Scotia Wealth Management ® Mobile Application Agreement

IMPORTANT: PLEASE READ THIS AGREEMENT BEFORE YOU ACCESS THE SCOTIA WEALTH MANAGEMENT ® MOBILE SERVICES, AS AMENDED AND UPDATED FROM TIME TO TIME (THE "SERVICE").

THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THIS SERVICE MAY BE MORE LIMITED THAN THE FUNCTIONALITY, INFORMATION AND DISCLOSURES THAT MAY BE AVAILABLE, IF APPLICABLE, THROUGH THE SCOTIA ONLINE® WEBSITE (“SCOTIA ONLINE”), SCOTIBANK® MOBILE APP OR SCOTIA ITRADE® MOBILE APP.

YOU AGREE TO REGULARLY ACCESS THE SCOTIA ONLINE WEBSITE, SCOTIABANK MOBILE APP OR SCOTIA ITRADE MOBILE APP, AS APPLICABLE, WHICH DO NOT HAVE THE RESTRICTIONS TO VIEW CONTENT THEREON THAT THE SERVICE DOES.

BY REGISTERING FOR AND/OR BY USING THE SERVICE, YOU CONFIRM THAT YOU AGREE TO BE LEGALLY BOUND BY THESE SCOTIA WEALTH MANAGEMENT MOBILE APPLICATION TERMS AND CONDITIONS AS MAY BE AMENDED AND RESTATED FROM TIME TO TIME (THE “AGREEMENT”), AND ALL OTHER APPLICABLE AGREEMENTS, TERMS, AND CONDITIONS THAT GOVERN THE  APPLICABLE ACCOUNT(S) WITHIN SCOTIA WEALTH MANAGEMENT AND SCOTIA ITRADE, INCLUDING, WITHOUT LIMITATION, SCOTIA ITRADE RELATIONSHIP DISCLOSURE DOCUMENT AND TERMS AND CONDITIONS, SCOTIAMCLEOD RELATIONSHIP DISCLOSURE DOCUMENT AND TERMS AND CONDITIONS, PRIVATE INVESTMENT COUNSEL INVESTOR GUIDE, THE SCOTIACARD® CARDHOLDER AGREEMENT, THE SCOTIABANK PRIVACY AGREEMENT, SCOTIA ITRADE CUSTOMER AGREEMENT AND ACKNOWLEDGEMENT, SCOTIA WEALTH MANAGEMENT AND SCOTIA ITRADE ONLINE ACCESS AGREEMENT, ONLINE SECURITY GUARANTEE, MOBILE SECURITY GUARANTEE AND THE DIGITAL ACCESS AGREEMENT, AND OTHER APPLICABLE ACCOUNT DOCUMENTATION,  ALL AS MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, THE "TERMS AND CONDITIONS").

THE SERVICE IS SUBJECT TO THE AGREEMENTS YOU HAVE IN PLACE FOR THE PRODUCTS AND SERVICES THAT YOU HAVE WITH US. IN THE EVENT THAT THERE ARE ANY INCONSISTENCIES BETWEEN THIS AGREEMENT AND THE TERMS AND CONDITIONS APPLICABLE TO SUCH PRODUCTS AND SERVICES, THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS APPLICABLE TO SUCH PRODUCTS AND SERVICES SHALL PREVAIL.

THE SCOTIABANK PRIVACY AGREEMENT FORMS PART OF THE TERMS AND CONDITIONS. FOR A FULL EXPLANATION ABOUT HOW, WHEN AND WHY WE MAY COLLECT, USE AND SHARE YOUR INFORMATION, AS WELL AS YOUR RIGHTS RELATING TO THAT INFORMATION, PLEASE FOLLOW THE INSTRUCTIONS BELOW, VISIT WWW.SCOTIABANK.COM/PRIVACY OR ANY SCOTIABANK BRANCH FOR A PAPER COPY.

SCOTIA WEALTH MANAGEMENT AND SCOTIA ITRADE ONLINE ACCESS AGREEMENT, SCOTIABANK PRIVACY AGREEMENT AND THE DIGITAL ACCESS AGREEMENT CAN BE ACCESSED ON THE SCOTIA WEALTH MOBILE APP BY CLICKING ON THE MENU AND THEN ON THE “PRIVACY AND LEGAL” LINK.

YOU SHOULD READ IMPORTANT DISCLOSURES, DISCLAIMERS AND LIMITATIONS ON LIABILITY, WHICH YOU WILL BE DEEMED TO HAVE ACCEPTED BY REGISTERING FOR AND/ OR USING THE SERVICE.

 

By registering for and/or using the Service, you will be deemed to have read, understood, and accepted the Agreement in the same way as if you had signed a printed version and you will be bound by it, and it will continue to apply each time you use or access the Service.

 

1. Definitions

In this Agreement, "we", "our" and "us" mean the applicable legal entity within Scotia Wealth Management® (including The Bank of Nova Scotia, The Bank of Nova Scotia Trust Company, 1832 Asset Management L.P.; and Scotia Capital Inc.) and "you" and "your" mean the individual who registered for and/or is using the Service. The Agreement applies to your use of the Service and any information contained therein. If you do not agree with any of the terms set out herein, you should not use the Service, and if you have already installed the Application, you should uninstall the Application from your Mobile Devices.

Account means any account you have with us that can be accessed and/or viewed through the Service.

Application means the Scotia Wealth Management mobile application we make available to you for download (either directly through us or through a third party authorized by us to make such Application available) to use the Service.

Authorization Credentials refers to each secret and confidential combination of numbers, symbols and/or letters selected by you, for your use, as a means of confirming your identity, authorizing transactions, and accessing services or accounts, in conjunction with this Service and/or your Card, Card Number or username. Your Authorization Credentials include, but are not limited to, your PIN, Biometric ID, and/or any other information, such as access codes, passwords, passcodes, and anything else we permit from time to time which allow you to use the Application, Service, or other digital services.

Biometric ID means a feature, including touch ID and face ID that uses biometric information such as fingerprints or facial features that is available on some Mobile Devices, allowing you to unlock your Mobile Device and access the Service.

Card means a Card Number that we have issued to you and that is associated with an Account(s); that may be set out on a physical card that we have issued to you; may be in electronic or other form; and can be used with or without, as applicable, your Authorization Credentials to access the Service.

Card Number means the unique number assigned to a Card.

Mobile Device means an internet-enabled smart phone, tablet, or any other wireless handheld computing device that we allow you to use to access the Service.

PIN is an Authorization Credential and is the secret and confidential personal identification number you have selected for use with your Card or the Application.

SIM Card means the small removable smart card in a Mobile Device that houses the subscriber identity module (SIM).

Username means a combination of numbers and/or letters or other characters that we may allow you to select.

 

2. The Service and the Application

As consideration for your continuing compliance with and agreement to be bound by the Agreement, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Application (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms and conditions in respect of which you will be notified at the time such update is made available) to access your Account(s) from your Mobile Devices, subject to the Agreement. You agree to maintain the current version of the Application by installing updates from time to time and you must agree to any updated terms and conditions in order to be able to use the Application. We only support the current version and immediately previous version of the Application.

By registering for and/or using the Service, you understand, acknowledge, and agree that:

(i) you must be a Scotia Wealth Management client with a valid and active Scotia Wealth Management account in good standing;

(ii) you may only use the Application on Mobile Devices that are authorized by Scotia Wealth Management as being eligible to receive the Service. The Application is currently available for selected Android and iOS devices only;

(iii) you will use the Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered Mobile Devices belonging to you;

(iv) you will at all times comply with and be bound by the Agreement;

(v) you will at all times comply with (and your use of the Service and the Application will at all times be in compliance with) all applicable laws, rules, and regulations, including, without limitation, applicable export and import control laws and regulations, and you will not knowingly allow any other party to use the Service or the Application for or in connection with any illegal purpose or activity. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations. It is your responsibility to comply with all local laws, rules and/or regulations;

(vi) you may only use the Application for the purpose of accessing Scotia Wealth Management services and for no other purpose whatsoever;

(vii) the Application is licensed only to you in accordance with the terms hereof and for the limited purposes set out herein;

(viii) you will compensate us for any damages suffered by us and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable legal fees and costs of any investigation) (collectively, the "Claims") from any third party in relation to any matters arising out of or in any connected with: (a) your access or use of the Service, (b) your breach of or failure to comply with any of the terms and conditions of the Agreement, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you;

(ix) use of the Service (including the Application) is at your own risk, and you are solely responsible for the use of any data, information, or services (including access or viewing of accounts) through the use of the Service, and any investment losses that may result;

(x) the Service (including the Application) is provided as a convenience to you. The information accessible through the Service may be more limited than the information available through Scotia Online, Scotiabank mobile app or Scotia iTRADE mobile app or through your official Account documentation and statements, and does not constitute an official record for the Account(s) to which it pertains;

(xi) you will comply at all times with all technical and security requirements which we establish regarding the Service (including the Application); and

(xii) in the event that you fail to comply with the Agreement, or all your Account(s) are closed, all rights granted to you in relation to the Application and the Service shall immediately come to an end and you will immediately delete the Application from your Mobile Device(s).

 

3. Restrictions regarding your use of the Services and the Application.

By registering for and using the Service, you represent and agree that you will not:

(i) alter, modify, adapt or translate the whole or any part of the Application, or any other computer software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part;

(ii) sell, resell, or make any commercial use of the content available as part of the Services (including the Application) or use any robots, bots, spiders, web crawlers, data mining software, or any other automated tools or data gathering or extracting software on such content or to collect any information therefrom or from other users of the Services (including the Application);

(iii) not use the Services (including the Application) for an illegal or improper purpose, or take steps that could have a negative impact on, interfere with, compromise, or alter the security, integrity or functioning of our systems or that could allow unauthorized access to our systems, including the systems of our affiliates;

(iv) use a third party's website, software, or service to access the Services (including the Application) to stream or otherwise make available any information we provide online, including stock market quotations or any other data or information services;

(v) merge the Application or any component thereof into any other programs or create derivative works based on any component of the Application or attempt to derive the source code thereof;

(vi) use the Application in whole or in part or any confidential information relating thereto to create software or derivative material that is functionally equivalent to the Application or any part thereof;

(vii) license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application or the Service in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Application or the Service, or any part thereof, or the information contained therein, to any other party;

(viii) copy the Application or the information accessible through the Service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Application or the Service whatsoever;

(ix) remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to, or contained within the Application or the Service;

(x) use the Application or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person; or

(xi) cause damage to any of the websites, servers, systems, or equipment used in the provision of the Service by The Bank of Nova Scotia, its affiliates, their licensors or any other third party, and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Service.

You agree that no Scotiabank partner, licensor or service provider (which includes, with respect to app store providers Apple Inc. and Google LLC), nor any of their respective licensors and/or affiliates, will have any obligation to you to provide any maintenance or to support the Service with respect to any Application nor will they have any liability whatsoever (to you or any third party) in relation to the Application or the Service, including without limitation, in relation to any sale, distribution, use, performance or non-performance of the Application or the Service.

Should you fail to comply with any of the above requirements you will be responsible for any and all related losses and will indemnify and hold The Bank of Nova Scotia, Scotia Capital Inc., 1832 Asset Management L.P, The Bank of Nova Scotia Trust Company, and each of their affiliates and licensors harmless from any and all alleged, threatened, or actual Claims in respect thereof. You also acknowledge that each of them will be third party beneficiaries solely with respect to the terms in this section “Restrictions regarding your use of the Services and the Application” and therefore will be entitled to enforce the terms of this section against you.

 

4. Title

By registering for and/or using the Service, you understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the Application or the Service, as either of them exist now or in the future, and all ownership, rights, title, interest and intellectual property rights in the Application and the Service, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of The Bank of Nova Scotia,  Scotia Capital Inc., 1832 Asset Management L.P, The Bank of Nova Scotia Trust Company, their affiliates and/or their licensors, to the extent applicable, and nothing herein shall be construed as granting any rights therein to you.

 

5. Security of Card, Authorization Credentials and Mobile Devices

You are responsible for maintaining the confidentiality and safekeeping of your Card, Card Number, Authorization Credentials and Mobile Devices. With respect to any Card in any mobile wallet on your Mobile Devices, your Card credentials (including the Card Number and other information specific to your Card) may be stored on your Mobile Device and/or SIM Card. Please check with your wireless carrier for current details.

Your responsibilities include:

  • keeping your Mobile Device in your possession, in a safe place and not letting anyone else use it;
  • keeping your Authorization Credentials confidential and memorizing them;
  • selecting Authorization Credentials that cannot be easily guessed, such as a combination selected from your name, date of birth, telephone number(s), address, or social insurance number;
  • not disclosing your Authorization Credentials to anyone else at any time, including any family member, friend, or financial institution employee;
  • taking all reasonable precautions to ensure that no one else sees or learns of your Authorization Credentials;
  • not storing your Authorization Credentials, other than your Biometric ID, on your Mobile Device;
  • not responding to text messages, pop-ups, emails, or other Internet requests asking you for your Authorization Credentials or other personal information (even if such messages appear to be from Scotia);
  • using your own private wireless data connection, and avoiding use of public Wi-Fi services, when you are using the Service (including the Application);
  • always signing out or logging out of a session using the applicable sign out or log out function;
  • complying with the terms of our Safe Computing Practices, Online Security Guarantee, our Mobile Security Guarantee located at scotiabank.com and any technical and security requirements we establish from time to time;
  • installing quality anti-virus and anti-malware software for your networks and making sure to install updates as they become available as updates typically have new security patches, and following our recommendation to install Rapport anti-virus software described at https://www.scotiabank.com/ca/en/about/contact-us/security/security-tools-and-tips/computer-security/rapport-security-software.html;
  • deleting, or having your wireless carrier delete, any Card credentials on your Mobile Device and/or SIM Card prior to any voluntary transfer or disposal of your Mobile Device.

Lost, Stolen or Compromised Card, Card Number or Authorization Credentials

You will notify us immediately if:

  • your Card (and/or any Mobile Device containing a Card in any mobile wallet) is, or you suspect that it is, lost or stolen;
  • someone else has, or you suspect that someone else has, used your Card, Card Number or Authorization Credentials; or
  • your Card, Card Number or Authorization Credentials has, or you suspect that it has, become known to someone else or has otherwise been compromised.

In the event that you suspect or immediately upon becoming aware that someone else knows or may have unauthorized access to your Authorized Credentials, or in the event of any other attempted or actual unauthorized access to the Service, or the loss, theft, misuse or compromise of any of your Authorized Credentials as related to the Service, you will immediately notify us by visiting the nearest Scotia branch or by calling us toll-free (Canada/US) at ENG 1-800-268-9269,  FRE 1-800-387-5004 

In addition to notifying us, you must also do the following:

  • enable the locking feature on your Mobile Device;
  • change your Authorization Credentials. For example, your PIN may be changed at the nearest Scotiabank branch or at our ABMs that allow you to make a PIN change (you will need to have your physical card with you to make the change). You can also reset your PIN by using the applicable “reset password” or “reset passcode” functions; and
  • for a lost or stolen Mobile Device containing a Card in any mobile wallet, you must contact your wireless carrier and have the carrier delete your Card and associated credentials for that Card from your Mobile Device.

Security of Authorization Credentials, Biometric ID, and Mobile Devices

Your Authorization Credentials must remain confidential to you only. You must NOT share or otherwise disclose your Authorization Credentials to anyone, including family members, friends, employees, bookkeepers, or anyone else including us.

You must  NOT: (a) write your Authorization Credentials down, (b) keep a poorly disguised record of them, (c) keep your Authorization Credentials together with your Card, (d) save your Authorization Credentials in your Mobile Devices (except for storing your own Biometric IDs on your Mobile Devices), or (e) respond to text messages, pop-ups, emails or other Internet requests that ask you to reveal personal information about yourself or your Account(s) including your Authorization Credentials.

We will never send you unsolicited text messages or emails asking for your Authorization Credentials. We will never ask you to validate or restore your Account or mobile trading access through unsolicited text messages or emails.

Protecting the security of your Accounts from unauthorized access through Biometric ID is important. Do not allow any other persons to register their fingerprints or any other biometric information on your Mobile Device. If the biometric information of another person is used to conduct transactions on your Accounts, such transactions will be deemed to be authorized by you. You will notify us immediately if access through Biometric ID has, or you suspect that it has, become compromised. In addition to notifying us, you must delete all biometric information from your Mobile Device. Scotia Wealth Management reserves the right to change, suspend or discontinue the use of Biometric ID on the Application, or the Service or any other digital service that it provides, at any time without notice.

 

6. Push Notifications

Description of Service. The push notifications service allows you to subscribe to various alerts for your Accounts, if applicable. You can choose to receive alerts via email and/or push notification to a Mobile Device. However, you will receive alerts via email and/or push notifications related to authentication to a Mobile Device regardless of your selection. An alert does not constitute a bank record for the Account to which it pertains. You hereby acknowledge and accept that each alert is sent to you without being encrypted and may include information pertaining to your Account. We will partially mask your Account numbers.

Your Mobile Carrier and Your Internet Service Provider. You may receive alerts through a Mobile Device via email and/or push notification. It is your responsibility to determine if your mobile carrier or Internet service provider supports the type of alert you have selected and if your Mobile Device is capable of receiving such alerts. Depending on your chosen alert delivery method, you must have internet and/or data services enabled on your Mobile Device. The alerts are subject to the terms and conditions of your agreement with your mobile carrier and/or internet service provider. You are responsible for any fees or charges of any kind whatsoever imposed by your mobile service provider and internet service provider.

Your Responsibilities – Unauthorized Access to Your Push Notifications or Alerts. Information such as your Account balance may be included in an alert. Anyone with access to your email or Mobile Device may be able to view these alerts. It is your responsibility to ensure that this information is kept confidential and secure.

Your Responsibilities – Updating Your Email Address and Mobile Device Number. The contact information you provide when enabling push notifications is not reviewed or verified by us prior to or following activation of the push notifications service. It is your responsibility to ensure that your push notifications contact information is current and accurate at all times including any email address or Mobile Device number.

Disabling or Changing Your Push Notifications Preferences. At any time, you may disable certain alerts or disable all alerts by editing your push notifications settings in menu within the Application.

Modifications to the Push Notifications Service. We reserve the right to suspend, modify or cancel the push notifications service at any time without notice, including by adding, deleting, or making changes to alerts and alert bundles. This means that you may begin to receive new alerts that we have added to the Service, whether as part of a bundle or otherwise, and/or you may no longer receive certain alerts you have currently enabled. However, you may always disable any new or modified alerts or disable all alerts at any time as described above under “Disabling or Changing Your Push Notifications Preferences.”

 

7. Feedback and Surveys

You may, from time to time, be asked to provide feedback about your experience using the Service or the Application. These feedback surveys are completely voluntary, and you are not obligated to fill them out.

By responding to a survey, you acknowledge that you consent to the collection, use, and sharing of any personal information you disclose in your feedback to the survey (along with your device’s model and name, operating system version, IP address and region), as further provided in the Scotiabank Privacy Agreement, the Scotiabank Digital Access Agreement and the Scotiabank Digital Privacy and Interest-Based Advertising Policy.  Please do not include any sensitive information such as your Client Number, Account Number or PIN.  Please note that the feedback you provide is used to better understand our clients’ needs, improve our products and services, and to prevent and detect fraud, and that we are unable to respond to feedback provided directly in the app. If you need assistance, please contact us.

By providing feedback, you hereby grant to Scotia Wealth Management a worldwide, royalty-free, non-exclusive, perpetual, transferable and irrevocable license to use, disclose, copy, and modify your feedback, in whole or in part, for any purpose. However, Scotia Wealth Management is not obligated to use any such feedback. Should you disclose to Scotia Wealth Management any unsolicited inventions or ideas including, but not limited to, technology, products, systems and/or services, Scotia Wealth Management may use such information without restriction. “Feedback” means any input you provide to Scotia Wealth Management regarding Scotia Wealth Management’s products and/or services, including comments or suggested changes to the Application, and Scotia Wealth Management’s current or future products, and/or services.

 

8. Information

We may provide market data and information (if applicable) (the "Information") to you under license from various exchanges and information providers. You may not redistribute or re-sell any Information which you obtain through the Application. All intellectual property rights owned by third parties in any Information provided by third parties shall at all times remain the property of such third parties. Your use of such Information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for any of Information provided by third parties and make no representations or warranties that such Information will be accurate or timely. As this kind of information comes from and ultimately belongs to third parties, we may not be able to guarantee its availability in your preferred language. You acknowledge and agree that we disclaim any responsibility to independently translate material or information that belongs to any third party. The Service, the Application and all Information contained therein is and remains our property and/or the property of our third-party licensors.

 

9. Termination and Modification

By registering for or using the Service, you understand, acknowledge, and agree that the applicable legal entities within Scotia Wealth Management, may in their sole discretion, at any time:

(i) modify any part of the Service and/or change the terms and conditions upon which the Service is provided to you;

(ii) discontinue or terminate the Service in part or in its entirety at any time without notice; in which event all rights granted to you hereunder shall immediately cease without notice to you

(iii) without notice terminate or otherwise limit your access to the Service at any time for any reason, including, without limiting the generality of the foregoing, in the event that we believe that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that Scotia Wealth Management believe that you are using the Service illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to you. Termination of your access to the Service shall not alleviate any continuing or unfulfilled obligations which you may have under the Agreement, which obligations shall survive termination of your access to the Service.

Notice of additional, amended/ modified or replaced terms and conditions for the Service (the “Change”) may be provided to you in any one or more of the following ways:

  • a notice addressed to you at your last address in our records;
  • a notice prominently displayed at all Scotiabank ABMs;
  • a notice on the Scotiabank website (www.scotiabank.com), Scotia iTRADE website (www.scotiaitrade.com) or Scotia Wealth Management site (www.scotiawealthmanagement.com)
  • a notice in your monthly or annual statements for your accounts with us;
  • an electronic notice or message sent to the Communications Centre of Online Banking or Mobile Banking;
  • posting an updated version at the Scotiabank website;
  • an email message sent to you at the last email address we have for you on our records;
  • a text message sent to your Mobile Device at the last number we have for you on our records;
  • an instant message sent to the last instant message contact information we have for you on our records; or
  • such other method(s) as we may permit.

Your continued use of the Service or ongoing registration in the Service acknowledges that you agree to and accept the Agreement after the Change.

 

10. Your Liability and Responsibility for Losses

Reference to Card below includes use of the Card with or without Authorization Credentials, as applicable.

By registering for and/or using the Service, you understand and agree that, without limiting the generality of the foregoing, you will be responsible and liable for all losses resulting from:

o   your own use of your Mobile Devices, Card(s) or Authorization Credentials and any use by a third party of your Mobile Devices, Card(s) or Authorization Credentials, including but not limited to, use by a service provider that provides an online account aggregation service, which retrieves, consolidates and presents your Accounts for the sole purpose of allowing you to analyze or view your Accounts in one place, that you authorized to use your Card, Card Number or Authorization Credentials.

  • any error or fraudulent use of the Mobile Devices, Card, Card Number, Username or Authorization Credentials by you, or authorized by you, including any errors using the Service;
  • failing to comply with your obligations to protect your Mobile Devices, Card, Card Number, Username or Authorization Credentials as described above under the heading “Security of Card, Authorization Credentials and Mobile Devices” or if you did not otherwise take reasonable steps that could have prevented the loss;
  • failing to notify us immediately if you become aware of the occurrence of any event set out above under the heading “Security of Card, Authorization Credentials and Mobile Devices;”
  • any other use of the Mobile Devices, Card, Card Number, Username or Authorization Credentials (including by a third party without your authority) to which you have contributed (through your actions or inaction) and which is not otherwise exempted under a provision of the Terms and Conditions; and
  • any other failure by you to comply with the Terms and Conditions.

Provided you have met your responsibilities under the Terms and Conditions and subject to the provisions of the section “Important Disclaimers and Our Liability,” you are not liable for losses resulting from the Service due to:

  • technical problems and other system malfunctions that are beyond your control;
  • errors, fraud, or negligence caused by us (provided in the case of the errors, you have provided notification of that error as specified in the applicable agreements you have in place for products and services (including Accounts);

 

11. Important Disclaimers and Our Liability

By registering for and/or using the Service, you acknowledge and agree that it is not possible for us to provide the Service free from defects. The Service may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors beyond our reasonable control, including technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason. The Service may be adversely affected by the performance of and any outages on mobile carrier networks, or when you are not in an area of mobile coverage, or other factors beyond the control of legal entities within Scotia Wealth Management or any of their affiliates or their licensors or any third party, and none of them will be liable therefor.

You understand and agree that the Service and the Application are provided "as is" and "as available", and all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of/or conditions of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Service or the Application will be free from interruptions, defects, errors, viruses or harmful programs, be of a satisfactory quality, that any defects in the Application will be corrected by us, or that your transmissions will not be misdirected or intercepted are hereby expressly disclaimed.

None of the legal entities within Scotia Wealth Management, their affiliates, their licensors or any other third party makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information, including any quotation, market information or other information or data furnished through the Service, or that any such Information disseminated may be relied upon for any purposes. You acknowledge that it is your responsibility to verify any Information that you elect to use when taking any action with financial consequences.

Your sole and exclusive remedy against legal entities within Scotia Wealth Management, their affiliates, their licensors, and any other third party for any Information, and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to the issuance of corrected information as soon as reasonably practicable following their receipt of written notice of such problem from you.

YOU ACKNOWLEDGE THAT THE SERVICE AND THE APPLICATION UTILIZE COMPLEX COMPUTER AND TELECOMMUNICATIONS NETWORKS AND THAT, AS SUCH, CONTINUED, UNINTERRUPTED AND ERROR FREE ACCESS TO THE SERVICE AND/OR THE APPLICATION CANNOT BE GUARANTEED. IN LIGHT OF THE FOREGOING, NONE OF THE LEGAL ENTITITIES WITHIN SCOTIA WEALTH MANAGEMENT, THEIR AFFILIATES, THEIR LICENSORS, NOR ANY OTHER THIRD PARTY SHALL BE LIABLE IN ANY WAY FOR ANY DELAY, LOSS OR DAMAGE, DIRECT OR INDIRECT, WHICH YOU MAY INCUR OR ANY INCONVENIENCE WHICH ARISES OUT OF OUR PROVIDING OR FAILING TO PROVIDE ANY SERVICE, OR OUT OF ANY OBLIGATION OF SCOTIA WEALTH MANAGEMENT UNDER THIS AGREEMENT, FROM ANY OUTAGE, INTERRUPTION, DISCONTINUATION OR DELAY IN THE SERVICE OR THE APPLICATION OR ANY PART THEREOF OR ANY ERROR CONTAINED THEREIN, OR FROM ANY OTHER NON-PERFORMANCE, DEFECTIVE PERFORMANCE OR LATE PERFORMANCE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ERRORS DUE TO MALFUNCTION OF EQUIPMENT, PROGRAMS OR OPERATIONS OF ANY LEGAL ENTITIES WITHIN SCOTIA WEALTH MANAGEMENT, THEIR AFFILIATES, THEIR LICENSORS, OR ANY THIRD PARTIES, EXCEPT WHERE SUCH LOSSES RESULT FROM MISCONDUCT OR NEGLIGENCE BY LEGAL ENTITIES WITHIN SCOTIA WEALTH MANAGEMENT.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT, EVEN IF ANY LEGAL ENTITY WITHIN SCOTIA WEALTH MANAGEMENT, THEIR AFFILIATES, THEIR LICENSORS, OR ANY THIRD PARTY ARE NEGLIGENT, WILL SUCH PARTIES BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITY OR LOSS OF REVENUES, PROFITS OR SAVINGS, LOST OR DAMAGED OR CORRUPTED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, RELIANCE ON, OR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING TO VIEW/ACCESS ACCOUNTS THROUGH THE SERVICE) , THE APPLICATION OR THE INFORMATION, OR FOR ANY DELAY IN OR FAILURE OF TRANSMISSION OF ANY INSTRUCTIONS OR NOTIFICATIONS SENT TO US THROUGH THE SERVICE, REGARDLESS OF THE BASIS OF THE CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT OR TORT EVEN IF SUCH PARTY KNEW, SHOULD HAVE KNOWN OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT WE MAY BE LIABLE TO YOU, WE WILL ONLY BE LIABLE FOR DIRECT DAMAGES.

WE ARE NOT RESPONSIBLE FOR DAMAGES ARISING FROM YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, NOR FOR ANY ACCIDENT, ACT OF AGGRESSION, THEFT, LOSS, OR DAMAGE YOU MAY SUFFER WHILE USING THE SERVICE.

OUR LIABILITY IS SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION “IMPORTANT DISCLAIMERS AND OUR LIABILITY,” ANY OTHER SECTION OF THE TERMS AND CONDITIONS, AND ANY OTHER APPLICABLE AGREEMENTS.

WE ARE NOT LIABILE TO YOU FOR ANY DAMAGES ARISING FROM FINANCIAL INFORMATION APPEARING ON YOUR MOBILE DEVICE, WHETHER OR NOT THE MOBILE DEVICE IS LOCKED. FOR CLARIY, YOU ARE RESPONSEIBLE FOR ENSURING SUCH INFORMATION IS NOT ACCESSIBLE BY ANY OTHER PERSON EVEN IF, THROUGH A SERVICE FOR EXAMPLE, SUCH ACCESS DOES NOT REQUIRE UNLOCKING THE SCREEN OR MOBILE DEVICE.

 

12. Further Provisions Applicable to Your Use of the Service (including the Application)

Information We Collect. When you use the Service on your Mobile Device, we may collect information about your Mobile Device including IP address, operating system, model, name of your wireless carrier/internet service provider, settings, and locational data, as well as personal information such as transaction data, online activity, and use of the Service, including the Application.

This data is typically encoded information about how and when you use a website. It may be placed on your Mobile Device in the form of a small text file. We collect, use, and disclose this information for a variety of purposes as described in our Privacy Agreement and Digital Privacy and Interest-Based Advertising Policy at https://www.scotiabank.com/privacy including to:

  • determine which settings are appropriate for your computer system,
  • provide or enhance digital functionality and banking options,
  • identify connectivity (such as whether or not you are connected to a mobile or wireless network) and location of your Mobile Device,
  • assist in solving technical problems resulting from specific hardware or software configurations,
  • security and fraud detection and prevention purposes,
  • assess the effectiveness of our advertisements (which may be hosted on third party web sites), and
  • customize the Service, including to provide you with targeted information about products and services that may interest you.

You may withhold consent to the collection, use and disclosure of this information, although in some cases this may reduce the functionality of, or may prevent you from effectively using, the Service.

Carrier Plan(s). You acknowledge that your ability to use the Service (including the Application) relies on you having an appropriate active data plan and service for your Mobile Device. It is your responsibility to determine if your wireless carrier provides and/or supports data plans and Internet browsing as applicable to the Service (including the Application). Your access to the Service may be subject to the terms and conditions of your agreement with your mobile carrier. You are solely responsible for any and all fees imposed by your mobile carrier and Internet service provider. Please check with your mobile carrier for details. You understand that these services may no longer be available in the event that the data or other services for your Mobile Device terminates, lapses or is suspended. Your mobile carrier may charge you when you are using the Service and these charges may vary if you use your Mobile Device to access the Service when abroad. You are also responsible for any fees imposed by your wireless carrier and/or Internet service provider, including charges applicable when accessing the Service abroad.

Operating Systems and Mobile Devices. While we aim to support the use of the Service including the Application on most popular operating systems, browsers, Mobile Devices, and computer hardware available in Canada, we have no obligation to support, or continue to support, the use of the Service on all platforms. We will not support the use of the Service, including the Application, on any Mobile Device that has been jailbroken, tampered with, rooted, or otherwise modified by any person, be it at a hardware or operating system level, and you acknowledge that we will have no liability whatsoever for any losses suffered by you in connection with the use of such modified Mobile Device by any person.

Application Updates, Support and Deletion. When you use the Application, you agree you will maintain the Application up to date as new versions are released. You can uninstall the Application at any time in accordance with instructions provided by the operating systems provider for your Mobile Device.

 

13. Your Responsibility to Review Statements If Applicable

If you are able to view the information on your Account(s) by using the Service, you must regularly review your Account statements and balances(as applicable) to check and verify that all transactions and balances have been properly recorded and that you have not been the victim of fraud and report any errors, discrepancies, or omissions in a timely manner. Please see your applicable Account agreement(s) and related statements or other documents for details. Additionally, you will notify the applicable legal entity within Scotia Wealth Management immediately upon receipt of any confirmations of transactions and/or trades that were not completed/placed by you or someone whom you have authorized to transact/trade in your Account(s), and in the event that you do not receive confirmations of trades that you did place. If you believe there are any errors, discrepancies, or omissions you must tell us in writing within the applicable time period for your particular Account(s) and the record keeping option selected by you. If you do not tell us of an error, discrepancy, or omission including without limitation, unauthorized transactions, or forgeries, within the applicable time periods, you

 a)    will be deemed to have conclusively agreed to the Account information in our records, whether or not you have reviewed it, as you are required to do under this agreement, and

b)   agree that you will have no claim against us for reimbursement relating to any account entry, even if the instructions resulting in the charges to your account were forged, unauthorized or fraudulent.

 

14. General

Except for residents of Quebec, this Agreement will be governed by and interpreted in accordance with the laws applicable in the Province or Territory in which you live. If you live outside of Canada, this Agreement will be governed by and interpreted in accordance with the laws of the Province of Ontario and Canada, as applicable.

For residents of Quebec: (a) the terms and conditions of this Agreement are governed and interpreted in accordance with the laws applicable in the province of Quebec; and (b) you agree to submit to and be bound by those laws and submit to the exclusive jurisdiction of the courts of Quebec in the event of any dispute relating to this Agreement.

Performance of any obligation hereunder by any legal entity within Scotia Wealth Management or its affiliates shall be excused if prevented by acts of God or force majeure, public enemy, fire or other casualty, labour dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond reasonable control of legal entities within Scotia Wealth Management, their affiliates, their licensors and any third parties’ reasonable control.

Telephone calls, website use, use of the Service and communication between us, including via email, may be recorded. These recordings will be our sole property and may be used for training purposes or as evidence in the event of a dispute.

Nothing in the Service constitutes an offer or solicitation by us or any of our affiliates to buy, sell or otherwise deal in any particular investment.

If any provision of this Agreement is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portions of this Agreement valid and enforceable.

By registering for and/or using the Service, you acknowledge and agree that you have read and understood, and agree to be bound by, the Agreement including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of legal entities within Scotia Wealth Management, their affiliates, their licensors and third parties for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.

Language: Residents of Quebec only: You acknowledge having been provided with a French version of this Agreement. You acknowledge having expressly requested to enter into an English version of this Agreement instead and for all documentation relating to this Agreement, including any notices, to be drafted exclusively in English. Résidents du Québec seulement: vous reconnaissez qu’une version française de cette convention vous a été remise. Vous reconnaissez avoir expressément demandé de conclure plutôt une version anglaise de cette convention et que tous les documents s’y rapportant, y compris tous avis, soient rédigés en langue anglaise seulement.

These terms and conditions form a contract between you and us in respect of the Service. For your own benefit and protection, you should read the terms and conditions set out herein carefully before you register for or start to use the Service (including the Application).

® Registered trademark of The Bank of Nova Scotia, used under licence. Scotia Wealth Management® consists of a range of financial services provided by The Bank of Nova Scotia (Scotiabank®); The Bank of Nova Scotia Trust Company (Scotiatrust®); Private Investment Counsel, a service of 1832 Asset Management L.P.; 1832 Asset Management U.S. Inc.; Scotia Wealth Insurance Services Inc.; and ScotiaMcLeod®, a division of Scotia Capital Inc. Private banking services are provided by The Bank of Nova Scotia. Portfolio management is provided by 1832 Asset Management L.P. and 1832 Asset Management U.S. Inc. Financial planning and advisory services are provided by Scotia Capital Inc. Estate and trust services are provided by The Bank of Nova Scotia Trust Company. Insurance services are provided by Scotia Wealth Insurance Services Inc. Wealth advisory and brokerage services are provided by ScotiaMcLeod, a division of Scotia Capital Inc. Scotia Capital Inc. is a member of the Canadian Investor Protection Fund and is regulated by the Canadian Investment Regulatory Organization.

Scotia iTRADE (Order-Execution Only Accounts) is a division of Scotia Capital Inc. Scotia Capital Inc. is a member of the Canadian Investor Protection Fund and is regulated by the Canadian Investment Regulatory Organization. Scotia iTRADE does not provide investment advice or recommendations and investors are responsible for their own investment decisions. 
® Registered trademarks of The Bank of Nova Scotia. Used under license.