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By accessing and accepting the terms of this site by clicking
on the ACCEPT button below, you agree to the following Terms
of Access. Your acceptance shall be valid for ninety (90) days
after you actually ACCEPT, as provided below.
TERMS OF ACCESS:
General
The Financial Services Authority ("FSA") authorizes
and regulates The Bank of Nova Scotia and requires that it is
made clear that this website and the information contained in
it is only to be available in the United Kingdom to non-private
customers, as they are defined in the rules of the FSA, for the
purposes of those rules.
With respect to all other jurisdictions , the information
in this site is only made available for customers and potential
customers of the ScotiaMocatta Division of The Bank of Nova Scotia
and who are institutional/commercial persons . For these purposes,
institutional/ commercial persons means a person who is carrying
on the investment business and who is not an individual customer
or individual potential customer.
The Bank of Nova Scotia, a chartered bank incorporated in
Canada with limited liability, has prepared this web site in
good faith as a resource for non-private customers and institutional/commercial
persons of ScotiaMocatta, which trademark represents its precious
metals business.
Information in this web site regarding services and products
is applicable only in jurisdictions where such specific services
and products may lawfully be offered for sale and is void where
prohibited by law. The person accessing this web site is responsible
for compliance with all local, national and international laws.
All services and products offered by The Bank of Nova Scotia,
whether on this web site or by any other means, are subject to
the terms of, and the satisfactory completion of, any applicable
agreement.
The information and opinions contained herein have been compiled
or arrived at from sources believed to be reliable when posted.
There may be instances where this information or opinions have
not been kept current. No representation or warranty, express
or implied, is made as to accuracy or completeness, and neither
the information nor any opinion or forecast shall be taken as
a representation or warranty for which The Bank of Nova Scotia,
its affiliates, alliance partners, and / or any of their respective
directors, officers, employees or agents incur any responsibility
or liability. Neither The Bank of Nova Scotia, its affiliates,
alliance partners and / or any of their respective directors,
officers or employees or agents are responsible for or accept
any liability whatsoever for any loss that you or others may
sustain and which arises, directly or indirectly, from any use
of this web site or its contents.
The web site and the information it contains are not, and
they shall not be deemed to be, an invitation, offer, recommendation,
representation, or other commitment or advice for, or in relation
to, any metal, warrant, commodity, currency, interest rate, physical
or spot contract, future, option, or contract for differences
or other investment transaction.
Prices displayed on this web site are purely examples and
should not be assumed to be accurate in "real time" or
in the future. Prices of metals, exchange rates, interest rates
and other instruments may change and may be subject to rapid
volatility. Information concerning past prices, rates or trends
is not a guide to future prices, rates or performance.
Forward looking statements contained on this web site are
subject to uncertainties beyond the control of The Bank of Nova
Scotia, its affiliates and alliance partners and / or any of
their respective directors, officers, employees or agents, including,
but not limited to, economic and financial conditions globally,
regulatory or governmental developments in Canada or elsewhere,
technological developments and competition. You should note that
the manner in which you implement the strategies or act on the
information contained in this web site may expose you to significant
risk and you should carefully consider your ability to bear such
risks through consultation with your legal, accounting and other
advisors.
The Bank of Nova Scotia, its affiliates, alliance partners
and / or their respective directors, officers, employees or agents
may from time to time take positions in the metals and / or instruments
mentioned herein or otherwise in the markets as principal or
agent.
Directors, officers or employees of The Bank of Nova Scotia,
its affiliates or alliance partners may serve as directors of
corporations referred to or named in this site.
The Bank of Nova Scotia, its affiliates or alliance partners
may have acted as financial advisor, lender, underwriter or provider
of other products or services for certain of the corporations
mentioned herein and may have received, or may receive, remuneration
for same.
The web site and the information it contains may be changed
or any part may be discontinued at any time without notice. The
Bank of Nova Scotia reserves the right to change from time to
time the provisions of the Terms of Access and this Notice.
The Bank of Nova Scotia uses "cookies" to record
electronically if a visitor to this website accepts these Terms
of Access and maintains access logs which record activities on
this web site. This will also permit The Bank of Nova Scotia
to determine if the user has previously visited this site. The
Bank of Nova Scotia will not divulge this recorded information
to anyone, except (i) to competent regulators, (ii) to other
authorities, bodies, agencies and services in connection with
the detection or prevention of criminal activities, (iii) to
its service providers, or (iv) where permitted to disclose or
where compelled to disclose by law. In addition, The Bank of
Nova Scotia reserves the right to collect or use personal information
or to make disclosure without the knowledge of the user in those
other limited instances where permitted to do so by the terms
of applicable national legislation.
At the present time, ScotiaMocatta does not intend to use
such collected information for its or The Bank of Nova Scotia's
marketing or solicitation purposes. However, should it in the
future determine otherwise, The Bank of Nova Scotia or Scotia
Mocatta, a Division of The Bank of Nova Scotia, will provide
reasonable notice of such changed intention and will provide
each user with the opportunity to opt out of or consent to being
solicited by ScotiaMocatta or The Bank of Nova Scotia or receiving
their marketing materials. If you would prefer not to receive "cookies",
you should set your browser accordingly. Under certain national
laws you may have the right to access the information we may
hold concerning you, as well as to correct any inaccurate data
, and other rights. If at any time you wish us to cease using
such information about you for the above purposes, please advise
at the address immediately below. If you so advise, we will be
unable to continue to provide the services available through
this ScotiaMocatta web site. Please direct such advice or any
queries about this paragraph and the immediately preceding paragraph
on information held, data protection, etc to:
Mr. S. Lowe,
Managing Director
ScotiaMocatta,
Scotia House
33 Finsbury Square
London, England, EC2A 1BB
Tel: 020-7826-5942
Fax: 020-7826-5947
E-mail: steven_lowe@scotiacapital.com
To the extent that not all of the Internet is properly secured,
The Bank of Nova Scotia cannot ensure absolute confidentiality
or security. Instances may occur where access to this site may
not be available, is interrupted or is delayed for whatever the
reason may be (whether within or beyond the control of The Bank
of Nova Scotia or its service providers). Excluding third party
sites that may be available by links in this site, The Bank of
Nova Scotia will use reasonable commercial efforts to remedy
such a difficulty, but cannot guarantee or warrant that its efforts
will be successful in a timely fashion.
Links:
External sites not connected to affiliates of The Bank of
Nova Scotia or members of the Scotiabank group and accessed by
hypertext appearing in this site have been independently developed
by parties other than The Bank of Nova Scotia or Scotiabank group
members . When a user links to such an external site, the user
will be leaving this scotiamocatta.com web site. The Bank of
Nova Scotia does not guarantee the accuracy of information contained
in such external sites (including whether such information is
materially complete or correct at the time it is viewed through
the scotiamocatta.com web site and/or any external site). The
inclusion of any hyperlink does not imply that The Bank of Nova
Scotia has investigated, verified or monitored the information
in any such site or continues to investigate, verify or monitor.
The listing of an external organization in this site should not
be construed as an endorsement by The Bank of Nova Scotia of
their services or products. Third parties are requested not to
create a link to this web site without obtaining in advance the
written permission of The Bank of Nova Scotia.
Account Access Customer(s):
Customers of the ScotiaMocatta Division of The Bank of Nova
Scotia may be given and will have access electronically through
this site to their account information. These customers will
be first required to enter into an account access agreement in
the form prescribed by ScotiaMocatta. When executed and delivered
by a customer and accepted by ScotiaMocatta, this account agreement
will govern the customer's rights and obligations and those of
The Bank of Nova Scotia in respect of such account access and
availability.
Customers should be aware that currently in respect of account
information available through this service
i. new transactions of a customer will appear in the normal
course of a London, England trading day within approximately
30 minutes of their execution.
ii. initial and variation margin(s) will be calculated at
the end of each trading day in London, England and will remain
constant (will not be adjusted) during the following business
day, unless there is a market fluctuation in the value of the
margin at a level determined solely by ScotiaMocatta, and in
that case the margin level may be then adjusted by ScotiaMocatta;
and
iii. the deposit account information service will be generally
available (but not necessarily all the time) between the hours
of 01.00 hours to 22.00 hours (London, England time) on London
trading days.
Copyright:
Copyright in the contents of this site is owned by The Bank
of Nova Scotia and in some cases its alliance partners or other
third parties whose screens may be displayed . Users of the site
shall only be entitled to copy or print the contents of this
site for their own personal use. Users may not republish nor
reproduce any part of such contents in any other manner whatsoever,
without the prior written permission of the owner of the copyright.
No report or publication included in the site may be reproduced
in whole or in part, or referred to in any manner whatsoever,
nor may the information, opinions and conclusions contained in
it be referred to without in each case the prior express consent
of The Bank of Nova Scotia and, in the case of any other entity
available information, the consent of such other entity. If further
information is needed on a permitted use or license to reproduce
or republish any ScotiaMocatta or The Bank of Nova Scotia material
in this site, please address an inquiry to:
Mr. S. Lowe
Managing Director
ScotiaMocatta,
Scotia House
33 Finsbury Square
London, England, EC2A 1BB
If further information is needed on a permitted use or license
to reproduce or republish any other entity material in this site,
please address any inquiry to appropriate corporate officials
of each such other entity. Any infringement of The Bank of Nova
Scotia's rights will result in appropriate legal action. The
Bank of Nova Scotia disclaims any and all liability for any consequences
which may result from any unauthorized reproduction or use of
the contents of this site whatsoever, including where materials
are those of third parties.
Trade Marks:
(a) The symbols ® and ™ designate Canadian registered
trade mark and unregistered trade mark status respectively. The
following are registered trademarks of The Bank of Nova Scotia
in Canada: (i) Scotiabank (ii) Scotia (iii) Flying "S" and
(iv) Mocatta. The following are trade marks of The Bank of Nova
Scotia in Canada: (v) Flying "S"; Scotiabank; design
(vi) Flying "S"; Scotia Capital; design (vii) Scotia
Capital (viii) Flying "S"; ScotiaMocatta (ix) ScotiaMocatta
(x) scotiabank.ca (xi) scotiabank.com (xii) scotiamocatta.com
and (xiii) ScotiaFX.
(b) The following are service marks of The Bank of Nova Scotia
in the United States: Scotiabank; Flying "S" and design;
scotiabank.ca, Mocatta.
(c) The following are marks of The Bank of Nova Scotia in
the United Kingdom: Scotiabank; Flying "S" and design;
ScotiaMocatta, Flying "S"; ScotiaMocatta; ScotiaFX.
(d) The Bank of Nova Scotia has additional trade marks and
service marks, registered and unregistered, in other countries.
(e) All other service and product names that appear in this
site are trade marks or registered trade marks of their respective
owners. The display of trade marks in this site does not imply
that a license of any kind has been granted.
Law:
The laws of the Province of Ontario, Canada apply to the
use of this site notwithstanding the domicile, residence or physical
location of the user. Users of this site individually agree to
and attorn to the exclusive jurisdiction of the courts in the
city of Toronto, Ontario, Canada to determine any proceeding
that may arise out of their use of this site. Each User agrees
not to bring a legal action against Scotia Capital or Scotiabank
in any jurisdiction except Ontario.
Any limitations on remedies and /or rights to recover damages
that may be contained in any provision of this Notice and Terms
of Access shall apply to all causes of action, including without
limitation breach of contract, tort (including negligence) and
strict liability.
Customers who may enter into a ScotiaMocatta Customer Account
Access agreement will have agreed to particular Governing law
and time limitation contract provisions. These provisions will
apply only to and govern the customer's rights and obligations
and those of The Bank of Nova Scotia in respect of such account
access and availability. (Please review those provisions when
considering the agreement.)
Acknowledgement:
I have read and understood the Legal Notice and Terms of
Access in its entirety and I (including for the entity that I
act for) elect and agree to ACCEPT or DECLINE
Note:
If you (as a user) choose ACCEPT by clicking thereon, you
will be given access to the ScotiaMocatta site and service. If
you decline by clicking thereon, you will be denied access to
the ScotiaMocatta site and service.
The Bank of Nova Scotia has reserved the right to change
from to time the provisions of the Terms of Access. If and when
such a change occurs, you will be required to ACCEPT or DECLINE.
Your acceptance shall be valid for ninety (90) days and,
in order to gain access to this site thereafter, you shall be
required to renew your acceptance (by clicking on the ACCEPT
button at that time).
VISITORS ARE URGED TO PRINT A COPY OF THESE TERMS OF ACCESS
FOR THEIR OWN PURPOSES AND RECORD KEEPING. You may print a copy
of these Terms by accessing a copy of these Terms from the menu
available within this site and printing from that location.
ISSUED AT TORONTO, ONTARIO, CANADA THIS 2ND DAY OF JULY 2003.
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