Digital Access Agreement

September 2016

1. Introduction

This Digital Access Agreement sets out the terms that apply to your use of the Digital Services (defined below).

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.

2. Definitions You Need to Know

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.

Agreement means this Digital Access Agreement as amended, modified or replaced from time to time.

American Express Contactless is described in Section 6.2.

Bill Payment Company refers to a business, company, 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.

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

Card means any card, and any replacement card, that we have issued to you and that:

  1. is associated with an Account(s);
  2. has a Card Number; and
  3. is used with or without, as applicable, your Electronic Signature to access Digital Services.

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 using, as applicable, 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 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 Services are defined in Section 6.

Electronic Signature refers to each secret and confidential combination of numbers 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 Electronic Signature includes, but is not limited to, your PIN and/or any other security codes such as access codes, passwords or passcodes which allow you to use the Digital Services. Reference to “Electronic Signature” throughout this Agreement refers to all Electronic Signatures that you have.

Image has the meaning given to it in section 6.3.1.

Inactive Deposit Accounts means those deposit Accounts having no customer-initiated transactions for 24 consecutive months.

Interac Flash is described in Section 6.2.   

Item has the meaning given to it in section 6.3.4.

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 downloaded to your Mobile Device from the applicable app store.

Mobile Cheque Deposit has the meaning given to it in Section 6.2.

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 (and modem) through the Internet at Scotia OnLine® Financial Services (www.scotiabank.com).

PIN means the secret and confidential personal identification number you have selected for use with your Card. 

ScotiaCard means a 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 (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.

Touch ID means the Scotiabank Mobile Application feature that, for some Mobile Devices, allows access to Digital Services using a biometric, such as Touch ID Fingerprint, instead of an Electronic Signature. 

Touch ID Fingerprint means an individual’s fingerprint that is scanned and saved within Touch ID.

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

VISA payWave is described in Section 6.2.

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.

3. Security of your Card, Card Number, Username, and Electronic Signature

You are responsible for maintaining the confidentiality and safekeeping of your Card, Card Number, Username, and Electronic Signature. 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.

These responsibilities include:

4. Lost, Stolen or Compromised Card, Card Number, Username, or Electronic Signature

You will notify us immediately if:

 

You may notify us by visiting the nearest Scotiabank branch or by contacting us at the telephone numbers shown at the end of this Agreement.

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

5. Security of Touch ID

6. Terms and Conditions applicable to Digital Services

6.1  General

The terms and conditions set out elsewhere in this Digital Access Agreement also apply to these Digital Services.

You authorize Scotiabank to accept your instructions given through the Digital Services as if you had given the instructions to us signed and in writing.

6.2  Card Payment Transactions without an Electronic Signature

You may use your Card without the Electronic Signature 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 Electronic Signature.

6.2.1      Interac Flash

Interac Flash is a ScotiaCard feature enabling small purchases of up to $100 by holding your ScotiaCard over a Card Payment Terminal that supports Interac Flash.

If your ScotiaCard was issued before March 2013, your maximum purchase limit is $50 at most merchants and $100 at gas stations. Should you exceed the maximum amount at any merchant, you will be prompted for your PIN in order to complete the transaction. Interac Flash Transactions are only for the payment of goods and services – “cashback” transactions are not permitted.

When you are first issued a ScotiaCard  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 ScotiaCard for Interac Flash to be enabled. If you requested to have the Interac Flash enabled on your current ScotiaCard any replacement ScotiaCards will also have the Interac Flash feature enabled.

You can have Interac Flash enabled or disabled on your ScotiaCard by contacting the Scotiabank Call Centre at 1-800-4SCOTIA or by visiting your nearest branch.

6.2.2      Visa payWave 

Visa payWave is a feature available on select Scotiabank Visa credit Cards that enables you to use the credit Card to pay for small purchases at select merchants by holding your credit Card over a Card Payment Terminal that supports Visa payWave. 

Up to $100 for each VISA payWave Transaction can be made using a Card in your Mobile Wallet.

You do not have to insert your credit Card or use your Electronic Signature.

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

6.2.3      American Express Contactless 

American Express Contactless is a feature available on select Scotiabank AMEX Cards that enables you to use the Card to pay for small purchases at select merchants by holding your Card over a Card Payment Terminal that supports American Express Contactless.    

Up to $100 for each American Express Contactless transaction can be made using a Card in your Mobile Wallet.

6.3 Mobile Cheque Deposit

 

6.3.1.     General.  Through the “Deposit” feature in the Mobile Banking Application, you can deposit Items (defined in Section 6.3.4 below) to an eligible deposit Account without physically sending us the Item itself. Using the Deposit feature, you take a picture of the front and back of the Item with your supported Mobile Device and send the image (“Image”) to Scotiabank. This service will be referred to as “Mobile Cheque Deposit”.

 

6.3.2.     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 www.scotiabank.com/mobilebanking.

 

6.3.3      Agency.  You acknowledge and agree that when you create an Image using Mobile Cheque Deposit, you are acting as Scotiabank’s agent for the 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.

 

6.3.4.     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. Items must meet any other eligibility requirements specified in these terms.

 

In addition,

 

  1. 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.
  2. Each Item must be in the standard format approved by the Canadian Payments Association. 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.
  3. 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.
  4. Only send one accurate and clear Image of the front and back of each Item you want to deposit.
  5. 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 above requirements.

 

6.3.5.     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.

 

6.3.6.     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.

 

6.3.7.     Alterations.  You may not alter or cover up anything on either the front or back of an Item to be submitted for remote deposit using Mobile Cheque Deposit.

 

6.3.8.     Representations and Warranties.  Every time you submit an Item to us using Mobile Cheque Deposit, you are deemed to give us the following representations and warranties:

  1. Each Image is an accurate Image of an original Item and not of a photocopy or printout of an electronic copy.
  2. The Item has not been altered or defaced in any way, including but not limited to changing the amount or changing the payee, either physically or electronically.
  3. You have not deposited or attempted to deposit or cash the Item anywhere else or by any other means.
  4. You have not created any images or copies of the Item other than the Image submitted through Mobile Cheque Deposit or if you have done so, you have deleted or destroyed the other image or copy.
  5. You have taken reasonable steps to securely store and destroy original Items in accordance with the terms of this Agreement and otherwise to prevent duplicates and other prohibited items from being submitted.

6.3.9.     Indemnification.  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 the requirements in this Section 6. You acknowledge that Scotiabank will not be liable for any losses or liabilities that you may suffer as a result of your use of Mobile Cheque Deposit, including if the feature is not available for any reason.

 

6.3.10.   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 relation to the item, even if this creates an overdraft on the Account. You agree to cooperate in any investigation of unusual transactions, poor quality transmissions, and resolution of customer 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.

 

6.4 Scotia InfoAlerts 

 

6.4.1.     Description of Service.  The Scotia InfoAlert service allows you to subscribe to various alerts for your Accounts.  Depending on the alert, you can choose to receive alerts via email, Short Message Service (“SMS”), or push notification to a Mobile Device.

6.4.2      Privacy.  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.

6.4.3      Your Mobile Carrier and Your Internet Service Provider.  You may receive alerts through a text- or web-enabled Mobile Device, an email account that is accessed via a personal computer, or both. It is your responsibility to determine if your mobile carrier supports SMS messaging and if your telephone or Mobile Device is capable of receiving SMS messages.

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 of any kind whatsoever imposed by your mobile service provider and internet service provider.

6.4.4      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 Mobile Device will be able to view these alerts.  It is your responsibility to ensure that this information is kept confidential and secure. 

6.4.5      Your responsibilities – Updating your Email Address and Mobile Device number.  The email address you provide to us is neither reviewed nor verified by us prior to or following activation of the Scotia InfoAlert service. It is your responsibility to ensure that it is current and accurate.  The first time that you select the SMS option for alerts, or when you subsequently provide us with an updated Mobile Device number, we will send a confirmation SMS message to the Mobile Device number that you provided. Contact us at 1-800-4SCOTIA (1-800-472-6842) (i) if you do not receive that SMS message within one (1) hour of providing the Mobile Device number; (ii) to update your Mobile Device number at any time; or (iii) to update your Scotia InfoAlerts email address.  You can also change your Mobile Device number or email address on the My Profile screen in the Scotia InfoAlerts function within Scotia OnLine.  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.

6.4.6      Suspending InfoAlerts.  If you wish to temporarily or permanently discontinue Scotia InfoAlerts from being sent to your Mobile Device, you may de-select Mobile as a delivery channel for the alerts that you wish to discontinue. Alternately, you may text 'STOP' in response to any Scotia InfoAlert sent by SMS to your Mobile Device, which will remove that mobile number from being used for any Scotia InfoAlerts.

6.4.7      Limitation of Liability.  You agree that your alerts may be delayed, not delivered, or inaccurate due to a variety of factors, including technical problems. Neither we, your mobile carrier, your ISP provider, nor any other third party connected with providing the alerts will be liable for any direct or indirect damages (including any special, punitive, or consequential damages) arising out of your use or inability to receive or to use the alerts, or the information contained in or omitted from the alerts, regardless of the cause of action, including negligence, even if we are advised of the possibility of such damages. You accept the risk that alert messages may be lost, intercepted, reviewed or altered by others.  Neither we, nor your mobile carrier, nor your email service provider, nor any other third party is responsible if alerts are sent to a valid mobile number or email address that you provided to us, but which is not owned by you, or which is no longer owned by you.  We provide this service as a convenience to you for information purposes only. An alert does not constitute a bank record for the bank account or credit account to which it pertains.  All alerts are subject to the agreements you have in place for the products and services that you have with us.

6.5     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.

7. Inactive Deposit Accounts and expired Cards

8. 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:

9. 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 1-800-472-6842 as noted in section 25 (Customer Service) below, or by consulting the Manage My Accounts menu in Online Banking.

10. Transaction Records/Confirmation Numbers

At the completion of each Digital Services transaction, you will be given transaction record, unless otherwise requested, 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.

11. Liability

11.1. Your Liability

Reference to Card below includes use of the Card with or without Electronic Signature, as applicable.

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

 

b) Provided you have met your responsibilities under this Agreement, you are not liable for losses resulting from:

 

c) 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).

d) Where you are liable for the transactions on your Account(s) pursuant to the terms and conditions described in 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 your Accounts or as are set out in any other section of this Agreement.

11.2. 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 (INCLUDING NEGLIGENCE, STATUTE OR ANY OTHER CAUSE OF ACTION), 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 AND IN ANY OTHER SECTION OF THIS AGREEMENT.

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 Electronic Signature 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.

12.  No Warranties

You understand and agree that we may use third party service providers to provide or help us provide the Digital Services.

Neither the Bank, nor any access service provider nor any other information technology service provider, makes any express or implied warranties concerning the Digital Services  including, but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement of any third party proprietary rights unless disclaiming such warranties is prohibited by law.

13.  Accepting Our Records

Our records as to whether a Digital Services  transaction has been performed, 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 30 days of the date of a disputed transaction.

14. Posting of Transactions, Cancelling Transactions, Updating Bill Payment Information

Transactions completed through the Digital Services will be posted to your applicable Accounts on a date determined by us. 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 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 6:00 p.m. Eastern Time 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 or the transfer unless it is a post-dated payment or transfer you have set up in Online Banking, Mobile Banking or TeleScotia Telephone Banking. Such postdated payments and transfers can be cancelled directly through Online Banking until 6 p.m. ET on the day they are scheduled to take place. You can also request cancellation of a postdated payment or transfer by speaking directly with one of our Customer Service representatives at least one (1) Business Day before the scheduled payment or transfer date.

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.

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 may decide have been credited or debited to an Account.

15.  Processing Foreign Currency Credit Card Payments

You can use the credit Card(s) in your Mobile Wallet to access your credit 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.

If you use your Card for a transaction in a foreign currency and the store, retailer or merchant gives you a credit voucher (for example in the case of a refund), the two transactions (the purchase and the refund) may not balance exactly because of exchange rate and currency fluctuations between the date of the purchase and the date of the credit (or refund).

We will not assume any risks associated with foreign currency exchange gains or losses from cross-currency conversions resulting from the use of your Card. Any gains made or losses incurred by you in connection with foreign currency transactions because of currency rate fluctuations between the date the transaction is posted and the date any subsequent credit is posted to the designated Account are your responsibility and shall be payable to you or by you as applicable.

16. Changing Designated Accounts

We may designate one or more of your Accounts for certain services available through the Digital Services. You can cancel or change a designation at any time by letting us know through TeleScotia Telephone Banking or by visiting the nearest Scotiabank branch.

17. 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.

18.  Further Provisions Regarding the Digital Services

Cookies. A "cookie" 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. You consent to our use of cookies and other tracking technology (including, but not limited to location services and/or tracking) to track and collect your online activity information and use of the services, to assess the effectiveness of our advertisements (which may be hosted on third party web sites), to assist us in customizing the services, including providing you with information about other products and services, to identify the location of your Digital Access Device, to provide you with certain functionality available through the services or to identify connectivity (such as whether or not you are connected to a mobile or wireless network).

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.

Types of Mobile Devices. While we aim to support the use of Mobile Banking and/or Mobile Wallet on most popular Mobile Devices on the Canadian market, we have no obligation to support their use on all Mobile Devices and nothing obligates us to continue to support their use on any Mobile Device.

Tampering. We will not support the use of Mobile Banking or 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 these by any person on such jailbroken, tampered with or modified Mobile Device.

Mobile Banking Updates, Support and Deletion. When you use Mobile Banking through the Mobile Banking Application, you agree you will maintain the Mobile Banking Application up to date as we release new versions. Scotiabank only supports the current version and immediately previous version of the Mobile Banking Application. You can uninstall the Mobile Banking Application at any time by deleting it from your Mobile Device.

Software. 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 those 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.

The Software is 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 such 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 Software will meet your requirements or that the operation of the 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. TO THE EXTENT NOT PROHIBITED BY LAW WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE UNDER THIS AGREEMENT OR OTHERWISE.

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

You will not:

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 harmless us and our affiliates and licensors 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. and Research in Motion E-Commerce Inc. (Blackberry)) nor any of their respective affiliates, will have any obligation to provide any maintenance or support services to you 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.

19.  Adding or Changing the Terms of this Agreement

You acknowledge that we can add, change or replace the terms and conditions of this Agreement from time to time. Notice of additional, amended or replaced terms and conditions may be given to you in any of the following ways:

Your continued use of the Account, the Digital Services or any other service with us, acknowledges that you agree to and accept the new terms and conditions of the Digital Access Agreement and all agreements related to the Account or service as amended, modified or replaced.

20.  Resolving Disputes

We are not responsible for any failure to supply, or lack of suitability of quality of, any goods or services purchased from Bill Payment Companies, merchants or others through the Digital Services. All disputes between you and a Bill Payment Company, merchant or others, including your rights to compensation or any offset rights (set-off), shall be settled directly by you with the applicable Bill Payment Company, merchant or others. We do not verify, nor are we required to verify, that any purpose for which the payment is made has been fulfilled by the Bill Payment Company 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, Electronic Signature, biometric such as Touch ID Fingerprints, 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 a Digital Services transaction 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.

21. 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 services provided by us.

If there is a conflict between this Agreement and such other agreements, documentation or terms and conditions, this Agreement will prevail as it relates to the services contemplated in this Agreement.

22. 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.

23. 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.

24. Customer Service

For any question or concern (including regarding a lost, stolen or compromised Card or compromised Card Number, Username or Electronic Signature; inquiring about fees, rates or 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.

® 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.