Digital Access Agreement

May 2019

Introduction and Scope

This Digital Access Agreement (this “Agreement”) sets out the terms that apply to your use of Cards and the Digital Services (described in Schedule ‘A’ attached hereto) and your consent to receipt of electronic documents, if applicable (described in Schedule ‘B’  attached hereto). This Agreement incorporates by reference those provisions of other agreements you have already agreed to between you and us regarding the Digital Services and your consent contained in those agreements to the receipt of electronic documents (the “Other Agreements”). Such Other Agreements may include, without limitation, the Scotiabank Privacy Agreement, ScotiaCard Cardholder Agreement, credit card cardholder agreements, Online Security Guarantee, Mobile Security Guarantee, the Apple Pay Terms of Use, and the Android Pay Terms of Service. If there is a conflict between a term in an Other Agreement and this Agreement, the Other Agreement will prevail to the extent necessary to resolve the conflict. 

Schedules

The following are the schedules attached to and deemed to be a part of this Agreement:

Schedule “A” - Digital Access Terms and Conditions

Schedule “B” - Consent to Receipt of Electronic Documents

Changing the Terms of this Agreement

You acknowledge that we can add to, change or replace the terms and conditions of this Agreement and any other terms and policies incorporated by reference herein from time to time. Notice of additional, amended or replaced terms and conditions may be given 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 (as defined in Schedule ‘A’);

·         a notice on the Scotiabank website (scotiabank.com);

·         a notice in a readily accessible place in our branches;

·         a notice in your monthly statement;

·         an electronic notice or message sent to the Communications Centre of Online Banking or Mobile Banking (as defined in Schedule ‘A’);

·         posting an updated version of the Agreement 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 Account or Digital Services (each as defined in Schedule ‘A’), the selected account(s) (as defined in Schedule ‘B’) or any other service with us, acknowledges that you agree to and accept the new terms and conditions of the Agreement and all agreements related to the Account or service as amended, modified or replaced.

We may terminate this Agreement at any time upon ten (10) days prior notice to you, or immediately and without notice in the case of your breach of this Agreement. We may immediately suspend your use of any Digital Service and terminate this Agreement if we have reason to suspect that you have used the Digital Service for fraudulent, illegal, or money laundering purposes, or if you have, in our sole discretion, misused the Digital Service.

In Quebec

The party(ies) to this Agreement has/have requested that this document be drawn up in English. Les parties ont demandé que ce contrat soit rédigé uniquement en anglais.

Governing Law

This Agreement will be governed by and interpreted in accordance with the laws of the Province or Territory in which you live and the laws of Canada, as applicable. 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.

Customer Service

For any question or concern (including regarding a lost, stolen or compromised Card or compromised Card Number, Username or Authorization Credentials; inquiring about fees, rates or Digital Services) please visit the Scotiabank branch nearest to you or call the numbers below:

Service in English 1-800-4SCOTIA (1-800-472-6842)

Toronto 416-701-7200

Service en français 1-800-575-2424

Région de Toronto 416-701-7222

TTY/TDD Service Only 1-800-645-0288

For Mobile Banking (including to notify us of a lost or stolen Mobile Device) please call 1-877-908-8866.

With respect to a lost or stolen Mobile Device, please also contact your wireless carrier to notify them of the loss.

For more information about Digital Services, fees or rates you can also visit us online at www.scotiabank.com.


SCHEDULE ‘A’

 

DIGITAL ACCESS TERMS AND CONDITIONS

General

By registering for the Digital Services you confirm that you have received and read this Agreement and that you agree with, and are bound by, its terms.

Definitions You Need to Know

In this Schedule ‘A’,

ABM (s) means designated automated banking machine(s).

Account means a personal deposit account, business deposit account, credit card account, investment account, brokerage account, loan account, line of credit account, mortgage account or other account you have with us that can be accessed through the Digital Services.

Authorization Credential 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, in conjunction with your Card, Card Number or Username. Your Authorization Credentials include, but is not limited to, your PIN, biometric information such as fingerprints or facial features registered with Biometric ID, and/or any other information, such as access codes, passwords, passcodes, and anything else we permit in the future which allow you to use the Digital Services. Reference to “Authorization Credentials” throughout this Agreement refers to all Authorization Credentials that you have.

Bill Payment Company refers to a business, company, merchant, or other party that has an arrangement with Scotiabank to be a payee of bill payments through the Digital Services for which you have registered in order to make bill payments.

Biometric ID means a feature, including “Touch ID” and “Face ID” that uses biometric information such as fingerprints or facial features, that is available (i) on some Mobile Devices, allowing you to unlock your Mobile Device, and (ii) on some Digital Services, allowing you to access such Digital Services. 

Business Day refers to regular weekdays only and excludes Saturdays, Sundays or federal holidays.

Card means a Card Number that we have issued to you and that:

·         is associated with an Account(s);

·         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 Digital Services.

Examples of Cards include Scotiabank credit cards and the ScotiaCard debit card. Card also means the version of the Card stored in your Mobile Wallet.

Card Number means the unique number assigned to a Card.

Card Payment refers to payments (or other funds transfers, such as refunds) made with your Card including, Visa payWave*, Interac Flash or any other system we may designate from time to time to pay for goods or services by using the Card(s) in physical form, or from your Mobile Wallet, at a Card Payment Terminal.

Card Payment Terminal means a point of sale terminal at which Card Payments can be completed.

Digital Access Device means a Mobile Device, personal computer or any other electronic device that we allow you to use to access the Digital Services.

Digital Service means any service provided by us, now or in the future, that we allow you to access through a Digital Access Device including, without limitation, Interac Flash, Visa payWave*, American Express ContactlessΣ, Mobile Cheque Deposit and Scotia InfoAlerts, as further described in Attachment 1 to thisSchedule ‘A’.

Mobile Banking means the Scotiabank services that can be accessed by the Mobile Banking Application or at www.mobilebanking.scotiabank.com through the Internet browser on your Mobile Device.

Mobile Banking Application means the Scotiabank mobile banking application Software downloaded to your Mobile Device from the applicable app store.

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

Mobile Wallet means the My Mobile Wallet feature of Mobile Banking that enables you to add and store Cards on your Mobile Device.

Online Banking means the Scotiabank services that can be accessed by your personal computer through the Internet at Scotia OnLine® Financial Services (www.scotiabank.com).

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

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

Software means any application we make available for download including, without limitation, the Mobile Banking Application (either directly through us or through a third party authorized by us to make such application available) to use Digital Services.

Telephone Banking means TeleScotia® automated telephone banking, the automated brokerage telephone service or any other telephone banking services that may be offered by Scotiabank from time to time.

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

we, our, us, Scotiabank and the Bank means The Bank of Nova Scotia and, as applicable, any of our Canadian subsidiaries, including but not limited to Scotia Securities Inc. and Scotia Capital Inc.

you and your means the person who has registered for a Digital Service.

Security of your Card, Card Number, Username, and Authorization Credentials

You are responsible for maintaining the confidentiality and safekeeping of your Card, Card Number, Username, and Authorization Credentials. With respect to any Card in your Mobile Wallet, 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 Digital Access Device in your possession, in a safe place and not letting anyone else use it;

·         for Card Payments at Card Payment Terminals, taking the Card and transaction record (when applicable) immediately after the transaction is complete;

·         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 information, on your Digital Access 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 Scotiabank);

·         enabling the locking feature on your Digital Access Device ;

·         using your own private wireless data connection, and avoiding use of public Wi-Fi services, when you are using the Digital Services;

·         always signing out or logging out of a Digital Services session using the applicable sign out or log out function;

·         complying with the terms of our Safe Computing Practices policy, Online Security Guarantee, our Mobile Security Guarantee located at scotiabank.com and any technical and security requirements we establish from time to time; and

·         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, Username, or Authorization Credentials

You will notify us immediately if:

(i) Your Card (and/or any Mobile Device containing a Card in the Mobile Wallet) is, or you suspect that it is, lost or stolen;

(ii) Someone else has, or you suspect that someone else has, used your Card, Card Number, Username, or Authorization Credentials;

(iii) Your Card Number, Username, or Authorization Credentials has, or you suspect that it has, become known to someone else or has otherwise been compromised.

You may notify us by visiting the nearest Scotiabank branch or by calling us at the telephone numbers shown in Section 25 (Customer Service).

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

(i) 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). Mobile Banking or Online Banking passwords or passcodes can be changed by using the applicable ‘reset password’ or ‘reset passcode’ function.

(ii) For a lost or stolen Mobile Device containing the Mobile Wallet, you must contact your wireless carrier and have the carrier delete your Card credentials from your Mobile Device.

Security of Biometric ID

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 as described in Section 4 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

Scotiabank reserves the right to change, suspend or discontinue the use of Biometric ID on its Mobile Banking Application, or any other Software or any Digital Service that it provides, at any time without notice.

Terms & Conditions applicable to Digital Services

The terms of this Agreement apply to all Digital Services. A description of certain Digital Services and additional terms and conditions that apply to them are set out in Attachment 1 to this Schedule ‘A’.

Investment Accounts

With respect to your GICs and investment Accounts, including your Accounts with Scotia Securities Inc. and brokerage Accounts with ScotiaMcLeod® and Scotia iTRADE®◆ accessed through Digital Services, there are some restrictions. For example Mobile Banking will have certain display and functionality limitations. For certain purposes, when dealing with your investment Accounts, we may restrict access to some of your other Account options.

Inactive Deposit Accounts and Expired Cards

Inactive Accounts. If you have any deposit Accounts that have had no customer initiated transactions for 24 consecutive months or more, you will not be able to perform transactions on those Accounts through the Digital Services and you will need to visit a branch to reactivate access to them. You will, however, continue to be able to view electronic statements for these Accounts in the Communications Centre of Online Banking or Mobile Banking if you have signed up for that service.

Expired Cards. Your Card has an expiry date. A new Card will be issued to you before the expiry date on the Card. You agree not to use your Card or Card Number after the Card’s expiry date. 

Product and Transaction Charges & Fees

You agree to pay and we may deduct, without notice, from any of your Accounts (even if this creates or increases an overdraft) the following:

Transaction charges at the prevailing rate (as determined by us from time to time) for each transaction for which your Card, Card Number or Username has been used to access Digital Services. Information about charges and fees, including monthly and annual account fees, is provided in the Day to Day Banking Companion Booklet (for deposit Accounts); in the document called “Your Guide to Fees and Interest Schedules” provided with the Business Banking Services Agreement (for business Accounts); in the Personal Credit Agreement Companion Booklet (for credit, loan and mortgage Accounts); and in the Investment Companion Booklet (for investment Accounts). 

Transaction charges or service fees imposed by other financial institutions (inside or outside Canada) for each transaction conducted through their Card Payment Terminals in which your Card has been used. You should contact your other financial institutions for information on these transaction charges and service fees.

A fee, whether charged on an annual basis or otherwise, for your use of the Card.

Transaction Limits

We may establish and change limits, dollar or otherwise, from time to time, that apply to your use of, and your transactions using, the Digital Services, without prior notice to you. You may obtain information about the limits that apply to the Digital Services and your accounts by calling us at the telephone numbers shown in Section 25 (Customer Service), or by consulting the Manage My Accounts menu in Online Banking.

Transaction Records/Confirmation Numbers

At the completion of each Digital Services transaction, you will be given the option of receiving a transaction record, or you will be provided with a reference number. If your Card is used for a Card Payment we may arrange for a third party, such as a merchant, to give you the transaction record.

Your Liability

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

You are liable for all debts, withdrawals, deposits, transactions, advances, other Account activity and losses resulting from:

(i) All authorized transactions, which means transactions in which the Card, Card Number, Username or Authorization Credentials was used by you or by persons (i) to whom you have made your Card, Card Number, Username or Authorization Credentials available; or (ii) whom you have allowed to access your Mobile Device through Biometric ID; or (iii) who have registered their biometric information in your Mobile Device with your consent; or (iv) who received possession of your Mobile Device containing a Card in the Mobile Wallet with your consent;

(ii) Any error or fraudulent use of the Card, Card Number, Username or Authorization Credentials by you, or authorized by you, including any errors or fraudulent or worthless deposit or other transaction using the Digital Services;

(iii) Failing to comply with your obligations to protect your Card, Card Number, Username or Authorization Credentials as described in Section 3 or if you did not otherwise take reasonable steps that could have prevented the loss;

(iv) Failing to notify us immediately if you become aware of the occurrence of any event set out in Section 4 or Section 5.;

(v) Any other use of the Card, Card Number, Username or Authorization Credentials to which you have contributed and which is not otherwise exempted under a provision of this Agreement; and

(vi) Any other failure by you to comply with the terms of this Agreement.

 Provided you have met your responsibilities under this Agreement, and subject to Section 13, you are not liable for losses resulting from:

(i) technical problems and other system malfunctions that are beyond your control;

(ii) errors, fraud or negligence caused by us;

(iii) unauthorized transactions after the Card has been reported to us as lost, stolen or compromised or the Card Number, Username or Authorization Credentials has been reported as compromised;

(iv) unauthorized Card transactions after the Card is cancelled or expired;

(v) with respect to a debit card, unauthorized transactions where you have unintentionally contributed to such use, provided that you notify us immediately upon becoming aware of the transaction and fully co-operate in any subsequent investigation (for clarity, the word “unintentionally” in this clause excludes any non-compliance with your obligations under Section 3); and

(vi) transactions using your Card, Card Number, Username or Authorization Credentials where it can be shown that you have been the victim of fraud, theft, trickery, force, coercion or intimidation provided that you notify us promptly of the incident, fully cooperate in any subsequent investigation and provided that you have not contributed to the loss.

Your liability will not exceed the established transaction limits (including daily and weekly limits) for the applicable Digital Services, however your liability may exceed your credit balance or the actual or available funds in an Account. This may occur, for example, if an Account has a line of credit or overdraft protection or is linked with another Account or multiple other Accounts (for example, another banking Account or a credit Account).

 Where you are liable for the transactions on your Account(s) pursuant to this “Your Liability” Section, you understand that this liability is in addition to any liability for those transactions that you have under any credit agreements (including the Revolving Credit Agreement) and other agreements that apply to your Accounts or as are set out in any other section of this Agreement.

Our Liability

WE ARE NOT LIABLE TO YOU FOR ANY DELAY, LOSS, DAMAGE OR EXPENSE THAT YOU INCUR OR ANY INCONVENIENCE WHICH RESULTS FROM OUR PROVIDING OR FAILING TO PROVIDE ANY SERVICE, EXCEPT WHERE SUCH LOSSES RESULT FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY THE BANK.

 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 DIGITAL SERVICES OR OTHER SERVICES. TO THE EXTENT THAT WE MAY BE LIABLE TO YOU, WE WILL ONLY BE LIABLE FOR DIRECT DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT, EVEN IF WE ARE NEGLIGENT, WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST OR DAMAGED OR CORRUPTED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF ANY SERVICE, HOWEVER CAUSED AND REGARDLESS OF THE BASIS OF THE CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY IS SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION, ANY OTHER SECTION OF THIS AGREEMENT, AND ANY OTHER APPLICABLE AGREEMENTS.

We are not liable to you if a store, retailer or merchant does not accept your Card at any time or if you cannot use your Card or your Authorization Credentials at any time or for any reason, including if we cancel or temporarily de-activate your Card or decline to authorize a transaction because we have detected activity in your Account or the use of the Card that we consider to be unusual.

We are not liable to you for any damages arising from sensitive banking information appearing on your Digital Access Device, whether or not the screen is locked. For clarity, you are responsible for ensuring such information is not accessible by any other person even if, through a Digital Service for example, such access does not require unlocking the screen.

Accepting Our Records

You must ensure that you regularly check your Account statements and balances to verify that all transactions have been properly recorded and that you have not been the victim of fraud. Our records respecting a Digital Services transaction, and our determination of the details of that transaction, will be considered correct and binding on you, unless you provide us with evidence to the contrary within the applicable time period for your particular Account and recordkeeping option.

Posting of Transactions, Bill Payment Companies, Cancelling Transactions

Subject to any exceptions noted in this Agreement, any other agreement applicable to your Accounts, or as we may otherwise determine from time to time, Digital Services transactions on your deposit Accounts will normally be posted to your applicable Account by the next Business Day and transactions on your credit Accounts will normally be posted to your applicable Account within three Business Days. Transactions conducted outside Canada may be posted to your designated Account at a later date. Any automated bill payment request will be deemed to have been received by us on the date the transaction is posted to the designated Account.

We are not responsible for the processing or posting procedures or practices of your designated Bill Payment Companies and we are not responsible if they charge you late fees or interest penalties. When you make a bill payment through the Digital Services, you are responsible for ensuring that the Bill Payment Company information (including account numbers and payee names) required by us to complete your payment instructions to that Bill Payment Company is accurate at all times. We may, without notice to you, update your bill payment profile information, such as payee name and address, if we are advised of a change by the Bill Payment Company.

The debit to your Account for post-dated bill payments and fund transfers are processed at 6 p.m. ET on the date to which your payment is post-dated.

Transactions involving Accounts with insufficient cleared funds at the time of processing may be rejected.

You acknowledge that once you have confirmed the details of a payment or transfer, you may not revoke or stop the payment of the transfer unless it is a post-dated payment or transfer you have set up in Online Banking, Mobile Banking or Telephone Banking. Such postdated payments and transfers can be cancelled through Online Banking until 6 p.m. ET on the day they are scheduled to take place or by speaking with one of our Customer Service representatives at least one (1) Business Day before the scheduled payment or transfer date.

We may at our discretion and without prior notice, refuse a request for authorization of any Digital Services transaction, and may notify third parties of such refusal as we think necessary. In exercising such discretion, we may take into account in calculating the funds available, any funds which we determine have been credited or debited to an Account.

Resolving Disputes

We are not responsible for any failure to supply, or lack of suitability or quality of, any goods or services purchased from Bill Payment Companies, merchants or others (each, a “Vendor”) through the Digital Services. All disputes between you and a Bill Payment Company, merchant or other party, including your rights to compensation or any rights of set-off, shall be settled directly by you with the applicable Vendor. We do not verify, nor are we required to verify, that any purpose for which the payment is made has been fulfilled by the Vendor as a condition of honouring your payment request on your Account.

For all unauthorized claims, we will investigate the transaction and a determination regarding whether any reimbursement will be provided will be made based upon the investigation.

No funds, or only partial funds will be reimbursed if our investigation determines that on the balance of probabilities, you contributed to the unauthorized use of the Card, Card Number, Username, Authorization Credentials, and/or Digital Services. If we cannot settle the complaint in your favour, you will be informed of the reasons for Scotiabank’s position in the matter.

If a problem with any of the foregoing is not resolved to your satisfaction, please refer, as applicable, to the “Resolving Your Complaint” section of the Day to Day Banking Companion Booklet, the “Complaint Resolution” section of the Personal Credit Agreement Companion Booklet, or the “Complaint Resolution” section of the Investment Companion Booklet.

Refunds from Merchants

Where a store, retailer or merchant becomes liable to make any refund to you, we will credit the designated Account with the refunded amount only upon our receipt of a properly issued credit voucher or other appropriate verification or authorization of the refund from the store, retailer or merchant.

Processing Foreign Currency Credit Card Payments

You can use the credit Card(s) in your Mobile Wallet to access your credit Card Account(s) for Card Payments at designated Card Payment Terminals that are outside of Canada. Such foreign currency transactions will be subject to the foreign currency transaction provisions of the Revolving Credit Agreement that apply to your credit Card(s).

Changing or Cancelling Services

We may at any time, without notice, cancel or vary the whole or any part of the Digital Services (including technical and security requirements as well as functionality and features) and withdraw any Card Payment Terminals from use.

No Digital Services transactions will be processed after cancellation of the applicable Digital Service.

Other Agreements, Fees and Charges

You acknowledge that, in addition to all fees, charges, terms and conditions set forth in this Agreement, your Accounts are also subject to all fees, charges, terms and conditions set forth in any other agreements and documentation applicable to your Accounts and/or your use of the Digital Services.

Such agreements include, without limitation, the Revolving Credit Agreement (for credit Accounts), the Day-to-Day Banking Companion Booklet (for personal banking Accounts), the Investment Companion Booklet (for investment Accounts) and the Scotiabank Privacy Agreement.

Further Provisions Regarding the Digital Services

Cookies and Tracking Technologies. When you use a Digital Service on your Digital Access Device, including when you log-in to Online Banking, we may collect information about your Digital Access 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 Digital Services. Some of this information is collected via a “cookie”, which is a piece of data that a web server creates when you visit a website. This data is typically encoded information about how and when you use a website. It may be placed on your Digital Access 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 at www.scotiabank.com/ca/en/0,,351,00.html, including to:

(i) determine which settings are appropriate for your computer system,

(ii) provide or enhance digital functionality and banking options,

(iii) identify connectivity (such as whether or not you are connected to a mobile or wireless network) and location of your Digital Access Device,

(iv) assist in solving technical problems resulting from specific hardware or software configurations,

(v) security and fraud detection and prevention purposes,

(vi) assess the effectiveness of our advertisements (which may be hosted on third party web sites), and

(vii) customize the Digital Services, 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, some Digital Services. For more information about our use of cookies and how to disable them on your Digital Access Device, view our Privacy and Cookies Policy at www.scotiabank.com/ca/en/0,,2951,00.html. 

Carrier Plan(s). You acknowledge that your ability to use Mobile Banking and/or Mobile Wallet 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 Mobile Banking and Mobile Wallet. 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. You are also responsible for any fees imposed by your wireless carrier and/or Internet service provider, including charges applicable when accessing Digital Services abroad.

 Operating Systems, Browsers, Mobile Devices and Computer Hardware. While we aim to support the use of Mobile Banking, Mobile Wallet, and other Software and/or Digital Services that we provide, on most popular operating systems, Browsers, Mobile Devices, and computer hardware available in Canada (collectively, “platforms”), we have no obligation to support, or continue to support, the use of these Digital Services on all platforms.

Investment Accounts. With respect to your designated investment Accounts (including your GICs and your Accounts with Scotia Securities Inc.) and brokerage Accounts with ScotiaMcLeod® and Scotia iTRADE®◆ accessed through Digital Services, there are some restrictions. For example Mobile Banking will have certain display and functionality limitations. For certain purposes, when dealing with your investment Accounts, we may restrict access to some of your other Account options.

We will not support the use of any Digital Service that we provide, including Mobile Banking and Mobile Wallet 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.

Software Updates, Support and Deletion. When you use Software, including the Mobile Banking Application that you downloaded to your Mobile Device, you agree you will maintain the Software up to date as we release new versions. Scotiabank only supports the current version and immediately previous version of any Software. You can uninstall the Software at any time in accordance with instructions provided by the operating systems provider for your Mobile Device.

In the event that you download any Software to your Digital Access Device, we grant you a non-exclusive, non-transferable, revocable license to use the Software to receive the applicable services. This license will terminate on the earlier of when you terminate your use of the Software or when we terminate the license to you (whether by ceasing to provide the applicable services to you or otherwise) and you must delete the Software at that time.

No Warranty. The digital services and Software are provided “as is” and “as available” with all faults and without any warranty of any kind and we hereby disclaim all warranties and conditions with respect to the digital services and Software including, but not limited to, any express or implied warranty and/or conditions of merchantability or fitness for a particular purpose or non-infringement. We provide no warranty that the digital services or Software will meet your requirements or that the operation of the digital services or Software will be uninterrupted or error free or that any defects in the Software will be corrected by us, or that your transmissions will not be misdirected or intercepted.

 We or our licensors are the owner or licensed provider of all intellectual property and other proprietary rights in the services and the Software.

Restrictions regarding your use of the Digital Services and Software. 

You will not:

(i) alter, modify, adapt or translate the whole or any part of the Digital Services or the Software, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, merge with other software, tamper with proprietary labels, or otherwise derive the source code for the Software or component thereof, in whole or in part;

(ii) use any component of the Software in an attempt to gain access to interconnecting software applications to perform any of the activities described above; or

(iii) cause damage to any of the websites, servers, systems or equipment used in the provision of the Digital Services including those of any 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 Digital Services.

Should you fail to comply with any of the above requirements you will be responsible for any and all related losses and you will indemnify and hold us, our affiliates and licensors harmless from any and all alleged, threatened or actual claims in respect thereof.

You agree that no Scotiabank partner, licensor or service provider (which includes, with respect to app store providers Apple Inc., Research in Motion E-Commerce Inc. (Blackberry), 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 Digital Services with respect to any Software nor will they have any liability whatsoever (to you or any third party) in relation to the Software or Digital Services , including without limitation, in relation to any sale, distribution, use, performance or non-performance of the Software or Digital Services . You also acknowledge that each of them will be third party beneficiaries solely with respect to the terms in this “Software” Section and therefore will be entitled to enforce the terms of this “Software” Section against you.


 

Attachment 1 to SCHEDULE ‘A’

Additional Terms and Conditions applicable to Digital Services

Contactless Transactions

You may use your Card without Authorization Credentials with the features listed below. You will have the same rights and responsibilities for these transactions as you would if you had used your Card and Authorization Credentials.

 Should you exceed the contactless feature’s maximum transaction limit at any merchant, the transaction will be declined. If you still want to make the purchase with the same Card, you will need to do a new transaction, completing it by inserting your Card and entering your Authorization Credentials or providing your authorization by such other means as we permit, such as your written signature on the printed receipt in the case of a credit Card. You may be asked to enter your Authorization Credentials periodically for security purposes.

Interac Flash

Interac Flash is a feature enabling small purchases of up to a certain limit by holding your debit Card over a Card Payment Terminal that supports Interac Flash or using a Card in your Mobile Wallet. The per-transaction limit is set by each applicable merchant.

 If your debit Card was issued before March 2013, your maximum purchase limit is $50 at most merchants and $100 at gas stations. Interac Flash Transactions are only for the payment of goods and services – “cashback” transactions are not permitted.

If you are issued a debit Card with Interac Flash enabled, this feature will be activated the first time you conduct a successful PIN transaction at a Card Payment Terminal, ABM or branch.

You must have a chequing Account linked to your debit Card for Interac Flash to be enabled. If you requested to have the Interac Flash enabled on your current debit Card, any replacement debit Card will also have the Interac Flash feature enabled.

You can have Interac Flash enabled or disabled on your debit card by contacting us at the telephone numbers shown in Section 25 (Customer Service) or by visiting your nearest branch.

Visa payWave*

 Visa payWave is a feature available on select Scotiabank Visa* credit Cards that enables you to use the credit Card on its own or from your Mobile Wallet to pay for small purchases at select merchants by holding your credit Card or Mobile Device, as applicable, over a Card Payment Terminal that supports Visa payWave. The per-transaction limit is set by each applicable merchant.

American ExpressΣ Contactless

American Express Contactless is a feature available on select Scotiabank AMEX Cards that enables you to use the Card on its own or from your Mobile Wallet to pay for small purchases at select merchants by holding your Card or your Mobile Device, as applicable, over a Card Payment Terminal that supports American Express Contactless. The per-transaction limit is set by each applicable merchant.

Mobile Cheque Deposit

Through the “Deposit” feature in the Mobile Banking Application, you can deposit Items (defined in Section 2(d)below) to an eligible deposit Account without physically sending us the Item itself but rather by taking a picture of the front and back of the Item with your supported Mobile Device and sending the image (“Image”) to Scotiabank.

Availability. To use Mobile Cheque Deposit you will need to meet certain eligibility requirements set by Scotiabank from time to time. For example, only certain customers, instruments, Accounts and Mobile Devices qualify for the service. For more information on eligibility requirements, please visit scotiabank.com/mobilebanking.

 You acknowledge and agree that when you create an Image using Mobile Cheque Deposit, you are acting as Scotiabank’s agent for the limited purpose of creating the Image, and that any Image that you create in this way will be treated for legal purposes just as if Scotiabank had created the Image itself. You may not delegate your agency duties to anyone else.

Items. You may deposit, through Mobile Cheque Deposit, any of the following original paper items issued by a Canadian or U.S. financial institution and payable in Canadian or U.S. currency: (i) cheques; (ii) money orders; (iii) bank drafts; or (iv) any other item that Scotiabank chooses to make eligible for this service from time to time (each an "Item"). Items payable in Canadian currency must be deposited to an eligible Canadian dollar Account and Items payable in U.S. currency must be deposited to an eligible U.S. dollar Account.

In addition,

(i) Only Items that are made payable to you directly can be deposited using Mobile Cheque Deposit. We will not accept an Item that was payable to someone else and endorsed over to you.

(ii) Each Item must be in the standard format approved by Payments Canada. All relevant information must be present and legible including the date, drawee institution, payee, amount in words and figures, signature of the payor, cheque number and magnetic ink character recognition (MICR) information and any other information as may be required by us from time to time.

(iii) Each Image captured through Mobile Cheque Deposit must be a picture of the original Item, not of a photocopy or printout of an electronic copy.

(iv) Only send one accurate and clear Image of the front and back of each Item you want to deposit.

(v) Your mobile deposited Item is considered received by us when you receive a successful ‘deposit complete’ message containing a confirmation number at the end of your deposit transaction. However, this does not necessarily mean that Scotiabank has accepted the Item for deposit. We reserve the right to reject an Item for deposit if the Image does not meet the requirements set out in this Section 2.

Destruction of Item. After you have deposited an Item remotely using Mobile Cheque Deposit you will write “Deposited” on the front of the Item and will keep the Item in a safe and secure place for five (5) days following the date of deposit. As soon as possible following the expiry of this five (5) day period, but in any event no later than 120 days following creation of the Image of the paper Item, you agree that you will promptly destroy the Item by secure methods which may include shredding, pulping, crushing, erasing or any other means that ensures that the Item cannot be reused.

Duplicate deposits. If you have deposited an Item through Mobile Cheque Deposit the same Item may not be cashed or deposited through any other deposit service or transferred to any other person or company. You must also not use Mobile Cheque Deposit to deposit or attempt to deposit any item that you have already deposited remotely using any other deposit service. You will be liable for any returned Item charges if you breach any of these provisions (whether intentionally or inadvertently) and as a result an Item is returned to Scotiabank. These charges may be debited from any of your Accounts with us. Depending on the facts, you may also be liable for fraud.

Representation and Warranty. Every time you submit an Item to us using Mobile Cheque Deposit, you are deemed to represent and warrant to us that you have complied with all of the requirements set out in this Section 2.

You agree to indemnify Scotiabank for any losses or liabilities it may suffer or incur as a result of your use of Mobile Cheque Deposit if you fail to comply with any requirement in this Section 2.

Further obligations. We may request your cooperation with investigation of certain deposits as needed. You agree to promptly provide the deposited Item to Scotiabank during the time you retain the Item if requested. You are responsible for any and all costs associated with obtaining a replacement Item in the event that it is requested in order to re-transmit an Image, if the original Item was destroyed or otherwise lost. If you are unable to comply with this request, we reserve the right to place a hold on or reverse any credit made to your Account in complaints and to comply with any further obligations that may be required, as advised by Scotiabank from time to time, in order to support the functioning of Mobile Cheque Deposit.

 Scotia InfoAlerts

 Description of Service. The Scotia InfoAlerts service allows you to subscribe to various alerts for your Accounts. Depending on the alert, you can choose to receive alerts via email, push notification to a Mobile Device, or any other method we offer from time to time. 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 Digital Access Device via email, push notification or any other method we offer from time to time. 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 Digital Access 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 Digital Access Device. 

 Scotiabank's 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 alerts. Information such as your bank account balance and due date for your credit account payment may be included in an alert. Anyone with access to your email or Digital Access 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 Scotia InfoAlerts is not reviewed or verified by us prior to or following activation of the Scotia InfoAlerts service. It is your responsibility to ensure that your InfoAlerts contact information is current and accurate. Contact us at the telephone numbers shown in Section 25 (Customer Service) at any time to update your Mobile Device or telephone number, Scotia InfoAlerts email address or any other contact information used to receive InfoAlerts. You can also change your Mobile Device or telephone number or email address on the Profile screen in the Scotia InfoAlerts function within Scotia OnLine or the Mobile Banking Application. Note that if you change your email address at the branch or in "Profile and Preferences" within Scotia OnLine, it will not update your Scotia InfoAlerts email address, and vice-versa.

Suspending or changing your Scotia InfoAlerts preferences. At any time, you may temporarily disable certain alerts or permanently unsubscribe from all alerts by editing your Scotia InfoAlerts profile in the InfoAlerts menu within ScotiaOnline or within the Mobile Banking Application. Alternatively, you may also call us at the telephone numbers shown in Section 25 (Customer Service). Please note, however, that certain alert bundles such as the ‘Safeguard Bundle’ may not be disabled unless you unsubscribe from the Scotia InfoAlerts service altogether.

Modifications to the Scotia InfoAlerts service. We reserve the right to suspend, modify or cancel the Scotia InfoAlerts 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’ve 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 permanently unsubscribe from the Scotia InfoAlerts service at any time as described in subsection (e).

Interac e-Transfer

Definitions

In this Section,

Acxsys” means Acxsys Corporation, the company that operates the Interac e-Transfer Service.

“Recipient” means the person to whom the Sender has or intends to send money through the Service or the Interac e-Transfer service of another financial institution.

 “Scotiabank Account” means the Scotiabank deposit account you have selected for sending or receiving a Transfer.

 “Sender” means the person who has sent, is in the process of sending, or will send money to the Recipient using the Service or the Interac e-Transfer service of another financial institution.

 “Service” means the Scotiabank Interac e-Transfer service, available to Scotiabank customers through Scotia Online Financial Services and Mobile Banking.

 “Transfer” means a transfer of funds sent or received using the Service.

 General Requirements

(i) To send money from, or deposit money to, your designated Scotiabank deposit account using the Service, you must be registered for Scotia OnLine Financial Services.

(ii) To send money from your Scotiabank Account using the Service, you must have sufficient funds in that account to cover the amount of funds being transferred plus any applicable fees.

(iii) You must comply at all times with the technical and security requirements which may be established with respect to the Service and which are provided to you. These technical and service requirements may be modified or replaced from time to time.

You understand that the Bank, other participating financial institutions and/or Acxsys may impose limits, dollar and otherwise, that apply to your use of the Service including, without limitation, on the amount of money that you are allowed to send and receive using the Interac e-Transfer Service. These limits are subject to change without prior notice to you and can be viewed on Scotia OnLine Financial Services or through the “Ask Scotia” functionality in www.scotiabank.com. Neither the Bank nor Acxsys is responsible for any delays in the Service or for any losses or damages you or any other person may suffer as a result of the application of these limits or changes to such limits.

Security Question and Answer. Each time you, the Sender, send funds to an intended Recipient who has not enabled Autodeposit, you will need to create a security question (the “Security Question”) and an answer to the Security Question that will be used to authenticate the Recipient’s identity as that of the intended Recipient. To prevent unauthorized access to the funds, the answer to the Security Question must be known only to you and the Recipient. Neither the Bank nor Acxsys are liable for any unauthorized deposit if you create a Security Question and Answer that someone other than the Recipient knows or is likely to know or can be easily guessed or obtained. The Bank will not be liable for losses incurred by Senders or Recipients as a result of the misuse, improper communication or improper disclosure of the answer to the Security Question.

Autodeposit Service. With the Autodeposit service, any Transfers sent to you will be automatically deposited to your Scotiabank Account and you will not have to answer a Security Question. To enable Autodeposit as a Recipient, you must register your email address.

Request Money Service. With the Request Money service you, as the Recipient, can send a request for a Transfer to a Sender through the Service. If the Sender does not respond to your request within thirty (30) days of your request, Acxsys will notify you by email that your request has expired.

Cancelling or Stopping the Transfer. You, the Sender, may request a “Stop Transfer” by selecting the “View, Stop Transfers or Pending” section of the Transfers function on Scotia OnLine Financial Services or the Interac e-Transfer section on Scotiabank Mobile Banking, provided that the Recipient has not already deposited the money into his/her deposit account, whether it is at Scotiabank or another participating financial institution. Once a Recipient has deposited the money, or provided directions for the deposit of the money, you, the Sender, cannot reclaim the money through the Service. If your Stop Transfer request is accepted, the amount of the Transfer will be deposited to your Scotiabank Account. 

Privacy Matters

To send money using the Service, you must provide your email address to us. We may disclose your e-mail address to Acxsys and their employees and agents for the purposes of processing your Transfers. If you change your e-mail address, you are responsible for updating our records for the Service on Scotia OnLine Financial Services.

The information you provide to us in connection with the Service will be treated in accordance with the terms of the Scotiabank Privacy Agreement. For example, we may share your information with other participating financial institutions, with Acxsys and with its suppliers and agents for the purposes of providing the Service.

You, as the Sender, agree not to initiate a Transfer to anyone who has not consented. Once you initiate a Transfer to a Recipient, we may share that Recipient’s email address or instant message contact information with other participating financial institutions, Acxsys, and their respective suppliers and agents for the purposes of providing the Service. When you send money to a Recipient, an email or instant message notification will be sent to the Recipient indicating that money is being transferred and that discloses (A) your (the Sender’s) name, (B) the name of the Recipient, and (C) the amount of the Transfer. The notification will also instruct the Recipient on how to deposit the money to his/her Scotiabank deposit account or that of another participating financial institution. Email messages to the Recipient will appear to have been sent from your email address. Instant messages to the Recipient will be sent via SMS and will appear to have been sent from Interac.

When you send a Money Request to a Sender, you acknowledge that you have an existing relationship with that person and that such person will know that the Money Request came from you. The email or instant message notification that is sent to a Sender under a Money Request indicates that you, as the Recipient, are requesting money and that discloses (A) your name or your company’s name as applicable, (B) the name of the Sender, and (C) the amount of the requested Transfer. The notification will also instruct the Sender on how to send the money from his/her Scotiabank Account or account at another participating financial institution. Email messages to the Sender will appear to have been sent from your email address. Instant messages to the Sender will be sent via SMS and will appear to have been sent via Interac.

Liability for Notifications. It is your responsibility to monitor your email account for email notifications or your mobile device for instant messages regarding Transfers that you are either sending or receiving. For each Transfer, both the Sender and the Recipient may receive one or more email or instant message notifications concerning the same Transfer. Neither the Bank nor Acxsys will be responsible if an email or instant message is intentionally or unintentionally forwarded to anyone else by the Sender or the Recipient.

Invalid Email Addresses. If you, the Sender, provide an invalid email address for a Recipient and if, for that or for any other reason, your email is not received at the intended email address, an email notification will be sent to you (provided that Acxsys is notified that the email was not received) advising you that the email address is invalid. When you receive the notification, you may either enter a different email address (provided the Transfer has not expired), or you may deposit the funds back into your Scotiabank Account by clicking on the link contained in the notification and following the instructions. Neither the Bank nor Acxsys will be liable for any losses due to any delays in the notification email reaching you.

Your obligations regarding the Recipient. You acknowledge that you have advised the Recipient that, in order to deposit the funds from a Transfer that you have sent, the Recipient may be required to sign up for the online banking service provided by his/her participating financial institution. If the Recipient chooses not to sign up for online banking or his/her financial institution does not offer the Interac e-Transfer service, in order for the money to be deposited into Recipient’s bank account, Recipient may register with Acxsys by providing the Recipient’s bank account and such other information as Acxsys may require. Funds received by a Recipient in this way will usually be deposited three (3) to six (6) business days after the Recipient accepts the Transfer.

Record of Transactions. You agree that the Sender’s financial institution, the Recipient’s financial institution and Acxsys may retain a record of the following information relevant to each Transfer: the names of the Sender or Recipient; the transit number, account number, and the names of the financial institutions of both the Sender and Recipient.

Service Limited to Canadian Funds within Canada. You acknowledge that the Service is offered for Transfers in Canadian funds only and may be used to transfer funds to and from Canadian dollar accounts held at participating Canadian financial institutions. A list of participating financial institutions may be obtained at http://Interac.ca/en/Interac-e-transfer-consumer#sp-expandable-content-wrapper.

Timeframes for Availability of Funds. Funds will generally be available to the Recipient immediately upon receiving an email or instant message notification that funds have been transferred to him or her through the Service, unless the Recipient does not bank online with a participating financial institution as described in paragraph (k) above. However, the actual time to receive funds may vary depending upon the circumstances and accordingly, the Bank makes no representations regarding the maximum time to complete a Transfer.

Claiming a Transfer. As a Recipient, you have thirty (30) days from the date a Transfer is initiated by a Sender (the “Transfer Date”) to claim the funds transferred. If you send funds and the Recipient does not claim the funds within thirty (30) days after the Transfer Date, Acxsys will notify you by email and you may reclaim the funds by clicking on the link contained in the notification and providing your instructions as to the Scotiabank Account to which the reclaimed funds should be deposited.

You agree to pay and we may deduct from any of your accounts with us (even if this creates or increases an overdraft), the fees at the prevailing rates which apply to the Service. Current fees are set out in the Day to Day Banking Booklet and at www.scotiabank.com/emt and are subject to change at any time without notice. You also acknowledge that these fees are in addition to any other fees that apply to your accounts. In addition, your wireless carrier’s standard instant messaging and data charges apply. If you send money to a Recipient, the Recipient may be charged a fee to receive the funds by their financial institution or by Acxsys. The fees may be deducted from the funds you have sent or may be applied as a surcharge or part of a service fee. If you send a Request Money request to a Sender, the Sender will not be charged a fee to fulfil this request.

No Third Party Use. You will not allow the Service to be used by any third party to perform transactions on your Scotiabank Accounts for sending, receiving or requesting funds or for any fraudulent or illegal purpose or to perform money-laundering transactions.

Limitation of Liability. In addition to any other limitations of liability set out in this Agreement, we are not liable to you for any delay, loss, damage or expense arising from:

Acts or omissions of a Sender or Recipient;

Acts or omissions of any third party including, without limitation, a participating financial institution or Acxsys;

Disclosure by Sender or Recipient of the Security Question and Answer;

Payment of the funds being transferred to a third party who correctly answers the Security Question;

whether or not the acts or omissions above would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law, and even if the Bank was advised of the possibility of damages or was negligent.

If you use the Service to make, receive or request a payment for goods or services, to satisfy a debt or other obligation or to make a gift, you must settle any disputes or claims arising from such transactions directly with the Sender or Recipient, as the case may be.

® Registered trademarks of The Bank of Nova Scotia.

Interac, the Interac logo and Interac Flash are all trademarks of Interac Inc. Used under license.

* VISA Int./Licensed User.

® Scotia iTRADE® (Order-Execution Only Accounts) is a division of Scotia Capital Inc. ("SCI"). SCI is a member of the Investment Industry Regulatory Organization of Canada and the Canadian Investor Protection Fund.

Σ Registered trademark of American Express Company and its affiliates.


 

SCHEDULE ‘B’

CONSENT TO RECEIPT OF ELECTRONIC DOCUMENTS

These terms and conditions (“Terms”) apply to the electronic delivery of documents to you relating to your selected account(s) (defined below).

1. Definitions, Selected Account(s) and Designated Information System

In these Terms,

Scotiabank, we, us and our  mean The Bank of Nova Scotia and, as applicable, any of our Canadian subsidiaries, including but not limited to Scotia Securities Inc., but excluding The Bank of Nova Scotia Trust Company, 1832 Asset Management L.P., and the ScotiaMcLeod and Scotia iTRADE divisions of Scotia Capital Inc.

you and your mean the primary and/or the co-borrower and/or co-signor and/or business customer(s) and/or secondary accountholder, as the case may be, who consent to the electronic delivery of documents for the selected account(s).

The selected account(s) are the accounts you selected, or will select in the future, for the paperless Recordkeeping Option.

The Designated Information System is the electronic system selected by you to receive the electronic delivery of documents related to your selected account(s). When you choose the paperless Recordkeeping Option for the selected account(s), you are selecting Scotiabank’s Digital Banking Service as the Designated Information System.

Scotiabank’s Digital Banking Service means our online banking service that you access through scotiabank.com and mobile banking.

2. Consent and When It Takes Effect:

(a)  If you have provided the applicable consent, you will receive the following documents and other information related to the selected account(s), as applicable, through the Designated Information System:

         i.            account opening applications and forms, including insurance documents, if applicable;

       ii.            customer agreements;

      iii.            periodic or monthly account statements;

     iv.            annual disclosure statements, including personal portfolio statements (“PPS”), and annual mortgage information disclosure;

       v.            notices of changes to the agreements governing the selected account(s);

     vi.            notices of changes to any interest rates, fees (including new fees), and any other items mentioned in the disclosure statements;

    vii.            communications about the selected account(s) and these Terms, including confirmation of your consent and notice of any changes to these Terms; and

  viii.            any other confirmation, notice or information that we are required by law to provide you in writing relating to your selected account(s).

 

If any of the documents described above are not currently available for electronic delivery, they will continue to be sent by paper until they become available in digital form for electronic delivery.

This consent applies to the selected account(s) and all subsequent extensions, renewals and amendments related to the selected account(s).

Joint accounts: If the primary borrower of a mortgage or the primary accountholder of a loan, line of credit or credit card has consented to electronic delivery of documents applicable to the selected account, each co-borrower (or joint accountholder) will continue to receive these documents in paper form until he/she has consented to electronic delivery. The PPS in paper form will continue to be delivered to the designated address on selected account(s) which have more than one owner/subscriber until such time as all such owners/subscribers agree to these Terms, in which case all owners/subscribers will begin to receive electronic documents. For joint deposit accounts that are ‘any to sign’, all joint accountholders will receive documents in electronic form following consent from any one joint accountholder.

A notice of the electronic delivery will be delivered in Scotiabank’s Digital Banking Service.

It may take up to 10 business days for your consent to receive documents electronically to take effect. If a document is issued by us before your consent takes effect, you may still receive paper delivery.

(b)  Tax Documents.  If you have provided the applicable consent, you will receive the relevant tax documents, including the T5, T4RSP, T4 RIF, NR4, Relevé 2 and RRSP contribution receipt, through the Designated Information System excluding mobile banking for all of your savings and investment accounts.  For joint savings and investment accounts, both all-to-sign and any-to-sign, the tax documents will continue to be sent in paper form to the primary account holder only until that individual has provided the applicable consent to receive them through the Designated Information System excluding mobile banking.

3. Verbal Consent: If you verbally consent to the electronic delivery of documents, we will confirm your consent by sending you these Terms through electronic delivery to the Designated Information System or through paper delivery. If you do not agree to these Terms, you must immediately revoke your consent as provided under “Revoking Consent” (see section 7 below).

4. Length of Time Electronic Documents are Available: Each document described in clauses (i) to (iv) of Section 2(a) and in section 2(b) above will be available for 7 years after it is delivered to the Designated Information System. Other documents or information delivered to you electronically will be available for 90 days. You are responsible for printing or downloading a copy of any documents delivered to you electronically for your records

5. Your Obligations to Access the Designated Information System: You agree to access the Designated Information System at least monthly to review any electronic documents. All entries will be considered correct and binding on you, unless you provide Scotiabank with evidence to the contrary within the applicable time period as set out in your account agreement. If no such time period is identified, you must notify us of any error within 60 days of the date of the disputed entry. You confirm that you have the necessary technical ability and electronic resources to do this. You acknowledge that technical and security requirements for access to the Designated Information System may change from time to time. If you are unable to access the Designated Information System to meet your obligations under this section for any reason, you should revoke your consent as provided under “Revoking Consent” (see section 7 below).

Any document delivered electronically to you under this consent will be deemed to be received by you when it is posted on the Designated Information System or made available to you through the Designated Information System, even if you do not access the Designated Information System for any reason.

6. Providing Documents by Paper: We reserve the right to provide you with documents by paper delivery if we are unable to provide electronic delivery (including cases where such documents are not currently in digital form), have reason to believe you may not have received the electronic document, or otherwise consider it appropriate. Any paper delivery will be provided to you at the most current mailing address that we have on file for your selected account(s).

7. Revoking Consent: You may revoke your consent at any time:

i.         by changing the Recordkeeping Option on Scotiabank’s Digital Banking Service (through scotiabank.com or Scotiabank Mobile Banking);

ii.       by calling 1-800-472-6842 (available 24 hours a day, 7 days a week);

iii.      by visiting a Scotiabank Branch.

We will send you a confirmation that we have received your revocation and specify when it takes effect through electronic delivery to the Designated Information System or through paper delivery.

It may take up to 10 business days for your revocation to take effect. You may still receive electronic delivery of documents issued by us before your revocation takes effect.

Current passbook users who choose to switch to Paperless Statements will not be able to switch back to the Passbook Record Keeping Option. However, such customers may choose the Paper Statement option in order to receive paper based documentation going forward.

Change of consent for tax documents from paperless to paper can be made up to the last business day of the relevant tax year.

8. Adding or Changing the Terms of this Document

We can add or change the terms and conditions of this document from time to time. You agree to be bound by any future changes we make to these Terms. Notice of additional or amended terms and conditions may be given to you in any of the following ways:

i.            A notice mailed to you at your last address in our records;

ii.            A notice on your electronic account statement or PPS;

iii.            A notice on the Scotiabank website;

iv.            A notice posted on Scotiabank’s Digital Banking Service; or

v.            A notice sent to you through Scotiabank’s Digital Banking Service.

As new document types (for clarity, only those document types not already included in Section 2) become available we may ask if you want to receive that particular document type electronically as a paperless document instead of a paper document.