The Fine Print
At a glance Know your rights when you’re on our site!
1 - Scotia iTRADE
Scotia iTRADE is a division of Scotia Capital Inc. Scotia Capital Inc. is a registered broker in all provinces and territories of Canada, and is a member of the Investment Industry Regulatory Organization of Canada and the Canadian Investor Protection Fund.
2 - Trademarks and Copyrights
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this web site may constitute trade names, trademarks or service marks, registered or unregistered ("Trademarks") of The Bank of Nova Scotia, its affiliates, or of third parties and are used under license by Scotia Capital Inc. Images, logos, and pictures bearing the name or word Scotia. Scotia iTRADE, Scotiabank Global Banking and Markets or Scotiabank are Trademarks of The Bank of Nova Scotia, used under license by Scotia Capital Inc., and are protected by trademark and copyright laws in Canada and other countries. The display of Trademarks on pages at this web site does not imply that any license has been granted to any third party.
All information in this web site is protected under the copyright laws of Canada and other countries. Users of this web site shall be entitled to copy any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of Scotia Capital Inc. Except as otherwise specifically provided in the foregoing sentence, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of this web site. Any product, process or technology described in the web site may be the subject of other intellectual property rights reserved by Scotia Capital Inc., or their licensors, and are not licensed hereunder.
Any unauthorized downloading, retransmission, or other copying or modification of Trademarks or other contents of this web site may be a violation of statutory or common law rights which could subject the violator to legal action.
3 - No Solicitation and Jurisdiction
Products and services of Scotia Capital Inc. and its affiliates are only offered in jurisdictions where they may be lawfully offered for sale. Some of the products and services of Scotia Capital Inc. and its affiliates may only be available in certain jurisdictions. Any product or service mentioned on this web site is available only in accordance with local law and only where it may be lawfully offered for sale. All products and services are subject to the terms of the applicable agreement.
The information on this web site does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
The Scotia iTRADE service is available only in the provinces and territories of Canada.
4 - Use of Web Site
Neither Scotia Capital Inc. nor its affiliates are responsible in any manner for direct, indirect, special, incidental or consequential damages, losses or expenses, however caused, including any loss of use, lost or incorrect data, lost profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action, arising out of your use of this web site and/or any web browser and/or in reliance on information available on this web site, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet.
5 - No Endorsement of Other Sites
Links to other web sites from this web site are for convenience only. No endorsement of any independent third party products, services or information is expressed or implied by any information, material or content of a third party contained in, referred to, included on, or linked from or to this web site. Any information, data, opinions, or recommendations provided by independent third parties through links to other web sites or otherwise made available through this web site are solely those of the independent third party and not of Scotia Capital Inc. or its affiliates.
6 - No Suitability Review, No Advice and No Liability for Information or Data
No Suitability Review: Scotia iTRADE does not determine the general investment needs and objectives of the client or provide determinations of suitability in respect of proposed purchases or sales of any securities.
No advice: Scotia iTRADE does not provide advice or recommendations regarding the purchase or sale of any securities. Information on this web site is for informational purposes only and is not intended to provide investment, financial, legal, accounting or tax advice and should not be relied upon in that regard.
Information and Data Disclaimer: Information provided by Scotia Capital Inc. and its affiliates and information provided by other sources on this web site is not subject to any guarantee as to its accuracy or completeness or as to its currency. Neither Scotia Capital Inc. nor its affiliates nor any third party owner, licensor or supplier of information used or made available through this web site, 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 Data or the use thereof including, without limitation, that (i) the Data will meet your needs, or that the Data will be available for use at any particular time or for any particular purpose or will be error free, or (ii) the 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 a current trading price of a security. Further, all express or implied, direct or indirect, representations, warranties and conditions in respect of 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 of merchantable quality and fitness for a particular purpose are expressly excluded.
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 this web site in any manner or furnish it to any other person without the prior written consent of Scotia Capital Inc. and the relevant supplier. The user of this web site shall use the Data accessible through the web site only for the user’s individual use, and shall indemnify and hold harmless Scotia Capital Inc., its affiliates and each supplier of Data from any losses or liabilities incurred as a result of the user’s breach of the foregoing provisions or other misuses of the Data. You agree that the terms of this Agreement may be enforced directly against you by each supplier of Data.
Exchange Agreement: Your use of the services of Scotia iTRADE signifies your agreement that (i) you will comply with Toronto Stock Exchange requirements regarding the entry and trading of orders; (ii) you will trade within the parameters, if any, imposed on orders that you may enter; and (iii) Scotia iTRADE has the right to reject, change or remove any order entered by you, cancel any trade resulting from your order, or discontinue accepting orders from you at any time without notice.
7 - Rates and Fees
We endeavour to keep the rates and fees posted on this web site current. However, interest rates, commissions, and related information is subject to change at any time without notice to users and the posted interest rates and commissions at the site may not reflect such changes. Fees or charges (excluding interest or commissions charged) relating to services provided by Scotia iTRADE will not be imposed or changed without 60 days prior written notice.
8 - Systems Disclaimer
Scotia Capital Inc. and its affiliates endeavour to offer customers an electronic trading service that is easy to use, reliable, secure, and capable of meeting its customers' trading and investment needs. From time to time, however, interruptions, errors or other deficiencies in service may occur. This may be due to a variety of factors, some of which are outside the control of Scotia Capital Inc. and its affiliates, including interruptions in the accessibility of the Internet, a system outage in facilities of a third party service provider (including stock exchanges, Data providers, and back office service providers), 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.
Each of these factors can contribute to delays or errors in service or system outages. Customers may experience difficulties in accessing their accounts and in placing and cancelling orders. Trade executions may suffer as a result.
Your use of electronic, on-line, and touch-tone telephone services, software, systems and facilities made available by Scotia Capital Inc. and/or or its affiliates (including the Scotia iTRADE service), are subject to the following terms and conditions:
Systems are not guaranteed: Neither Scotia Capital Inc. nor its affiliates, nor any third party owner, licensor or supplier of equipment, software, systems, services or facilities used or made available in connection with a service offered by Scotia Capital Inc. or its affiliates (the "Systems’) is liable for any representation, warranty or condition, whether express or implied, concerning the Systems or the use thereof, including, without limitation, that the Systems will meet your needs or that the Systems will be available for use at any particular time or for any particular purpose or will operate error-free. Without limiting the foregoing, all express or implied, direct or indirect, representations, warranties and conditions in respect of the Systems 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 on conditions of merchantable quality and fitness for a particular purpose are expressly excluded;
Limit on Liability: The user of the Systems agrees that Scotia Capital Inc. and its affiliates will not 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.
9 - Warning Regarding Volatile Markets
In times of market volatility and high trading volumes, including both at market opening and during the trading day, and including situations of high volume trading of so-called "hot stocks", customers of brokerage services may experience delays in the execution of their orders for securities. A delay in the processing of a market order placed through an on-line brokerage service during a period of market volatility or high trading volume may expose the customer to the risk of trade execution at a market price that is significantly different from the market price of the security at the time the order was placed. Once an order is placed, it may be difficult or impossible to cancel the order before the order is executed.
In those circumstances, Scotia Capital Inc. and its affiliates bear no responsibility to the customer for the discrepancy between the market price of the security at the time of order placement and the market price of the security at the time of trade execution.
To minimize the risk in this situation, customers should consider the advisability of placing limit orders in lieu of market orders, limiting the price at which the customer's order will be filled. If you place a market order, the broker is required to execute the market order at the earliest opportunity without regard to price at the time of execution. Limit orders, on the other hand, will be executed only at a specified (limit) price or better. While the market for the security may be such that the customer’s limit order does not get filled at all, this outcome may be considered more desirable than the risk of a fill at an undesirable price.
10 - Virus Checks
When using this web site, it is up to you to take reasonable precautions to scan for computer viruses, worms, Trojan horses, and other items of a destructive nature. It is also up to you to ensure that you have a complete and current backup of the information contained on your computer system prior to using this web site.
11 - Governing Law
Except as otherwise provided in an agreement with Scotia Capital Inc. or its affiliates, the laws of the province of Ontario and the laws of Canada applicable therein govern as to the interpretation, validity and effect of the provisions of this Agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the non-exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding instituted under or related to this Agreement.
12 - Submissions
All information submitted to Scotia iTRADE by you through this web site may be used by Scotia iTRADE in accordance with the terms of the Scotiabank Group Privacy Agreement.