Cardholder Agreement...- 1 - ScotiaCard ®Cardholder Agreement This ScotiaCard Cardholder Agreement sets out theterms that apply to your ScotiaCard banking card. It replaces all previous

ScotiaCard®

CardholderAgreement

–––––––– Cardholder Agreement ––––––––

Record your ScotiaCard number above for easy reference in the event that it is lost or stolen.

3601617 Cardholder Agreement EN_09-19.qxp 2019-08-22 9:33 PM Page 1


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ScotiaCard® Cardholder Agreement

This ScotiaCard Cardholder Agreement sets out theterms that apply to your ScotiaCard banking card. Itreplaces all previous versions of the ScotiaCardCardholder Agreement and it applies if we send orprovide you with a replacement or reissue you aScotiaCard banking card.When you receive the ScotiaCard, select a PIN for theScotiaCard, sign the reverse of the ScotiaCard, activate oruse the ScotiaCard, that means you have received andread this Agreement and that you agree with, and arebound by, its terms.Definitions You Need to KnowABM(s)means designated automated bankingmachine(s).Accountmeans a deposit account, credit card account,investment or brokerage or loan account you have with usthat can be accessed using your ScotiaCard.Agreementmeans this ScotiaCard CardholderAgreement as amended, modified or replaced from timeto time.Automated Banking Servicesmeans the services you useand receive through the following channels where you canaccess your designated Accounts by using yourScotiaCard:• ABMs;• Direct Payment Terminals;• Mobile Banking;• Online Banking;• Telephone Banking;• Card Not Present Transaction channels;• Any other automated banking channel we may offerfrom time to time.

Bill Payment Company refers to a business, company,utility company or other party that has an arrangementwith Scotiabank to be a payee of bill payments throughthe service for which you have been registered byScotiabank for branch or Automated Banking Services billpayment access.Business Day refers to regular weekdays only andexcludes Saturdays, Sundays or statutory federal holidays.Cardholdermeans the person to whom a ScotiaCard hasbeen issued by the Bank.Card Not Present Transactionmeans an online order,mail order or telephone order transaction (includingpayments and other funds transfers such as refunds)using the ScotiaCard and whereby you provide theScotiaCard, ScotiaCard expiry date and/or CVV2 to theauthorized merchant.


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CVV2 means the three-digit security code on the back ofthe Card, where applicable.Delayed Authorization Point-of-Service Debit (DelayedAuthorization POS) means a transaction made usingyour ScotiaCard at a delayed authorization point of saleterminal which results in a debit being processed to youraccount at a later time.Direct Payment refers to payments (or other fundstransfers, such as refunds) made with your ScotiaCardusing Interac† Debit, Visa* Debit, NYCE, Interac† Flash orany other system we may designate from time to time topay for goods or services by using your ScotiaCard at aDirect Payment Terminal.Direct Payment Terminal means a point of sale terminalat which Direct Payments can be completed using yourScotiaCard. Electronic Signature refers to each secret and confidentialcombination of numbers and/or letters selected by you,for your use, as a means of confirming your identity andauthorizing transactions performed, and servicesaccessed, by using your ScotiaCard. Your ElectronicSignature includes, but is not limited to, your PIN and/orany other security codes such as access codes, passwordsor passcodes which allow for your access to theAutomated Banking Services. Reference to “ElectronicSignature” throughout this Agreement refers to allElectronic Signatures that you have.Inactive Accountsmeans those deposit Accountshaving no customer-initiated transactions for 24consecutive months.Interac Flash Transactionmeans payments or otherfunds transfers (including refunds) made at a DirectPayment Terminal using an Interac Flash-enabledScotiaCard without using an Electronic Signature.Mobile Banking††† means the Scotiabank mobile bankingapplication downloaded to your Mobile Device orwww.scotiabank.com through the Internet browser on yourMobile Device. Mobile Devicemeans an internet-enabled smart phone orany other wireless handheld computing device that weallow you to use to access Automated Banking Services.Online Bankingmeans the Scotiabank services that canbe accessed by your personal computer (and modem)through the Internet at Scotia OnLine(www.scotiabank.com).PIN means the secret and confidential personalidentification number you have selected for yourScotiaCard.ScotiaCardmeans the ScotiaCard banking card, andany replacement ScotiaCard banking card, that we haveissued to you and that has a unique card number that is:


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(i) associated with an Account(s);(ii) used with or without, as applicable, your Electronic

Signature or Written Signature to access AutomatedBanking Services.

ScotiaCard also means the unique card number itself.Telephone Bankingmeans TeleScotia® automatedtelephone banking, the automated brokerage telephoneservice or any other telephone banking services thatmay be offered by Scotiabank from time to time.Written Signaturemeans the written signature that youprovide to authenticate yourself, and confirm receipt of, atransaction record for certain types of Direct Paymentsmade using the Visa* Debit functionality on yourScotiaCard, where applicable. We, our, us, Scotiabank and the Bankmeans The Bank ofNova Scotia and, as applicable, any of our Canadiansubsidiaries, including but not limited to Scotia SecuritiesInc. and Scotia Capital Inc.You and yourmean the person to whom we have issueda ScotiaCard.Visa Debit refers to the payment feature on selectedScotiaCards that allows you to shop online andinternationally and pay directly from your bank account.Security of Your ScotiaCard and Electronic SignatureProtecting the security of your ScotiaCard and yourElectronic Signature is important. You are responsible formaintaining their confidentiality and safekeeping. Thisincludes:• keeping the ScotiaCard in your possession;• keeping the ScotiaCard in a safe place and not lettinganyone else use it;

• keeping the ScotiaCard in your sight, and taking theScotiaCard and transaction record (when applicable),once a transaction at a Direct Payment Terminal orABM is complete;

• keeping your Electronic Signature confidential andmemorizing it or, if you must write it down, keep itseparate from your ScotiaCard at all times such that theycannot be used together;

• selecting an Electronic Signature that , in our view cannotbe easily guessed;

• not using an Electronic Signature that is a combinationselected from your name, date of birth, telephonenumber(s), bank account number(s), address or socialinsurance number;

• taking all reasonable precautions to ensure that noone else sees or learns of your Electronic Signaturewhen using the Automated Banking Services;

• always signing out or logging out of an Online Banking orMobile Banking session using the applicable sign out orlog out function;


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• not leaving your computer or Mobile Deviceunattended while signed in to Online Banking orMobile Banking;

• not voluntarily disclosing your Electronic Signature toanyone else at any time, including any family member,friend, law enforcement agency, or financial institutionemployee;

• not consenting to or allowing someone else to forgeyour Written Signature;

• not storing your Electronic Signatures on yourcomputer or Mobile Device; and

• not using third party password generators.You may use your ScotiaCard, PIN or Online Bankingcredentials to identify yourself to a third party, such as agovernment office, where this method is authorized by usand where this ability is available.You must ensure that you regularly update your passbookand check your Account statements and balances to verifyall transactions have been properly recorded. If entries donot accurately reflect your transaction activities, such asmissing or additional transactions you must contact usimmediately by visiting the nearest Scotiabank branch orthrough Telephone Banking.A Lost, Stolen or Compromised ScotiaCard or ElectronicSignatureYou will notify us immediately if:• your ScotiaCard is, or you suspect that it is, lost orstolen;

• someone else has, or you suspect that someone elsehas, used your ScotiaCard, Electronic Signature orforged your Written Signature;

• your ScotiaCard or Electronic Signature has, or yoususpect that it has, become known to someone elseor has otherwise been compromised.

You may notify us by visiting the nearest Scotiabankbranch or by contacting us at the telephone numbersshown at the end of this Agreement.In addition to notifying us, you should change yourElectronic Signature. For example your PIN may bechanged at the nearest Scotiabank branch or at ourScotiabank ABMs that allow you to make a PIN change.Online Banking and Mobile Banking passwords orpasscodes can be changed by using the applicable resetpassword or reset passcode function. Expiry DateYour ScotiaCard has an expiry date. A new ScotiaCardwill be re-issued to you before the expiration date on theScotiaCard. You agree not to use your ScotiaCard afterits expiry date.


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Automated Banking ServicesOnce your ScotiaCard is activated, you can access theAutomated Banking Services by using your ScotiaCard andyour Electronic Signature, or Written Signature whereapplicable. You may also use your ScotiaCardwithout theElectronic Signature or Written Signature for Interac FlashTransactions and Card Not Present Transactions atparticipating merchants. You will have the same rights andresponsibilities for transactions that do not require anElectronic Signature or Written Signature as you would havehad using your ScotiaCard and Electronic Signature orWritten Signature.In addition to the various other Automated BankingServices you will have access to by using your ScotiaCard,you will be able to obtain cash advances at designatedABMs from your Scotiabank Visa* card, your ScotiaLine® forbusiness Visa* card, your Scotiabank American Expresscard, your ScotiaLine® personal line of credit and yourScotiaLine® personal line of credit for students accounts if: • Automated Banking Services access via your

ScotiaCard to these designated Accounts has beenpre-arranged;

• your Accounts are in good standing, and• your Account credit limit will not be exceeded by doingso.

You can also use your ScotiaCard to access your designatedinvestment Accounts (including your GICs and your Accountswith Scotia Securities Inc.) and brokerage Accounts withScotiaMcLeod®, HollisWealth™ and Scotia iTRADE®u throughthe Automated Banking Services.You authorize Scotiabank to accept your instructionsgiven through the Automated Banking Services as if youhad given the instructions to us signed and in writing.For certain purposes, when dealing with your investmentAccounts, we may restrict access to some of your otherAccount options.Branch Access to Accounts You can access your designated Accounts by presentingyour ScotiaCard together with your Electronic Signature,your passbook, your personalized Scotiabank cheque, orsuch other identification as we reasonably require, at anyScotiabank branch within Canada. If you do not have aScotiaCard, you will need sufficient identification to enablethe branch to verify your identity and your home branchmay need to be contacted to facilitate the transaction.Inactive Accounts Inactive Accounts cannot be accessed through anyAutomated Banking Service(s). You will need to visit abranch to reactivate your access to Inactive Accounts.


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Transaction Charges & FeesYou agree to pay and we may deduct, without notice,from any of your Accounts (even if this creates orincreases an overdraft) the following:• a transaction charge at the prevailing rate (as determinedby us from time to time) for each transaction for whichyour ScotiaCard has been used through the AutomatedBanking Services. A notice of the charges and fees isprovided in the Day to Day Banking Companion Bookletand, for business Accounts, in the document called “YourGuide to Fees and Interest Schedules” provided with theBusiness Banking Services Agreement;

• the transaction charges or service fees imposed byother financial institutions (inside or outside Canada)for each transaction conducted through their ABMs orDirect Payment Terminals in which your ScotiaCard hasbeen used. You should contact other financialinstitutions for information on their transaction fees orservice fees they charge for using their ABMs.

Transaction LimitsWe may establish and change limits, dollar or otherwise,from time to time, that apply to your use of theScotiaCard and on the various transactions which may beavailable through the services, without prior notice to you.Cumulative limits currently in effect are:• Limits for ABM cash withdrawals or cash disbursementsfrom your bank Accounts and advances from yourcredit card Accounts, by using your ScotiaCard are asindicated on your ScotiaCard Banking AccessEnrollment/Maintenance Form;

• Direct Payment limits and the Cashback limit are asindicated on your ScotiaCard Banking AccessEnrollment/Maintenance Form

• ABM Deposit Limits• $99,999 per transaction

• ABM transfer and ABM bill payment limits• $100,000 and $49,999 per day respectively

• Online Banking, Mobile Banking, TeleScotia TelephoneBanking transfers• $100,000 limit for transactions between Accounts inthe same currency

• $10,000 CAD daily limit for cross-currency transfers • Online Banking, Mobile Banking, TeleScotia TelephoneBanking bill payments• $49,999 per transaction

• Interac Flash• up to $100 per transaction at authorized merchants

• Electronic Transfer Limit • as indicated on your ScotiaCard Banking Access


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Enrollment/ Maintenance Form• Online Purchase Limit (includes Card Not PresentTransactions, Visa Debit online transactions andInterac Online transactions)• as indicated on your ScotiaCard Banking AccessEnrollment/Maintenance Form

All fees and limits for Western Union money transfers orforeign currency transfers can change from time to timeand can be viewed at Online Banking.Transaction Records/Confirmation NumbersAt the completion of each Automated Banking Servicesand branch transaction, you will be given a transactionrecord, unless otherwise requested, or you will beprovided with a reference number. If your ScotiaCard isused for a Direct Payment or Card Not PresentTransaction, we may arrange for a third party, such as amerchant, to give you the transaction record. For someDirect Payment transactions you will need to provideyour Written Signature on the transaction record. Youruse of your ScotiaCard and Electronic Signature aresubject to our verification and acceptance.You agree that cheques or any other form of debit vouchertransaction performed through any Automated BankingServices, at any Scotiabank branch other than at thebranch where you maintain your Account(s), will not bereturned to you, but rather a description of the transactiononly (e.g. cheque, debit voucher or debit memo) will bereflected in your monthly statement or passbook.Interac Flash - DescriptionInterac Flash is a feature available on your ScotiaCard thatenables Cardholders to use the ScotiaCard to pay forsmall purchases, up to $100 at select merchants, byholding your ScotiaCard over a Direct Payment Terminalthat supports Interac Flash. You do not have to insert yourScotiaCard or enter a PIN. Note: If your ScotiaCardwas issued before March 2013,your maximum purchase limit is $50 at most merchantsand $100 at gas stations. Should you exceed the maximumamount at any merchant, you will be prompted for your PINin order to complete the transaction. Interac FlashTransactions are only for the payment of goods andservices – “cashback” transactions are not permitted.Interac Flash - Enabling and Opting OutWhen you are first issued a ScotiaCard with InteracFlashenabled, this feature will be activated the first time youconduct a successful PIN transaction at a Direct PaymentTerminal, at an ABM or a branch.You must have a pre-selected chequing Account linked toyour ScotiaCard for Interac† Flash to be enabled. YourInterac Flash settings will be automatically transferred toyour replacement card.


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You can have Interac Flash disabled on yourScotiaCard by contacting the Scotiabank Call Centreat 1-800-4SCOTIA or by visiting your nearest branch.If you request to have the feature disabled, anyreplacement ScotiaCards issued after the request willalso have the Interac Flash feature disabled.You may request to have the Interac Flash featureenabled at any time through the same contact methods.There is no charge to have the Interac Flash featureadded to, disabled or enabled on your ScotiaCard.Visa DebitFor ScotiaCard debit cards that have Visa Debitfunctionality, Visa Debit transactions will be processedthrough the pre-selected chequing Account linked toyour ScotiaCard.Liability1. Your Liability Reference to the ScotiaCardbelow also includes use of theScotiaCardwith Electronic Signature or Written Signature, asapplicable.a) You are responsible for all debts, withdrawals, deposits,transactions, advances, other Account activity and lossesresulting from: • all authorized transactions which meanstransactions in which the ScotiaCard was used byyou or by persons to whom you have made yourScotiaCard available or who received possession ofyour ScotiaCard with your consent;

• all authorized transactions made using yourScotiaCard at a delayed authorization point of saleterminal which results in a debit being processed toyour account at later time.

• any error or fraudulent use of the ScotiaCard byyou, or authorized by you, including any errors orfraudulent or worthless deposit or other transactionusing the Automated Banking Services;

• failing to comply with your obligations to protectyour ScotiaCard and Electronic Signature asdescribed in the section above entitled “Security ofYour ScotiaCard and Electronic Signature” or if youdid not otherwise take reasonable steps that couldhave prevented the loss;

• failing to notify us immediately if you become awarethat your ScotiaCard or Electronic Signature hasbeen lost, stolen or compromised (as described insection entitled “Lost, Stolen or CompromisedScotiaCard or Electronic Signature” above);

• any other unauthorized use of the ScotiaCard towhich you have contributed and is not otherwiseexempted under a provision of this Agreement; and


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• any other failure by you to comply with the terms ofthis Agreement.

b)You are not liable for losses resulting from:• technical problems and other system malfunctions;• errors, fraud or negligence caused by us;• unauthorized transactions after the ScotiaCard hasbeen reported to us as lost, stolen or compromised;

• unauthorized transactions after the ScotiaCard iscancelled or expired;

• unauthorized transactions, where you haveunintentionally contributed to such use, providedthat you notify us immediately upon becoming awareof the transaction and fully co-operate in anysubsequent investigation (the word “unintentionally”in this clause excludes any non-compliance with yourobligations under the “Security of Your ScotiaCardand Electronic Signature” section of this Agreement);and

• transactions using your ScotiaCard where it can beshown that you have been the victim of fraud, theft,trickery, force or intimidation provided that younotify us promptly of the incident, fully cooperate inany subsequent investigation and provided that youhave not contributed to the loss.

c) Your liability will not exceed the established transactionlimits (including daily and weekly limits) for theapplicable Automated Banking Services, however yourliability may exceed the actual or available funds in anAccount. This may occur, for example, if an Account hasa line of credit or overdraft protection or is linked withanother Account or multiple other Accounts (forexample another banking Account or a credit Account).

d)Where you are liable for the transactions on yourAccount(s) pursuant to the terms and conditionsdescribed in this “Your Liability” section, youunderstand that this liability is in addition to any liabilityfor those transactions that you have under any creditagreements (including the Revolving Credit Agreement)and other banking agreements that apply to yourAccounts.

2. Our LiabilityWE ARE NOT LIABLE TO YOU FOR ANY DELAY, LOSS,DAMAGE OR EXPENSE THAT YOU INCUR OR ANYINCONVENIENCE WHICH RESULTS FROM OURPROVIDING OR FAILING TO PROVIDE ANY SERVICE,EXCEPT WHERE SUCH LOSSES RESULT FROM:• WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BYTHE BANK;

• ERRORS, TECHNICAL PROBLEMS OR SYSTEMMALFUNCTIONS FOR WHICH THE BANK IS SOLELYRESPONSIBLE.


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ALSO, WE ARE NOT RESPONSIBLE FOR YOUR ACTS OROMISSIONS OR THOSE OF ANY THIRD PARTY.FURTHERMORE, THE BANK SHALL IN NO WAY BE LIABLEFOR ANY ACCIDENT, ACT OF AGGRESSION, THEFT, LOSSOR DAMAGE YOU MAY SUFFER WHILE USINGAUTOMATED BANKING SERVICES OR OTHER SERVICES,WHETHER YOU ARE ON BANK OR OTHER PREMISES.TO THE EXTENT THAT WE MAY BE LIABLE TO YOU, WEWILL ONLY BE LIABLE FOR DIRECT DAMAGES. TO THEEXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WEBE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL,INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESWHATSOEVER, INCLUDING, BUT NOT LIMITED TO,DAMAGES FOR LOST PROFITS, LOST OR DAMAGED ORCORRUPTED DATA, BUSINESS INTERRUPTION OR ANYOTHER COMMERCIAL DAMAGES OR LOSSES ARISINGOUT OF OR RELATED TO YOUR USE OF ANY SERVICE,HOWEVER CAUSED AND REGARDLESS OF THE BASIS OFTHE CAUSE OF ACTION INCLUDING, BUT NOT LIMITEDTO, CONTRACT OR TORT (INCLUDING NEGLIGENCE,STATUTE OR ANY OTHER CAUSE OF ACTION) AND EVENIF YOU HAVE BEEN PREVIOUSLY ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. OUR LIABILITY IS SUBJECT TO THE LIMITATIONS SETFORTH IN THIS SECTION AND IN ANY OTHER SECTIONOF THIS AGREEMENT.We are not liable to you if an ABM or if a store, retailer ormerchant does not accept your ScotiaCard at any time or ifyou cannot use your ScotiaCard or your ElectronicSignature at any time or for any reason, including if wecancel or temporarily deactivate your ScotiaCard or declineto authorize a transaction because we have detectedactivity in your Account or the use of the ScotiaCard thatwe consider to be unusual.No WarrantiesNeither the Bank, nor any access service provider nor anyother information technology service provider, makes anyexpress or implied warranties concerning the AutomatedBanking Services including, but not limited to, anywarranties of merchantability, fitness for a particularpurpose or non-infringement of any third party proprietaryrights unless disclaiming such warranties is prohibited bylaw.Accepting Our RecordsOur records as to whether an Automated BankingServices or branch transaction has been performed, andour determination of the details of that transaction, willbe considered correct and binding on you, unless youprovide us with evidence to the contrary within 30 daysof the date of a disputed transaction.


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Posting of Transactions, Cancelling Transactions andUpdating Bill Payment InformationAny Automated Banking Services transaction (excludingautomated bill payments) conducted in Canada before12:00 a.m. (midnight) local time Monday through Saturdaywill normally be posted to your applicable Account as ofthe date of the transaction, unless that day is a holiday.Transactions conducted on Sundays or holidays willnormally be posted to the applicable Account as of thenext Business Day.Any transaction conducted on a Saturday involving aScotiabank chequing account or a current or businessaccount will normally be posted to the designatedAccount as of the next Business Day.Transactions conducted outside Canada may be postedto your designated Account at a later date. For transactions conducted using Visa Debit,transactions are posted to and funds debited from yourAccount on the date the transaction is authorized by us.If there is a difference between the original authorizedamount and the final settled amount of the transaction,your Account may be credited with the originalauthorized amount and subsequently debited for thefinal settled amount of the transaction.Any automated bill payment request made on or before8:30 p.m. Eastern Standard Time, Monday through Fridaywill be posted to your designated Account on the day of thetransaction. An automated bill payment made after 8:30p.m. Eastern Standard Time, Monday through Friday oranytime on Saturday, Sunday or a holiday, will be posted toyour designated Account on the next Business Day.Any automated bill payment request will be deemed tohave been received by us on the date the transaction isposted to the designated Account.We are not responsible for the processing of or any of theposting procedures or practices of your designated BillPayment Companies and we are not responsible if theycharge you late fees or interest penalties. When you make abill payment at one of our ABMs, branches, through theAutomated Banking Services, you are responsible forensuring that the Bill Payment Company (including accountnumbers and payee names) required by us to complete yourpayment instructions to that Bill Payment Company isaccurate at all times. We may, without notice to you, updateyour bill payment profile information if we are advised of achange by the Bill Payment Company.The debit to your Account for post-dated bill paymentsand fund transfers are processed at 6:00 p.m. EasternStandard Time on the date to which your payment ispost-dated.


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Transactions involving Accounts with insufficient clearedfunds at the time of processing may be rejected.You acknowledge that once you have confirmed the detailsof a payment or transfer, you may not revoke or stop thepayment or the transfer unless it is a post-dated paymentor transfer you have set up in Online Banking, MobileBanking or TeleScotia Telephone Banking. Such postdatedpayments and transfers can be cancelled directly throughOnline Banking until 6 p.m. Eastern Standard Time on theday they are scheduled to take place. You can also requestcancellation of a postdated payment or transfer byspeaking directly with one of our Customer Servicerepresentatives at the latest one (1) Business Day before thescheduled payment or transfer date.You are responsible for notifying us of any changes tobilling Account information.Where a store, retailer or merchant becomes liable tomake any refund to you, we will credit the designatedAccount with the refunded amount only upon ourreceipt of a properly issued credit voucher or otherappropriate verification or authorization of the refundfrom the store, retailer or merchant.We may at our discretion and without prior notice,refuse a request for authorization of any ScotiaCardtransaction, and may notify third parties of such refusalas we think necessary. In exercising such discretion, wemay take into account in calculating the funds available,any funds which we may decide have been credited ordebited to an Account.We may place a hold on branch or ABM deposits pendingverification.Processing Foreign Currency Direct Payments, Card NotPresent Transactions, Withdrawals and AdvancesYou can use your ScotiaCard to access your bankAccounts for the following foreign currency transactionsfrom these Accounts:• Direct Payments at designated Direct PaymentTerminals that are outside of Canada;

• Card Not Present Transactions (ScotiaCards with VisaDebit functionality) through authorized merchantsthat are located outside of Canada; and

• Cash withdrawals from designated ABMs that areoutside of Canada.

You can use your ScotiaCard to access your ScotiabankVisa card Accounts, ScotiaLine access card andScotiabank American Express card Accounts for thefollowing foreign currency transactions on thoseAccounts:• Cash advances, other than from Scotiabank® U.S.Dollar Visa card Accounts, from designated ABMs thatare outside of Canada; and


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• Cash advances from designated ABMs within Canada inCanadian dollars from your ScotiabankU.S. Dollar Visacard Account.

For foreign currency transactions, other than cashadvances from designated ABMs within Canada inCanadian dollars from your Scotiabank U.S. Dollar Visa cardAccount, a converted Canadian dollar amount will bededucted from your applicable Account based on anexchange rate set by the applicable payment network anddetermined on the transaction settlement date. For cashadvances from designated ABMs within Canada inCanadian dollars from your Scotiabank U.S. Dollar Visa cardAccount, a converted U.S. dollar amount will be deductedfrom your applicable Account based on an exchange rateset by the applicable payment network and determined onthe transaction settlement date. The exchange rate at thetime of settlement may be different from the exchange ratein effect on the transaction date. Payment networks includeVisa International, Visa Inc., Interac Corp., or other paymentnetworks as appropriate. Foreign currency transactions aresubject to the following foreign currency transaction fees:• Foreign currency transactions on your bank Accountsusing your ScotiaCard, including Visa Debittransactions, are subject to a fee that is disclosed in the“Self-Service Banking” section of the Day-to-DayBanking Companion Booklet and, for business Accounts,in the document called “Your Guide to Fees and InterestSchedules” provided with the Business Banking ServicesAgreement; Updated Day-to-Day Banking CompanionBooklet can be found on www.scotiabank.com.

• Foreign currency transactions on your Scotiabank Visacard Accounts, or Scotiabank American Express cardAccounts, by using your ScotiaCardwill be subject to theforeign currency transaction provisions of the RevolvingCredit Agreement.

If you use your ScotiaCard for a transaction in a foreigncurrency and the store, retailer or merchant gives you acredit voucher (for example in the case of a refund), thetwo transactions (the purchase and the refund) may notbalance exactly because of exchange rate and currencyfluctuations between the date of the purchase and thedate of the credit (or refund).We will not assume any risks associated with foreigncurrency exchange gains or losses from cross-currencyconversions resulting from the use of your ScotiaCard.Any gains made or losses incurred by you in connectionwith foreign currency transactions because of currencyrate fluctuations between the date the transaction isposted and the date any subsequent credit is posted tothe designated Account are your responsibility and shallbe payable to you or by you (as the case may be).


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Changing Designated AccountsWe may designate one or more of your Accounts for theFastCash™ or other services available through ourAutomated Banking Services. You can cancel or changea designation at any time by letting us know throughTeleScotia Telephone Banking or by visiting the nearestScotiabank Branch.Changing or Cancelling Banking ServicesWe may at any time, without notice, withdraw any ABMs orDirect Payment Terminals from use, cancel or vary thewhole or any part of the services we offer you through theuse of the ScotiaCard.No Automated Banking Services transactions will beprocessed after cancellation of the Automated BankingService.Adding or Changing the Terms of this AgreementYou acknowledge that we can add, change or replacethe terms and conditions of this Agreement from timeto time. Notice of additional, amended or replacedterms and conditions may be given to you in any of thefollowing ways:• a notice addressed to you at your last address in ourrecords;

• a notice prominently displayed at all ScotiabankABMs;

• a notice on the Scotiabank website;• a notice in a readily accessible place in our branches;• a notice in your monthly statement;• an electronic notice or message sent to theCommunications Centre of Online Banking or MobileBanking; or

• such other methods as we may permit.Your continued use of the Account, the AutomatedBanking Services or any other service with us,acknowledges that you agree to and accept the newterms and conditions of the ScotiaCard CardholderAgreement and all agreements related to the Account orservice as amended, modified or replaced.Scotiabank has the right to send you a new ScotiaCardwith new features without prior notice.Resolving DisputesWe are not responsible for any failure to supply, or lack ofsuitability of quality of, any goods or services purchasedfrom Bill Payment Companies, merchants or others throughthe Automated Banking Services. All disputes between youand a Bill Payment Company, merchant or others, includingyour rights to compensation or any offset rights (set-off),shall be settled directly by you with the Bill PaymentCompany. We do not verify, nor are we required to verify,that any purpose for which the payment is made has been


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fulfilled by the Bill Payment Company as a condition ofhonouring your payment request on your Account.For all unauthorized claims, we will investigate thetransaction and a determination regarding whether anyreimbursement will be made based upon theinvestigation. We will respond to the Cardholder’s reportof an unauthorized ScotiaCard transaction within 10Business Days. We may require a signed statementduring the course of the investigation. Or, whereappropriate, we may require a signed affidavit from theCardholder, which may result in a temporary suspensionof the 10 day limit, until the requested information isreceived.No funds, or only partial funds will be reimbursed if ourinvestigation determines that on the balance ofprobabilities, the Cardholder contributed to theunauthorized use of their ScotiaCard. If we cannot settlethe complaint in your favour, you will be informed of thereasons for Scotiabank’s position in the matter.If a problem with a ScotiaCard transaction is notresolved to your satisfaction or you have not received aresponse to a claim of an unauthorized ScotiaCardtransaction within the time period, please refer to theComplaint Resolution section of the Day-to-DayBanking Companion Booklet.Other Agreements, Fees and ChargesYou acknowledge that, in addition to all fees, charges, termsand conditions set forth in this Agreement, your Accountsare also subject to all fees, charges, terms and conditionsset forth in any other agreements and documentationapplicable to your Accounts and/or your use of servicesprovided by us. Examples of such agreements anddocumentation include the Revolving Credit Agreement(for credit Accounts), the Personal Credit AgreementCompanion Booklet (for credit, loan and mortgageAccounts), the Day-to-Day Banking Companion Booklet(for personal banking Accounts), the Business BankingServices Agreement (for business banking Accounts), theInvestment Companion Booklet (for investment Accounts),the Digital Access Agreement, the Scotiabank PrivacyAgreement and any other agreements, documentation orterms and conditions that apply to your Accounts and/oryour use of the services provided by us.If there is a conflict between this Agreement and such otheragreements, documentation or terms and conditions, thisAgreement will prevail as it relates to the use of yourScotiaCard and the services contemplated in thisAgreement.


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In QuebecThe party(ies) to this Agreement has/have requestedthat this document be drawn up in English. Les partiesont demandé que ce contrat soit rédigé uniquement enanglais.Customer ServiceFor any question or concern (including regarding a lost,stolen or compromised ScotiaCard; inquiring about fees,rates or services) please visit the Scotiabank branchnearest to you or call the numbers below:Service in English 1-800-4SCOTIA

(1-800-472-6842)Toronto 416-701-7200Service en français 1-800-575-2424Région de Toronto 416-701-7222TTY/TDD Service Only 1-800-645-0288For more information about Automated BankingServices, fees or rates you can also visit us online atwww.scotiabank.com.Your ScotiaCard provides access to Automated BankingServices, wherever you see these symbols:

Scotiabank voluntarily adheres to the Canadian Code ofPractice for Consumer Debit Card Services. Forinformation about the Code visit www.cba.ca

**†† **



® Registered trademarks of The Bank of Nova Scotia.

™ Trademarks of The Bank of Nova Scotia.

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

‡ Registered Trademark of SCENE IP LP, used under license.

* Trademark of Visa International Service Association and used under license.®� American Express is a registered trademark of American Express. This credit card program is

issued and administered by The Bank of Nova Scotia under license from American Express.

** Interlink is a registered trademark of Visa International Service Association used under license.††† Mobile banking capability requires an Internet-enabled mobile device. Your wireless carrier’s

standard text messaging and data charges apply, as defined by your service plan with yourcarrier.

♦ Scotia McLeod, Holliswealth and Scotia iTrade® (Order-Execution Only Accounts) are divisions ofScotia Capital Inc. ("SCI"). SCI is a member of the Investment Industry Regulatory Organization ofCanada and the Canadian Investor Protection Fund.

10062257GD (09/19)


Documents

Cardholder Agreement...- 1 - ScotiaCard ®Cardholder Agreement This ScotiaCard Cardholder Agreement sets out theterms that apply to your ScotiaCard banking card. It replaces all previous