General Terms And Conditions
Effective Date: 12 June 2026.
Version: 2.0
These General Terms and Conditions (these “Terms”) set out the legal terms on which GetScanned (defined below) provides you with access to our Platform and the related coordination services, and how certain clinical, scanning and testing services are delivered to you through our clinical and other service partners.
Please read these Terms carefully and ensure that you understand them before uploading any records or placing an Order for any Services through our website or app. If you are unsure about any part of these Terms, please ask us for clarification.
You will be required to read and accept these Terms when registering an account and/or ordering Services. By accepting these Terms, you agree to be bound by these Terms in full (which include the relevant Service-Specific Terms that apply to your Order).
If you do not agree to comply with and be bound by these Terms, you will not be able to register an account or order Services through our Platform.
Summary
To ensure you are informed about your rights and responsibilities, we have summarised the key points of these Terms below for ease of understanding. Please refer to the complete and legally binding Terms (including Service-Specific Terms), which prevails and governs your access and use of the Services.
Who provides what services
- Clinicians make medical decisions and explain results (Clinical Services).
- Labs and scan centres carry out the scans (Provider Services).
- GetScanned provides the booking and coordination platform and related services (Platform Services).
Urgent findings
- The Radiologist, scan centre or relevant clinician is responsible for flagging urgent findings as part of the Provider or Clinical Services.
- GetScanned may provide routing and coordination support, but GetScanned does not define or determine urgent outcomes.
Not emergency care
- GetScanned does not provide emergency care and we are not an emergency service.
- If you think you have a medical emergency, call 999 or attend A&E.
Service-Specific Terms
- The detailed terms for each service are on the relevant Service-Specific Terms page.
- Services are provided for screening and informational purposes only. Screening results may be inconclusive, may contain false positives or false negatives, and cannot provide certainty as to your health status.
About These Terms
- These Terms govern:
- your use of the GetScanned website/app (the "Platform"); and
- the purchase of services offered through GetScanned, as described in an Order Confirmation and the relevant Service-Specific Terms, which forms the basis of the Contract as described in clauses 3 and 4 below.
- If you do not agree to these Terms, you must not place an order.
- You must be 18 or older to place an Order and/or access the Platform. Where a Service is expressly made available to an individual under 18, the Order must be placed by the individual's parent or legal guardian, who warrants that they have authority to act on the minor's behalf and to provide any required consents and information, and who is responsible for ensuring the minor complies with any pre-test/pre-scan instructions.
Definitions
In these Terms, the following words have the meanings below.
- "Applicable Data Protection Laws"
- means the data protection and e-privacy laws that apply to how we and our service providers use Personal Data, including the UK General Data Protection Regulation (UK GDPR); Data Protection Act 2018 (as amended by the Data (Use and Access) Act 2025); Privacy and Electronic Communications (EC Directive) Regulations 2003 ("PECR"), and any replacement or updated laws that apply to the services.
- "Business Day"
- means any day other than a Saturday, Sunday or bank holiday in the United Kingdom.
- "Clinical Services"
- means healthcare services involving clinical judgment or advice, clinical explanations and other clinician-delivered services described as clinical services in the relevant Service-Specific Terms (including clinical consultations, assessments, referrals, diagnoses, reporting, medical advice, and imaging review), provided by the CQC Registration Provider and/or Clinicians.
- "Clinicians"
- means the independent third-party healthcare professionals who are engaged as independent contractors by our Third-Party Service Providers and provide the Clinical Services, including (as applicable) General Practitioners ('GPs'), radiologists, sonographers, and medical imaging technicians. Clinicians may be engaged by the CQC Registration Provider and/or Third-Party Providers as employees or independent contractors, and (where expressly stated in the applicable Service-Specific Terms) may include healthcare professionals engaged by GetScanned in non-clinical support roles (for example, product, education or customer-support functions). Unless expressly stated in the applicable Order or Service-Specific Terms, Clinicians do not act as GetScanned's employees or agents for the provision of Clinical Services.
- "Commencement Date"
- means the date of commencement of the Contract, being the date on which we accept your Order by means of an Order Confirmation.
- "Contract"
- means the contract for the provision of Services, as set out in clause 4.
- "CQC"
- means the Care Quality Commission, regulator of health and social care in England.
- "CQC Registration Provider"
- means Get Real Health Limited (company number 12744898), which provides certain regulated Clinical Services (where applicable) through its Clinicians.
- "GetScanned", "we", "us" or "our"
- means GetScanned Ltd, trading as 'GetScanned' / 'GetScanned UK', registered in England under company number 15634790, with its registered address at Jactin House, 24 Hood Street, Ancoats, England, M4 6WX.
- "Intellectual Property"
- means all intellectual property, including but not limited to patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- "Order"
- means your order placed through the Platform for the Services.
- "Order Confirmation"
- means our email confirming acceptance of your Order.
- "Personal Data"
- has the meaning given to it in the Applicable Data Protection Laws.
- "Platform"
- means the GetScanned website and/or mobile app, accessible at: https://uk.getscanned.me and any successor domain we use from time to time.
- "Platform Services"
- means the technology, administrative and support services we provide through the Platform, including booking administration, customer support, communications, coordination of appointments, and enabling access to results and consultation links and includes (where offered) tools that allow you to upload and store prior health results and display them in an interactive format.
- "Pre-Scan Consultation"
- means a telephonic consultation provided by a Clinician, for the purpose of assessing your suitability for the relevant scan or test, discussing relevant medical history, explaining the procedure, and obtaining any necessary consent.
- "Provider Services"
- means the practical delivery of scans by Third-Party Providers, including (as applicable) performing scans, capturing images, and handling results or logistics, and other clinical support functions as described in the relevant Service-Specific Terms. Any professional medical interpretation or clinical judgment relating to scan results (including radiology reporting) forms part of the Clinical Services, even where the scan is arranged or delivered by a Third-Party Provider.
- "Radiologist"
- means an independent third-party medical practitioner registered with the General Medical Council (or other applicable professional regulator) who interprets scan images and issues radiology reports, and who may be engaged by a Third-Party Provider and/or the CQC Registration Provider as an independent contractor (and not by GetScanned).
- "Scan Fee"
- means the fee payable by you for the relevant scan type as shown at checkout and confirmed in your Order Confirmation.
- "Scan Type"
- means the specific type of imaging service selected at booking, including (as applicable) MRI scans, CT scans, X-ray scan, DEXA scan, ultrasound scans, echocardiogram, mammogram, full body scan, and any sub-type or body area specified in your Order Confirmation.
- "Services"
- means the Platform Services and (where included in your Order Confirmation) the specific Clinical Services and Provider Services, as described in your Order Confirmation and the applicable Service-Specific Terms, and as may be updated on our Platform from time to time.
- "Service-Specific Terms"
- means the additional service-specific terms and conditions that apply to the service you purchase (for example "Diagnostic Imaging Services – Service-Specific Terms"), which forms part of the Contract.
- "Third-Party Providers"
- means external scan centres, imaging providers and clinical facilities with whom we contract to deliver certain Provider Services as part of our Services. This includes Get Real Health Limited (Company number 12744898), who continues in the capacity of our CQC Registration Provider. Such Third-Party Providers may, in turn, engage Clinicians or Radiologists as their own independent contractors.
- "writing"
- and any similar expression includes electronic communications whether sent by e-mail or other means.
- "You" or "your"
- means the individual person who creates an account with GetScanned and places an Order for the Services as the consumer.
Contracting Parties and Allocation of Service Responsibilities
- GetScanned provides Platform Services. We operate the Platform and provide Platform Services to enable you to access certain Clinical Services and Provider Services. This includes the provision of technology to enable bookings, coordination, administrative support, communications, and display (incl. visualisation) of results.
- GetScanned does not:
- provide medical diagnosis, medical treatment, emergency care, specialist medical services or any other Clinical Services. Nothing on our Platform or provided through the Services constitutes medical advice, diagnosis or treatment by or from GetScanned;
- replace your GP or other treating healthcare professionals. You remain responsible for seeking appropriate medical advice and treatment from suitably qualified healthcare professionals.
- Clinicians and the CQC Registration Provider provide Clinical Services. The CQC Registration Provider and/or Clinician are solely responsible for the clinical delivery, safety, accuracy, appropriateness and regulatory compliance of those services.
- GetScanned does not supervise, direct, control or oversee the clinical judgement or conduct of any Clinician or CQC Registration Provider.
- Any contract for Clinical Services is between you and the relevant Clinician and/or CQC Registration Provider (as applicable). GetScanned is not a party to that clinical relationship and does not accept responsibility for the acts or omissions of such third parties.
- Provider Services are delivered by Third-Party Providers. Any contract for Provider Services is between you and the relevant Third-Party Provider (as applicable). GetScanned is not a party to that service relationship and does not accept responsibility for the acts or omissions of such third parties.
- Clinicians and Third-Party Providers are not our employees, partners, or agents and have no authority to bind GetScanned.
- If any description on the Platform conflicts with these Terms, these Terms and the relevant Service-Specific Terms govern the relationship.
Orders – How Contracts Are Formed
- Contract Documents. These Terms and the relevant Service-Specific Terms govern your Order and, upon Order Confirmation, form the Contract between you and GetScanned.
- If there is any inconsistency between these Terms and the relevant Service-Specific Terms, the Service-Specific Terms prevail for that service.
- Marketplace. Through the Platform, we provide an online booking and access service that helps you find and book diagnostic scans and related services, and access certain results and consultation links. Different parts of the Services are delivered by different parties, as explained in clause 3 above.
- Placing an Order. All Orders for Services are placed on our Platform. To place an Order, you must complete the booking steps shown on-screen (including providing the required information).
- Review before you submit. Before you submit your Order, you will have the opportunity to review and correct it. Please check the details carefully (including the selected service, location and appointment details).
- Your Order is an offer. No part of our Platform constitutes a binding contractual offer capable of acceptance. When you submit an Order, you are making an offer to purchase the Services on these Terms.
- When we may decline an Order before acceptance. We may decline any Order (fully or partially) for legitimate reasons, including (without limitation): where the relevant Service or appointment slot is unavailable; where a Third-Party Provider is unable to provide the relevant Services for any reason; where a Clinician determines that you are not clinically suitable for a particular scan or test, or required clinical pre-conditions are not met; where we reasonably suspect fraud or misuse; or where we are required to do so by law.
- Acceptance. Our acknowledgement of receipt of your Order does not mean that we have accepted it. We accept your Order only when we send you an Order Confirmation, at which stage, a legally binding contract is entered into between us and you (the "Contract"). The Services agreed to under the Contract will be provided to you from the Commencement Date as described in the Order Confirmation, subject to these Terms.
- Order Confirmation. An Order Confirmation will confirm the following information:
- the Services purchased as described in the relevant product or service description on our website; and
- total pricing for the Services including, where appropriate, taxes and other additional charges.
- No other documents form part of the offer. Any marketing materials, listing content, price lists or other information we provide are for information purposes only and do not form part of any offer capable of acceptance.
- Age Requirement. You must be at least 18 years of age to place an Order and enter a Contract with us. Where a Service is expressly made available to an individual under 18, the Order must be placed by the individual's parent or legal guardian, who warrants that they have authority to act on the minor's behalf and to provide any required consents and information, and who is responsible for ensuring the minor complies with any pre-test/pre-scan instructions.
Platform Services
- If our Third-Party Provider or Clinician requires any information or action from you in order to provide the Services, we will inform you of this as soon as reasonably possible. You must also proactively provide complete, accurate and up-to-date information that may reasonably be relevant to any Clinical Services or Provider Services, whether or not you are specifically asked for it, including your medical history, symptoms, medications (including supplements and over-the-counter medicines), allergies, lifestyle factors, family history, prior diagnoses, prior test results, and any material changes in your health or circumstances.
- If any information or action required from you under clause 5.1 is delayed, incomplete, inaccurate, misleading or not proactively disclosed, this may delay or adversely affect the provision of the Services, including clinical assessment, reporting and follow-up. To the fullest extent permitted by law, neither GetScanned nor the relevant CQC Registration Provider, Clinician, Radiologist or Third-Party Provider shall be liable for any delay, missed diagnosis, delayed diagnosis, incorrect diagnosis or other loss, damage, injury, claim, expense or outcome to the extent caused or contributed to by that delay, inaccuracy, incompleteness or non-disclosure. Where additional work is required from us to proceed with the Services due to any such inaction or information deficiency, we may charge you a reasonable additional sum for that work.
- In certain circumstances, for example where there is a delay in you providing us information or taking action required under clause 5.1, we may suspend access to the Services (and will inform you of that suspension in writing).
- In certain circumstances, for example where we encounter a technical problem, we may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention we will inform you in advance in writing before suspending the Services.
- If you do not pay us for the Services as required by clause 6, we may suspend the Services until you have paid all outstanding sums due. If this happens, we will inform you in writing. This does not affect our right to charge you interest under clause 6.7 (Late Payment).
- Where the provision of any element of the Services depends on Third-Party Providers, you acknowledge that appointment availability and delivery timelines may be affected by the availability and operational requirements of those Third-Party Providers.
- The Services are provided for personal and domestic use only.
Pricing and Payments
- Pricing. Prices are shown at checkout and confirmed in your Order Confirmation.
- For the Services expressly listed in your Order, you will not be charged additional fees by us, unless you request additional services or products or agree to any optional upgrades.
- All Services are purchased on a standalone, per-scan basis. There is no minimum commitment and no recurring membership obligation.
- Payment Methods. We accept the methods of payment as fully described at checkout or when otherwise submitting your Order, this may include but is not limited to:
- Credit card;
- Bank transfer; and
- Klarna and PayPal (in which case you agree to be bound by their respective terms and conditions, as the case may be).
- Payment processing. We use Stripe as our payments processor. Please refer to our Privacy Policy for more information.
- VAT. All prices include VAT, if applicable. If VAT rates change, we will adjust VAT accordingly.
- Late Payment. If you do not make payment to us by the due date as shown in your Order, we may:
- charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Barclays Bank Plc from time to time. Interest will accrue daily from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum; and/or
- suspend your access to the Services and exercise our rights under clause 13 (Termination/Breach).
- Disputed Invoices. Interest for late payment will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
Appointment Cancellations, Rescheduling and No-Shows (General)
- Appointment cancellations/rescheduling and no-show rules may depend on the Service and the Clinician or Third-Party Provider.
- If you cancel or seek to reschedule any appointment with less than 24 hours' notice, or if (following a Pre-Scan Consultation) a Clinician recommends a change to the scan/test type and you choose not to proceed and instead cancel the appointment, you will be charged a cancellation or rescheduling fee. This fee will reflect any charges imposed by the relevant Third-Party Provider and/or Clinician and any reasonable administrative costs incurred by us.
- Where a fee applies under clause 7.2, we will notify you of the amount payable and provide details of the applicable charge.
- You acknowledge that rescheduling is subject to the availability and policies of the relevant Third-Party Provider or Clinician, and we cannot guarantee that an alternative appointment date or time will be readily available.
- You authorise us to charge the debit or credit card details provided by you for any fees properly payable under this clause 7, provided that such fees are reasonable and are permitted by applicable law.
- If you fail to attend a scheduled appointment without prior notice, or materially fail to comply with pre-scan instructions clearly communicated to you in advance by the Third-Party Provider, you will not be entitled to a refund.
- Once an appointment has been reserved, or Clinician / Third-Party Provider resources allocated, refunds may be reduced or unavailable to reflect any costs incurred, subject always to your statutory rights.
Cancellation or Rescheduling by Clinicians or Third-Party Providers
- Appointments are delivered by independent Third-Party Providers and/or Clinicians. These providers may occasionally need to cancel or reschedule appointments due to clinical, technical, operational or staffing reasons outside our control (including equipment failure, medical emergencies, or patient safety requirements).
- Where an appointment is cancelled or rescheduled by a Third-Party Provider and/or Clinician, we will use reasonable efforts to notify you as soon as reasonably practicable and to assist you in arranging an alternative appointment.
- In such circumstances, we shall not be liable for any loss, costs or inconvenience incurred by you as a result of an appointment being cancelled or rescheduled, including (without limitation) travel costs, loss of earnings or accommodation costs.
- Where the relevant appointment cannot be rescheduled within a reasonable time or a suitable alternative appointment cannot be arranged, you may request a refund of the fees paid in respect of that cancelled appointment (if any), subject always to your statutory rights.
Important Safety Information
- The Services are not emergency services and do not carry any life-saving or emergency equipment.
- If you feel unwell, consult your GP or attend your nearest Accident & Emergency department. If you believe you may be experiencing a medical emergency, immediately call your doctor, dial 999, or proceed to the closest Accident & Emergency department.
- You must not disregard professional medical advice or delay seeking medical treatment because of information obtained through the Services.
- The Services do not replace your usual GP or treating clinicians. You remain responsible for seeking appropriate medical care.
- The Services are provided for screening and informational purposes only. Screening results may be inconclusive, may contain false positives or false negatives, and cannot provide certainty as to your health status.
- Some elements of the Services, such as certain scans or procedures, may not be appropriate or possible for medical reasons. You may also decline a scan or procedure. In either case, the scan or procedure in question will not be carried out and alternatives may be offered, subject to the availability of our Third-Party Providers. For cancellation terms for appointments, see clauses 7 and 8 above.
- You agree and acknowledge that the results and analysis you receive in our report may contain information and data that you did not anticipate. This includes information that may indicate that you have a higher risk or likelihood to develop or contract certain diseases and conditions. You should carefully consider what impact such knowledge may have on your health and wellbeing.
- Where results indicate findings that may require urgent medical attention, we (or the relevant Third-Party Provider) will use reasonable efforts to notify you as soon as reasonably practicable. Delivery timeframes for results are indicative only and may vary depending on the relevant Third-Party Provider.
- You are responsible for reviewing and confirming any information, recommendations or results provided through the Services (including those provided by Clinicians) with your own physician or any other medical practitioners or healthcare professionals involved in your care, separate from your Contract with us.
- The Services in no way replaces your usual GP or other medical specialists treating any chronic conditions you may have, and we strongly recommend that you are registered with a local GP in your area. You should also keep consulting with any other healthcare professionals who are treating you for any condition as the Services are not a substitute for personalised medical advice.
- You must not disregard professional medical advice or delay seeking medical treatment as a result of any information provided by us. If you have any specific questions about any medical matter you should consult your physician or other professional Clinician. If you think you may be suffering from any medical condition you should seek immediate medical attention.
Referrals and Further Care
- We do not provide specialist referral services, coordinate secondary care investigations, or arrange treatment arising from Clinical Services (including any scan findings). However, where a Clinician recommends further investigations or specialist input, GetScanned may provide administrative support to help you arrange follow-on bookings and share referral documentation issued by the relevant Clinician.
- You remain solely responsible for:
- sharing scan results with your GP or other healthcare professionals;
- seeking appropriate medical advice; and
- arranging any further investigations or treatment.
- Where considered appropriate by a Clinician, you may be advised or referred by the Clinician to other healthcare professionals or specialists for further investigation or treatment.
- Any referral or recommendation for further care is initiated by the Clinician as part of the Clinical Services. Where such a referral is initiated, GetScanned's role is limited to facilitating the process operationally (for example, helping you book follow-on services at available rates through our partners, and communicating referral letters or requests issued by the Clinician).
- Any such referrals or further services are not included in your Scan Fee. If you choose to proceed, you will be responsible for any additional professional fees, charges or costs levied by the relevant third-party healthcare professionals or providers.
- GetScanned is not responsible for, and does not accept any liability in respect of, the acts, omissions, advice, diagnosis or treatment provided by any third-party healthcare professionals or providers to whom you may be referred. Your clinical relationship in respect of any such further care is solely between you and the relevant provider.
Your Legal Rights
- In addition to any other legal rights available to you, nothing in these Terms affects your statutory rights, including under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These rights are subject to certain exceptions.
- For detailed information please visit the Citizens Advice website: www.citizensadvice.org.uk or call 03454 04 05 06.
- Under the Consumer Rights Act 2015 you can ask us to repeat a service if it is not carried out with reasonable care and skill.
Complaints
- We sincerely hope that you will not have any need to complain, but should you need to complain for any reason please submit a complaint as set out below, as soon as reasonably possible.
- If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms, the Contract, or the Services, please contact us by email, addressed to the CEO, [email protected].
Termination and Breach
- You have the right to cancel your Contract, without reason, within 14 days from the Commencement Date by notifying us in writing. Should you request that we begin providing the Services during the cancellation period, you acknowledge that you may be required to pay for Services provided up to the date you cancel, calculated on a pro-rata basis, and we may deduct such amount from any refund due. Nothing in these Terms affects your statutory rights.
- Where you request that we begin providing the Services immediately, you acknowledge that once the Services have been performed (in whole or in part), you may lose your right to cancel in accordance with applicable consumer protection laws. Any refunds will be subject to these Terms and your statutory rights.
- You may terminate the Services and the Contract immediately by giving us written notice if:
- we have breached the Contract in any material way and have failed to remedy that breach within 30 days of you asking us to do so in writing; or
- we enter into liquidation or have an administrator or receiver appointed over our assets; or
- we are unable to provide the Services due to an event outside of our control (as under clause 19); or
- we make a material change to these Terms to your material disadvantage and you do not agree to such change.
- We may terminate the Services and the Contract immediately by giving you written notice if:
- you fail to make a payment when due as required under clause 6 (this does not affect our right to charge interest on overdue sums); or
- you breach the Contract in any material way and fail to remedy that breach within 10 days of us asking you to do so in writing; or
- we are required to terminate the Contract by law or regulatory requirement; or
- we are unable to provide the Services for a prolonged period due to an event outside of our reasonable control (for a period longer than that in clause 19 "Force Majeure").
- For the purposes of this clause 13, a breach of the Contract will be considered 'material' if it is not minimal or trivial in its consequences to the terminating party, regardless of whether the breach was caused by any accident, mishap, mistake or misunderstanding.
- We may terminate the Contract at any time before we begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible in writing. Any payments received from you will be refunded within 14 days of us confirming cancellation in writing.
- It may be necessary for us to suspend or discontinue some of the Services we provide to you where:
- any of our Third-Party Providers cease to provide the Services;
- any of our Third-Party Providers terminate their relationship with us;
- any of the Services become commercially unviable.
- Where any such suspension or discontinuation of Services occurs, we will use reasonable efforts to offer a suitable alternative. If we are unable to provide a suitable alternative, you may terminate the affected part of the Services and we will refund any amounts paid in advance for Services not provided, subject to your statutory rights.
- Any provision of the Contract that expressly or by implication is intended to have effect after cancellation, termination or expiry shall continue in full force and effect.
- Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination or expiry.
Privacy and Data Protection
- In providing Services to you, we will generate and process personal data relating to your health and wellbeing, including special category personal data consisting of diagnostic imaging data derived from medical scans, such as MRI scans, CT scans, X-rays, mammograms, and other similar diagnostic imaging procedures, and other biometric and health measurements ("Your Health Data"). You own Your Health Data.
- Where we reasonably believe that there is a serious risk to your health or safety, a safeguarding concern, or a risk of harm to others, or where we are required to do so by law, we may disclose relevant information (including Your Health Data) to appropriate medical professionals, emergency services, safeguarding authorities or other relevant third parties, to the extent permitted by Applicable Data Protection Laws. We will provide you with reasonable notice prior to doing so.
- We will collect and process personal data in accordance with our Privacy Policy, as amended from time to time. Our Privacy Policy is available at https://uk.getscanned.me/privacy-policy.
- When the Services are terminated, we will retain and make available your records/results only as required or permitted by Applicable Data Protection Laws and our Privacy Policy.
Anonymised Data
- Anonymisation authorisation. You authorise GetScanned to anonymise Your Health Data so that it is irreversibly anonymised and you are no longer identifiable or reasonably re-identifiable (the "Anonymised Data"). GetScanned may carry out this anonymisation itself or through its service providers, using appropriate technical and organisational measures.
- Permitted purposes. GetScanned may use the Anonymised Data for research, analytics, product development, model training, benchmarking, quality assurance, safety monitoring, and service improvement (including developing new features, services and insights).
- Licence. To the extent any rights subsist in the Anonymised Data (or in any dataset, database, compilation or other work created from it), you grant GetScanned a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to use, reproduce, host, store, analyse, adapt, modify, create derivative works from, aggregate, combine, publish and otherwise exploit the Anonymised Data for the permitted purposes in clause 15.2. This licence is transferable and sublicensable (including but not limited to GetScanned's affiliates, successors and assigns, and to research and technology partners).
- No attempt to re-identify. GetScanned will not attempt to re-identify the Anonymised Data and will contractually require its recipients and sublicensees not to attempt to re-identify it.
Regulation of Medical Services
- Clinicians and Third-Party Providers, as the case may be, are regulated by the following regulators in the United Kingdom:
- the General Medical Council (GMC), which regulates doctors, physician associates, and anaesthesia associates;
- the Nursing and Midwifery Council (NMC), which regulates nurses;
- the Medicines and Healthcare products Regulatory Agency (MHRA), which regulates medicines and medical devices;
- the CQC, which regulates health and adult social care in England; and
- Healthcare Inspectorate Wales (HIW), which regulates health and adult social care in Wales.
Intellectual Property
- We shall retain ownership of all Intellectual Property rights owned by us, and all that arise from the performance of the Services by us, including in any reports compiled by us or our subcontractors.
- We grant you a limited royalty-free worldwide licence to copy and use our reports provided to you for your own personal non-commercial purposes. You may not sell or otherwise transfer, publish or modify any report provided to you by us.
Our Liability
- Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, in particular, we do not exclude or limit liability for:
- fraud or fraudulent misrepresentation; or
- death or personal injury caused solely and directly by our own negligence.
- We shall only be responsible for loss or damage that is caused directly and solely by our breach of these Terms, or our negligence, and which is reasonably foreseeable.
- You acknowledge that GetScanned operates the Platform and provides Platform Services. Clinical Services and Provider Services (including tests, scans, sample handling, reporting and clinical interpretation) are provided by independent Third-Party Providers, Clinicians and/or Radiologists, who are solely responsible for the clinical delivery, safety, accuracy, appropriateness and regulatory compliance of those services, in respect of which we make no representations and assume no liability.
- To the fullest extent permitted by law, and without limiting clause 18.2, we shall not be liable for any loss, injury, damage, liability, claim or expense (whether arising in contract, tort (incl. negligence), or otherwise) arising howsoever from or in connection with:
- any diagnosis, medical decision, treatment, advice, interpretation, referral decision, clinical outcome or failure to diagnose by any Third-Party Provider, Radiologist or Clinician; or
- any act or omission of any Third-Party Provider, Radiologist or Clinician.
This does not affect any rights you may have directly against the relevant Third-Party Provider, Radiologist or Clinician.
- We do not guarantee that the Services will identify, detect or prevent any medical condition or disease. Screening and testing has inherent limitations and may produce false positives, false negatives, inconclusive findings or incidental findings.
- Scan results and reports reflect your physical condition only at the time the relevant scan/test is performed. We do not accept liability for any condition which develops after that date. You acknowledge that the tests or scans cannot identify mental illness or other similar conditions. Any visualisations or summaries displayed in the Platform are for presentation only, generated automatically, and do not constitute clinical interpretation by GetScanned, nor is it a substitute for consulting with, or choosing not to consult with, your medical practitioner.
- Without limiting clause 18.4, we shall not be liable for any loss, damage, injury, claim, expense or outcome arising from any inaccurate, incomplete, misleading or undisclosed information provided by you, or from your failure to proactively disclose information that may reasonably be relevant to the Services (including your medical history, family history, symptoms, medications, supplements, lifestyle factors, prior diagnoses, prior test results or information provided in any consent form or questionnaire), including any missed diagnosis, delayed diagnosis or incorrect diagnosis, to the extent caused or contributed to by that inaccurate, incomplete, misleading or undisclosed information or failure to disclose.
- Notwithstanding any provision in these Terms or Service-Specific Terms, we shall not be liable for any indirect, consequential, special or punitive loss or damage (including but not limited to, loss of profit, loss of business or income, business interruption or loss of business opportunity).
- Without limiting clause 18.8, we shall not be liable for any travel costs, loss of earnings, accommodation costs or other expenses incurred by you in connection with attending appointments, including where an appointment is cancelled or rescheduled by a Third-Party Provider or Clinician.
- We shall be responsible for loss of or damage to your tangible property caused solely by our negligence, subject to a maximum liability of £1,000.
- Subject to clauses 18.1 and 18.10, our total aggregate liability to you in respect of all claims arising under or in connection with the Contract and/or these Terms (whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) shall not exceed:
- where the relevant Services were purchased on a standalone basis, the total Scan Fee actually paid by you to us in respect of the specific Scan Type giving rise to the claim; or
- where the relevant claim arises solely from your use of free-of-charge features or services (including any uploaded-records / prior upload tools), £50 in aggregate.
- Any liability which is not expressly assumed in this Agreement by GetScanned is hereby expressly excluded. However, nothing in these Terms affects your statutory rights as a consumer, including under the Consumer Rights Act 2015.
Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
- If any event described under this clause 19 occurs that is likely to adversely affect our performance of any of our obligations under these Terms:
- we will inform you as soon as is reasonably possible;
- our obligations under these Terms will be suspended and any time limits that we are bound by will be extended accordingly;
- we will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Services as necessary;
- if an event outside of our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under clause 13.3; and
- if the event outside of our control continues for more than 4 weeks, we may cancel the Contract in accordance with our right to cancel under clause 13.4.
Communication and Contact Details
- If you wish to contact us, you may do so by email at [email protected].
General
- We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without our express written permission.
- The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
- If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms shall be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
- Except that the CQC Registration Provider, any Clinician, Radiologist and any Third-Party Provider may enforce clauses 5.1, 5.2, 18.4 and 18.7 under the Contracts (Rights of Third Parties) Act 1999, no part of these Terms is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not otherwise apply to this agreement.
- These Terms (together with Service-Specific Terms) constitutes the entire agreement between you and us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Governing Law and Jurisdiction
- These Terms, the Contract, and the relationship between you and us, and any dispute (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
- As a consumer, you may benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- For the purposes of enforcement of any arbitral award under clause 23.4, any dispute, controversy, proceedings or claim between you and us relating to these Terms, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Dispute Resolution
- If any good-faith dispute or claim ("a dispute") arises out of or in connection with these Terms, including any Service-Specific Terms, (including any question regarding its existence, validity, or termination), you and GetScanned (the "Parties") agree to use all reasonable endeavours to resolve the dispute by negotiation within ninety (90) days of one Party giving the other written notice of the dispute.
- If the dispute has not been resolved within that ninety (90) day period, the parties shall submit the dispute to compulsory mediation conducted by videoconference in accordance with the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure, which procedure is deemed to be incorporated by reference into this clause and which mediation proceedings shall be kept strictly confidential. Unless otherwise agreed in writing, the mediator shall be appointed jointly by the parties within five (5) calendar days after the end of the negotiation period. The mediation shall commence within ten (10) calendar days after the mediator's appointment. The cost of such mediator shall be borne equally by both Parties.
- If the dispute is not resolved within ten (10) calendar days after commencement of mediation, and the claim equals or exceeds £5,000 (Five Thousand Pounds), either Party may refer the dispute to final and binding arbitration conducted by videoconference under the Rules of the London Court of International Arbitration ("LCIA"), which rules are deemed to be incorporated by reference into this clause. The seat of arbitration shall be London, England. The arbitral tribunal shall consist of one arbitrator, appointed in accordance with the LCIA Rules. The language of the arbitration shall be English.
- The arbitral award shall be final and binding on the parties, and judgment on the award may be entered in the courts set out in clause 22.3 for purposes of enforcement. Nothing in this clause shall prevent either party from applying to a court of competent jurisdiction for urgent interim or injunctive relief.
Notwithstanding clause 22 and this clause 23, any claim by GetScanned for unpaid fees, charges, interest, early cancellation charges, or other sums due under the Contract (a "Debt Claim") is excluded from this Dispute Resolution clause 23. GetScanned may pursue a Debt Claim immediately by issuing proceedings in any court of competent jurisdiction (or taking any lawful debt-collection steps), and you agree that the negotiation/mediation/arbitration steps in this clause do not apply to a Debt Claim.
- For clarity, the existence of any dispute, complaint or counterclaim raised by you does not suspend or delay GetScanned's right to pursue a Debt Claim in a competent court, and any such counterclaim may be dealt with separately in accordance with this clause (unless a competent court orders otherwise).
These Service-Specific Terms apply where your Order includes any Services that involve diagnostic imaging scans or Scan Types, including (as applicable) MRI scans, CT scans, X-ray scans, DEXA scans, ultrasound scans, echocardiograms, mammograms, full body scans, together with any related Clinical Services and Provider Services, as described in your Order Confirmation, and as may be updated on our Platform from time to time.
These Service-Specific Terms apply in addition to the General Terms and Conditions ("General Terms"), and form part of the Contract between you and us. Where there is any inconsistency between these Service-Specific Terms and the General Terms, these Service-Specific Terms shall prevail in respect of the relevant Services to the extent of the inconsistency.
Any capitalised terms used but not defined in these Service-Specific Terms have the meanings given to them in the General Terms.
Nature and Scope of Services
- Where the Services you purchase include a Scan Type, that scan forms part of the Provider Services and is delivered by a Third-Party Provider, with associated Clinical Services (including radiology reporting and clinical interpretation) provided by Clinicians and/or Radiologists engaged through the CQC Registration Provider.
- Services may be used for screening purposes or as part of a diagnostic pathway, depending on the Scan Type, the information you provide, and the clinical context.
- The Services are intended to provide visual imaging of specified anatomical structures relevant to the Scan Type selected. The provision, booking or coordination of any Scan Type by GetScanned does not, of itself, constitute medical advice, diagnosis or treatment by GetScanned.
- You acknowledge and agree that the Services:
- do not constitute medical advice, diagnosis or treatment;
- do not constitute a definitive medical diagnosis; and
- do not replace assessment, diagnosis or treatment by your GP or other qualified healthcare professionals.
- The Services are intended to identify potential indicators which may warrant further clinical investigation.
- The Services are not preventative medical care and do not guarantee that a disease, abnormality or condition will be detected.
- You agree to comply with all pre-scan instructions, screening questionnaires, and safety requirements notified to you by us, the CQC Registration Provider, Clinician, Radiologist or a Third-Party Provider. Failure to do so may result in cancellation of the scan and forfeiture of the full Scan Fee.
No Medical Advice or Diagnosis by GetScanned
- GetScanned does not provide medical diagnosis, treatment or emergency medical services in connection with the Services.
- Any reports, images, summaries or findings provided following the performance of a specific Scan Type:
- are provided for informational purposes only; and
- must be reviewed and discussed by you with a registered medical practitioner before any clinical decisions are made.
- Only a suitably qualified healthcare professional can diagnose or treat medical conditions.
Pricing, Payment, Cancellations and Refunds
- The applicable Scan Fee is payable in full and upfront at the time of booking via the Platform, in accordance with your Order Confirmation and the General Terms.
- Pricing, charges, payment and refund terms are set out in the General Terms.
- If a Third-Party Provider or Clinician cancels your scheduled scan appointment, we will use reasonable efforts to reschedule your appointment within a reasonable period. If rescheduling is not possible, we will refund the scan component of the relevant fee (if paid), subject to clauses 7 and 8 of the General Terms.
Limitations of Scan Types
- You acknowledge that any Scan Type cannot provide complete reassurance and is not a guarantee of good health.
- You acknowledge and accept that:
- no scan can detect all diseases, abnormalities or conditions;
- some conditions may not be identifiable at the time of scanning;
- scans may produce false positive, false negative or inconclusive results; and
- the absence of findings does not guarantee the absence of disease.
- Scan Types reflect your physical condition only on the date the scan is performed and cannot predict future illness or disease.
Incidental Findings
- Scan Types may identify incidental findings, being unexpected findings that:
- may be clinically insignificant;
- may never cause symptoms; or
- may require further investigation.
- You acknowledge that incidental findings:
- may cause concern or anxiety;
- may result in recommendations for further tests, consultations or procedures, which are not included in your Scan Fee; and
- may incur additional costs.
- Provided the Services are delivered with reasonable skill and care, we shall not be responsible for distress, anxiety or similar damages arising from the receipt of any scan findings.
Clinical, Radiologist and Third-Party Providers
- Scan Types are performed by independent Third-Party Providers under a separate clinical engagement between you and that provider. We act only as an intermediary and facilitator, and do not provide the scan itself.
- Radiology reports are prepared and issued by Radiologists engaged through the CQC Registration Provider or Third-Party Provider as part of the Clinical Services.
- Third-Party Providers, Radiologists and Clinicians are solely responsible for:
- the clinical performance of the scan;
- image acquisition and interpretation;
- patient safety during the scan; and
- compliance with applicable regulatory requirements.
- We do not control or supervise the clinical judgment, equipment, protocols or staff of Third-Party Provider, Radiologist or Clinician.
Suitability and Contraindications
- Different Scan Types have different preparation requirements, risks and contraindications.
- Certain Scan Types may involve the administration of contrast agents or other substances. The suitability, administration and clinical management of any such agent is determined solely by the relevant Clinician or Third-Party Provider. You acknowledge that contrast agents carry additional risks, which will be explained to you where applicable, and that GetScanned has no role in determining or administering such agents.
- Certain medical conditions, implants or circumstances may make a Scan Type unsuitable or unsafe.
- You confirm that you will always provide complete and accurate medical information when requested prior to your scan.
- The Third-Party Provider or Clinician may refuse to perform, or may modify, a Scan Type where it is considered clinically inappropriate or unsafe to proceed. Accordingly, we reserve the right to reasonably refuse, postpone or cancel a Scan Type where we consider it clinically inappropriate, unsafe, or where the Third-Party Provider is unable or unwilling to proceed. Each Party's rights and obligations in such circumstances are described in clause 8 of our General Terms.
Results and Reporting
- Scan results and radiology reports are produced, issued and stored by the relevant Third-Party Provider. You authorise GetScanned to receive and store a copy of the report (and where applicable images) for the purposes of providing the Services, and we may share these with the Clinicians involved in providing the Services to you, in accordance with our Privacy Policy.
- We may transmit scan results to you as received but do not:
- verify their accuracy;
- interpret clinical or urgent findings; or
- provide medical advice.
- We shall not be liable for any delay, omission, error, or defect in scan imaging or reporting caused by the Third-Party Provider or Clinician.
- Timeframes for the delivery of results are indicative only and not guaranteed.
Informed Consent
- You understand that certain Scan Types may not be suitable for individuals with certain implants, metal fragments, pacemakers, pregnancy, severe claustrophobia or other contraindications.
- You understand that certain Scan Types may also involve physical discomfort, positional requirements or environmental constraints (such as compression or enclosed spaces). You acknowledge that such factors are inherent to certain imaging procedures and do not indicate that the Services have been performed improperly.
- You understand that certain Scan Types involve exposure to ionising radiation (CT Scans). You acknowledge that such exposure carries inherent risks and that decisions regarding the necessity, frequency and appropriateness of such scans are made by the relevant Clinician or Third-Party Provider, not by GetScanned.
- You understand that you may be required to remove jewellery and metallic items and comply with all safety instructions.
- By proceeding with a Scan Type, you confirm that you:
- understand the limitations of screening;
- accept the risk of false, incidental or inconclusive findings;
- understand that further investigation may be required; and
- understand that scan results must not be relied upon as medical diagnosis or treatment.
- You confirm that you have had the opportunity to ask questions and to seek independent medical advice prior to proceeding.
Liability
- Our liability relating to any Scan Type or Services is limited in accordance with the "Our Liability" section of the General Terms.
- Without limiting the generality of clause 18 of the General Terms (Our Liability), we shall not be liable for any loss arising from the clinical performance, interpretation or reporting of a Scan Type by a Third-Party Provider, Radiologist or Clinician, except to the extent caused solely and directly by our own negligence or wilful misconduct.