Terms of Use for the KONEK Gateway and Interac Direct
Effective as of October 1, 2024
These Terms of Use (“Terms”) apply when you use the “KONEK Service” (also referred to as the “Service”) provided by Interac Corp. (“Interac”) to make a payment for a purchase using a Payment Method provided by Scotiabank. Please read these Terms carefully. These Terms are a legal agreement between you and Scotiabank. If you add, activate or use a Scotiabank Payment Method in the KONEK Service, it means that you accept and agree to these Terms. These Terms form part of the Digital Access Agreement between you and Scotiabank and the Payment Method provided by Scotiabank is deemed to be a Digital Service as defined under the Digital Access Agreement. Information regarding how we protect and manage your personal information is set out in section 9.
The Service facilitates the simple, flexible and convenient fulfillment of e-commerce transactions payments by allowing you (also referred to as “customer”) to pay for purchases made online or through an electronic or mobile application using one of the following provided by Scotiabank: (a) an eligible bank account (a “Bank Account”); (b) an eligible credit card (“Eligible Card”or “Eligible Credit Card”); or (c) any other eligible payment methods (each, a “Payment Method”) provided by Scotiabank and certain other financial institutions. References to a “Scotiabank Payment Method” mean specifically a Payment Method provided by Scotiabank.
In addition to the Service, the “KONEK Gateway” is the credential gateway provided by Interac (also referred to as “KONEK”) that is intended to be a multi-rail, multi-network, ubiquitous payment option enabling customers to pay using various Payment Methods of their choice, including processing of Payment Methods through a Bank Account as a payment network (“Interac Direct”). Interac provides the KONEK Services through the KONEK Gateway.
The references in these Terms to KONEK Gateway, KONEK Service and Interac Direct includes features, functionality and services now available or added in the future to each of them.
Definitions: The words “you” and “your” mean you, a customer of Scotiabank, and the words “we”, “us”, “our”, and “Scotiabank” mean The Bank of Nova Scotia.
1. Additional Third Party Terms
By adding, activating or using a Scotiabank Payment Method using this Service or the KONEK Gateway, you are also agreeing to any third party terms and conditions of use that relate to, govern, or otherwise apply to your use thereof with your Scotiabank Payment Method, such as your agreement with your wireless carrier or merchants, Interac’s KONEK Terms and Conditions of Use which are available here and, where applicable, the terms and conditions of Interac Direct, when you select a Bank Account or other Payment Method that uses Interac Direct(the “Third Party Terms”).
Your chosen Scotiabank Payment Methods are still subject to the applicable account and other agreement(s) between you and us (“Account Documents”). The Account Documents continue to apply to your accounts even when you use the KONEK Service or Interac Direct. If there is a conflict between a term in Account Documents and these Terms, the Account Documents will prevail to the extent necessary to resolve the conflict.
2. Using the KONEK Service.
You can choose your Payment Method for use in the KONEK Service from any participating financial institution, including us. The availability of certain Scotiabank Payment Methods may be limited including due to factors outside of our control, due to the applicable merchant, by Interac, by a payment network or acquirer for the merchant who is facilitating the processing of payments between us and your merchant. There may also be other times when your preferred Scotiabank Payment Method cannot be used, for example, if your Eligible Card has expired or you no longer have access to the Bank Account you selected or a Scotiabank Payment Method is not in good standing (including if you are past due on payments or overlimit/overdraft on it).
You authorize us, directly or through third parties, to make any inquiries we consider necessary to facilitate your use of the KONEK Service (including to prevent potential fraud, illegal activities or to ensure our compliance with applicable laws), or that may be required by applicable law or law enforcement agencies.
You agree that you will not (1) use the KONEK Service for any purpose other than purposes permitted by us in these Terms; (2) reverse engineer, disassemble, decompile, unlock, recreate, modify, copy, license, sublicense, create derivative software from, sell, rent, lease, loan, distribute, reproduce, display or transfer any of the KONEK Gateway, or any part thereof, other than as permitted herein; (3) send or store malicious code, infringing or unlawful material to or on a Interac software or the KONEK Gateway; (4) attempt to gain unauthorized access to, or disrupt the integrity or performance of, any part of the KONEK Gateway, or any data contained therein, or any systems, equipment or networks connected to the KONEK Gateway; (5) circumvent or disclose the online banking credentials or passwords or security of the KONEK Gateway, or any host, network, or account related thereto; (6) send personal information in any fields; (7) make any use of the KONEK Services that violates any law applicable to you, for illegal, fraudulent or dishonest purposes, or in connection with any Prohibited Transactions; or (8) utilize any automated or manual system to access or to test the KONEK Services production environments. “Prohibited Transactions” are transactions undertaken through the KONEK Service that are prohibited by these Terms, the Account Documents, the Third Party Terms, documentation or the applicable Payment Network Rules that apply to us or your Payment Method and in all cases also includes any transactions that do not comply with applicable laws.
In providing the KONEK Services, we must comply with all Payment Network Rules in connection with use of the KONEK Gateway. “Payment Network Rules” are the applicable bylaws, rules, bulletins, regulations, documentation, manuals and similar requirements effected or adopted for each payment network as applicable (each a (Payment Network”)), as may be amended, supplemented or restated from time to time.
3. Applicable Fees and Interest; Limits.
We do not currently charge you any fees when you use the KONEK Service or Interac Direct. However, other third parties, such as wireless companies or data service providers, may charge you service fees in connection with your use of your electronic or mobile device, the applicable Scotiabank Payment Method or the KONEK Service. All interest, fees and other charges applicable to your Scotiabank Payment Method continue to apply to all transactions made through the KONEK Service. Please consult your Account Documents for information on interest rates, fees and other charges.
We, Interac, the other Payment Networks or merchants may establish or change transaction limits from time to time in their discretion relating to your use of the KONEK Service without prior notice. This may occur even if you do not have overlimit or overdraft on your applicable Payment Method. This may mean that you are unable to complete a transaction using the KONEK Service that exceeds these limits. Your Payment Method must be in good standing to use the KONEK Service.
4. Keeping your Credentials Secure.
In addition to your obligations under the Digital Access Agreement relating to your Credentials and the security of your Cards, Card Numbers, Username and other Authorization Credentials, you agree to protect and keep confidential your user identification (“ID”), passwords, passcodes and all other credentials required for you to login to your electronic mobile device (the “Credentials”) and make purchases with your Scotiabank Payment Method using the KONEK Service or Interac Direct. If you share these Credentials with others, they may be able to access your Scotiabank Payment Method using the KONEK Service or Interac Direct and make transactions with your Scotiabank Payment Method or obtain your personal information. Before registering for the KONEK Service you must ensure that only your Credentials and, if applicable, fingerprints are registered on your electronic or mobile device as these will then be considered authorized to make transactions related to your Scotiabank Payment Method. If the fingerprint or credentials of another person are used to unlock your electronic mobile device or make transactions, these will be deemed to be authorized by you. You will be responsible for all transactions carried out using your electronic or mobile device regardless of whether the credentials used were yours or those of another person. If your electronic or mobile device is lost, stolen, or if you believe someone else has used or has discovered your Credentials used with the KONEK Service, or the security of your Scotiabank Payment Method or electronic or mobile device has been otherwise compromised, you are required to notify us immediately. You are responsible for all transactions made using your Scotiabank Payment Method through the KONEK Service or Interac Direct, except as specifically described here, in the Account Documents or as otherwise provided by law. You must also notify us immediately if you believe there is an error on your account or suspect fraud with your Scotiabank Payment Method. You must notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in a Scotiabank Payment Method connected to the KONEK Service.
5. Responsibility for the KONEK Service and Interac Direct.
Interac is the provider of the KONEK Service and Interac Direct. Interac is solely responsible for their use and function. We are not responsible for any failure of any KONEK Service or Interac Direct or your inability to use the KONEK Service or Interac Direct including for any transaction. We are also not responsible for any loss, injury or inconvenience you suffer as a result of using the KONEK Service or Interac Direct including if a merchant refuses to accept payments through the KONEK Service or Interac Direct for any transaction.
6. Our Responsibility for Unauthorized Transactions.
You will not be responsible for monetary losses from your Scotiabank Payment Methods through KONEK Services or Interac Direct circumstances beyond your control (unless you have contributed to such losses) and we will reimburse you for losses resulting from: (1) transactions that occur after you notify us that you believe that any of your Credentials may have become known by someone, or that you noticed unusual, suspicious or fraudulent activity on any of your Scotiabank Payment Methods; (2) transactions using your Scotiabank Payment Methods where it can be shown that you did not authorize the transaction on your Bank Account as you have been a victim of fraud, theft or have been coerced by trickery, force or intimidation, so long as you report the incident to us immediately and cooperate and assist us fully in any investigation or in the case of an Eligible Card, you did not authorize the transaction and you were not grossly negligent (or grossly at fault in Quebec) with your protecting your Credentials; (3) transactions using your Scotiabank Payment Methods resulting from negligent conduct by us, our employees, Interac or the Merchant; (4) and any failure, error, malfunction, or technical problem of our system or equipment or that of Interac or any third party participating in the KONEK Service or Interac Direct related to a payment made using your Scotiabank Payment Methods.
Despite the above, we are not responsible for and we will not reimburse you for losses using your Scotiabank Payment Methods if: (1) you do not comply with any of your obligations under these Terms (including the Third Party Terms referred to in these Terms) or you do not comply with any instructions we may provide to you in connection with the KONEK Service or Interac Direct; (2) you engage in any fraudulent, criminal or dishonest acts related to the KONEK Service or Interac Direct; (3) you access the KONEK Service or Interac Direct via a device that you know or reasonably should know contains software that has the ability to reveal or otherwise compromise any of your passwords or personal verification questions; (4) you carry out the transaction, including if the transaction is a result of any mistake, error, omission, inaccuracy or other inadequacy of, or contained in any data or information that you give to us; (5) you share any of your Credentials with anyone else (and in the case of Eligible Cards, if share them in way that is contrary to your obligations under your Account Documents with us for the Eligible Card); or (6) you consent to, contribute to or authorize a transaction in any way.
In no event, even if we are negligent, are we responsible for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we were advised of the possibility of such damages.
IN NO EVENT ARE WE RESPONSIBLE FOR ANY LOSSES WHATSOEVER RESULTING FROM YOUR USING PAYMENT METHODS OF OTHER FINANCIAL INSTITUTIONS THROUGH THE KONEK SERVICE OR INTERAC DIRECT.
7. Security of Third Party Digital Wallets.
You understand that the security of information provided to or stored by third parties in connection with the KONEK Service or Interac Direct is outside of our control. We are not responsible if there is a security breach affecting any information collected, stored or sent in connection with the KONEK Service or Interac Direct.
8. Declining Transactions; Cancellation; Suspension.
We or Interac may change the type of Payment Methods that are eligible for the KONEK Service or Interac Direct at any time. We may stop participating in the KONEK Service or Interac Direct at any time. We can block you from adding an otherwise eligible Scotiabank Payment Method to KONEK Service, suspend your ability to use a Scotiabank Payment Method to make purchases using the KONEK Service or Interac Direct, or cancel entirely your ability to continue to use a Scotiabank Payment Method in the KONEK Service or Interac Direct or the KONEK Service or Interac Direct. We may take these actions at any time, without telling you first, and for any reason, including if you fail to comply with these Terms, any of the other Third Party Terms referred to in these Terms or your Account Documents, if we suspect fraud, if your Scotiabank Payment Method (and the related account associated with that Payment Method) is not in good standing, there is a change in applicable law or for other reasons we determine.
You may remove a Scotiabank Payment Method from the KONEK Service or Interac Direct or close your KONEK Service account by following the procedures for removal or closure of Scotiabank Payment Methods.
9. Privacy.
When you add or use a Scotiabank Payment Method with the KONEK Service or Interac Direct, we collect, use, disclose, retain and destroy your personal information in accordance with the Scotiabank Privacy Agreement and Digital Privacy and Interest-Based Advertising Policy. These documents explain your privacy choices and how to ask questions or raise concerns.
Information we collect about you: Information that we hold about you may come from you directly; however, we may also collect information about you from other sources, including information from credit reporting agencies (for example, where you apply for credit, or where we must identify you), people appointed to act on your behalf, our social media pages, or other banks or finance-related organizations.
How we use your information: We may collect, use and exchange personal information for the following purposes: to set up, manage and offer products or services that meet your needs; to confirm your identity; to determine your eligibility or suitability for our products or services; to understand your needs; to meet our legal and regulatory requirements; to manage and assess our risks; to prevent or detect criminal activity; and to identify and correct any errors. We may also use your information to send you messages, either by post, telephone, text message, email or other digital methods, including through ATMs, apps, and online banking services. These messages may be to help you manage your account, to meet our regulatory obligations, to inform you about product or service features or to tell you about products and services (including those of other companies) that may be of interest to you.
With whom we share your information: We will keep your information confidential, but we may share it with third parties (who also have to keep it secure and confidential) in certain circumstances, including: the Scotiabank Group of Companies† (for example, for marketing purposes or internal reporting where those companies provide services to us), payment processing services (for example, credit card networks), our service providers and their agents (for example, collection agents, statement printers), fraud prevention agencies, and other banks or finance-related organizations. Some of these third parties may be located outside Quebec or Canada.
Keeping your information: We will keep your information for as long as you are our customer. Once our relationship has ended, we will only keep your information for so long as is appropriate for the type of information, and the purpose for which we’re retaining it. The period we keep your information for is generally linked to the amount of time available for you to bring a legal claim. We may keep the information longer than this if there an existing claim or complaint that will require us to keep your information, or for regulatory or technical reasons. If we do keep it for a longer period, we will continue to protect your information.
Your rights and how to refuse or withdraw your consent: You have certain rights over the personal information we hold about you, including the right to ask for a copy of the information, to correct or rectify personal information that we hold about you, or not to use your information for a particular purpose (i.e., withdraw consent). Note that your ability to exercise these rights will depend on a number of factors, and in some situations, and we may not be able to agree to your request. You can refuse to consent to our collection, use or disclosure of your personal information, or you may withdraw your consent to our further collection, use or disclosure of your personal information at any time by giving us reasonable notice, subject to limited exceptions. This includes withdrawing your consent to use your SIN to verify credit information or to confirm your identity. To understand how to go about withdrawing your consent, or to find out more about any of the items described in this section, please visit www.Scotiabank.com/privacy or any Scotiabank branch for a copy of our Privacy Agreement.
Any change you make to the personal information that you provide to Interac in order to use the KONEK Service will not automatically change the same information in our records. For example, if you provide Interac with a different email address from the one we have in our records, our records will not be automatically updated to reflect that different e-mail address. You would need to contact us separately to change the e-mail address that we have in our records. However, any changes made to your personal information on our system necessary for the KONEK Service will be provided through the linking process.
By linking with the KONEK Service or Interac Direct, you consent to the collection, use and sharing of your personal information with Interac Corp. In addition to your banking and contact information, and for the purpose of determining your eligibility to use KONEK and for the detection and prevention of fraud, we may share with KONEK information regarding your use of other Interac products and services. Your use of the KONEK Service or Interac Direct is also subject to the Interac Privacy Policy and the Konek Privacy Policy and may be subject to other third parties’ privacy policies, such as Merchants or other financial institutions whose Payment Methods you use. You should read these policies carefully. We are not responsible for how Interac or other third parties handle your personal information.
10. Electronic Delivery of Information.
When you add or use a Scotiabank Payment Method with the KONEK Service or Interac Direct, you agree to receive the following communications by electronic means relating to the KONEK Service or Interac Direct: disclosures or notices required to be provided by law; customer service communications; and any other communications related to these Terms or your use of the KONEK Service or Interac Direct. We may send these electronic communications to the email address, phone number, online banking inbox or other electronic address associated with your Bank Account, Eligible Card or KONEK Service profile.
Any electronic communication sent to you will be considered received by you after we send it or post it to such address for electronic delivery by posting it on www.scotiabank.com or by such other method as we may decide to use including any methods outlined in the Digital Access Agreement as set out under the heading “Changing the Terms of this Agreement”. If your contact information changes, you must update it on your profile or tell us. We will use the last contact information we have in your profile for you to send you an electronic communication.
If you want to opt out of receiving all electronic communications, you will not be able to use your Scotiabank Payment Method with the KONEK Service or Interac Direct.
11. Limitation of Liability and Indemnities.
THE BANK DOES NOT OPERATE THE KONEK SERVICE OR INTERAC DIRECT AND DOES NOT CONTROL THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU EITHER DIRECTLY OR INDIRECTLY FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF THE KONEK SERVICE OR INTERAC DIRECT, SUCH AS THE UNAVAILABILITY OF THE KONEK SERVICE, INTERAC DIRECT OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION.
WE DISCLAIM ANY RESPONSIBILITY FOR THE KONEK SERVICE OR INTERAC DIRECT, OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN SUCH SERVICES. WE DO NOT WARRANT THAT THE KONEK SERVICE OR INTERAC DIRECT WILL BE AVAILABLE TO COMPLETE A TRANSACTION, THAT A MERCHANT WILL HAVE THE KONEK SERVICE OR INTERAC DIRECT AVAILABILE OR THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. USE OF THE KONEK SERVICE AND INTERAC DIRECT INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS.
WE ARE NOT RESPONSIBLE FOR YOUR ELECTRONIC OR MOBILE DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME. EXCEPT AS OTHERWISE PROVIDED BY LAW OR HEREIN, IN NO EVENT SHALL THE BANK, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, SERVICE PROVIDERS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING DIRECT, COMPENSATORY, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE KONEK SERVICE OR INTERAC DIRECT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Changes to these Terms and Termination.
We may change these Terms at any time without telling you first, unless we are required to do so under applicable laws.
If we amend these Terms, we will tell you about the amendment in writing by posting a revised version on www.scotiabank.com or by such other method as we may decide to use including any methods outlined in the Digital Access Agreement as set out under the heading “Changing the Terms of this Agreement”
You agree to any such changes by continuing to use the KONEK Service and/or Interac Direct and/or by continuing to use the services under the Digital Access Agreement.
The date of the most recent change to these Terms is shown at the top of these Terms.
If you do not accept a change to these Terms, you must remove all Scotiabank Payment Methods from and cease using them through the KONEK Service or Interac Direct.
Your removal of the Scotiabank Payment Method from the KONEK Service or Interac Direct does not result in the cancellation or termination of your Scotiabank Payment Method (and associated account with that Scotiabank Payment Method).
We may terminate these Terms at any time upon ten (10) days prior notice to you, or immediately and without notice in the case of your breach of these Terms. We may immediately terminate these Terms if we have reason to suspect that you have used the Scotiabank Payment Method, KONEK Service and/or Interac Direct for fraudulent, illegal, or money laundering purposes, or if you have, in our sole discretion, misused the Scotiabank Payment Method, KONEK Service and/or Interac Direct. We may also terminate these Terms and your use of the KONEK Service if we terminate the Digital Access Agreement for your or related to your Scotia Payment Method or associated account with that Scotiabank Payment Method).
13. Governing Law.
These Terms will be governed by and interpreted in accordance with the laws that govern the Digital Access Agreement with you.
14. Resolving Disputes Directly with Vendors.
We are not responsible for any failure to supply, or lack of suitability or quality of, any goods or services purchased from merchants or others (each, a Vendor) through the KONEK Services and Interac Direct. All disputes between you and a merchant or other party, including your rights to compensation (including a refund or credit) or any rights of set-off, shall be settled directly by you with the applicable Vendor. We do not verify, nor are we required to verify, that any purpose for which the payment is made by you has been fulfilled by the Vendor as a condition of honouring your payment request via Scotiabank Payment Method using the KONEK Services and Interac Direct.
If a problem with any of the foregoing is not resolved to your satisfaction, please refer to the Account Documents.
15. Severability.
If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms.
† The Scotiabank Group of Companies means The Bank of Nova Scotia and its affiliates who provide deposit, investment, loan, securities, trust, insurance and other products and services.
16. Language.
Quebec Residents Only / Résidents du Québec seulement: You acknowledge that the French and English versions of these Terms were remitted to you. You expressly request and agree to be bound exclusively by the English version of these Terms and that all related documents, including any notices, be drafted in English only. Vous reconnaissez que les versions française et anglaise des présentes conditions vous ont été remises. Vous demandez expressément et acceptez d'être lié exclusivement par la version anglaise de ces conditions et que tous les documents qui s’y rattachent, y compris tous avis, soient rédigés en anglais seulement.