Digital Access Agreement

November 2017

  1. 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 between you and us regarding the Digital Services and your consent to receipt of electronic documents that are not contained herein (the “Other Agreements”). Such Other Agreements 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. 

  1. 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

  1. Definitions

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 has the meaning given to it in Schedule ‘A’ or Schedule ‘B’ as applicable.

  1. 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:

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.

  1. 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.
  1. 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.

  1. 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.

  1. 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

  1. 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.

  1. 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:

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 this Schedule ‘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.

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

  1. 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:

  1. 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.

  1. Security of Biometric ID
  1. 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’.

  1. 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.

  1. 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:

  1. 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.

  1. 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.

  1. Your Liability

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

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

 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.

  1. 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.

 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.

  1. Posting of Transactions, Bill Payment Companies, Cancelling Transactions

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.

  1. 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).

  1. 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.

  1. 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.

  1. Further Provisions Regarding the Digital Services

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:

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 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:

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 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 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 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.

  1. 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,

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 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.

 3. 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, Short Message Service (“SMS”), or 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 one or more of a Mobile Device, SMS text-enabled telephone, and an email account that is accessed via a personal computer. It is your responsibility to determine if your mobile carrier supports SMS or push messaging and if your Mobile Device or telephone is capable of receiving SMS or push messages. Depending on your chosen alert delivery method, you must have internet and/or data services enabled on your Mobile Device/personal computer. 

 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.

 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, telephone or Mobile Device will 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 email address you provide to us is neither reviewed nor verified by us prior to or following activation of the Scotia InfoAlerts 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 telephone or Mobile Device number, we will send a confirmation SMS message to the Mobile Device or telephone number that you provided. Contact us at the telephone numbers shown in Section 25 (Customer Service) (i) if you do not receive that SMS message within one (1) hour of providing the Mobile Device or telephone number; (ii) to update your Mobile Device or telephone number at any time; or (iii) to update your Scotia InfoAlerts email address. You can also change your Mobile Device number, telephone number or email address on the Profile screen in the Scotia InfoAlerts function within Scotia OnLine or the Mobile Banking Application. 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).

  1. Interac e-Transfer

Definitions

 In this Section 4,

“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

Privacy Matters

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.

® 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

The terms and conditions in this Consent to Receipt of Electronic Documents (“Terms”) apply to the electronic delivery of documents to you relating to your selected account(s) (defined below).

  1. Definitions,SelectedAccount(s)andDesignatedInformationSystem

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

The DesignatedInformationSystem 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’sDigitalBankingService means our online banking service that you access through scotiabank.com and mobile banking.

  1. ConsentandWhenItTakesEffect: You consent to the electronic delivery of the following documents and other information related to the selected account(s), as applicable, through the Designated Information System:
  2. account opening applications and forms;
  3. customer agreements;
  1. annual disclosure statements, including personal portfolio statements (“PPS”), and annual mortgage information disclosure;
  2. tax receipts, including the T3, T4, T5, and RRSP contribution receipt;
  3. notices of changes to the agreements governing the selected account(s);
  1. 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.

  1. VerbalConsent: 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).
  2. LengthofTimeElectronicDocumentsareAvailable: Each document described in clauses (i) to (v) of Section 2 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.
  3. YourObligationstoAccesstheDesignatedInformationSystem: 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.

  1. ProvidingDocumentsbyPaper: 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).
  2. RevokingConsent: You may revoke your consent at any time:
  3. by changing the Recordkeeping Option on Scotiabank’s Digital Banking Service (through scotiabank. com or Scotiabank Mobile Banking);
  4. 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.

  1. New Document Types:

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.