Scotia iTRADE Mobile Application Terms and Conditions

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR AND USE SCOTIA ITRADE^® MOBILE BROKERAGE SERVICES (THE "SERVICE").

THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THIS SERVICE ARE MORE LIMITED THAN THE FUNCTIONALITY, INFORMATION AND DISCLOSURES AVAILABLE THROUGH THE SCOTIA ONLINE WEBSITE.

BY REGISTERING FOR AND/OR BY USING THE SERVICE, YOU CONFIRM THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AND ALL OTHER AGREEMENTS, TERMS, AND CONDITIONS THAT GOVERN YOUR ACCOUNT(S) AT SCOTIA ITRADE, INCLUDING, WITHOUT LIMITATION, SCOTIA ITRADE’S ACCOUNT TERMS AND CONDITIONS BROCHURE, THE SCOTIA ITRADE ELECTRONIC TERMS OF ACCESS AGREEMENT, THE SCOTIACARD^® CARDHOLDER AGREEMENT, AND THE SCOTIABANK GROUP™ PRIVACY AGREEMENT , ALL AS MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, THE "TERMS AND CONDITIONS"). SCOTIA ITRADE’S ACCOUNT TERMS AND CONDITIONS BROCHURE CAN BE ACCESSED ON WWW.SCOTIAITRADE.COM UNDER OPEN AN ACCOUNT -> DOWNLOAD FORMS. THE SCOTIA ITRADE ELECTRONIC TERMS OF ACCESS AGREEMENT, THE SCOTIACARD CARDHOLDER AGREEMENT AND THE SCOTIABANK GROUP PRIVACY AGREEMENT CAN BE ACCESSED ON THE SCOTIA ONLINE WEBSITE BY CLICKING ON THE “LEGAL” LINK ON THE BOTTOM OF EACH WEBSITE PAGE.

YOU CAN REGISTER FOR THE SERVICE THROUGH YOUR MOBILE DEVICE. BY REGISTERING FOR THE SERVICE, YOU WILL BE TAKEN TO HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY AS IF YOU HAVE SIGNED A PRINTED VERSION AND YOU WILL BE BOUND BY THEM AND THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE.

YOU SHOULD READ IMPORTANT DISCLOSURES AND DISCLAIMERS WHICH CAN BE FOUND, INCLUDING, WITHOUT LIMITATION, IN THE TERMS AND CONDITIONS, ON THE SCOTIA ONLINE WEBSITE, AND BY CLICKING ON THE 'IMPORTANT DISCLOSURES AND DISCLAIMERS' LINK AT THE BOTTOM OF RELEVANT PAGES WITHIN THE SCOTIA ITRADE MOBILE APPLICATION.

In these terms and conditions, "we", "our" and "us" mean Scotia Capital Inc. and "you" and "your" mean the individual who is using the Service. These terms and conditions apply to your use of the Service (including, for greater certainty, Scotia iTRADE’s mobile trading application software), and any information contained therein. If you do not agree with any of the terms set out herein, you should not use the Service, and if you have already installed Scotia iTRADE’s mobile trading application software (the “Application”), you should uninstall the Application from your mobile device. 

As consideration for your continuing compliance with and agreement to be bound by the Terms and Conditions, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Application (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to access your account(s) at Scotia iTRADE from your mobile device, subject to the Terms and Conditions.

You understand, acknowledge and agree that:

1. you must be a Scotia iTRADE client with a valid, active and funded Scotia iTRADE account in good standing;
2. you may only use the Application on mobile devices that are authorized by Scotia iTRADE as being eligible to receive the Service;
3. you will only use the Service and the Application solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you;
4. you will at all times comply with and be bound by the Terms and Conditions;
5. you will at all times comply with (and your use of the Service and the Application will at all times be in compliance with) all applicable laws, rules and regulations, including, without limitation, applicable export and import control laws and regulations, and you will not knowingly allow any other party to use the Service or the Application for or in connection with any illegal purpose or activity. The Application is not intended for distribution or use by any person in any jurisdiction or country where such use and/or distribution would be contrary to local laws, rules and/or regulations. It is your responsibility to comply with all local laws, rules and/or regulations;
6. you may only use the Application for the purpose of accessing Scotia iTRADE services and for no other purpose whatsoever;
7. the Application is licensed only to you in accordance with the terms hereof and for the limited purposes set out herein;
8. you will compensate us in respect of any damages suffered by us and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively, the “Claims”) from any third party in relation to any matters arising out of or in any connected with: (a) your use of the Service, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you;
9. use of the Service (including the Application) is at your own risk and you are solely responsible for the use of any data, information or services obtained through the use of the Service, and any investment losses that may result;
10. the Service is provided as a convenience to you. The information accessible through the Service is more limited than the information available through the Scotia iTRADE website or through your official account documentation, and does not constitute an official brokerage record for the brokerage account(s) to which it pertains;
11. you will comply at all times with all technical and security requirements which we establish regarding the Service; and
12. in the event that you fail to comply with the Terms and Conditions or your account(s) at Scotia iTRADE are closed, all rights granted to you in relation to the Application and the Service shall immediately come to an end and you will immediately destroy all copies of the Application.

You will not:

1. alter, modify, adapt or translate the whole or any part of the Application, or any other computer software made accessible to you or otherwise used by you to access and use the Service, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part;
2. merge the Application or any component thereof into any other programs or create derivative works based on any component of the Application;
3. use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof;
4. license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application or the Service in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Application or the Service, or any part thereof, or the information contained therein, to any other party;
5. copy the Application or the information accessible through the Service onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Application or the Service whatsoever;
6. remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Service;
7. use the Application or the Service in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person;
8. cause damage to any of the websites, servers, systems or equipment used in the provision of the Service by Scotia iTRADE or any other third party, and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Service; and will in all cases indemnify and hold harmless Scotia Capital Inc. and its affiliates from any and all Claims in respect thereof.

You understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the Application or the Service, as either of them exist now or in the future, and all ownership, rights, title, interest and intellectual property rights in the Application and the Service, including, but not limited to, all trade names, and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of Scotia Capital Inc., its affiliates and/or its licensors, to the extent applicable, and nothing herein shall be construed as granting any rights therein to you. 

You understand and agree that you are solely responsible for all orders, instructions and information entered through or electronically transmitted to us through the Service using your ScotiaCard number, sign-on password, and access code, and you accept that all such orders, instructions and data transmissions are undertaken at your own risk. Neither Scotia Capital Inc. nor any of its affiliates is liable for any error made by you in entering any details or providing any orders or instructions when you use the Service. You agree that Scotia Capital Inc. shall be entitled to rely upon orders and instructions received when entered using your ScotiaCard number, sign-on password, and access code. You understand that once your ScotiaCard number, sign-on password, and access code have been entered in a given session, no additional passwords are required before securities trading orders may be placed, and you will take all necessary precautions to prevent unauthorized access to your Scotia iTRADE account(s). Scotia Capital Inc. may rely on all orders and other communications given or entered by you or anyone else using your ScotiaCard number, sign-on password, and access code, and you will be bound by any agreement entered into and expense incurred in reliance on such orders and communications. Without limiting the generality of the foregoing, you will be responsible for all instructions received by Scotia iTRADE between the time you first pass the security procedure until the time you log-out of the Service. Please note that this includes any input errors sent by anyone else. Please do not leave your mobile device unattended while you remain logged into the Service. You agree that if you have a joint account we will act on the instructions of either accountholder but you are each responsible for all transactions carried out and for repayment of any debts which arise on your account(s).
You must always keep confidential, and will take all necessary precautions to ensure the confidentiality and security of all of your access credentials, including your ScotiaCard number, passwords, access codes, personal identification numbers, ScotiaCard security code numbers, and the answers to any online security questions (personal verification questions) you have chosen that allow you to sign-on to the Service (collectively, “Access Credentials”), and will take all necessary precautions to prevent unauthorized access to the Service. You will NOT divulge your Access Credentials to anyone, ­including family members, friends, employees, bookkeepers or anyone else. You will NOT: (a) write your Access Credentials down, (b) keep a poorly disguised record of them, (c) keep your Access Credentials together with your Scotia iTRADE or ScotiaCard card, (d) save your Access Credentials in your mobile device, or (e) respond to text messages, pop-ups, emails or other Internet requests that ask you to reveal personal information about yourself or your Scotia iTRADE account(s). We will never send you unsolicited text messages or emails asking for your Access Credentials. We will never ask you to validate or restore your account or Scotia iTRADE mobile trading access through unsolicited text messages or emails.

In the event that you suspect or immediately upon becoming aware that someone else knows or may have unauthorized access to your Access Credentials, or in the event of any other attempted or actual unauthorized access to the Service, or the loss, theft, misuse or compromise of any of your Access Credentials, you will immediately notify Scotia iTRADE at 1-888-TRADE88 (1-888-872-3388).

You must review your statements and report any errors in a timely manner. Please see your applicable account agreement statement for further details. You will notify Scotia iTRADE immediately upon receipt of any confirmations of trades that were not placed by you or someone whom you have authorized to trade in your account(s), and in the event that you do not receive confirmations of trades that you did place.

If you fail to take any of the actions described above, you will be liable for any unauthorized transactions on your account confirmed by use of your ScotiaCard number and sign-on password. You agree to assist us in any investigation into improper access to your accounts. 

You will continue to be subject to the fees applicable to your Scotia iTRADE account(s), as set out in Scotia iTRADE’s fee schedule, as such schedule may be amended from time to time by Scotia iTRADE in its sole discretion and in accordance with applicable law. The fee schedule applicable at a given time can be found on the Scotia OnLine website by accessing Products & Services -> Investment and Wealth Services -> Scotia iTRADE -> Competitive Pricing. You must abide by the Terms and Conditions, including the terms of your customer agreements and any other agreements you have entered into with us that govern your trading or other financial services or products offered by or through us.

Your mobile device network operator may charge you when you are using the Service and these charges may vary if you use your mobile device to access the Service when abroad. Please check with your mobile device operator for details. Your access to the Service may be subject to the terms and conditions of your agreement with your wireless carrier and/or Internet service provider. You are solely responsible for any and all fees imposed by your mobile service provider and Internet service provider. 

We provide market data, information, research, seminars, webinars and news (collectively, the “Information”) to you under license from various exchanges and information providers. You may not redistribute or re-sell any Information which you obtain through Scotia iTRADE. All intellectual property rights owned by third parties in any Information provided by third parties shall at all times remain the property of such third parties. Your use of such Information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for the any Information provided by third parties and make no representations or warranties that such Information will be accurate or timely. The Service, the Application and all Information contained therein is and remains our property and/or the property of our third party licensors. 

Orders placed through the Service will be credited and debited to your regular Scotia iTRADE account(s) and all resulting transactions will be reflected in your regular Scotia iTRADE account(s) in the same manner as trades placed through Scotia iTRADE’s regular website service.

You understand and agree that order cancellation requests are not guaranteed. Orders will be cancelled only if the cancellation request is received in the marketplace and matched up with the order before the order executes. Because market orders are subject to immediate execution, it is rarely possible to cancel a market order.

You shall not assume that any order has been executed or cancelled until you have received a confirmation of the transaction. Because Scotia iTRADE sometimes receives late reports from exchanges, market-makers and market centers reporting the status of transactions, you may be subject to late reports related to orders that were previously unreported or reported as expired, cancelled, or executed. Any reporting or posting of errors, including errors in execution prices, will be corrected to reflect what actually occurred in the marketplace. You shall indemnify and hold Scotia Capital Inc. and its affiliates harmless from and against any and all Claims arising from reporting or posting errors.

You shall be solely responsible for all risks associated with market conditions, including, without limitation, high volume and market volatility, that may result in loss, delay, or cancellation of orders, and conflicting and/or inaccurate confirmations of orders. You understand that the price at which an order is executed in the marketplace may be different from the price at which the security or option was quoted at the time the order was entered. You understand and agree that, under no circumstances, shall Scotia Capital Inc. or any of its affiliates incur any liability for any such market fluctuations. Furthermore, you understand and agree that entering an order with Scotia iTRADE either through the Service or otherwise, does not guarantee execution or the timeliness of the execution of the order, and that Scotia iTRADE is not responsible for any order that is not executed. 

You acknowledge that it is not possible for us to provide the Service free from defects. The Service may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason. The Service may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of Scotia iTRADE or any of its affiliates or any third party, and neither Scotia Capital Inc. nor its affiliates will be liable therefor.

You understand and agree that the Service and the Application are provided “as is” and “as available”, and all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Service or the Application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.

Neither Scotia Capital Inc., its affiliates, its licensors, its sublicensors nor any other third party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information, including any quotation, market information or other information or data furnished through the Service, or that any such Information disseminated may be relied upon for trading or other purposes. You acknowledge that it is your responsibility to verify any Information that you elect to use when taking any action with financial consequences. You will independently determine market prices for trading purposes through your own customary trading channels, and you acknowledge that any orders placed by you are the result of your own independent market research. Any Information is provided solely to help you to make your own investment decisions and does not constitute a personal investment recommendation or advice. Any Information is used at your own discretion and risk and you are solely responsible for any investment losses that may result.

Your sole and exclusive remedy against Scotia Capital Inc., its affiliates, its licensors, and any other third party provider of services for Scotia iTRADE, with respect to these terms and conditions, the Service, the Application, and any Information, and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to the issuance of corrected information as soon as reasonably practicable following Scotia iTRADE’s receipt of written notice of such problem from you.

YOU ACKNOWLEDGE THAT THE SERVICE AND THE APPLICATION UTILIZE COMPLEX COMPUTER AND TELECOMMUNICATIONS NETWORKS AND THAT, AS SUCH, CONTINUED, UNINTERRUPTED AND ERROR FREE ACCESS TO THE SERVICE AND/OR THE APPLICATION CANNOT BE GUARANTEED. IN LIGHT OF THE FOREGOING, NEITHER SCOTIA CAPITAL INC., ITS AFFILIATES, ITS LICENSORS, NOR ANY OTHER THIRD PARTY PROVIDER SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, WHICH MAY ARISE OUT OF ANY OBLIGATION OF SCOTIA ITRADE UNDER THIS AGREEMENT, FROM ANY OUTAGE, INTERRUPTION, DISCONTINUATION OR DELAY IN THE SERVICE OR THE APPLICATION OR ANY PART THEREOF OR ANY ERROR CONTAINED THEREIN, OR FROM ANY OTHER NON-PERFORMANCE, DEFECTIVE PERFORMANCE OR LATE PERFORMANCE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ERRORS DUE TO MALFUNCTION OF EQUIPMENT, PROGRAMS OR OPERATIONS OF SCOTIA CAPITAL INC., ITS AFFILIATES, ITS LICENSORS, OR ANY THIRD PARTIES, OR NEGLIGENCE OF SCOTIA CAPITAL INC., ITS AFFILIATES, ITS LICENSORS, THIRD PARTY PROVIDERS, OPERATORS OR PROGRAMMERS. IN NO EVENT WILL SCOTIA CAPITAL INC., ITS AFFILIATES, ITS LICENSORS, OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITY OR LOSS OF REVENUES, PROFITS OR SAVINGS, HOWEVER CAUSED, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, RELIANCE ON, OR INABILITY TO ACCESS OR USE THE SERVICE, THE APPLICATION OR THE INFORMATION, OR FOR ANY DELAY IN OR FAILURE OF TRANSMISSION OF ANY INSTRUCTIONS OR NOTIFICATIONS SENT TO US THROUGH THE SERVICE, EVEN IF SUCH PARTY KNEW, SHOULD HAVE KNOWN OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

You understand, acknowledge and agree that Scotia iTRADE may in its sole discretion, at any time:

1. modify any part of the Service and/or change the terms and conditions upon which the Service is provided to you,
2. discontinue or terminate the Service in part or in its entirety,
3. without notice terminate or otherwise limit your access to the Service at any time for any reason, including, without limiting the generality of the foregoing, in the event that we believe that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that Scotia iTRADE believes that you are using the Service illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to you. Termination of your access to the Service shall not alleviate any continuing or unfulfilled obligations which you may have under the Terms and Conditions (including, without limitation, payment of outstanding fees and commissions to Scotia iTRADE in connection with your use of the Service or your Scotia iTRADE account(s)), which obligations shall survive termination of your access to the Service. 

These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that the courts of the Province of Ontario will have jurisdiction for the determination of any matters arising out of these terms and conditions.

Performance of any obligation hereunder by Scotia Capital Inc. shall be excused if prevented by acts of God, public enemy, fire or other casualty, labour dispute, communications, computer, software, hardware or equipment failure, act or omission of any market center, utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond Scotia Capital Inc.’s reasonable control.

The Service is subject to the agreements you have in place for the products and services that you have with us. In the event that there are any inconsistencies between these terms and conditions and Scotia iTRADE’s account terms and conditions brochure, the terms and conditions contained in Scotia iTRADE’s account terms and conditions brochure shall prevail.

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

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

If you have any queries in relation to the Terms and Conditions or the Service, please contact us at 1-888-TRADE88 (1-888-872-3388).

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

You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the terms and conditions contained herein, and the provisions herein that limit the liability of Scotia Capital Inc. and its affiliates for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Service.

You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English. Vous et nous avons expressément demandé que ces termes et tout document y afférent, y compris tout avis, soient rédigés uniquement en anglais.

These terms and conditions form a contract between you and us in respect of the Service. For your own benefit and protection you should read the terms and conditions set out herein carefully before you start to use the Service.

Scotia iTRADE (Order-Execution Only Accounts) is a division of Scotia Capital Inc. Scotia Capital Inc. is a member of the Canadian Investor Protection Fund and the Investment Industry Regulatory Organization of Canada. Scotia iTRADE does not provide investment advice or recommendations and investors are responsible for their own investment decisions.