SCOTIABANK MASTERPASS WALLET – TERMS AND CONDITIONS

We have updated our Terms and Conditions for Scotiabank Masterpass effective as of December 13, 2017. By signing in and continuing to use Scotiabank Masterpass you acknowledge you have read and agree to those updated Terms and Conditions. Click here to review the updated Terms and Conditions. Remember to always check the Scotiabank Masterpass page for any future updates to the Scotiabank Masterpass Terms and Conditions.

PLEASE REVIEW THESE SCOTIABANK MASTERPASS WALLET TERMS AND CONDITIONS, SCOTIABANK PRIVACY AGREEMENT , MOBILE SECURITY GUARANTEE & SAFE MOBILE PRACTICES , AND SAFE COMPUTING PRACTICES, (TOGETHER, REFERRED TO AS THE “TERMS AND CONDITIONS FOR SCOTIABANK MASTERPASS” OR ). BY SELECTING “SIGN IN” AND REGISTERING FOR THE SCOTIABANK MASTERPASS WALLET OR USING THE SCOTIABANK MASTERPASS WALLET YOU AGREE THAT YOU READ AND AGREE TO THE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THE ABOVE YOU CANNOT REGISTER OR USE SCOTIABANK MASTERPASS WALLET OR THE SERVICES.

THE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND THE BANK OF NOVA SCOTIA (also referred to as “Scotiabank”, “we”, “us” or “our”).

The Terms and Conditions apply to your use of the Scotiabank Masterpass Wallet that includes all related functionality and services including online applications that enable you to make a payment online through your Account using your Card and related features or services

Key Terms and Conditions:

Below is the Scotiabank Masterpass Wallet Agreement. Remember you must still review the complete Terms and Conditions for Scotiabank Masterpass carefully.

1. Description of the Scotiabank Masterpass Wallet: The “Scotiabank Masterpass Wallet” is a web application digital wallet service provided by Scotiabank. The Scotiabank Masterpass Wallet electronically stores account data about your Accounts and Cards that are enrolled in the Scotiabank Masterpass Wallet and billing and shipping information in one convenient place. The Scotiabank MasterPass Wallet then transmits that information, at your request, to participating merchants that display the “Masterpass” checkout button (the “ Masterpass Checkout Button”) on the website, mobile site and including through a merchant’s mobile browser and in-app device, at certain participating merchants who accept payments through the Scotiabank MasterPass Wallet (each, a “ Merchant”). Currently the Scotiabank Masterpass Wallet does not include a mobile device application or smart device application or in person contactless payment terminal.

2. Payment or Other Information: To register for a Scotiabank Masterpass Wallet you must provide Scotiabank with and/or verify the information on the Scotiabank Masterpass Wallet registration pages. Information that you will have to provide and/or verify to Scotiabank for the Scotiabank Masterpass Wallet includes (where applicable):

  • a. Your name, billing address and shipping address (if different)
  • b. a valid email address
  • c. a mobile phone number
  • d. sign-in message
  • e. password or other access codes or numbers (including potentially a personal identification number (PIN))
  • f. card verification value (CVV) of your Card.

You may then store payment information (Card number and expiration date), billing information and other information for your Card(s) (as indicated on the registration pages), and your preferred shipping information.

When you make a payment to a Merchant through the Scotiabank Masterpass Wallet, the following information stored in your Scotiabank Masterpass Wallet will be shared with the Merchant (the “Shared Payment Information”):

  • a. Your full name
  • b. Your billing address and shipping address, if different
  • c. Your Card number
  • d. Your Card expiry date
  • e. the valid email address you provided to us
  • f. the mobile phone number you provided to us

Please note that the above Shared Payment Information when transmitted to a Merchant at your request to make a payment through the Scotiabank Masterpass Wallet (as described in Section 3 below) will be subject to the privacy policies and terms of that Merchant. You should review your Merchant’s privacy policies and terms carefully.

All of the information above, including the Shared Payment Information, is together referred to as your “ Payment and Other Information.

3. Transmitting Shared Payment Information to Merchants: When you click the “Finish Shopping” (or similar) button on the Scotiabank Masterpass Wallet, your Shared Payment Information will be transmitted to the Merchant. After the Merchant receives the Shared Payment Information, it will submit the transaction for processing on the Account associated with the Card you selected for the transaction.

4. Identifying You: Using your Scotiabank digital banking credentials, we will identify for you the Cards that are available for your use through the Scotiabank Masterpass Wallet and will store your Payment and Other Information on the Scotiabank Masterpass Wallet. If you notice an error in the Cards identified for you or in the Payment and Other Information, contact Scotiabank directly. By using Scotiabank Masterpass Wallet, you represent and warrant that you are: (i) of the age of majority in your province or territory of residence; (ii) capable of entering into a legally binding agreement, and (iii) a legal or permanent resident of Canada.

5. Switch by Mastercard: Mastercard International Corporation and its affiliates (“Mastercard”) act ONLY as a switch between Scotiabank and the Merchants, transmitting at your request the Shared Payment Information to participating Merchants. Mastercard does not store any Payment Information and Other Information (including Shared Payment Information) about you through the Scotiabank MasterPass Wallet.

6. Your Card Responsibilities and Account Agreements; Place of Contract You are solely responsible for ensuring your use of Scotiabank Masterpass Wallet complies with the Account Agreements for your Cards that you store in and use through Scotiabank Masterpass Wallet. You are also responsible for all charges or debits to your Cards that result from any transaction made using Scotiabank Masterpass Wallet and any fees or other charges (including interest) that the issuers of your Card may charge in connection with such transaction or other use of your Card. In addition to the Terms and Conditions, all Account Agreements that apply to your Accounts and Cards will continue to apply to your use of Scotiabank Masterpass Wallet or any Services including when you pay a Merchant through the Scotiabank Masterpass Wallet. The Terms and Conditions are entered into in the province or territory that you provided and verified as your billing address for your Card and Account on your registration page unless your Account Agreement expressly states otherwise or is governed by another province or territory.

7. Default Card. When you use the Scotiabank Masterpass Wallet a default Card will be selected by you to use to pay a Merchant. You may elect to change that default Card and use another Card (or select another Card as your default Card) to make a payment to a Merchant at any time in your sole discretion when you use the Scotiabank Masterpass Wallet.

8. Carrier Fees: You are responsible for any fees charged by your wireless carrier and/or Internet service provider including for accessing or using Scotiabank Masterpass Wallet. There may also be other terms and conditions between you and your carrier or service provider that are relevant to your ability to use and access the Services. Please check with your wireless carrier for details before accessing or using Scotiabank Masterpass Wallet.

9. Mobile or Electronic Devices Available: While we attempt to support the use of Scotiabank Masterpass Wallet on popular mobile devices or other electronic devices that you may wish to use to access Scotiabank Masterpass Wallet in the Canadian market, we have no obligation to support the use of such devices and nothing obligates us to continue to support their use.

10. Prohibited Conduct. You must not use Scotiabank Masterpass Wallet for any other purpose than as set out in the Terms and Conditions and you must not:

  • (i) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Web App or otherwise relating to Scotiabank Masterpass Wallet, or make or attempt to make any modification to the Web App (except to the extent permitted under applicable law);
  • (ii) gain access to or use Scotiabank’s services or systems, including Scotiabank Masterpass Wallet other than as permitted under the Terms and Conditions or damage, disrupt, or impede the operation of Scotiabank’s services or systems including Scotiabank Masterpass Wallet;
  • (iii) use Scotiabank Masterpass Wallet in connection with or for any fraudulent or illegal conduct, transaction, or business, as determined by Scotiabank in its sole discretion;
  • (iv) fail to comply with applicable law relating to your use of Scotiabank Masterpass Wallet;
  • (v) register for the Scotiabank Masterpass Wallet by automated means or under false or fraudulent pretenses;
  • (vi) interfere with, circumvent, or modify any security mechanism used by or on behalf of Scotiabank;
  • (vii) use or launch any automated system, including “robots,” “spiders,” or “offline readers,” to access the Scotiabank Masterpass Wallet;
  • (viii) act as a payment intermediary, aggregator, or service bureau yourself or on behalf of any third party, including handling, processing, or transmitting funds for any third party;
  • (ix) rent, lease, loan, trade, sell, re-sell, or otherwise charge any party for access to the Scotiabank Masterpass Wallet;
  • (x) transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature through or using Scotiabank Masterpass Wallet; or
  • (xi) attempt to do any of the foregoing acts, or assist or permit any person in engaging in any of the foregoing acts.

Scotiabank may, in its sole discretion, accept or reject your request to register for the Scotiabank Masterpass Wallet (including any Card) and may disable or otherwise suspend access to Scotiabank Masterpass Wallet or to any Payment and Other Information within Scotiabank Masterpass Wallet at any time for any reason or no reason whatsoever, including if you do not comply with any of the prohibited conduct or if Scotiabank suspects fraud or illegal, unauthorized or improper conduct.

11. Protecting your Password and PINs and Unauthorized Access: You are responsible for complying with all of your obligations under the Terms and Conditions to protect against unauthorized access or use of your Accounts, Cards and any misuse of the Scotiabank Masterpass Wallet. These include, keeping all of your passwords, personal identification numbers (PINs) or other means to access Scotiabank Masterpass Wallet, or your Cards and Accounts confidential (that includes not disclosing them to any other person, safeguarding them and not choosing a password, PIN or other access means that can be easily guessed or identified); immediately notifying Scotiabank if your password, PIN or other means of access may be compromised); locking your device through which you access Scotiabank Masterpass Wallet and advising us of any loss, theft or unauthorized access to such device; or not accessing Scotiabank Masterpass Wallet through public wireless access.

12. Updating your Information. You are solely responsible for keeping information stored in the Scotiabank Masterpass Wallet accurate and up-to-date, including all Payment and Other Information. Scotiabank has no responsibility for the authenticity, validity, accuracy, or completeness of the Payment and Other Information including Shared Payment Information that is transmitted on your behalf to a Merchant through the Scotiabank Masterpass Wallet including a switch using Mastercard.

13. Disclaimers: The Scotiabank Masterpass Wallet and all associated Services and the Software are provided “as is” and “as available” without any warranty of any kind and we disclaim all warranties and conditions of any kind, including, any express or implied warranty and/or conditions of merchantability or fitness for a particular purpose or non-infringement other than where disclaiming such warranties is prohibited by law. We provide no warranty that the Scotiabank Masterpass Wallet, or associated Services or Software will meet your requirements or will operate uninterrupted or error free.

14. Licenses. So long as you comply with the Terms and Conditions, Scotiabank grants you a limited, nonexclusive, as-is, revocable, non-transferable license, without right of sublicense, to use the Scotiabank Masterpass Wallet solely for the purpose of storing the Payment and Other Information on the Scotiabank Masterpass Wallet and transmitting the Shared Payment Information to Merchants and grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to the associated web application (“ Web App”), solely in object code format, for your personal use for lawful purposes, on a single compatible mobile device you own or control, and to access and use Scotiabank Masterpass Wallet in accordance with the Terms and Conditions. You may not reproduce, distribute, publicly display, or publicly perform the Web App. You may not use the Web App for any purpose other than a purpose for which the Web App is expressly designed. The term Web App includes any update or modification to the Web App made available to you by Scotiabank (unless provided with separate terms). If you are prohibited under applicable law from using the Web App, you may not use it.

15. Third Parties: The Terms and Conditions govern your access to and use of Scotiabank Masterpass Wallet only as between you and us. The card network for the Card enrolled in the Service (Mastercard), a Merchant that you make a payment to using Scotiabank Masterpass Wallet and other third party providers or third party services or websites that you may access using Scotiabank Masterpass Wallet (the “ Third Parties”) may have their own terms and conditions and privacy policies (" Third Party Agreements") and you are also subject to those Third Party Agreements when you provide those Third Parties with your personal information, including when you authorize the Scotiabank Masterpass Wallet to transmit the Shared Payment Information, use their services or visit their websites in connection with your use of the Scotiabank Masterpass Wallet. Scotiabank is not responsible for any other services offered by those Third Parties. Any information you provide to Scotiabank when using the Scotiabank Masterpass Wallet that is accessed or used by those Third Parties to support the Scotiabank Masterpass Wallet is subject to those Third Parties Agreement. You should review those Third Party Agreements carefully.

16. Your Transaction is with Merchants. Each transaction that you make using your Scotiabank Masterpass Wallet is a contractual relationship directly between you and the Merchant, and the terms and conditions set by the Merchant for that transaction (including price of the goods or services you purchase, shipping and delivery details) will govern that transaction. Scotiabank has no liability to you or the Merchant for the transaction through the Scotiabank Masterpass Wallet.

17. Merchants and Offers: Merchants that you pay using the Scotiabank Masterpass Wallet may offer you discounts, rebates or other benefits (such as free shipping) ("Offers"). Such Offers are subject to the terms and conditions set by the Merchant, not Scotiabank. Scotiabank is not liable for any loss or damage as a result of any Offers by a Merchant, including delivery of goods and services, returns and warranties.

18. Limitation of Liability: Except as provided in the Terms and Conditions, we will not be liable to you for any losses or damages you may suffer as a result of your registration for or use of Scotiabank Masterpass Wallet, including if the Scotiabank Masterpass Wallet are unavailable or interrupted. In addition, you agree that no person retained or engaged by Scotiabank to help provide the Scotiabank Masterpass Wallet including a licensor or service provider, nor any of their respective affiliates, will have any liability whatsoever relating to Scotiabank Masterpass Wallet, including in relation to their sale, distribution, use, performance or non-performance. IN ADDITION, WE ARE NOT LIABLE ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH (A) THE TERMS AND CONDITIONS; (B) THE SCOTIABANK MASTERPASS WALLET, INCLUDING YOUR USE OF THE SCOTIABANK MASTERPASS WALLET IN COMBINATION WITH ANY THIRD PARTY APPLICATION; (C) ANY INTERRUPTION IN SERVICE RELATED TO THE SCOTIABANK MASTERPASS WALLET; (D) ANY CARD OR ACCOUNT; (E) THIRD PARTY SITE OR THIRD PARTY AGREEMENTS; (F) ANY PRODUCTS OR SERVICES OBTAINED THROUGH A TRANSACTION USING PAYMENT AND OTHER INFORMATION TRANSMITTED BY SCOTIABANK MASTERPASS; (G) THE ACTIONS OR INACTIONS OF ANY MERCHANT; (H) YOUR USE OF YOUR MOBILE DEVICE OR ANY OTHER ELECTRONIC DEVICE, INCLUDING ANY LACK OF ATTENTION TO YOUR SURROUNDINGS RESULTING FROM SUCH USE; OR (I) THE UNAUTHORIZED ACCESS TO SCOTIABANK’S SERVICES AND SYSTEMS, INCLUDING SCOTIABANK MASTERPASS WALLET, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. WITHOUT LIMITING THE FOREGOING, SCOTIABANK IS NOT RESPONSIBLE FOR ANY ERRORS IN ANY DESCRIPTIONS OF PRODUCTS OR SERVICES OFFERED BY MERCHANTS OR ANY MOBILE CARRIER/ INTERNET PROVIDE FEES OR PENALTIES, OR CARD OR ACCOUNT FEES OR PENALTIES THAT YOU INCUR AS A RESULT OF YOUR USE OF THE SCOTIABANK MASTERPASS WALLET, INCLUDING ANY FEES AND PENALTIES FROM TRANSACTION OR REVERSALS.

19. Changes to the Terms and Conditions: We may amend the Terms and Conditions for Scotiabank Masterpass including the Scotiabank Masterpass Wallet Agreement. Notice of a change to these Terms and Conditions will be provided to you at www.scotiabank.com/masterpassterms or may be given to you in any of the following ways:

  • i. A notice mailed to you at your last address in our records;
  • ii. A notice to your email address in our records;
  • iii. A notice on the Scotiabank website or Scotiabank Masterpass website http://www.scotiabank.com/ca/en/0,,12106,00.html;
  • iv. A notice in any other way described in the Terms and Conditions.

20. Changes to Services of Functionality: We may at any time, cancel or vary the whole or any part of Scotiabank Masterpass and the associated Services (including technical and security requirements including functionality and features). We will notify you to the extent required under applicable law of such changes. These changes may require you to update your Payment and Other Information or other information related to the Scotiabank Masterpass Wallet to continue to use it.

21. Term and Termination: Upon installation of the Scotiabank Masterpass Wallet on your mobile device, the Scotiabank Masterpass Wallet will be immediately available for use. We may at any time terminate your use of the Scotiabank Masterpass Wallet. You may also terminate the use of the Scotiabank Masterpass Wallet at any time by deleting it from your mobile device. If you or we terminate the use of the Scotiabank Masterpass Wallet, any services related to the Scotiabank Masterpass Wallet will immediately terminate. Any payment made using the Scotiabank Masterpass Wallet prior to such deletion will continue to be processed, including the sharing of your Payment and Other Information with the Merchant.

22. Interpretation: “ Including”, “ includes” and “ Include” when used will be deemed to be followed by the words “without limitation”.
Definitions that we use in these Terms and Conditions:
Account” means the consumer (personal) debit or credit card account that is opened by Scotiabank and associated with a Card.
Account Agreement” means the agreement(s) that apply to your Account and the Card.
Card” means any consumer (personal) debit or credit card issued by Scotiabank that we allow you to register on the Scotiabank MasterPass Wallet. Currently a Card does not include any reward or loyalty program card, prepaid card or gift card or any business, corporate or commercial credit or debit cards issued by Scotiabank or any other issuer.
You” (including “ your”) means you individually.

23. Language: The parties agree and expressly request that this Agreement and all documents related to it be drawn up in English only. Les parties ont expressément convenu et exigé que ce contrat et tous documents émis en vertu de celui-ci soient rédigés en anglais seulement.