Google Pay Terms and Conditions

These Google Pay Terms and Conditions (these "Google Pay Terms") are an agreement between you and Tria that govern your access and use of a debit or credit card issued pursuant to the Card Services Agreement, whether in plastic or virtual form, personal or business, and that is eligible for registration in Google Play. By adding your card to Google Pay on any device that accepts Google Pay, you accept these Google Pay Terms. These Google Pay Terms operate in conjunction with any terms and conditions which apply to any accounts or facilities accessed by use of this service.

Relationship to Google/Google Terms of Use

Google Pay is a service offered exclusively by Google using eligible devices. Tria does not own, operate, or control Google Pay, and is not responsible for any service provided to you by Google or by any third party engaged by Google. We likewise are not responsible for any information or other services provided to you by Google or any other third parties associated with Google Pay. We are not liable for any failure or performance of Google Pay. You understand that your use of Google Pay will also be subject to agreements or terms of use with Google or other parties. Google and Google Pay are registered trademarks of Google. These terms and conditions are in addition to those required by Google and other third parties.

Relationship of these Terms to the Tria Card Terms

Your enrollment into Google Pay does not impact any other agreement we have with you. The terms and conditions related to your card as amended from time to time remain in full force and effect regardless of whether you use Google Pay or not. For the avoidance of confusion, any transaction you make with your card using Google Pay will be considered the same as if you had used your card in person to conduct the transaction and all applicable fees and interest (in the event of an enrolled credit card) will apply per the terms of your applicable agreement with us.

Eligibility for Google Pay

In order for us to authorize your use of your card within Google Pay, your Payment Card and the underlying account must be in good standing and you must not be restricted from using Google Pay based upon any limitations imposed by Google, your wireless service provider, and /or any third party associated with Google Pay. We may terminate your Google Pay eligibility at any time when, in our reasonable discretion, we determine that your continued use of Google Pay may put us at risk.

Device Eligibility

You are required to have an eligible Google device in order to use this service. Google, at its sole discretion, determines which Google devices are eligible to be used with Google Pay. Devices which have been unlocked in an unauthorized fashion or otherwise modified are not eligible to use Google Pay. You acknowledge that use of an ineligible mobile device with Google Pay is expressly prohibited, constitutes a breach of these Google Pay Terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your card in Google Pay. For a complete list of eligible devices that support Google Pay, please see: https://www.android.com/pay/.

Fees

We do not charge any fees for using Google Pay. Please review your Card Services Agreement for any applicable fees, interests, or other charges associated with your card. You are responsible for any fees or other charges that your wireless carrier, Google, or other third parties may impose.

Suspension of Payment Card

We may suspend or terminate use of your card with Google Pay without notice at any time including if: (a) your card is suspended, blocked, or cancelled; (b) you, or any additional cardholder breach any terms and conditions; (c) there is suspicion of fraud/theft; (d) we are required to do so under any applicable law; (e) for any reason we exercise our discretion do to so. We may also cease supporting the use of cards in Google Pay at any tine.

Electronic Contact

You agree to receive electronic communications from us, including emails to the email address you have provided in connection with your Rain accounts. These electronic communications will relate to your use of Google Pay. You agree to update your email address when it changes by contacting us.

Data Privacy

You agree that we may collect, transmit, store, and use certain information about you and your use of your card in Google Pay with Google, a payment network and others in order to provide the services you have requested and to make information available to you about your card transactions. The transmission, storage, and usage of this data are governed by the Privacy Policy applicable to your card or the underlying account. You understand and acknowledge that third parties, such as Google and Visa, will have access to certain details regarding eligible card transactions made using Google Pay. You understand that information that is provided to or held by Google or other third parties in relation to Google Pay is outside the control of Tria. Any information you disclose to Google or any other third party is subject solely to their security policies and governed by their respective privacy policies and not the Rain privacy policy applicable to your card or the underlying account.

Transactions

You agree and acknowledge that any transaction history that may be displayed in Google Pay may be incomplete. Transaction history that may be displayed represents our authorization of your Google Pay transaction and may not reflect complete information about the transaction, nor any post-authorization activity, including, without limitation, clearing, settlement, reversals, returns or chargebacks. The transaction amount that ultimately clears, settles, and posts to your card's billing or monthly statement shall be the prevailing and official record.

Indemnity

You agree to indemnify, defend, and hold Tria harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of your use of Google Pay, any negligent or intentional action or inaction, and/or any breach of the terms and provisions of this Agreement. You agree that this paragraph shall survive the termination of this Agreement for any reason.

Your Responsibilities

Payment Card enrollment in Google Pay

If you want to add a card to Google Pay, you agree to follow the procedures adopted by Google and any further procedures we adopt. We may not add a card to Google Pay if we cannot authenticate the card or if we otherwise suspect that there may be fraud associated with the Payment Card. Google Pay allows you to make purchases using an added card wherever Google Pay is accepted. Google Pay may not be accepted at all places where your Payment Card is accepted.

Report Lost or Stolen Devices or Payment Cards

If you enroll in Google Pay and your device is lost or stolen, or you have reason to believe that your device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your card for use within Google Pay. Given that your device can be used like a card to make purchases, you must notify us in the event your device is lost or stolen with the same urgency as if your actual card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your card whether that use was through Google Pay or not.

Security

You are solely responsible for maintaining the confidentiality of your Google User ID, Google passwords, device passwords and any other means that you may use to securely access Google Pay on your device. If you share these credentials with anyone, you understand that you are giving that person permission to use your Google Pay to make purchases or access your personal and payment information available through Google Pay. You agree to safeguard your device at all times and not leave it unattended.

Account Ownership/Accurate Information

You represent that you are the legal owner of the account(s) and other financial information which may be accessed via Google Pay. You represent and agree that all information you provide to us in connection with Google Pay is complete, true and correct.

Notices and Change in Terms

We may make changes to these Google Pay Terms to be applied immodestly at any time. Subject to any applicable law, we will provide you with advanced notice. We may provide you with notice concerning any changes to these Google Pay Terms by posting the material on our website, sending an email to any email address you have provided in connection with your accounts with us, or any other appropriate medium.

Limitation of Liability; No Warranties

EXCEPT AS OTHERWISE REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING FROM OR RELATED TO YOUR ADDING A PAYMENT CARD TO GOOGLE PAY, OR YOUR ACCESS OR USE OF GOOGLE PAY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COINDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT) AS TO GOOGLE PAY AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM GOOGLE PAY.