Scotiabank International Money Transfer Agreement 

  1. Introduction. Scotiabank International Money Transfer Agreement (this “Agreement”) applies when you send an International Money Transfer (“IMT”). This Agreement is in addition to the terms and conditions of the Day-to-Day Banking Companion Booklet as well as the Digital Access Agreement which you accepted in order to access or use the services and features offered through Online Banking and Mobile Banking (as defined in the Digital Access Agreement). In this Agreement, “we”, “us”, “our”, and “Scotiabank” mean The Bank of Nova Scotia and our subsidiaries and affiliates. And “you” or “your” mean the individual who is using the IMT service (“Service”). “Recipient” is a person who receives money through the Service.

  2. Recipient Information. If you send an IMT, we or an Intermediary (defined below) may ask you to provide information about the IMT. You are responsible for providing correct information relating to the Recipient and the bank you have indicated at which the Recipient should receive the IMT (the “Recipient Bank”). Neither Scotiabank nor any Intermediary is responsible to verify the accuracy of any information you provide. Scotiabank and the Recipient Bank may rely solely on the account number that you provided to complete the IMT. “Intermediary” means any person or persons receiving or handling funds for Scotiabank or the Recipient including but not limited to other financial institutions (including the Recipient Bank), payment or clearing networks and their respective agents and service providers.

  3. Making an IMT request and Timing of Receipt. If you request us to send an IMT, we will immediately withdraw the amount of the IMT from your account (“Account”) and ask the Recipient Bank to pay this amount to the Recipient at the Recipient Bank. Normally, the recipient receives funds into their account within 1-3 business days. However, we make no representations or warranties on the timing of delivery of the IMT to the Recipient which depends on the services of any Intermediary and the Recipient Bank.

  4. Foreign Exchange. If you request that the amount of IMT be made in a currency other than that of your Account (the “Requested Currency”), we will convert the funds into the Requested Currency. The rate of exchange will be our rate, established at the time the funds are converted. Our rates of exchange vary from time to time without any notice. We make no representations or warranties that the IMT will be received by the Recipient in the Requested Currency. You accept all risk of all fluctuation of exchange rates between the date we accept your IMT request and the date of payment to the Recipient or date of refund to you. If payment cannot be made for any reason in the Requested Currency, you authorize payment in the currency of the place of payment at either the relevant Intermediary’s or Recipient Bank’s spot rate of exchange for its sale of currency of the place of payment in exchange for the Requested Currency (such exchange, a “Local FX Conversion Transaction”). The price of any Local FX Conversion Transaction may also include a foreign conversion fee charged by the relevant Intermediary or Recipient Bank. And you agree to pay for any fees charged by the relevant Intermediary or Recipient Bank.

  5. Fees and Interest. With each IMT you request, you agree to pay us a non-refundable service fee. Additional fees and/or taxes may be deducted from the IMT amount by Intermediary or the Recipient Bank. No interest will be paid on funds in transit. We derive income from the difference between the prices we or an Intermediary and/or Recipient Bank bid to buy and offer to sell foreign currency. This is reflected in the price we quote for the Requested Currency of the IMT you request and whenever we apply our rates of exchanges in accordance with this Agreement.

  6. No Cancellation of or Change to an IMT. Once you request us to send the IMT and the funds and fees have been withdrawn from your Account, your request to send the IMT may not be cancelled or changed.

  7. Declined, Unclaimed, or Incomplete IMT. If the IMT is declined or unclaimed by the Recipient, or is not completed, we shall use our best efforts to attempt to obtain a refund at your request from the Recipient Bank. If all or some of the IMT funds are returned, we will first convert the funds into the same currency as the amount of the IMT at our rate of exchange, established at the time the funds are converted. We shall not be liable to refund you any amount which was not refunded to us including the difference in the rates of exchange.

  8. Intermediaries. We may engage Intermediaries selected in our complete discretion to provide you with the Service. We shall not be liable to you for any such selection made by Scotiabank, the Recipient, or another Intermediary.

  9. Settlement Rules and Applicable Laws. You agree that your request to send an IMT and our ability to complete it will be subject to Settlement Rules (defined below) and Applicable Laws (defined below) and that Scotiabank and/or any Intermediaries may take any steps they consider necessary to comply with the Settlement Rules or Applicable Laws. “Applicable Laws” means laws, regulations, orders, guidelines or directives of foreign or domestic governmental authorities or regulatory bodies that apply to Scotiabank or the Intermediaries, whether or not these have the force of law. “Settlement Rules” means the rules, procedures, internal policies, standards or bylaws used by Intermediaries or Scotiabank, or to which Intermediaries or Scotiabank may be subject.

  10. Governing Law. This Agreement will be governed by and interpreted in accordance with Canadian law and the laws of the province or territory in which you live or, if you do not live in Canada, the applicable laws of the province of Ontario. You agree to submit to and be bound by these laws and the courts of that province or territory in the event of any disputes arising in connection with the Service or this Agreement.

  11. Consent to Disclosure. To comply with the Settlement Rules or Applicable Laws, Scotiabank or an Intermediary may disclose any information about you and the Recipient to (i) our affiliates, (ii) credit reporting agencies and other similar rating or reporting agencies, (iii) an Intermediary or (iv) to a foreign or domestic government authority or regulatory body. In addition, there may be instances where we require additional information about you or the Recipient to ensure compliance with applicable laws, and you acknowledge that certain transactions may not be completed and/or the Service may not be available if you do not provide required information about you or the Recipient. You confirm that you have the authority to make such disclosures, or otherwise provide such consents and acknowledgements on behalf of the Recipient. Unless required by applicable laws, we will not be under any obligation to notify you either prior to or after disclosing information about you under any of the circumstances described in this section.

  12. Important Service Restrictions.
    • (a) General. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions. We are not obliged to process any particular transaction. When you request to send an IMT, we may, in our sole discretion, choose whether or not to accept your request to send the IMT. If we decide not to process the IMT, we will notify you promptly of that decision and repay to you the IMT amount and any fees that we charged and collected from you. If you successfully request to send the same IMT that we previously decided not to proces, you are solely responsible for any loss related to a difference in FX rates.

    • (b) Cancelling/Suspending the Service. We may suspend or cancel your ability to use the Service or decline to complete the IMT for any reason without notifying you in advance.

    • (c) Third Party. A third party (including an Intermediary and Recipient Bank) may set limits on the IMT, including the amount of money you are allowed to send, the amount of money the Recipient is allowed to receive or the currency in which the funds are received when you send the IMT.

    • (d) Commercial Transactions. You should not use the Service to send money except to people that you know. We are not responsible for, the quality or delivery of goods or services that you pay for using the Service. You accept that using the Service to pay for goods and services is at your own risk.

    • (e) Acting on Your Own Behalf. You and the Recipient will only act on your own behaves. You may not request to send an IMT on behalf of a third person.

    • (f) Unauthorized Transactions. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations If we become aware that you use the Service in connection with illegal conduct, we may report you to law enforcement.

    • (g) Restricted Activities. In connection with your use of the Service, or in the course of your interactions with Scotiabank, a user or a third party, you will not:
      1. Breach this Agreement, or any other agreement between you and Scotiabank;
      2. Provide false, inaccurate, or misleading information; and
      3. Use any automatic device, or manual process to monitor or copy our website.

  13. Changes/Termination.We may change any of the terms of this Agreement, fees, and/or Service features or terminate this Agreement for any reason at any time with or without prior notice.

  14. Waiver. Our failure to exercise or delay in exercising any rights does not waive any default or prevent us from enforcing those rights later.

  15. Severability. If any provision of this Agreement is found to be invalid or unenforceable, this will not affect the validity of enforceability of the other provisions of this Agreement.

  16. Conflict. If there is a conflict between a term in this and any other agreement(s) you have with us, the terms of this Agreement will apply to the extent necessary to resolve the conflict.

  17. Language. Quebec Residents Only / Résidents du Québec seulement: You acknowledge that the French and English versions of this agreement were remitted to you. You expressly request and agree to be bound exclusively by the English version of this agreement and that all related documents, including any notices, be drafted in English only. Vous reconnais que les versions française et anglaise de cette convention vous ont été remises. Vous demandez expressément et acceptez d'être lié exclusivement par la version anglaise de cette convention et que tous les documents qui s’y rattachent, y compris tous avis, soient rédigés en anglais seulement./p>