ELECTRONIC
SERVICES TERMS OF ACCESS |
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Please
read carefully the following Terms of Access. If you do not
agree with these terms you will not have access to the brokerage
functions within the Scotia Online site. |
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"ScotiaMcLeod"
is a registered trademark of The Bank of Nova Scotia. "ScotiaMcLeod
Direct", "Scotia iTRADE", "Scotia
Online" and "Scotia Online Brokerage" are trademarks
of The Bank of Nova Scotia. Scotia Capital Inc. is an authorized
user of these marks. All other trademarks, service marks, registered
trademarks, or registered service marks mentioned in this web
site are the property of their respective owners. Scotia Capital
Inc. is a wholly owned subsidiary of The Bank of Nova Scotia.
ScotiaMcLeod and Scotia iTRADE are divisions
of Scotia Capital Inc.
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"Scotia Private Client Group"consists of private client services
from The Bank of Nova Scotia, The Bank of Nova Scotia Trust Company,
Scotia Asset Management Investment Counsel Limited, Scotia Asset Management U.S. Investment Counsel Inc.,
and ScotiaMcLeod, a division of Scotia Capital Inc.,all members of the Scotiabank Group.
Scotia Capital Inc. is a member of Canadian Investment Protection Fund."Scotia Private Client Group"is a registered trademark of
The Bank of Nova Scotia (each individually or collectively referred to as a "Service Provider").
"You" and "yourv refer to the person who has been issued a ScotiaCard and undertakes Electronic Services.
"We", "our" and "us" refer to the member of the Scotiabank Group offering a particular service including, if appropriate, its affiliates.
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You
agree to comply with the terms and conditions of The ScotiaCard
Cardholder Agreement, as that agreement is amended by The Bank
of Nova Scotia from time to time, in addition to the terms and
conditions contained herein. Where there is a conflict between
the provisions of this Agreement and the ScotiaCard Cardholder
Agreement, the provisions of this Agreement will govern. You
acknowledges and understands that the range of services that
you may use and the types of transactions that you may
enter into in respect of Client's Designated Account(s) using
the ScotiaCard may be different than those described in the
ScotiaCard Cardholder Agreement. You agrees that you may
only use those services and enter into those transactions which
the Service Provider makes available to clients from time to
time in its sole discretion. All capitalized terms not defined
herein shall have the meaning set forth in the ScotiaCard Cardholder
Agreement. |
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No
portion of the content of this web site may be reproduced, other
than for personal, non-commercial use, in any form or by any
means, without prior written permission from the Service Provider.
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Electronic
Services |
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You
agree that you may only use those services
and enter into those transactions which the Service Provider
make available to users from time to time.Your access to
all electronic and telephone services, including but not limited
to the Scotia Online Brokerage services (the "Electronic
Services"), may be temporarily suspended or terminated,
without notice, where it is believed that you are using such
services for inappropriate purposes. |
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The
Electronic Services are intended to permit clients to, among other things,
transmit securities trading instructions, view account balances, access related information,
effect Direct Payment transactions and pay bills to any participating
business, company or utility, which services may vary from user
to user depending upon level of access granted. We reserves the right to charge for those services. |
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Transactions |
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Transactions
entered into by you through Electronic Services will be posted
to your account as follows: (i) transactions processed before
5 p.m.(Eastern Time) on any business day will be processed on
that day and will appear on the your account records on the
following business day; and (ii) transactions processed after
5 p.m. (Eastern Time) will be processed as of the next business
day, however, interest will be calculated as of the day on which
the transaction was entered by you. For transactions processed
after 5 p.m., your account records will reflect the transaction
on the second business day after the transaction was entered. |
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You
will receive a reference number or, if the transaction is by
way of the Internet, a transaction record will be displayed
on the computer screen. Where the Electronic Services are used
to effect a Direct Payment transaction, third parties may provide
the transaction record directly to you. |
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Fees |
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The
Service Provider endeavours to keep the rates and fees posted
on this web site current. However, rates, fees and related information
are subject to change at any time with prior notice and may
not be reflected. A list of charges and fees will be provided
to you upon request. However, fees and rates imposed by other
financial institutions may only be obtained from such financial
institutions. For more information on fees, see the ScotiaCard
Cardholder Agreement. |
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Security |
You will follow the security requirements of the ScotiaCard cardholder agreement and any rules or instructions we may issue.
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You are solely responsible for the security and confidentiality of
your Electronic Signature, which includes logon ids, passwords,
access codes and personal identification numbers chosen by you.
The Service Provider shall not be responsible for the unauthorized
use of the service by any other person with your Electronic
Signature, and the Service Provider is under no obligation to
confirm the actual identity or authority of any user of the
Electronic Signature. |
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You shall notify the Service Provider immediately upon becoming
aware of any known or suspected unauthorized use of your
Electronic Signature to gain access to the Electronic Services,
or any other breach of security involving your Electronic
Signature. |
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You will be liable up to the maximum daily and weekly permitted
purchase and withdrawal amounts through the ScotiaCard, ScotiaCard
number and/or Electronic Signature for all account activity
contemplated by this Agreement resulting from unauthorized use.
For more information on security and unauthorized use, see the
ScotiaCard Cardholder Agreement. |
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Transaction
Acceptance |
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You acknowledges and agrees that with regards to Electronic Services: |
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(1) |
You are solely responsible for the accuracy of transactions;
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(2) |
We may exercise our absolute discretion to accept and process transactions placed through your Electronic
Signature, whether or not the transaction was placed by you,and will not incur any liability by reason of acting or failing
to act in such respect; |
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(3) |
all transaction requests will only be processed if your account
is in good standing, you have sufficient funds to complete the
transaction and the transaction is consistent with your stated
objectives, where your stated objectives are applicable; |
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(4) |
prior
to processing, all brokerage order requests must be reviewed
and approved by a licensed trader where applicable. If the order
is not approved for any reason, it may be cancelled. You will
be advised of the details and any necessary action by e-mail
or telephone; |
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(5) |
in certain circumstances we may request additional confirmation of any transaction request before execution of
the same; |
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(6) |
for mutual protection, we may keep records of all transactions and instructions received,
though not required by applicable law or regulatory requirements to do so. These
records will be conclusive and binding on you in the absence of clear proof that the records
are erroneous or incomplete;and |
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(7) |
We may pay a referral fee to its affiliates and their personnel as compensation for
referring you to us. |
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You
must advise us immediately if: you placed a transaction and did not receive the applicable
reference number;you did not receive the written confirmation; you received an inaccurate
written confirmation; or you received a written confirmation for a transaction not placed. |
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Cancellation
of Access |
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We may at any time, without notice, withdraw or vary any Electronic Services. Any transactions
posted subsequent to the withdrawal of such service will not be processed by the Service Provider. |
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Disclaimer |
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The
information provided by the Electronic Services is provided
"AS IS" with all faults. While we
believes the information to be correct when posted on the Electronic
Services, neither us nor our affiliates nor
any third party owner, licensor or supplier of equipment, software,
systems, services or facilities (the "Systems") used
or made available in connection with the information used or
made available through the Electronic Services, including market
data, quotation information and databases, and including news,
articles, text, graphs, audio clips, video clips, broadcasts
and seminars ("Data") makes or is liable for any representation,
warranty or condition, whether express or implied, concerning
the Systems or Data or the use thereof, including, without limitation,
that (i) the Systems or Data will meet your needs, will be
of a merchantable quality and fitness for use at any particular
time or for any particular purpose or will be error free or
(ii) the Systems or Data is up-to-date, accurate, in sequence,
reliable, complete or suitable for any purpose. Without limiting
the foregoing, "real time" quotes viewed on this web
site, particularly in times of high volumes of trading and market
volatility, may not be reflective of current trading prices.
Further, all express or implied, direct or indirect, representations,
warranties and conditions in respect of the Systems and Data
arising or implied by statute, common law, custom, usage of
trade, course of performance, course of dealing or otherwise,
including, but not limited to, any warranties or conditions
are expressly excluded. |
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Changes
may be made at any time to the Electronic Services and the information
contained therein without prior notice. If you are a client
of ScotiaMcLeod, consult your Investment Executive or any branch
of ScotiaMcLeod for more complete and up-to-date information.
If you are a client of Scotia iTRADE, contact
the local office of Scotia iTRADE.If you are a client of Scotia Private Client Group,
please consult your Relationship Manager. |
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The
Electronic Services are not intended to provide legal, accounting
or tax advice and should not be relied upon in that regard.
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All
the Data is protected by copyright and each supplier of the
Data reserves all proprietary and intellectual property rights
therein.You shall not reproduce, retransmit, disseminate,
sell, rent, distribute, publish, broadcast, circulate or commercially
exploit the Data provided through the Electronic Services in
any manner or furnish it to any other person without our prior
written consent of the Service Provider and the relevant supplier.
As a user of the Electronic Services you shall use the Data accessible
through the Electronic Services only for your individual
use, and shall indemnify and hold harmless us,our affiliates and each supplier of
Data from any losses or liabilities incurred as a result of your breach of the
foregoing provisions or other misuse of the Data. You agrees
that the terms of this Agreement may be enforced directly against
you by each supplier of Data. |
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We and each supplier of Data expressly disclaims any liability for losses
or damages, whether direct, indirect, specific or consequential
incurred by you and whether by contract,negligence or otherwise. In consideration
for our providing access to you of the Electronic Services, you shall
release,each supplier of Data and all related companies and their respective directors, officers, employees and agents from all
claims and proceedings for such losses, damages or consequences. |
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We expressly disclaims any liability for your acts or omissions, such as errors regarding dollar figures,
account numbers or other information required to complete an
Electronic Service. You acknowledges that once you confirms
the details of a transaction made through the Electronic Services,
that transaction may not be revoked, other than for post-dated
payments for which you provides a written request to stop payment
at least five business days before the payment is due to be
charged to your account. |
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The
Dow Jones IndexesSM are proprietary to and distributed
by Dow Jones & Company, Inc. and have been licensed for use. |
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The
Dow Jones Wilshire IndexesSM are jointly produced by
Dow Jones & Company, Inc. and Wilshire Associates, Inc. and have
been licensed for use. All content of the Dow Jones Wilshire
IndexesSM © 2005 is proprietary to Dow Jones &
Company, Inc. & Wilshire Associates Incorporated. |
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All
claims or disputes arising by virtue of your effecting (i)
a permitted Direct Payment transaction or (ii) a permitted bill
payment through the Electronic Services, we will in no way be liable for
(a) the quality or non-receipt of the goods or services purchased pursuant to (i) or (b) verifying
that any purpose for which the payment in (ii) is made has been
fulfilled. Any such claims or disputes must be settled directly
with the third party merchant, business, company or utility.
Similarly, we shall not be liable if any merchant,
business, company or utility does not accept your ScotiaCard
number or Electronic Signature. |
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We and our affiliates do not guarantee continuous
access. From time to time interruptions, errors or other deficiencies
in service may occur which are outside our control and our affiliates, including interruptions
in the accessibility of the Internet, a system outage in facilities
of a third party service and market conditions that may result
in general market volatility, volatility affecting a particular
security or class of securities, or heavy demand and high volumes
of trading activity. Neither we nor its affiliates will be liable for any loss or damage resulting from
use of the Systems, including but not limited to loss or damage resulting from failure of electronic or mechanical equipment
or communications lines, the Internet, telephone or other inter-connect
problems, power failure or third party system failure. |
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Information
in this web site does not constitute a solicitation or offer
to sell our products or services and our subsidiaries and affiliates or mutual funds normally distributed
by them, or the securities or financial instruments of any issuer.
We do not guarantee investment results and are not liable for any loss or missed investment opportunities
resulting from any investment decision made by you. |
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Links
in this web site to other web sites or references to products,
services or publications other than ours or those of our subsidiaries and affiliates
should not be construed as an endorsement, recommendation or approval of such web sites,
products, services or publications by us or our subsidiaries and affiliates, rather are solely those of
the third party and not of us or our affiliates. |
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Information
from the Electronic Services is intended for use only in Canadian
jurisdictions where such services or products may lawfully be
offered for use and/or for sale and neither use or sale is intended
where prohibited by law. Canadian laws exclusively apply to
this web site and to the use of this web site, notwithstanding
domicile, residence or physical location of any user. THE ELECTRONIC
SERVICES ARE NOT AVAILABLE TO U.S. RESIDENTS. |
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Market
Volatility - Online Trading Customers Only |
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In
times of market volatility and high trading volumes, both at
market opening and during the trading day, and including situations
of high volume trading of so-called "hot stocks",you may experience delays
in the execution of their orders which may expose you to the risk of trade execution at
a market price that is significantly different from the market
price at the time the order was placed. Once an order is placed,
it may be difficult or impossible to cancel. In these circumstances,
we and our affiliates bear no responsibility to you for any discrepancy between the
market price at the time of order placement and of trade execution. To minimize
the risk, you should consider placing limit orders in lieu of market orders, limiting
the price at which your order will be filled. Limit orders will be executed only at a specified
price or better, rather than at the earliest opportunity without
regard to price at the time of execution in the case of market
orders. While the market may be such that your limit order
does not get filled at all, this outcome may be more desirable
than the risk of a fill at an undesirable price. |
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General |
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This
web site is not a secure medium for e-mail communications. Any
confidential, proprietary or sensitive information transmitted
by means of this web site through e-mail may be read and/or
copied by unauthorized persons. |
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You are responsible, at your own expense, to obtain and maintain
all necessary equipment, software and communication links
as required in order to access the Electronic Services.
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When
using this web site, it is your responsibility to take reasonable
precautions to scan for computer viruses and other items of
a destructive nature. You should ensure to have a complete
and current backup of the information on your computer system
prior to using this web site. |
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You
may not assign your rights under this Agreement without the prior
written permission of the Service Provider. This Agreement shall
be governed by the laws in force in the Province of Ontario
(without reference to its conflicts of laws rules). |
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If
the account subject to this Agreement is held as a joint account
by more than one person,your liabilities and obligations
hereunder shall be joint and several, other than in
the Province of Québec, and shall be carried out in accordance
with the provisions of the applicable forms signed by you
at the time the joint account was activated. |
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You
acknowledges that you are also subject to all other agreements
entered into with the Service Provider and its affiliates. |
* Indicates a Service Mark
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