occur beyond our control and we will always try to accommodate any change of appointment. Particularly, in case of a miscarriage, we will refund the cost of the cancelled service in full. 

13. Cancellation of the services by Clayton Clinic 

We may cancel or re-schedule the services if you have not informed us about any special requirements or if you have not provided the pre-appointment information requested. In this case, if we have not provided the services, we will refund any fees paid but may deduct any reasonable costs we have incurred.

14. What you will receive following the scan. You will receive a scan report or a well-being report ("Report") depending on which scan you have purchased.

Information you will receive after the scan: Clayton Clinic Ltd will provide you with a written report and photographs of your baby. Specific details on what is included in each type of service are included in ‘Our Services’, on our website, which can be found here: https://www.claytonclinic.co.uk/our-services.

15. Limitations of guarantee

Our aim is to provide you with the best images possible of baby. However, you should be aware that baby’s position during the scan can be unpredictable and may make a clear image impossible. Equally, we cannot guarantee the accuracy of the gender identification and we accept no liability for any incorrect indication. Of course, we will certainly make every effort to correctly identify the sex of your baby.

16. Our Liability 

Whilst on our premises Clayton Clinic shall not be responsible or liable for any injury, loss or damage to personal belongings. Our services are for private and domestic use and therefore we are not liable for any business losses. There is no intention to limit Clayton Clinic’s liability for damages where it is found that we, by gross negligence, undue care, intentional or unlawful misconduct, have caused loss, injury or damage. This section does not limit your rights as a consumer.

17. Copyright

a. This website and its content is copyright of Clayton Clinic Ltd [2022]. All rights reserved. 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

·  you may print or download to a local hard disk extracts for your personal and non-commercial use only

·  you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

b. Product ownership 

We retain ownership of any images we provide to you. The report is your property after payment for the service. 

18. Delays outside our control.  

If any event (equipment issues, power failure, changes in law or regulation etc) occurs which is outside of our control which affects your appointment we will notify you as quickly as possible. We will make every effort to reduce the effect of the delay but, if the delay is substantial we will refund you for any services you have paid for.

19. Data Handling

Clayton Clinic is both data controller and data processor for the purposes of providing our services only. In order for us to supply our services some personal information is required. In addition, for the processing of payments and identification purposes, personal information is also required. We will never disclose your information to any external body unless we have obtained your written consent. The exception to this is where we are required by law to give information to third parties. Unless confirmed otherwise by you, you agree to receive emails about special offers and products from Clayton Clinic Ltd.

20. Enforceability.  

Legal extent of our Terms and Conditions: 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

There is a whole host of information available to help you understand your key legal rights. Please contact the Citizens Advice website for more detailed information at https://www.citizensadvice.org.uk/consumer/. They can also be contacted on their national phone line 0800 144 8848.

Your rights under the Consumer Rights Act

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. This applies if you’ve purchased goods, for example a heartbeat bear, and have found it to be unsatisfactory. In this case you can ask for a refund or replacement subject to the item being returned in the condition it was sold. If you have found the service we provided was unsatisfactory you can request a repeat appointment or a partial refund.

How to contact us

Please advise either at your appointment or on the day of your appointment if you have any complaints and/or you are unhappy with any aspect of your appointment. We hope to be able to resolve or correct any issues you have at that time but, if this is not possible, please write to us at admin@claytonclinic.co.uk. Other methods of contact can be found here: https://www.claytonclinic.co.uk/contact-us.

Jurisdiction and governing law

The Terms and Conditions featured here are governed by the law of England and Wales. 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. We try to avoid any dispute, so we deal with complaints as follows;

1.     We request complaints to be made in writing detailing the cause for complaint and including information regarding appointment time, sonographer seen and the complaint issue.

2.     We will respond in writing within 48 hours.

3.     If we find that the complaint is valid and can be rectified then we will make every effort to ensure that it can be resolved either by offering a free appointment or a refund of monies paid.

4.     In the unlikely event that we cannot resolve the issue directly with you, you may wish to contact the alternative dispute resolution provider (see Online dispute resolution and Alternative Dispute Resolution below). 

Online dispute resolution and Alternative Dispute Resolution

If you are unhappy about our handling of your complaint you can contact an alternative dispute resolution provider for advice. Where services are purchased online you are able to submit a complaint online. The Centre for Effective Dispute Resolution (CEDR) specialises in Mediation and Alternative Dispute Resolution (ADR). This independent body provides business to consumer dispute resolution solutions.

For more information please visit: https://www.cedr.com/consumer/. *Note: CEDR is an independent non-profit organisation and a registered charity.