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Additional terms

Effective Date: March 27, 2015

Zocdoc is always looking for new ways to give power to the patient. That’s why we’re constantly innovating! This document, alongside our Terms of Use, Privacy Policy, and Acceptable Use Policy, explains how our new products and features may be used.

These Additional Terms (“Additional Terms”) are incorporated by reference into Zocdoc, Inc.’s (“Zocdoc,” “we,” or “us”) Terms of Use and govern your use of certain portions of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in these Additional Terms shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE ADDITIONAL TERMS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE ADDITIONAL TERMS, YOU CANNOT USE THE SERVICES.

1. Payment and Transaction Processing.

1.1 Payment and Transaction Processing Generally.

You may be permitted to use the Services to pay for Designated Provider Services (as defined below), other products or services provided by the applicable Healthcare Provider, and/or other payment obligations, including, for example, your insurance copayments. In connection with such payments, we process your payment card information in accordance with our Privacy Policy. Zocdoc and/or its payment processing partner may collect from the applicable Healthcare Provider a transaction processing fee for our billing, collection and payment services (the “Transaction Processing Services”) performed in connection with such payment.

1.2 Designated Provider Services.

Certain Healthcare Providers may provide through the Services price information for their healthcare and related products and services (“Designated Provider Services”), and permit you to use the Services to pay for such Designated Provider Services.

Prior to scheduling an appointment for Designated Provider Services, please carefully review (a) the price information, and (b) all of the products and services that are included and excluded in each Designated Provider Service. Healthcare Providers are required to provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”), unless you separately agree otherwise. Services in addition to or different from Designated Provider Services may be available, offered or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing to any additional or different services. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.

1.3 Payment of Your Financial Obligations Under Your Insurance Coverage and Benefits.

Certain Healthcare Providers may permit you to use the Services to pay for all or a portion of your financial obligations under your insurance coverage and benefits (the “Insurance Payment Services”).

While we endeavor to use reasonable efforts to validate the Insurance Content (as defined in the Terms of Use) (for example, your copayment obligation), we make no guarantees and disclaim all warranties that the Insurance Content is correct since the Insurance Content is provided by the insurance provider or via a third-party clearinghouse. Please also keep in mind that (a) the Insurance Content is constantly being updated (for example, to reflect amounts you may have paid earlier towards your deductible), (b) you are likely to receive an explanation of benefits (or similar document) from you insurance company after you receive your Healthcare Provider’s services, and (c) you may owe your Healthcare Provider more than the amount you paid through the Insurance Payment Services.

1.4. Transaction Processing.

The transaction processing fee for the Transaction Processing Services reflects the fair market value for the Transaction Processing Services provided by Zocdoc and its payment processing partner. Healthcare Providers may separately charge you for additional or different products or services.

You acknowledge and agree that:

(a) you are responsible for and you will pay the Designated Price for the Designated Provider Services charged through Zocdoc by the applicable Healthcare Provider, as well as other amounts the applicable Healthcare Provider may charge through Zocdoc for any additional or different services rendered during or related to the applicable appointment;

(b) you remain responsible for paying all amounts required by law and/or contract (e.g., health plan agreement), including all cost-sharing obligations (such as, but not limited to, copayments, deductibles and other coinsurance obligations);

(c) Zocdoc may process your payment, and may do so in collaboration with our payment processing partner;

(d) Zocdoc is not responsible for any charges incurred for any products or services provided by Healthcare Provider, including any Designated Provider Service;

(e) Zocdoc is not responsible for any charges submitted for processing by Healthcare Providers;

(f) in the event you dispute any fees chargeable or charged through Zocdoc by a Healthcare Provider, you will resolve such dispute directly with the applicable Healthcare Provider;

(g) by using the Transaction Processing Services, you accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services; and

(h) you will promptly review all charges processed through the Transaction Processing Services, and immediately notify Zocdoc to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and

You further acknowledge and agree that: neither Zocdoc nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:

(A) if you have not provided us with accurate, current and complete payment information;

(B) if you do not have sufficient available funds or available credit to complete the transaction;

(C) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;

(D) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;

(E) if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or

(F) if we terminate or suspend the services we provide to the applicable Healthcare Provider.

2. SMS/TEXT COMMUNICATIONS.

We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.

3. THIRD PARTY SOFTWARE.

We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

4. APPLE DEVICE AND APPLICATION TERMS.

In the event you are accessing the Services via an application (“Application”) on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store, the following shall apply:

(a) both you and Zocdoc acknowledge that the Agreement (as defined in the Terms of Use) are concluded between you and Zocdoc only, and not with Apple, and that Apple is not responsible for the Application or the Content;

(b) the Application is licensed to you pursuant to the terms and conditions set forth in the Agreement solely to be used in connection with the Service for your private, personal, non-commercial use;

(c) you will only use the Application in connection with an Apple device that you own or control;

(d) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) you acknowledge and agree that Zocdoc, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) you acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(h) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(i) both you and Zocdoc acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

(j) both you and Zocdoc acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of certain terms the Agreement to the extent such terms relate to an Application on a device provided by Apple or an Application obtained through the Apple App Store, and that upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce such terms of the Agreement against you as the third party beneficiary hereof.

5. SURVIVAL.

Sections 1.4, 4 and 6 shall survive any termination or expiration of these Additional Terms and/or the Agreement.

6. UPDATES AND CHANGES TO THESE ADDITIONAL TERMS.

The effective date of these Additional Terms is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Additional Terms. We encourage you to periodically review this page for the latest information on any of the Services. The amended Additional Terms supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THESE ADDITIONAL TERMS, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.