Payment Terms and Rivian Wallet (Canada)
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Last updated: May 14, 2024
These supplemental Payment Terms apply to the payment features of the Rivian Site and Rivian App, which allow you to make purchases and pay for goods or services through your stored Payment Methods (the “Wallet”). The Wallet is maintained and operated by Rivian and its third-party payment service providers (collectively, “Rivian”). By using the Wallet, you must accept the Rivian General Terms and Conditions (the “Rivian Terms”) and these Payment Terms. Please read each of these documents carefully. Together, these documents establish what you can expect from us and what we expect from you as you use our services. Any capitalized words used but not defined in these Payment Terms have the definition given to them in the Rivian Terms.
By using the Wallet you:
- agree to be bound by the Rivian Terms and these Payment Terms;
- represent that you are at least 18 years of age or the legal age required to enter into an agreement in your jurisdiction of residence and capable of entering into a legally binding agreement; and
- authorize Rivian to verify the validity of your Payment Methods (see below) and to process and transmit your Payment Method information to facilitate transactions as described below.
We may modify the Payment Terms or any related policy or guideline pertaining to the Wallet at any time. We will alert you through the Rivian App, Rivian Site, and/or by the email you provide to us of any material changes to the Payment Terms. Notice of any material changes will be posted to these Payment Terms at least 30 days prior to the effective date of the changes. Customers will have 30 days following the effective date of the changes to communicate their refusal of such changes. Modifications will be effective immediately upon being posted on the Rivian App and/or Rivian Site or as otherwise indicated, and your continued use of the Wallet indicates your acceptance of the modified Payment Terms. If you do not agree to the Payment Terms or any modifications to the Payment Terms or Wallet, your only option is to stop accessing and using the Wallet.
The Wallet may be updated, suspended, modified or discontinued at any time without any notice or obligation to you. The Wallet may not be available during maintenance breaks and at other times.
a. Account Registration
To use the Wallet, you must register and associate a valid credit card, debit card, or link an eligible bank account (if EFT payments are enabled and available in your jurisdiction) (“Payment Method”) to your Wallet. Our registration process asks you for your name, address, Payment Method information and related information necessary to validate and process payments with the Payment Method. You agree to provide true, current, accurate and complete information during registration, and you agree to ensure your information remains up to date at all times. See our Privacy Notice regarding our use of personal information. By using the Wallet, you consent to the collection, use and disclosure of personal information by Rivian for all purposes identified in our Privacy Notice.
You authorize Rivian to confirm that your Payment Method is valid, including by submitting a payment authorization request or a low dollar authorization credit and/or debit, in accordance with the relevant rules of that Payment Method, such as the network rules of Visa, MasterCard, or American Express (“Network”). If we submit a low dollar authorization for your credit or debit card, your account is not actually being charged, and any temporary charge shown on your account will disappear in a few days. You understand that we may not add a Payment Method to the Wallet if we cannot verify the Payment Method.
You agree the Wallet is for your personal use and you will only use your Payment Methods in the Wallet. If you are using a corporate card, you represent that you have authorization to use such card for any payments submitted to Rivian and that such payments are business payments and not personal transactions.
To protect your Wallet, keep your password confidential and do not share your account details with anyone else. You agree that you assume responsibility for all charges made through your Wallet.
b. How Payments Work / Our Role
The Wallet lets you make payments using your stored Payment Method for goods and services offered by Rivian or certain third-party merchants (collectively, “Merchants”).
You acknowledge and agree that when you make a purchase from a Merchant using the Wallet (“Transactions”), the Transaction is solely between you and the Merchant, which may or may not be Rivian, as specified for each Transaction and such Transactions will be governed by the terms and conditions of such Merchant. You authorize our third-party payment service providers, including Stripe, Inc. and its affiliates, to collect, analyze, and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing your Payment Method and to any agreements between you and your financial institution. We are not party to the user agreements of the issuer of your Payment Method or your financial institution. Nothing in these Payment Terms modifies any such terms governing your relationship with the issuer of your Payment Method or with your financial institution. In the event of inconsistency between these Payment Terms and the terms of the issuer of your Payment Method or the terms of your financial institution, these Payment Terms will govern the relationship between you and Rivian with respect to the Wallet, and the terms of your issuer or your financial institution will govern the relationship between you and such issuer or financial institution.
When you initiate a Transaction, the Wallet will present your Payment Methods to you at the time of the transaction. After you select the Payment Method you would like to use, we may charge that Payment Method, or may share the Payment Method and related details with the Merchant or one of our third-party payment service providers, which will then process the Transaction. You authorize the charge or debit to your Payment Method as necessary to complete processing of a Transaction. You also authorize any crediting to your Payment Method in connection with reversals, refunds or adjustments related to a Transaction. You agree that a Merchant may resubmit a Transaction for processing one or more times in the event the Transaction is declined or returned.
c. Supported Payment Methods
Eligible Payment Methods are subject to change at any time. Credit cards are eligible Payment Methods for all transactions except vehicle sales. For vehicle sales transactions, Electronic Fund Transfer, wire transfer, or check are the available options.
d. Recurring Payments
If a Merchant offers you the ability to use the Wallet to make recurring payments on a monthly or other periodic basis, such as a subscription (“Recurring Payments”), you authorize the Merchant to charge your selected Payment Method on the specified schedule. The Transaction amount may be subject to change by the Merchant during a recurring payment period.
If your Payment Method is a credit or debit card and the details of your card information change, the issuer of your card may provide the Merchant with updated details that the Merchant may use to charge amounts you owe.
If your Payment Method is declined, you must provide a new eligible Payment Method promptly or services may be placed on hold with benefits suspended. If you provide a new eligible Payment Method and are successfully charged, benefits and services will be reactivated.
Unless otherwise stated, your Recurring Payments and the relevant billing authorization will continue indefinitely until you cancel such Recurring Payments. Unless you notify the Merchant before a recurring charge that you want to cancel, you understand your Payment Method will continue to be charged and you authorize the Merchant to charge your Payment Method to collect applicable fees. In the event of a conflict between the terms and conditions you agree to for your recurring purchase with a Merchant and these Payment Terms, the terms and conditions you agree to with the Merchant for your recurring purchase will govern. You may cancel Recurring Payments set up through your Rivian Wallet by contacting Rivian customer service at customerservice.ca@rivian.com or by calling 1-844-RIVIAN1. If you cancel such Recurring Payments and do not otherwise provide or arrange payment for a particular product and/or service, you acknowledge and understand that you will no longer obtain, be able to access, or have rights in the products and/or services associated with the canceled Recurring Payments. If you cancel Recurring Payments and do not arrange an alternative means of payment, you will continue to receive the product/service during any period for which you have paid-in-full.
e. Transaction History
When you make a payment using the Wallet, we will update your activity on the Rivian Site or Rivian App to reflect where you utilized the Wallet and provide you a Transaction confirmation. In some instances, the Transaction confirmation may serve as your receipt and the Transaction also will appear on your card or account statement. Except as otherwise required by law or by the terms of another agreement between us, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with your use of the Wallet, and (b) reconciling all transaction information associated with the Wallet. If you believe that there is an error or unauthorized Transaction activity, you agree to contact us immediately at customerservice.ca@rivian.com.
f. Cancelation; Refunds
Except as otherwise set forth in these Payment Terms or terms applicable to your Transactions with Rivian, all Transactions are non-refundable and non-reversible. You may have additional refund or charge-back rights based on a Merchant’s policies, or under your agreements with your Payment Method issuer or your financial institution, or applicable state or provincial and federal laws. You should review your periodic statement received from your Payment Method issuer and/or financial institution to verify your Transactions.
g. Customer Experience
We provide customer service for issues relating to how the Wallet works. For other issues – like pricing of goods and services, order fulfillment and cancellation, returns and refunds, product functionality or technical support - contact the appropriate Merchant. For issues related to your Payment Method, contact the issuer of your Payment Method or your financial institution.
h. Suspension or Termination
We may suspend or terminate your access to the Wallet in our sole and absolute discretion, for any reason, including inactivity, or for no reason, at any time upon notice to you unless provision of such notice is prohibited by law or a governmental authority. Without limiting the foregoing, we may also suspend your access to the Wallet if (a) you have violated the Payment Terms, (b) we determine that you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity related to your Wallet. We may be the sole arbiter in cases of suspected fraud, abuse or violation of the Payment Terms, and any decision we make related to termination or disabling of your access shall be final and binding. We reserve the right to change, suspend, discontinue or terminate the Wallet or a Payment Method, or any aspect of the Wallet, at any time, for any reason.
These Payment Terms and authorizations provided in accordance with these Payment Terms shall remain in effect until you cancel or terminate your use of our services, including the Wallet.
i. Effect of Termination
We will not be liable to you or any third party for any compensation, reimbursement, or damages in connection with your use of the Wallet, or any termination or suspension of the Wallet or your access to it, including with respect to any deletion of your information or account data. If your Wallet is terminated, you agree (a) to continue to be bound by the Payment Terms and remain responsible for any Transactions you have processed through the Wallet, (b) to immediately stop using the Wallet, and (c) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers.
j. Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WALLET IS AT YOUR OWN DISCRETION AND RISK, AND NONE OF RIVIAN OR ITS SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS, OR THE PAYMENT SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE WALLET, INCLUDING WITHOUT LIMITATION, ANY FAILURE TO COMPLETE TRANSACTIONS IN ACCORDANCE WITH YOUR INSTRUCTIONS. IN NO EVENT SHALL RIVIAN BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
k. Indemnity and Release
By using the Wallet, you agree that you will defend, indemnify, release and hold harmless Rivian and its subsidiaries and affiliates, and their suppliers, licensors, partners and advertising and promotions agencies, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of: (i) any use of your Wallet, (ii) your breach or alleged breach of these Payment Terms, (iii) any dispute or litigation caused by your actions or omissions, (iv) your negligence or violation or alleged violation of any applicable law or rights of third parties, or (v) your violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
l. Miscellaneous
The Payment Terms, together with any additional terms to which you agree when using the Wallet (including the terms and conditions of the product/service you are purchasing and the relevant privacy notices), constitute the entire agreement regarding the Wallet.
The Payment Terms are governed by, and construed in accordance with, the laws of the Province of British Columbia (except in relation to any conflict of law provisions thereof), except to the extent local law requires otherwise. If you are a resident of Quebec, the laws of Quebec will govern these Payment Terms.
If a judge or jury or arbitrator determines that any term or condition is illegal, invalid, or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect.
Our failure to exercise or enforce any right or provision of the Payment Terms shall not constitute a waiver of such right or provision.
You may not assign your obligations under these Payment Terms without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Payment Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Payment Terms shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
m. Rivian Support
If you have any questions, concerns, or claims regarding the Wallet, you may contact Rivian in the U.S. and Canada at:
1038 Homer Street, Vancouver, BC V6B 2W9, Canada customerservice.ca@rivian.com 1-844-784-4261
n. Privacy
Your use of the Payment Methods and the Wallet are subject to the Rivian Terms, and the Privacy Notice, each of which is incorporated herein by reference and available on our website at rivian.com/legal/terms-canada and rivian.com/legal/privacy, and any applicable agreements with individual Merchants and/or with the issuers of your Payment Methods and your financial institutions.
