1.2. How To Use the SingleCare Service and App
(a) Network Provider Appointments. The SingleCare Service gives you the ability to make appointments with and to receive discounts and pay for Healthcare Services rendered by medical, dental and other health related providers in the SingleCare Service network (collectively, "Providers"). You may access the Providers through the SingleCare Service and App. The SingleCare Service is only a directory and payment platform for Healthcare Services rendered by Providers. You may not make an appointment with a Provider without full activation on the Site, and, to be eligible for the Provider's discounted rates, you must present your SingleCare card or SingleCare ID number to the Provider prior to receiving any Healthcare Services. Any Healthcare Service you receive from a Provider shall be between you and the Provider and we shall have no responsibility for such Healthcare Services. In addition, we shall not be responsible for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers.
(b) Missed or Cancelled Appointments. In the event you miss or cancel your appointment with a Provider, you are solely responsible for any such Provider's fees associated with missed or cancelled appointments.
(c) No Guarantee of Provider Availability or Service. We will in no way restrict you from accessing any Provider in the SingleCare Service network, including through imposing waiting or notification periods. However, we do not guarantee the availability of the Providers you choose. A Provider may choose to dis-enroll from, or not participate in, our network at any time, or a Provider may not be available to take on new patients. Additionally, we do not guarantee that the Healthcare Services listed on the Site are provided by all Providers. Although we cannot guarantee that the Provider of your choice is available and can provide the desired Healthcare Services, we make commercially reasonable efforts to ensure that all Provider listings are as accurate as possible and will assist you in finding a Provider. Healthcare services not listed on the Site are not subject to a Provider's discounted rates.
(d) Limitations on Your Use of the SingleCare Service and App. The SingleCare Service and App are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Site or SingleCare Service, in any medium, without our prior written consent, or (ii) use the SingleCare Service in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing or otherwise transferring any discounts obtained through the SingleCare Service or any Provider, in violation of these Terms or any of your Provider's terms and conditions without our express written permission or the express written permission of the applicable Provider, as the case may be. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the SingleCare Service, or otherwise exceed the limited access granted to you by us. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
(e) Charges to Your Account. To register for the SingleCare Service, you will be required to provide a valid payment mechanism, e.g., a credit or debit card number ("Account"). We will use your Account to charge you (i) the Provider's discounted fee for the Healthcare Service at the time the Healthcare Service is rendered by the Provider, (ii) a fee for use of the SingleCare Service, and (iii) credit card processing charges, if any (collectively, the "Fee"). By requesting Healthcare Services, you authorize us to place a preauthorized hold against funds in your Account (the "Preauthorization") when you check in at the Provider's office. Once the Preauthorization is processed, you acknowledge and agree, in accordance with the terms and conditions applicable to your Account, that the funds subject to the hold will immediately be counted against any applicable credit limit and become unavailable to you for any other purposes. The amount of the Preauthorization may be any amount, including without limitation a fixed amount, an estimate of the Fee, or an estimate of the cost of some or all of the Healthcare Services you request. We make no guarantee, representation or warrant that the Fee you will owe and be required to pay will be the same as, more than or less than the amount of the Preauthorization. Without limiting the preceding sentence, you acknowledge and agree the Fee you will be required to pay may be more or less than the amount of the Preauthorization. If the Preauthorization is rejected, you will be responsible for immediate modification of your Account to allow for a hold to be placed on your Account prior to receiving Healthcare Services. This modification can be completed by you on the Site or by calling us at (800) 649-1617. Upon completion of the Healthcare Services provided by your Provider, your Account will be charged the Fee. It is the intent of SingleCare to charge your Account at the time the Healthcare Services are rendered by a Provider. In no event will we charge your Account for undisputed amounts more than thirty (30) days after the Healthcare Services are rendered by a Provider.
(f) Insufficient Funds in Your Account. You hereby authorize us, if the funds in your Account are insufficient to pay a Fee that has become due, to charge your Account the Fee or any portion of the Fee that we determine in our sole discretion, including without limitation: (i) the funds available; or (ii) the Preauthorization amount. You agree that we will attempt to debit your account any unpaid Fee amount due or a portion thereof, which we may determine in our sole discretion, up to 3 times within the 30 days following our being notified that funds in your Account are insufficient to pay a Fee you owe. You acknowledge and agree that you will be held responsible for and, we will pursue, in accordance with applicable state and federal laws, any Fee amount remaining unpaid after our attempts to debit your Account. If any portion of your Fee remains unpaid more than 30 days after becoming due under this Agreement, you expressly hereby agree that we reserve the right to debit your account until we are paid in full for any outstanding Fee. In addition to any efforts to debit your account or otherwise to collect unpaid Fees described in this section and without limiting any other right we have to cancel your account, you agree that we may cancel your account due to unpaid Fees. On a case-by-case basis, we may undertake good faith efforts in our sole discretion to agree with you on a payment plan whereby unpaid Fees will be paid, but we reserve the right to refer any Fee amount owed and unpaid for more than 60 days to a collection agent or otherwise to take legal action to protect our interests in or collect any unpaid fees.
You understand if you have an unpaid balance and do not make satisfactory payment arrangements, your Account may be placed with an external collection agency. You will be responsible for reimbursement of any Fees from the collection agency, including all costs and expenses incurred collecting your account, and possibly including reasonable attorney’s Fees if so incurred during collection efforts.
In order for us or our designated external collection agency to service your Account, and where not prohibited by applicable law, you agree that we and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you are providing, including wireless telephone numbers, which could result in charged to you, (ii) contact you by sending text messages (message and data rates may apply) or emails, using an email address you provide (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable.
(g) Changes to Your Account Information. YOU MUST PROMPTLY NOTIFY US IF YOUR ACCOUNT IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. SUCH CHANGES TO YOUR ACCOUNT INFORMATION CAN BE MADE AT THE SINGLECARE CUSTOMER SERVICE SECTION OF THE SITE. IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU MAY NOT HAVE ACCESS TO THE SINGLECARE SERVICE. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method. If we do not receive payment from your financial institution, credit card issuer, or other provider of your chosen payment method, you agree that we may invoice you and you agree to pay all undisputed amounts due on your Account upon demand.
(h) Dispute of Charges. You are responsible to validate that the Provider billed us appropriately. Should a dispute arise regarding any charged amounts, you must contact us within thirty (30) days of discovering the issue. Notice of disputed charges may be submitted to us in writing at the following address: 99 High Street, Suite 2800, Boston, MA 02110 or on the Site at www.singlecare.com, Contact Us, where you may send an e-mail to SingleCare at email@example.com. You may also call us regarding disputed charges at 1-800-649-1617. We will investigate and determine the appropriate solution. All disputed charges that cannot be appropriately resolved will be governed by the dispute resolution provisions set forth in Section 13 of these Terms.
(i) Procedure to File Complaints. If you have a complaint regarding the SingleCare Service, the App, or any other service received by us (other than disputed charges which are governed by Section 1(h) above), you may submit a complaint to us in writing at the following address: 99 High Street, Suite 2800, Boston, MA 02110 or on the Site at www.singlecare.com, Contact Us, where you may send an e-mail to SingleCare at firstname.lastname@example.org or by calling SingleCare. Members and Providers may call (800) 649-1617. We will investigate and determine the appropriate solution. All disputes that cannot be appropriately resolved will be governed by the dispute resolution provisions set forth in Section 13 of these Terms.
(k) Disclosure of Information to Other Account Members. By agreeing to these Terms of Service, you are acknowledging that we may, in the exercise of our professional judgment, our experience with common practice, and as described further below, make information pertaining to your care available to other SingleCare Members who share a SingleCare account with you. Because SingleCare allows Members to add their family members as Dependents to one SingleCare account, it may become necessary for SingleCare to send care-related information of a SingleCare Member to the SingleCare originating Member who is responsible for and/or listed on the SingleCare account. This disclosure may include information related to health care treatment. If you do not want SingleCare to disclose this information to another SingleCare Member sharing your account, you may request a restriction. The request must be in writing and sent to email@example.com. The request must specify the type of information that you do not want shared as well as the specific SingleCare Member that you do not want to receive your information. By agreeing to these Terms of Service, you acknowledge that, while SingleCare will use reasonable efforts to comply with your request, there may be circumstances in which SingleCare is unable to comply with your request. Additionally, if you do not notify SingleCare of your request, SingleCare will act on its professional judgment and experience and use and disclose your information in good faith and consistent with common practice. You hereby agree to hold SingleCare harmless for any losses or injury that arise, directly or indirectly, from SingleCare's sharing of your information with other SingleCare Members that share your account.
(l) Dependent. You acknowledge that you will add only dependents to your SingleCare Account for whom you have the legal right to do so, including but not limited to: a) any individual who is covered by any health insurance of which You are the primary policyholder; or b) any individual who can be claimed as a dependent for federal or state income tax purposes.